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2016/09/27COUNCIL MEETING Tuesday, September 27, 2016 Order of Business and Agenda Package September 27. 2016 4:30 In Camera CR Room 1 5:00 Council Meeting Council Chambers CITY OF. .CANADA -LS-ARA FALLS 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 September 27, 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)(c), a proposed acquisition of land pertaining to property at the corner of Montrose and Biggar Roads and a matter that falls under s. 239(2)(f), advice that is subject to solicitor -client privilege and s. 239(2)(e), litigation or potential litigation, including matters before administrative tribunals, related to an education development charges appeal by the Niagara Catholic District School Board. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagaraj'alls CANADA COUNCIL MEETING September 27, 2016 0 Canada to be sung by Summer Watson ADOPTION OF MINUTES: Council Minutes of August 23, 2016 Minutes of Special meeting, September 2, 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. REPORTS 5:00 P.M. 1. TS -2016-34, Transit Public Outreach 2. PBD -2016-53, Request to Recognize McKenzie China Shop and Don Naisbitt, Applicant: Chippawa Public Dock Committee 3. F-2016-37, 2015 Financial Statements 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-2016-35 - Major Receivables -August F-2016-36 - Municipal Accounts L-2016-20 - Demolition of Bridge Street Transit Building, Our File No. 2016-100 (HANDOUT) MW -2016-40 - Millennium Recreation Trail Section 6 (Lundy's Lane to Royal Manor Dr.), Tender Award MW -2016-39 - Tennis and Basketball Service Delivery Review Information Report MW -2016-29 - Claims Procedure on Capital Projects PBD -2016-46 - PLC -2015-005, Request for Removal of Part Lot Control, Lot 60, Registered Plan M-90, Parts 1 and 2, Plan 59R-15418 (6222-6228 Giovina Drive) Moretta Estates Plan of Subdivision, Applicant: Mario Chan, Agent: Al Heywood (Matthews, Cameron, Heywood -Kerry T.Howe Surveying Limited) PBD -2016-47 - 26CD-11-2016-04, Proposed Plan of Condominium, 4644 Pettit Avenue, Applicant: 1006057 Ontario Limited. (George Bhadi), Agent: Al Heywood (Matthews, Cameron, Heywood Surveying Ltd.) PBD -2016-51 - Second Floor Administration and Committee Room Renovations, City Hall, 4310 Queen Street PBD -2016-52 - GTY-2016-007, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application, 7790 Blackburn Parkway, Cantex Distribution Inc. (David Qureshi) 2 PRESENTATIONS/ DEPUTATIONS 6:00 P.M. Paralympic Medallist Niagara Falls native, Shelley Gauthier will be recognized for winning a bronze medal in the 15km cycling time trail event at the recent Rio games. Alzheimer's Coffee Break Peter Nicholson, Board Member, Alzheimer Society Niagara Foundation will inform Council on the 21St Annual Coffee Break. David Gregory MacKinnon Memorial Foundation Michelle MacKinnon, President, will inform Council of an upcoming event the Foundation is hosting. Push for Change Patty Berard, Board Member, Gateway Residential & Community Support Services will inform Council of the Push for Change event to combat homelessness and the upcoming opening of their building in Niagara Falls. PLANNING MATTERS 6:30 P.M. Public Meeting: AM -2016-016, Zoning By-law Amendment Application North Side of Oldfield Road East of Dorchester Road Proposal: A Block Townhouse Project with 24 Dwelling Units and an On -Street Townhouse Project with 4 Dwelling Units Applicant: 800460 Ontario Ltd. and 1650672 Ontario Ltd. (Eric Henry) Agent: Jennifer Vida, Upper Canada Consultants Background Material: Recommendation Report: PBD -2016-48 3 Public Meeting: AM -2016-013, City Initiated Zoning Amendment Farm Produce Outlet Affecting Zoning By-law Nos. 79-200 (Niagara Falls & Chippawa), 1538 (Crowland) and 395 (Willoughby) Background Material: Recommendation Report: PBD -2016-49 -AND- Correspondence from the Niagara Parks Commission Correspondence from Jean Desson Correspondences from Emilie Wetherell Various Correspondences supporting existing fruit stand MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Fire Chief - requesting that the week of October 9th to 16th be proclaimed as "Fire Prevention Week". RECOMMENDATION: For the Approval of Council. 2. Niagara Falls Optimist Club - requesting that the week of October 31st to November 5th be proclaimed as "Youth Appreciation Week". RECOMMENDATION: For the Approval of Council. 3. District 86 Toastmasters - requesting that the month of October be proclaimed as "Toastmasters Month". RECOMMENDATION: For the Approval of Council. 4. Recycling Council of Ontario - requesting that the week of October 17th to 23`d be proclaimed as "Waste Reduction Week". RECOMMENDATION: For the Approval of Council. 4 5. World Federation of Mental Health - requesting that October 10th be proclaimed as "World Mental Health". RECOMMENDATION: For the Approval of Council. 6. Winter Festival of Lights - requesting approval of their annual Fireworks displays, use of City property for various installations and a grant equal to the fees associated with a road and sidewalk closure. RECOMMENDATION: For the Consideration of Council. 7. Niagara Falls International Marathon - requesting the provision of buses and fee waivers related to road closures. RECOMMENDATION: For the Consideration of Council. 8. St. Paul High School — requesting the allowance for food trucks on October 28th and relief to business licence requirements. RECOMMENDATION: For the Consideration of Council. 9. Hotel Dieu Shaver — requesting a grant equal to ice rental fees for the 2017 Celebrity Ice Cup Challenge. RECOMMENDATION: For the Consideration of Council. 10.Our Lady of Scapular - requesting a grant equal to ice rental fees for the Syrian Refugee ice hockey game. RECOMMENDATION: For the Consideration of Council. 11.365 Sports Inc. — correspondence outlining unexpected costs associated with the Urban Slide event. RECOMMENDATION: Receive and File. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. 5 RESOLUTIONS THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls authorizes an application for funding under the Regional Municipality of Niagara's Lakefront Enhancement Strategy for the George Bukator Park enhancements. 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. 2016-94 A by-law to assume a public highway within the City of Niagara Falls. 2016-95 A by-law to amend By-law No. 79-200, to rezone the whole of the Lands Camping Establishment (CE), to add unserviced cabins, a place of entertainment and recreational uses to the list of uses permitted on the Lands and to repeal By-law No. 95-116 (AM -2016-010). 2016-96 A by-law to amend By-law Nos. 79-200 and 2011-04, to permit the use of the Lands for a townhouse dwelling and group dwellings and to repeal By-law No. 2015-011 (AM -2016-011). 2016-97 A by-law to designate Lot 60, Registered Plan M-90, not be subject to part -lot control (PLC -2015-005). 2016-98 A by-law to authorize the execution of an Encroachment Agreement with 1515435 Ontario Limited respecting the encroachment of stairways and eavestroughs from the sidewalk to the building municipally known as 3710 Main Street, in the City of Niagara Falls. 2016-99 A by-law to authorize the execution of a Lease Agreement with 4673 Ontario Avenue Ltd. respecting the lease of a portion of the Elgin Block for the Information Systems department. 2016-100 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. 6 2016-101 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2016-102 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections) 2016-103 A by-law to amend the by-law to provide for citizen appointments to certain Committees and Boards. 2016-104 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. 2016-105 A by-law to amend By-law No. 79-200, By-law No. 1538, of the former Township of Crowland, now the City of Niagara Falls, and By-law No. 395, of the former Township of Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory provisions (AM -2016-013). 2016-106 A by-law to authorize the payment of $32,686,031.78 for General Purposes. 2016-107 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of September, 2016. NEW BUSINESS Summer Watson is a 10 Year old Grade 5 Student at Riverview School in Chippawa. She has been a voice student of Sandra Mason fort 1/2 years and is interested in all aspects of music. She is currently taking piano lessons with Martha Jordon and is in a music program through her school where she is learning to play the Saxophone. During the summer she went to camp with the Niagara Symphony where she learned to play the Violin. Other than music she loves all subjects at school including Reading, Math and Science. She is involved in Cross Country at her school, looks forward to playing Volleyball this school year, and she enjoys gymnastics classes in the evening. She also spends a lot of time making videos for her you tube channel. She is a determined, smart young lady who loves challenges! Niagarafals REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department TS -2016-34 September 27, 2016 SUBJECT: TS -2016-34 2016 Transit Service Improvements — Public Outreach Results RECOMMENDATION This information outlined in this report be forwarded to the 2017 budget deliberations. EXECUTIVE SUMMARY In February 2016, Council approved the undertaking of a public consultation process engaging residents of the City and stakeholders of transit, including transit operators, to gather input on the 2016 approved service enhancements and future phasing of half hour service levels. The public consultation process included various methods of stakeholder input including social media, onboard questionnaires, web page presence and public open houses resulting in a total of 472 questionnaire responses. Based on the responses received from the questionnaire and the public consultation process the results indicate that the majority of respondents are satisfied with the current system; however they would benefit further with the introduction of 30 minute service levels. Additionally, the majority of respondents indicated that 30 minute service levels should be a priority of Niagara Falls City Council. Lastly, the majority of respondents indicated they do not have any issue with the Red Line accommodating both tourists and local residents. The consultation process supports the phased -in approach for service level enhancements moving toward 30 minute peak hour service over the next three years. Costing for each of the phases will be addressed on a yearly basis through the budget process. Phasing beyond the implementation of 30 minute peak hour service in 2019 will be reviewed to determine if peak hour service and/or extended operating hours should be implemented. Finally, Staff will continue to address the action items noted throughout this report and the specific comments received during the transit operators workshop, and public consultation process. These comments will be utilized to address ongoing operational 2 TS -2016-34 September 27, 2016 and service improvements, in addition to the implementation of future improvement phases. BACKGROUND The City of Niagara Falls is committed to enhancing transit service through a phased -in approach. In January 2014, Phase 1 introduced a completely new route structure and schedule. Building upon this framework, Phase 2, implemented in May 2016, introduced improvements to the Red Line and evening service. The ultimate goal is to increase headways (frequency of service), system wide, to 30 minute service levels utilizing a "phased -in approach" over several years. Each phase will be evaluated for its effectiveness to the overall system. ANALYSIS/RATIONALE In February 2016, Council approved the undertaking of a public consultation process to engage the residents of the City and stakeholders of transit to ensure comments and issues are incorporated into the proposed enhancements to transit service. This consultation process followed a similar format as the previous Ad -Hoc Transit Advisory Committee, which was established in 2011 to develop a comprehensive routing and scheduling implementation plan. Transportation Services began soliciting input through a public consultation process with the following user groups: • Transit Operators; • College / University Students; • High School Students; • Seniors; • Key Opinion Leaders; and • General Public. Input from the above-mentioned groups was obtained directly through face-to-face surveys, public presentations, online questionnaires and transit operator workshops. Specific details regarding each user group is provided below: Transit Operators Workshops All transit operators were invited to attend workshops on March 7, 9, 14, and 20, 2016 to express their opinions and experiences related to the Phase 2 improvements and regarding build -out of the existing services. Four sessions were needed due to shift work to capture as many operators feedback as possible 3 TS -2016-34 September 27, 2016 The attendees were provided comment sheets and were requested to provide input on the following matters: • Improvements to the Red Line Service; • Improvements to Routes 203/206; and ■ Suggestions to improve the current daily operations and service. The following provides a summary overview of the comments received and action item to address any issues noted: • Red Line Service: o 15 minute service was suggested by operators to be implemented during peak hours (10 a.m. to 2 p.m., and 4 p.m. to 8 p.m.) o Ambassadors on the Red Line to supplement the operators in addressing rider questions and concerns. Action item. Based on the operator suggestions and analysis of ridership data, 15 minutes service levels have been implemented from 10 a.m. to 8 p.m. throughout the week during the summer season (until Labour Day). Action item. The request for ambassadors on the Red Line will be reviewed and addressed in the upcoming 2017 operational budgets. ■ Routes 203 / 206 - 30 minute service levels was suggested by operators Action item. Based on the operators' suggestions and analysis of ridership data, 30 minute service levels were implemented in May 2016. As a result of the added service, ridership has increased and schedule adherence has improved. • General operational concerns. Action item. Operational concerns will be reviewed and addressed on an ongoing basis. College / University Students A questionnaire was administered on April 13 and 14, 2016 to students using the Brock service to St. Catharines, and the Niagara College services to the Niagara -on -the -Lake and Welland campuses. High School Students Transportation Services Staff presented and administered a questionnaire to the Mayors Youth Advisory Committee (MYAC) on May 4, 2016. Staff also provided MYAC 4 TS -2016-34 September 27, 2016 representatives posters to advertise the online questionnaires and public open houses at their respective High Schools. Seniors A questionnaire was administered on April 21 and 28, 2016 to seniors using the Foodland Charter service. Additionally, questionnaires we provided to patrons of the Coronation Centre from April 21 to May 5, 2016. Key Opinion Leaders Transportation Services Staff notified Key Opinion Leaders (Business, community groups, and Tourist Operations, etc.) by email of the public outreach program on May 31, 2016. Staff requested their participation in the process by completing the questionnaires and attending the public open houses. City Staff also requested these leaders share the questionnaire with their staff. General Public Transportation Services Staff soliciting input to the general public through public notices on the following: ■ City Website (Homepage and Transit Services Page) ■ Social Media (Facebook, Twitter) ■ Posters (located at City Facilities, Niagara Square and On -Bus) • Niagara Falls Review — My City Section (weekly from April 28 — June 9, 2016) • MyCity E -newsletter (May 2016) • Stand-alone ads for public meetins (June 13, 2016) The notices advertised the public consultation process and encouraged public participation in completing the questionnaire and attending the public open houses. Public Open Houses Transportation Services Staff organized public open houses to engage the residents of the City, and stakeholders of transit and to ensure comments and issues are considered into the proposed enhancements to transit service. Public Open Houses were scheduled on June 6, 2016 at the MacBain Community Centre and June 13, 2016 at the Niagara Falls History Museum. The open houses were from 5:00 p.m. to 7:00 p.m., with a formal presentation at 5:30 p.m. A total of 22 people attended the public meetings. 5 Questionnaire Results TS -2016-34 September 27, 2016 A hardcopy version of the questionnaire was provided to the above-mentioned user groups and posted on the homepage of the City of Niagara Falls website from April 25, 2016 through to June 20, 2016. The number of respondents is summarized below: Brock Service to St. Catharines Niagara College Service to Welland Niagara College Service to Niagara -on -the -Lake High School Students (MYAC) Seniors (Foodland Charter, Coronation Centre) Key Opinion Leaders Public Meetings General Public Total 82 responses 120 responses 107 responses 5 responses 15 responses 2 responses 14 responses 127 responses 472 responses The following provides a summary of the questionnaire results. Please refer to Attachment #1 for the detailed questionnaire results: Question 1 - How old are you: • Nearly half of respondents (46 percent) indicated they were between the ages of 19- 24 years old. Question 2 — How often do you use Niagara Falls Transit? ■ The majority of respondents (79 percent) indicated they are daily users of transit. Question 3 — To which communities do you regularly travel to via transit? • The majority of respondents (90 percent) noted they regularly travel via transit to the following communities: St. Catharines, Niagara- on- the Lake, and Welland. 6 TS -2016-34 September 27, 2016 Question 4 — Is the punctuality of the buses satisfactory? If no, please provide comments. ▪ The majority of respondents (83 percent) indicated they are satisfied with the punctuality of the buses. ▪ The remaining respondents (17 percent) who indicated the punctuality of the buses was not satisfactory provided comments. The comments received were related to the punctuality of buses, specifically during early morning, evening and weekend periods. The respondents also indicated the punctuality affects their connections and transfers. Is the punctuality of the buses satisfactory? • rs, •ray, Action item. Operational concerns related to the punctuality of buses will be reviewed and addressed on an ongoing basis. Question 5 - Are the operating hours of service adequate? If no, please provide comments. ▪ The majority of respondents (58 percent) indicated the operating hours of service are adequate. ▪ The remaining respondents (42 percent) who indicated the hours of service were not satisfactory provided comments. The majority of the comments received were related to the hours of service, specifically during the evening and weekend periods. Are the operating hours of service adequate? • Ye7. M�:i Action item. Following the Transit Improvements Plan, enhancements to levels of service, including extending operating hours will be reviewed prior to the implementation of future phases. The need and justification for in -filling routes or extending hours of service will be evaluated. 7 TS -2016-34 September 27, 2016 Question 6 - Would you benefit from 30 Would you benefit from 30 minute service? minute service? Nearly all of the respondents (90 percent) indicated they would benefit from 30 minute service. Question 7 - What time of the day would 30 minute service most benefit you? Approximately half of the respondents (52 percent) indicated they would most benefit from 30 minute service during the morning. ■Yes ■No What time of the day would 30 minute service most benefit you? ?Horning Afternoon r Evening 8 Question 8 - What days of the week would 30 minute service most benefit you? • Approximately half of the respondents (55 percent) indicated they would most benefit from 30 minute service during the week (Monday — Friday). Question 9 - Should 30 minute service be a priority of Niagara Falls City Council? • Practically all of the respondents (90 percent) indicated that 30 minute service should be a priority of Niagara Falls City Council. TS -2016-34 September 27, 2016 What days of the week would 30 minute service most benefit you? ■Monday -Friday • Saturday 1 Sunday Should 30 minute service be a priority of Niagara Falls City Council? ■Yes ■No 9 TS -2016-34 September 27, 2016 Question 10 — Currently, the Red Line accommodates both tourists and local residents. Do you have any issues with the current practice? If yes, please provide comments. Most of the respondents (74 percent) indicated they do not have any issues with the Red Line accommodating both tourists and local residents. The remaining respondents (26 percent) who indicated they have an issue with the current practice provided comments. The majority of the comments received were related to the number of stops, transfers and overcrowding. Do you have any issues with the current practice (Red Line)? Action item, Following the public consultation process, on June 24, 2015, 15 minutes service levels have been implemented, resulting in 15 minute service levels from 10 a.m. to 8 p.m. throughout the week during the summer season (until Labour Day). This has helped to relieve congestion and overcrowding. Overall, based on the responses received from the questionnaire and the public consultation process, the results indicate that the majority of respondents are satisfied with the current system; however they would benefit further with the introduction of 30 minute service levels. Furthermore, the majority of respondents indicated that 30 minute service levels should be a priority of Niagara Falls City Council. Lastly, the majority of respondents indicated they do not have any issue with the Red Line accommodating both tourists and local residents. Staff is recommending that the phased in approach for the service level enhancements is supported by the transit users and that consideration be given to approving the Phase 3 improvements in the 2017 operating budget. Furthermore, Staff will continue to address the action items noted throughout this report and the specific comments received during the public consultation process. These comments will be utilized to address ongoing operational and service improvements, in addition to the implementation of future improvement phases. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2016 Operating Budget has been approved with the provisions for the costs of enhancing service levels for Phase 2. The cost impacts of future phases will be determined through future Operating Budgets. The costs associated with the public 10 TS -2016-34 September 27, 2016 outreach program were direct staff time and is accommodated with existing resources and budgets. CITY'S STRATEGIC COMMITMENT The Transit Service Improvements and Public Consultation process support 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. LIST OF ATTACHMENT Attachment #1 — Questionnaire Summary Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted. I� Ken Todd, Chief Administrative Officer mb/bc TS -2016-34 Attachment #1 — Questionnaire Summary Question 1 - How old are you: General Public / Website Coronation Mayor's Brock Niagara Niagara Public Centre / Youth University College College Meeting Foodland Advisory Service to St. Service to Service to AIL Charter .yCommitte nd Percent. 14-18 years of age 11 19-24 years of age 11 25-59 years of age 1 89 5 60 years or older 16 8 5 2 15 6 53 75 13 23 17 54 11.6% 74 214 45.8% 27 159 34.0% 13 2 1 40 8.6% How old are you: ■ 14-18 years of age 19-24 years of age _ 25-59 years of age IS 60 years or older Question 2 — How often do you use Niagara Falls Transit? General Public / Website Coronation Mayor's Brock Niagara Niagara Public Centre / Youth University College College Total Percent Meeting Foodland Advisory Service to St. Service to Service to Char- Commute t ee atharines NOTL Daily 73 Weekly 6 5 23 3 4 57 11 90 3 100 331 78.6% 7 51 12.1% Monthly 11 1 1 2 2 1 2 20 4.8% Never 15 1 2 1 19 4.5% How often do you use Niagara Falls Transit? ■ Daily ,r Weekly _ Monthly r Never Question 3 — To which communities do you regularly travel to via transit? To which communities do you regularly travel to via transit? 2.4% ■ Fort Erie ■ NOTL ,m Welland 1St. Catharines ■ Port Colborne L.Thorold General Public / Coronation Mayor's Brock Niagara Niagara Publi . :' Centre / Youth University College College Total Percent ; Meeting Foodland Advisory Service to St. Service to Service to Charter Committee Catharines NOTL Welland Fort Erie 6 2 - - 2 2 2 14 2.4% NOTL 23 - 1 - 4 94 41 163 27.7% Welland 30 2 2 - 3 16 92 145 24.7% St. Catharines 56 8 6 2 76 43 26 217 36.9% Port Colborne 5 - 1 -- - - 6 1.0% Thorold 20 1 1 - 9 5 7 43 7.3% To which communities do you regularly travel to via transit? 2.4% ■ Fort Erie ■ NOTL ,m Welland 1St. Catharines ■ Port Colborne L.Thorold Question 4 — Is the punctuality of the buses satisfactory? General Public / Website Coronation Mayor's Brock Niagara Public Centre / Youth University College Meeting.Foodland Advisory Service to St. Service to harter Committee fries NAL Niagara College Service to Total Percent Yes No 84 7 40 6 13 1 4 1 70 96 112 386 83.4% 11 10 8 77 16.6% Is the punctuality of the buses satisfactory? ■ Yes ■ No Question 5 - Are the operating hours of service adequate? eral Public / Website Coronation Mayor's Brock Niagara Niagara Public Centre / Youth University College College Meeting Foodland Advisory Service to St. Service to Service to AM Charter Conttee 41111k, _ NOTL Welland Total Percent Yes 50 No 73 7 7 9 2 1 1 47 68 80 263 57.8% 35 37 38 Are the operating hours of service adequate? Yes s No 192 42.2% Question 6 - Would you benefit from 30 minute service? iimpirpimmapippw, dene-FalPublic Public / Meeting Website 111111111111111111-. • Coronation Centre / Foodland Charter Mayor's Brock Niagara Youth University College Advisory Service to St. Service to NOTL Committe�rines Niagara College Service to Wand Total Perce Yes No 121 5 13 1 11 4 70 1 11 1 87 103 409 89.7% 18 11 47 10.3% Would you benefit from 30 minute service? •Yes ■ No Brock Niagara University College Service to St. Service to Niagara College Service to 0 Total Percent mmittee - NOTL Welland. - 40 55 59 216 52.0% 3 18 14 30 108 26.0% 1 12 23 20 91 21.9% Question 7 - What time of the day would 30 minute service most benefit you? General Public / Website Coronation Mayor's Public Centre / Youth Meeting Foodland Advisory Charter Co Morning Afternoon 50 36 Evening 31 6 6 3 4 3 1 What time of the day would 30 minute service most benefit you? • Morning • Afternoon -. Evening Question 8 - What days of the week would 30 minute service most benefit you? Monday -Friday General Public / Website Saturday 104 Coronation Mayor's Brock Niagara Niagara Public Centre / Youth University College College Meeting Foodland Advisory Service to St. Service to Service to Charter Co tee CatharinesilMilllikWelland 12 58 6 9 3 3 66 1 24 79 101 Total Percent 374 54.8% 39 27 158 23.1% Sunday 53 6 3 20 39 30 151 22.1% What days of the week would 30 minute service most benefit you? r Monday -Friday r Saturday Sunday Question 9 - Should 30 minute service be a priority of Niagara Falls City Council? Coronation 111,„ _ - Brock Niagara Niagara General Public Centre / Youth University College College Public / Total Percent Meeting Foodland Advisory Service to Service to Service to I Charter Committee Catharine NOTL Wellan' Yes 115 1 12 No 5 I 2 9 1 66 89 104 396 89.4% 4 13 15 8 47 10.6% Should 30 minute service be a priority of Niagara Falls City Council? al Yes No Question 10 — Currently, the Red Line accommodates both tourists and local residents. Do you have any issues with the current practice? General Public / Coronation Mayor's Brock Public Centre / Youth University Meeting Foodland Advisory Service to St. Charter Committee Cates Niagara Niagara College College Service to Service to Ngingok Welland Total Percent Yes 55 8 No 62 5 3 9 1 2 16 16 65 88 Do you have any issues with the current practice (Red Line)? ■Yes ■No 18 117 93 324 26.5% 73.5% Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-53 September 27, 2016 SUBJECT: PBD -2016-53 Request to Recognize McKenzie China Shop and Don Naisbitt Applicant: Chippawa Public Dock Committee RECOMMENDATION For the consideration of Council. EXECUTIVE SUMMARY The Chippawa Public Dock Committee is requesting that recognition be given for additional signage at the Front Street Public Dock and the Chippawa Boat Ramp. The Dock Committee would like to recognize the McKenzie China Shop which once stood on the site where Tim Hortons (Chippawa) is located and to recognize the community contributions of Don Naisbitt at the Chippawa Boat Ramp. The recognition would be in the form of an additional sign board (see mock-up attached); no change in the name of the public facility is requested. BACKGROUND The Chippawa Public Dock Committee is seeking Council's support to augment the signs at the Front Street Public Dock and the Chippawa Boat Ramp to recognize the McKenzie China Shop and Don Naisbitt. The Committee does not wish to rename the City Facilities. Therefore, Policy 1000.7 regarding Naming and Renaming of Parks does not apply. The Front Street Public Dock is located on the Welland River next to the Tim Hortons in Chippawa. The Tim Hortons property was previously the site of McKenzie China Shop. According to the book "Images of a Century", the McKenzie China Shop opened in 1882. It continued to occupy the site until the building was demolished in 1996. The Committee wishes to add a sign board with the words "McKenzie Landing" to recognize the former business with its important historic association with Chippawa. The Chippawa Boat Ramp is located on Lyon's Creek Road, opposite Sodom Road. The Committee wishes to commemorate the community contributions of Don Naisbitt who operated a mechanical garage, opposite the boat ramp, for many years. He was a friend to many who stopped at his garage and served as a mentor to a younger 2 PBD -2016-53 September 27, 2016 generation who stopped to fill bicycle tires with air. Mr. Naisbitt continued to live opposite the boat ramp until his passing in 2014. The Committee is requesting a dedication sign be added to the existing signage with the words "Naisbitt Parkette". FINANCIAL IMPLICATIONS The Chippawa Public Dock Committee would be responsible for the costs of the signs and installation. City staff will coordinate the installation. LIST OF ATTACHMENTS D Appendix 1 — Proposed "McKenzie Landing" signage ➢ Appendix 2 — Proposed "Naisbitt Parkette" signage Recommended by: Respectfully submitted. A.Herlovitch:gd Attach. 1 ,A Alex Herlovitch, Director of Planning, Building & Development Keri Todd, Chief Administrative Officer S:\PDR\2016\PBD-2016-53, Front Street Public Dock-Chippawa Boat Ramp.docx 3 PBD -2016-53 September 27, 2016 APPENDIX 1 The City of Nznara Falls 4 PBD -2016-53 September 27, 2016 APPENDIX 2 Niagara,Falls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Council City of Niagara Falls, Ontario Finance Department F-2016-37 2015 Consolidated Financial Statements F-2016-37 September 27, 2016 RECOMMENDATION For the information of Council, EXECUTIVE SUMMARY The City's auditors, Crawford, Smith & Swallow, has completed the audit of the financial statements for the year ending December 31, 2015. This report is the presentation of those statements for Council's review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. BACKGROUND The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City's Financial Information Return (FIR) submission to the Province of Ontario. LIST OF ATTACHMENTS The draft audited Financial Statements are attached for je year ended December 31, 2015. Recommended by: iss 4i4 OP Todd Hrri 01 n, Directo of Finance Respectfully submitted: Ken T d, Chief Administrative Officer Crawford smith6 swallow CORPORATION OF THE CITU (iF NIAGARA FALLS, ONTARIO}`n Consolidated Financial Statements December 31, ,211115 . crawford smith, swallow CORPORATION OF THE CITY OF NIAGARA FAL LS,'`ONTARIO Consolidated Financial Statements December 31, 2015 Table of Contents Management Report Independent Auditors' Report Consolidated Statement of Financial Page 1 2-3 4 Consolidated Statement of Operations acc4Ficcumulated Surplus 5 Consolidated Statement< 'f Cash Fla`Wk' 6 Consolidated Statement dtChange in et Financial Assets 7 Notes to Consolidated Finan&al Statements gi Schedule of Segmented Reportit$ Schedules of Tangible Capital Assets Independent Auditors' Report - Trust Funds Statement of Financial Position - Trust Funds Statement of Financial Activities and Changes in Fund Balances - Trust Funds Notes to Financial Statements - Trust Funds 34 8-25 26-27 28-29 30-31 32 33 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO MANAGEMENT REPORT December 31, 2015 HA The accompanying consolidated fmancial statements of the Corporafiof of the City of Niagara Falls, Ontario (the "Municipality") are the responsibility of the Municipahty:s.management and have been prepared in accordance with Canadian public sector accounting stanaards established by the Public Sector Accounting Board of the Chartered 1 xofesStonal Accountants of Canada, as described in Note 1 to the consolidated financial statements LYr The preparation of consolidated financial statements, necessarlhy n,olves the use of estimates based on management's judgement, particularly when trop actiions affecting the current accounting period cannot be finalized with certainty until future perio"ds Municipality management maintains as.'.syStem of internal controls designed to provide reasonable assurance that assets are safeguaiaed, Zransactions are properly authorized and recorded in compliance with legislative and re'gulatgi-y requirements and reliable financial information is available on a timely basis for preparation ofthe.con'solidated financial statements. These systems are monitored and evaluated by management. Council meets with management and the external auditors to review the consolidated financial statements and discuss atiy srgnificanti,financial reporting or internal control matters prior to their approval of the consolidated financial statements. The consolidated fmancialY statements have been audited by Crawford, Smith and Swallow Chartered Accountants LLP, independent external auditors appointed by the Municipality. The accompanying Independent Auditors' Report outlines their responsibilities, the scope of their examination and their opinion on the Municipality's consolidated financial statements. Jim Diodati Ken Todd Mayor Chief Administrative Officer September XX, 2016 September XX, 2016 1 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356-4200 Telecopier (905) 356-3410 Offices in: Niagara Falls, Ontario St. Catharines, Ontario Fort Erie, Ontario Niagara -on -the -Lake. Ontario Port Colborne. Ontario Crawford smithag swallow INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying consolidated finane a1 stat'ments of theorporation of the City of' Niagara Falls, Ontario, which comprise the consolitiated)htement of/ rfinancial position as at December 31, 2015, and the consolidated statements of o#ations and accumulated surplus, cash flows and change in net financial assets for the year the ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the ConsolidateJFtit'` Erttal Statements Management is responsible for the preparation and)faiir pPE Sitation of these consolidated financial statements in accordance with Canadlarip,blic sector accounting standards, and for such internal control as management deternunes;h neces ary to Aable the preparation of consolidated financial statements that are free from matertatkpisstatement, whbther due to fraud or error. it Auditors' Responsibility Our responsibility is to express tri6opmioncoapese consolidated financial statements based on our audit, We conducted our"audit inac&Drdande>with Canadian generally accepted auditing standards. Those standards requn-ectlat we coni tjy with ethical requirements and plan and perform the audit to obtain reasonable assui=„ance about;whether the consolidated financial statements are free from material misstatement. %0 nf' 4 An audit involves performin 3''ocedures to obtain audit evidence about the amounts and disclosures in the consolidated- fmancial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. 2 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2015, and the consolidated results of its operations, cash flows and changes in net financial assets for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario September XX, 2016 CRAW ORMSMITH AND SWALLOW CHA CTEKED ACCOUNTANTS LLP LICENSED PUBLIC AGOUNTANTS 3 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2015 Financial Assets - note 7 Cash Investments - note 4 Taxes receivable - note 5 Accounts receivable User charges receivable Long-term receivables Note receivable - note 6 Long-term investment - note 6 Contingent Liabilities - note 16 Liabilities Accounts payable and accrued liabilities Deferred revenue - obligatory reserve funds Deferred revenue - note 9 Other current liabilities Post -employment benefits - note 10 Net long-term liabilities - note 11 Net Financial Assets Non -Financial Assets Tangible capital assets ;,_!' Inventories and prepaid expenses 2015 87,111,238 26,888,545 14,197,240 19499,566 Q6,190 2,202,398 000,000 1$0,112 Accumulated Surplus - note 12 265,0 289 29,234,114 30,380,535 113,175,269 2,565,211 28,859,524 57,746,684 161,961,337 103,123,952 2014 77,031,988 24,612,059 15,798,448 18,836,123 4,706,588 2,631,845 22,000,000 76,979,681 242,596,732 34,047,053 25,256,743 13,592,156 2,552,836 30,151,569 62,503,603 168,103,960 74,492,772 695,551,481 690,340, 956 2,689,294 2,875,951 698,240,775 693,216,907 801,364,727 767,709,679 Signed on behalf of the Municipaity: Mayor Chief Administrative Officer See accompanying notes crawford smith C8Z swallow 4 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31, 2015 Revenues Taxation - note 5 User fees and charges Government of Canada grants Province of Ontario grants Other municipal grants Interest and penalties Investment income Casino and gaming revenues Niagara Falls Hydro Holding Corporation net comprehensive income - note 6 Contributions from Obligatory Reserve Funds Other Loss on disposal of tangible capital assets Budget $ $ 2015 69,194,524 69,577,359 54,799,474 56,542,452 2,500 i,706,568 1,662,006 2,311 1,131,589 2,660,000 ,, 080,434 2,465,000 351,369 21,000,90 ' 23$ ,468 10,600, 5,479,566 5,117;125, 9,358,803 __ ? (174,270) 156,900,629 ;185,153,080 2014 64,946,366 47,898,576 8,524,731 2,229,040 1,133,224 2,559,563 3,161,660 21,388,833 1,529,209 4,365,281 9,748,278 (1,153,327) 166,331,434 Expenses General government Protection to persons and prope Transportation services Environmental services Health services Social and fanuly services:: Recreation and cultural- se Planning and development 12,490,2270 25,810,949 31',935,321 33;401,261 1,698,768 898,320 20,380,855 5,394,924 132,010,668 11,598,457 25,577,718 40,788,046 41,509,874 1,566,646 998,240 24,409,154 5,049,897 151,498,032 16,658,532 26,696,654 53,594,290 39,325,990 1,763,789 938,926 21,403,429 4,999,054 165,380,664 Annual Surplus Accumulated Surplus, Begini fngof Year - note 2 Accumulated Surplus, End of Year 24,889,961 33,655,048 950,770 767,709,679 767,709,679 766,758,909 792,599,640 801,364,727 767,709,679 See accompanying notes crawforrl smith C& swallow 5 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2015 Operations Annual surplus 2015 33,655,048 2014 950,770 Sources (Uses) Change in investments Change in taxes receivable Change in accounts receivable Change in user charges receivable Change in long-term receivables Change in inventories and prepaid expenses Change in accounts payable and accrued liabilities Change in deferred revenue - obligatory reserve fungi' Change in deferred revenue Change in other current liabilities Change in post -employment benefits (2,276,486) 01,208 43,443) (899,602) 429,447 86,657 939) 5,123"21 (416, ) 12;75 (1,292,045) 4 (3,007,923) 5,168,533 (844,249) 1,720,633 7,286,406 (96,950) (731,149) 5,005,255 4,387,132 (755,402) (596,666) 436,801 20,980,344 Non-cash charges to operations Amortization of tangible capital assets Loss on disposal of tangible capital assets Net increase in cash from operations tr 23,973,650 174,270 24,147,920 54,795,045 24,111,796 1,153,327 25,265,123 47,196,237 Capital Acquisition of tangible capital assets Investing Niagara Falls Hydrofoldmg Corppyatioci;iet comprehensive preome note 6'-,; Financing * ;+ Long-term debt repaid Increase in Cash Position Cash Position, Beginning of Y. ar Cash Position, End of Year (29,358,445) (10,600,431) (31,846,342) (1,529,209) (4,756,919) 10,079,250 77,031,988 87,111,238 (5,070,331) 8,750,355 68,281,633 77,031,988 See accompanying notes crawford smith CIO, swallow 6 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31, 2015 Annual Surplus Acquisition of Tangible Capital Assets Amortization of Tangible Capital Assets Loss on Disposal of Tangible Capital Assets Chan • e in Inventories and Pre i aid Ex enses Increase (Decrease) in Net Financial Assets Net Financial Assets, Beginning of Year - note 2 Net Financial Assets, End of Year 2015 33,655,048 (29,358,445) 73,650 174,270 7 86 657 28;6-a 180 74,49' a72 103,123,12 2014 950,770 (31,846,342) 24,111,796 1,153,327 731,149 (6,361,598) 80,854,370 74,492,772 See accompanying notes crawford smith 6& swallow 7 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality") are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada ("CPA Canada") with the exception of providing budget figures (note 18). (a) Basis of consolidation (i) These consolidated financial statements reflect t'-84 � sets, liabilities, revenues and expenses of the operating fund, reserves, resei4e funs, and changes in investment in tangible capital assets. It includes the a ities of a' committees of council and the following boards, municipal enterp'ses'and utiliiie„"s which are under the control of council: > Library B oard Clifton Hill Business Improvemen T ea Downtown Board ofM%nagement' Fallsview Business Impro,ment Ardaitrd, Lundy's Lane Business Imp3# fitment Main & Ferry Business Imp�roliment Area Victoria & Centre Business;igiripro2 Tient Area Niagara Convanfion & Civio',CentriInc. Niagara Falls' Hydio Holdingfoyporation The Niagara Falls Itydro;.HGldina corporation ("NFHHC") is accounted for on a modified equity basis,, onsisiei'it ,vith the accounting treatment for government business ente Irises. Under the modified equity basis, the business enterprise's accounting prmcipT s, are not} djusted to conform with those of the Municipality, and Fier-organizatidual tr'a'nsactions and balances are not eliminated. The Municipty recogn4 its equity interest in the net comprehensive income or loss of NFHH,,in its ',¢Consolidated Statement of Operations and Accumulated Surplus" wi`tha, corf9sponding increase or decrease in its investment asset account. Any dividends atrfhe Municipality may receive from NFHHC will be reflected as reductions in the*nvestment asset account. crawford smith 6, swallow 8 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial -consolidated entity The following joint local board is proportionately consolidated. See note 15. Niagara District Airport Commission (Joint Board) Accounting for Region and School Board transactions The taxation, other revenues, expenses, assets$andliabilities with respect to the operations of the school boards and the Regiolt" of Niagara are not reflected in the municipal fund balances of these consolidated financial'statements. (m) (iv) Trust funds Trust funds and their related operatiu,adrmhistered by the Municipality are not consolidated, but are reported separatel � n"the "Trust Funds Statement of Financial Position and Statement of Fiiiahcial Activities and Changes in Fund Balances". 140 (b) Basis of accounting?" (i) Revenues and expenses are reported on tYlte accrual basis of accounting. (ii) The accrual basis of accounting recognizes tevenues as they become available and measurable; expenssek dr& ecognized as 'they are incurred and measurable as a result of receipt oftds tib services'and the creation of a legal obligation to pay. (iii) Investments h 3 Investments consist of Govermrierltiof Canada treasury bills and crown corporation bonds; provincraf gpvernment bonds; and Canadian corporate bonds. Investments are recoyded at cosf„plus aceed interest. v) Non,fmahcial assets , 4its Non-financial assets are not available to discharge existing liabilities and are held M1S for use in the*provision of services. They have useful lives extending beyond the current year,;al,ct are not intended for sale in the ordinary course of operations. The change in iron -financial assets during the year, together with the excess of revenues over expenses, provides the change in net financial assets for the year. (v) Tangible capital assets Tangible capital assets are recorded at cost. Cost includes all directly attributable expenditures in the acquisition, construction, development and/or betterment of the asset required to install the asset at the location. ( 9 craw[ord smith 6& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (v) Tangible capital assets - continued Amortization is recorded to reflect the cost, net of anticipated residual value, associated with the use of the asset in providing government services on a straight- line basis over the estimated useful life of the asset. Assets under construction are not amortized until the asset is available for produc><ibeise, at which time they are capitalized. Gains and/or losses on the disposal Qf an asset is recorded on the "Consolidated Statement of Operations and Acenmt fated Surplus" as "gain/loss on disposal of assets". Asset Class Period' General Assets rel Land NIL Land improvements 10 bears Buildings - 15-104 ears Furniture and equipment t, 10-25 y rs Vehicles 16v2.5 years Infrastructure Environmental ,30 -'lot ears Roads " 10-75' ears � ,, y Water ':i 1,5-100 years 2" , Tangible assets received as,cgntributions are recorded at their fair market value at the date of receipt an are aisoti-ecorded as revenue. Similarly, transfers of assets to third parties tr reconied as an expense equal to the net book value of the asset as of the -date oftransfer. ' �a The histrical cost of works of art or historical treasures has not been assigned to these assets, nor discloled in the consolidated financial statements, (vi) Inventoriesn>>, McInventories ar0;value'd at average cost, (vii) Deferred revenif Funds received' for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (viii) Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur, providing the transfers are authorized, any eligibility criteria are met, and reasonable estimates of the amounts can be made, except when and to the extent that stipulations associated with the transfer give rise to a liability. Transfers are recognized as deferred revenue when transfer stipulations give rise to a liability. The transfer revenue is recognized in the "Consolidated Statement of Operations" as the stipulations giving rise to the liabilities are settled. 10 crawford smith 12Q, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (ix) Employee future benefits The Municipality provides defined retirement and other future benefits to specified employee groups. These benefits include pension, health care benefits, dental benefits, future paid sick leave benefits, retirement gratuity, workers' compensation and long-term disability benefits. The Municipa1i has adopted the following policies with respect to accounting for these employee benefits: (1) The costs of self-insured retirement and &her employee future benefit plans are actuarially determined ,using management's best estimate of salary escalation, accumulatedgic• days dii`ing employment and at retirement, insurance and health'care,cost trends,'di dbifity recovery rates, long-term inflation rates lln . discdunt rates. The cost of retirement gratuities are actuarially dete{iiiunedusing the employee's salary, banked sick days and years of ,service anSanagement's best estimate of discount rates. Any actuarial ga nj and loss rising from changes to the discount rate are amortized over tliexpected'at,efage remaining service life of the employee group. See note 10 for changes to the accumulated sick leave plan. , For self -ins* and other employee future benefits that vest or accumulate over:the periods of service provided by the employees, such as health 'Gare benefits for efetirees or retirement gratuities, the cost is actuarially ''determutad.lEuSing projected benefits method prorated on service. Unddc?this method, the benefit costs are recognized over the ezpected;Average aervice life of the employee group. or those "seg insured benefit obligations that arise from specific events that occur ' rom time to time, such as obligations for workers' c` m,,pensatiorl, long-term disability and life insurance and health care be sftts for hose on disability leave, the cost is recognized immediately in the p§rigd the events occur. Any actuarial gains and losses that are relatedko these benefits are recognized immediately in the period they arise. (2) The costs of multi-employer defined pension plan benefits, such as the Ontario Municipal Employees Retirement System pensions, are the employer's contributions due to the plan in the period. The costs of insured benefits are the employer's portion of insurance premiums owed for coverage of employees during the period. (3) crawford smith a& swallow 11 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 1. Significant Accounting Policies - continued (x) Use of estimates The preparation of the financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during reporting periods. Actual results could differ from those estimates. 2. Change in Accounting Policies The Municipality has implemented Canadian public seeto•accouriting board section PS3260 liability for contaminated sites. PS3260 requires governrments to feeprd a liability in their financial statements if they have a contaminated site that 'Fleets the requirements set out in the standard. The standard defines contaminatiota �>therivjtrroduction''into air, soil, water or sediment of a chemical, organic or radioactive material or live organism that exceeds an environmental standard. The standard generally applies to sites that are not in productive use. Sites that are in productive use e or*Nily consid� ed, contaminated if there was an unexpected event that resulted in contaminatitea This change has been applied retroactively without the restatement of prior periods. Ifheads"option of this standard did not have an " =e impact on the Municipality's consolidated financial sfie nents. As a result of the Niagara Falts't Holding Corporation adopting International Financial Reporting Standards as desq ibed in!$notes 6''and 12 c), the accumulated surplus and net financial assets for the MuniciPalfty�,As$0;85'4at,;January 1, 2014 were restated from $ 766,315,469 to $ 766,758,909 and $ 80,410,93b�.to ,370 respectively. 3.Operations of SchoyI-Boards and of Region of Niagara Further to note i.�a)(iii), the taegtion tther revenues, expenses and overlevies of the school ham. boards and the Region of Niagarare comprised of the following: School Boards Region 2015 2014 2015 2014 $ $ $ $ Taxation and user charges Payments -in -lieu of taxes Amounts received or 40,204,282 40,044,321 73,619,323 71,332,140 691 710 3,469,024 3,480,801 receivable 40,204,973 40,045,031 77,088,347 74,812,941 Requisitions 40,204,973 40,045,031 77,088,347 74,812,941 Overlevies (Underlevies) at the end of year I2 crawfoni smith 6& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 4. Investments Investments have a book value of $ 26,888,545 ($ 24,612,059 - 2014) and a market value of $ 26,891,034 ($ 24,680,581 - 2014). 5. Tax Receivables and Revenues Property tax billings are prepared by the Municipality based on:,an assessment roll issued by the Municipal Property Assessment Corporation ("MPAC°,)=and in accordance with the provisions of the Municipal Act, 2001. Tax rates are ,esabhshed annually by Council, incorporating amounts to be raised for local services anft amounts the Municipality is required to collect on behalf of the Province of Ontario in respecnof education taxes. A normal part of the assessment process is the issuof supplementai assessment rolls which provide updated information with respect to c'anges. in property assessment. Once a supplementary assessment roll is received, the unicipaitr determines the taxes applicable and renders supplementary tax billings. Assessment and the related property taxese.subject tot pycal. Tax adjustments as a result V of appeal are recorded when the result tethe appea1y-'process is known or based on management's best estimate. v Y, The property tax receivables, tax'tedenuc and accounts payable and accrued liabilities of the Municipality are subject toaneasurement uncertainty as a significant number of appeals submitted by ratepayers have.tyet to,,be heard' The taxes receivable balance, including penalties and interest, are net of an altdwancs`tor doubtful accounts of $ 920,000 ($ 920,000 - 2014) The Province of Oiitano ins i pted a `Mandatory capping program through the provisions of Bill 79, which Iirnited assessment related increases to 10% in 1998, and an additional 5% in each of 1999 and's2000. Multi -residential, commercial and industrial property owners experiencing decreages, were a1s'o capped at appropriate levels to fund the phasing -in of increases. The Provinc ;has erjdcted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. TReilegislation limits assessment related increases in property tax bills to 5%. 13 Crawford smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 6. Investment in Niagara Falls Hydro Holding Corporation Statement of Financial Position Current assets Capital assets Other assets Regulatory assets 2015 4M35,765 35,765 13$54,856 2,1,423,518 °,54,596 qfc 250 735 Total Assets 2014 (as restated) 47,138,308 148,664,625 4,317,948 13,529,967 213,650,848 Current liabilities Other liabilities Note payable - see below Long-term debt Non -controlling interest - see below Regulatory liabilities Total Liabilities and Other 28,723, ` 28,858,2 2 22,000,000 34,441,572 31,724,291 ^" 6,741,017 26,518,746 18,995,341 22,000,000 33,724,570 17,639,827 17,792,683 162,488,623 136,671,167 Net Assets 87,580,112 76,979,681 G nm, Statement of Comprehensive ncomej Revenues Operating expenses 188,806,323 165,819,025 175,810,454 164,453,204 Net income before r nlatprjnaccoriiiting¢change Regulatory debit apcountmg o ange ui$ er CGAAP Net income befdt` eon-controll#dg interest Non -controlling rote t - see beI'ow 12,995,869 (623,707) 1,365,821 1,275,069 12,372,162 1,277,131 2,640,890 591,490 Net income %W Net dividends j,�,, _,.; Net Comprehensive Income 11,095,031 (494,600) 10,600,431 2,049,400 (520,191) 1,529,209 Niagara Falls Hydro Holding Company ("NFHHC") adopted International Financial Reporting Standards ("IFRS") on January 1, 2015 with a transition date of January 1, 2014. These standards were applied retrospectively to the comparative information including the consolidated statements of financial position as at January 1, 2014 and December 31, 2014, and the consolidated statements of comprehensive income, changes in equity and cash flows for the year ended December 31, 2014. 14 crawfonl smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 6. Investment in Niagara Falls Hydro Holding Corporation - continued In preparing its opening IFRS consolidated statement of financial position, NFHHC has adjusted amounts previously reported in accordance with Canadian generally accepted accounting principles. The major areas of restatement involved the company's investment in Niagara Peninsula Energy Inc., property, plant and equipment and deferred payments in lieu of corporate income taxes. For a more detailed explanation of the above changes please refer to the audited consolidated financial statements of NFHHC. Total assets of NFHHC, as previously reported, inc;erased from $ 181,018,617 to $ 213,650,848, total liabilities increased from $ 106,011,5&S" q �$ 136,671,167 and net assets increased from $ 75,007,032 to $ 76,979,681. In addition, revebues as previously reported, increased from $ 160,197,422 to $ 165,819,025, expenees'and other charges increased from $ 159,233,629 to $ 164,289,816 and net comprehepkive income in'Saseil from $ 963,793 to $ 1,529,209. On January 1, 2008, Niagara Falls Hydro Inc au:llire:Peninsula est Utilities Limited by way of amalgamation pursuant to a Merger Agr4i ent dated December 19, 2007 and continued on as Niagara Peninsula Energy Inc. ("NPI"). Niagara Falls Hydro Holding Corporation received 74.5% of the issued autstandmS prnmon shares of NPEI. The $ 22,000,000 note payable is unsecured afflis due to the Corporation of the City of Niagara Falls, Ontario bearing interest at 5!2°/a"dtie_April, 2020. To date, NPEI has not received any notice requiring the,immediate red'emptign of the note payable. 7. Credit Facilities The Municipality has an authorized operating loan due on demand of $ 21,000,000 ("Facility #1") bearing interest at prime less 0 5°/ is assist with general operating requirements and to finance current expenditurea. A' otedit facility of $ 2,000,000 ("Facility #2") related to commercial cards &/or Scotia VISA business cards whose availment and interest rate are per u cardholder agreegent. An autkiorizedrevolving term loan due on demand of $ 1,000,000 ("Facility #3") ltekriMg interest%at prime less 0.25% to assist in financing the Community Improvement Program: As at December 31, 2015, nil has been drawn on Facilities #1, #2 and #3. All credit fa`ilities axe secured by a borrowing by-law/resolution(s) containing a pledge of revenues and ateneral security agreement. 15 crawfoal smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 8. Deferred Revenue - Obligatory Reserve Funds The following balances are reflected as deferred revenue - obligatory reserve funds as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. 2% Parkland dedication Public purpose Federal gas tax rebate - transit Provincial gas tax rebate - transit Discounted development charges Non -discounted develo . ment chart es 2015 2014 $ $ .,3,922 1,261,829 860,322 565,461 753,537 7,485,847 1,015 900,324 217 2,661,406 2 ; 12 381,876 5 25,256,743 9. Deferred Revenue Deferred revenue includes $ 5,752,500 re d to a �34y year lease for space agreement between the Municipality and Metrolinx as aT „of the WJK O bus program. The City must notify Metrolinx in writing, if at any time urtxta penod of thirty years from the date of completion for the WEGO bus storage andVaMande facility, the City proposes to sell, lease, encumber or use assets ir}_a neer oththandescribed in the agreement or otherwise dispose directly or indirectb,�ory, part \Qf the facility constructed, rehabilitated or improved. The City is liable4vepaea propohythate amount of $ 5,900,000 contributed by Metrolinx. The liability is ree‘cec, 3�, 3°,o,.get annum up to thirty years after the date of completion, that being April, 20 IAltefnatiively, Metrolinx has the first right of refusal to purchase the facility y4 all:bn reed up.amount. 16 crawford smith Cdr, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 10. Post -Employment Benefits 2015 2014 $ $ Post -employment benefits 19,134,876 18,779,794 Long-term disability 180,501 120,774 Accumulated sick leave 2,790,905 4,584,147 WSIB - Schedule II future liability ,12,336 5,178,712 Vacation pay ,1,440,906 1,488,142 8,,859,524 30,151,569 Post -Employment Benefits The Municipality pays certain medical, dental and life, insurance benefits on behalf of its retired employees. The Municipality recognizes='t'hese post-retirement costs in the period in which the employees render the services. R4;�r 5I As a result of actuarial valuations on pogt-employment benefits, it was determined that an actuarial gain of $ 4,578,348 existed. This„amount tflbeing amortized over the expected average remainingservice lives of severa i, , g '),��m�loyee groups. The unamortized value is $ 3,347,745. The actual obligation is $ 15,787,f32.., �� .a•:w As a result of actuarial valuations on long -taw disability benefits, it was determined that an actuarial loss of $ 446,485 existed:`, This ainount is being amortized over the expected average remaining service lines of‘,geveral ethployee groups. The unamortized value is $ 279,053. The actual obhgatio is $.459,554. The liabilities for post -employment beY'efits as reflected in these consolidated financial statements have been ,determined on. an actuarial basis using a discount rate of 5% and an inflation rate of 2%.'• ' Accumulated Sick ,eave The Municipality p oViously allowed for the accumulation of sick days for certain groups of employees hired aflerspecified dates up to an allowable maximum provided in their employment agreementS;Acciimulated credits could have been used in future years to the extent that the duration``'the employee's illness or injury exceeded the current year's allocation of credits. The' use of accumulated sick days for sick leave compensation ceases on termination of employment. Effective December 31, 2015, the accumulated sick leave plans that previously existed is no longer available to CUPE employees and replaced by a new non -accumulating sick leave plan. The changes to the Municipality's accumulated sick leave plan resulted in a one-time decrease to the Municipality's obligation of $ 1,821,663 and a corresponding curtailment gain was reported in the "Consolidated Statements of Operations and Accumulated Surplus" as at December 31, 2015. As a result of actuarial valuations on the accumulated sick leave liability, it was determined that an actuarial loss of $ 1,388,426 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 1,272,724. The actual obligation is $ 4,063,629. 17 crawford smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 10. Post -Employment Benefits - continued Accumulated Sick Leave - continued A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2015 is $ 1,384,666 ($ 1,352,615 - 2014). The liabilities for accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a ;d;>jscount rate of 4.5% and an inflation rate of 2%. Workplace Safety and Insurance Board - Schedule II FutgF LTa ility The Municipality has elected to be treated as a ScheduleI emploer and as such, is required to remit payments to the Workplace Safety and Insurdk e Boardit ASIB") to fund disability payments. The liability as reflected in these co'solidated finait statements has been determined on an actuarial basis using a discounts ate of '4.5% and an ktation rate of 2%. As a result of an actuarial valuation on the WSBta.Sok t1ule II liability, it was determined that an actuarial loss of $ 3,183,103 existed. Tliamount is being amortized over the expected average remaining service lives diseveral emoyee groups. The unamortized value is $ 2,265,027. The actual obligation is $ 71363. A reserve fund has been established for thisablye The alance as at December 31, 2015 is • $ 1,058,587 ($ 921,791 - 2014). •-a° The next valuation for all benefitkgrn.qups is forthe year ending December 31, 2017. Vacation Pay '_; Cal w.> • As a result of an actuanal valuap6rl:cp thee accumulated vacation pay liability, it was determined that an actuarial gaiil*$ 887;927 existed. This amount is being amortized over the expected average.Tezkraining seivice lives of several employee groups. The unamortized value is $ 665,506.,,'/The actdalsobhgat(ottis $ 775,400. Pension Agreement t The Municipality ii es contributions to the Ontario Municipal Employees Retirement System ("OMERS"),'.h,ch is multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which8sp�e fies the amount of the retirement benefit to be received by the employees based on the lath of service and rates of pay. The Administration Corporation Board of Directors, repre§enting plan members and employers, is responsible for overseeing the management of the pension plan, including investment of the assets and administration of the benefits. OMERS provides pension services to approximately 450,000 active and retired members and approximately 1,000 employers. Each year an independent actuary determines the funding status of OMERS Primary Pension Plan ("the Plan") by comparing the actuarial value of invested assets to the estimated present value of all pension benefits that members have earned to date. The Plan is a multi-employer plan, any pension plan surpluses or deficits are a joint responsibility of Ontario municipal organizations and their employees. As a result, the Municipality does not recognize any share of the OMERS pension surplus or deficit. 18 crawford smith aQ, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 10. Post -Employment Benefits - continued Pension Agreements - continued The amount contributed to OMERS for 2015 was $ 4,485,570 ($ 4,689,060 - 2014) for current services and is included as an expense on the "Consolidated Statement of Operations". On January 1, 2015, the yearly maximum pension earnings4increased to $ 53,600 from $ 52,500 in 2014. The contributions are calculated at a rate fff9% •(9% - 2014) for amounts up to the yearly maximum pension earnings stated above OK at a rate of 14.6% (14.6% - 2014) for amounts above the yearly maximum pension earmgst,$g,, 11. Net Long -Term Liabilities (a) The balance of net long-term liabilities rep$ Financial Position" is made up as follows: Total long-term liabilities incurred by tlie Municipality including those incurred o€b half of school boards, other municipalities and r rutlicipal enterprises bearing interest at annual rate$ ranging from 1.95% to 535%and outsta4 in, during the year is ed on the "Consdfidated Statement of 2015 2014 $ $ 57,746,684 62,503,603 Net long-term liabilities, end of year 57,746,684 62,503,603 (b) Of the net long-term liabilitie5 reportedin (a) of this note, principal payments are due as follows: (c) 2016 4,737,604 2017 3,634,161 2018 3,394,183 2019 3,509,431 2020 3,265,281 Thereafter 39,206,024 The long-term liabilities in (a) issued in the name of the municipality have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Interest charges of $ 2,763,289 ($ 3,014,238 - 2014) are included on the "Consolidated Statement of Operations and Accumulated Surplus", classified under the appropriate functional expense heading. 19 crawford smith C&Z swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 12. Accumulated Surplus Invested in tangible capital assets Operating fund Reserves and reserve funds Niagara Falls Hydro Holding Corporation net equity 2015 707,287,622 9,712,659 61386,222 145$0,112 7,966,615 2014 696,714,320 8,552,039 56,092,171 98,979,681 860,338,211 Amount to be recovered - post -employment benefits Amount to be recovered - net long-term liabilities t. (28 4,9,524) (57,.4364) (86,60 81 (30,151,569) (62,476,963) (92,628,532) 801,364,727 767,709,679 (a) Operating fund balance For general reduction of taxation For general reduction of- user charg4s respecting waterworks,' , 1 For general reduction of trier charges respecting sewers -;?4,,,T_ For general use by the_parking fbpd For general use,* Libtai,Board ,x For general;±i(se by thenBusinesst' Improvement Areas d`e . y19 ej For general use hy,Airport Onmmission 2015 1,491,330 1,017,835 1,793,961 2,030 775,161 4,606,878 25,464 2014 1,368,383 960,822 1,759,362 (1,761) 688,205 3,754,319 22,709 9,712,659 8,552,039 (b) Reserves and reserve fXtid balances Reserves set aside by council for specific purposes: Special purposes Working capital Water capital Sewage capital 2015 2014 36,384,064 33,056,254 265,000 265,000 2,338,363 1,833,363 3,131,103 2,071,103 Total Reserves 42,118,530 37,225,720 20 crawford smith 2. swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 12. Accumulated Surplus - continued (b) Reserves and reserve fund balances - continued Reserve Funds set aside by council for specific purposes: Licence agreements - 40 years 15,102 19,320 Sick leave liability 13$4,666 1,352,615 WSIB - Schedule II a 1,058,587 921,791 Recreation trail development `fix 84,381 82,451 Capital/Operations - see note 14 89,392 6,659,488 Tree planting - developers ,, ',580 73,849 Park developments 241 Sewer and water impost r 1,554, --' 9 1,518,590 Expansion and renewal 269,678 263,492 Drainage Rn 734,558 717,731 Prepaid works projects contribution 236,137 230,674 Sidewalk construction �'y. s,a 36,776 35,953 Future municipal works n, 712,442 695,949 Lot drainage 189,042 184,676 Library funds "'':k 905,286 841,342 Sanitary459,526 448,931 Sports fund j 5,307 5,246 Projects - special needs children 17,314 16,966 Parking 126,896 75,332 Coat of Arm's . 2,445 2,416 Lundy's Lane°businessimproV,ement purposes 117,056 117,056 Board of Museum purposes " 4,213 21,455 NiagaraTunnel Community Improvement 320,990 202,672 Water patrol boat 19,811 19,363 Branscombe Family Grant 3,982 3,949 Fire departmentYadios^debenture 9,544 19,097 Fire department aeria'l'firetruck debenture 32,138 62,648 Niagara Sports Foundation 302 302 Chippawa Arena debenture surplus 13,651 19,612 FMC/Visitor Transportation System 4,226,317 4,178,503 Kalar Park turf debenture surplus 61,823 74,741 2015 2014 $ $ Total Reserve Funds 19,267,692 18,866,451 Total Reserves and Reserve Funds 61,386,222 56,092,171 21 crawford smith 6& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 12. Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity 2015 2014 Balance, beginning of year as previously reported 980438,871 97,007,032 4 44 Changes related to adoption of International Financial Reporting Standards - notes 2 and 6 Balance, beginning of year as restated Net comprehensive income Balance, end of year 40,810 443,440 98,9' 10,60 81 97,450,472 1,529,209 109,580;112 98,979,681 As disclosed in note 6, the comparative revenues expenses and net comprehensive income figures were restated due to The, adoptioritof International Financial Reporting rtte ,4 Standards (IFRS ).F 13. Trust Funds Trust funds administered by the Mt"nicipality amounting to $ 3,496,859 ($ 3,409,231 - 2014) have not been included m theCConsc hdated Statement of Financial Position" nor have their operations been included the "Cn ain�sohdatecPStatement of Operations and Accumulated Surplus". 14. Contractual Obligatipntand-Commitments Capital Expenditures The estimated future;caprtal expenditures based on projects in progress at December 31, 2015 is approximatei}4$ ($ 43457,344 - 2014) after deducting the expenditures incurred as at December 31, 2015't'Theseprojects will be financed by grants, subsidies and long-term liabilities in future years. International Railway Bridge The Municipality, as a condition of the purchase of the CN/CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by December 2016. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN/CP prior to December 2016. The Municipality has set aside a reserve fund (Capital/Operations) amount of $ 4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN/CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100,000 on an annual basis until December 2016. 22 crawford smith M. swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 15. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: 2015 2014 $ $ Niagara District Airport Commission ,205,273 196,658 a.n 4 The Municipality's share of the net assets of the Niagara' istrict Airport Commission is approximately 36%. 16. Contingent Liabilities Legal As at December 31, 2015, the Municipality has'o rtam ether legal claims outstanding. It is management's assertion that adequate defences andlinpranbe coverages are in effect for the settlement of these claims, if necessary. m x Niagara Convention & Civic Centre Inc. (''scoiabank C"�npention Centre") The City must notify the Government of Canada' and the I5fovince of Ontario in writing, if at any time during a period of twenty five yearshfrom thetdate of completion of the Scotiabank Convention Centre, that being; April 2011, the City proposes to sell, lease, encumber or otherwise dispose directly or,gindireetly, of any part of the Scotiabank Convention Centre. r The City is contingently I1ate for a proportionate amount of funds in the amount of $ 70,000,000 contributed equatby the, Government of Canada and the Province of Ontario. The contingent liability is reduce"tL=4% Pet'annum up to twenty five years after the date of completion. People Mover PropctNisitoi Ttanspoxfation System ("WEGO") The City must notr.,the Government of Canada and the Province of Ontario in writing, if at any time during a petikd of twenty five years from the date of completion for fixed assets and ten years for non-fut asset# of the WEGO system, the City proposes to sell, lease, encumber or use asseteiin other than described in the agreement or otherwise dispose directly or indirely, of any part of the fixed or non -fixed assets purchased, constructed, rehabilitated /or improved. The City is contingently liable for a proportionate amount of $ 50,000,000 contributed equally in total by the Government of Canada and the Province of Ontario. For fixed assets, the contingent liability is reduced 4% per annum up to twenty five years after the date of completion, that being April, 2015. For non -fixed assets, the contingent liability is reduced by 10% per annum up to ten years after the date of completion, that being August, 2012. 23 crawford smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 17. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government The mandate of this functional area is to provide political, governance, administrative executive management and those expenses and revenues which 'are corporate in nature and cannot be easily apportioned to other departments. R,,e,f�arted in this functional area are departments such as Council, Clerks, CAO, Finance ,human Resources, Legal, oft Information Systems and Capital Assets. L Protection ,v. V Reported in this functional area are Fire and?Buildipg Services'.+' The mandate of Fire Services is to provide emergency services th"righ a Oge of services to protect the lives and property of the inhabitants of the Municipali$y `fhe mandate of Building Services is to inform and assist customers to ensure safe "an orderly development and provide efficient delivery of building approvals, ections a i , nmanagement systems. Transportation Reported in this functional area are Road&aqd ,orks`'and Transit Services. The mandate for Roads and Works is to prgv de qualityyxoad *traffic maintenance and operations to the residents and businessesyd1'tl$ Municijahty. "'This area is also responsible for winter control. The mandate oMllte Trar sjt is to *Ode a safe, reliable, convenient and efficient public transportation system ', thin„the urbaprarea. Reported in this fntetional,area are Sanitary, Storm and Water Systems. The mandate is to provide a safff''and reihl4 water jesource system and is responsible for the maintenance and operation tithe systems;and monitoring and administering environmental programs. Health Reported in this area,,is Cenietery Services. The mandate is to ensure the benefit and protection of each citizen who has purchased or has an interest in internment rights within each cemetery. Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks department is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture departments are responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. Environment 24 crawford smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2015 17. Segmented Reporting - continued Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development department is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenues and expenses represent.tbbih amounts that are directly attributable to the segment and amounts that are allocated, on a reasonable basis. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements. See note t18 for a discussion on the budgeted figures provided. 18. Budget Figures The approved operating budget for 2015 is retie Sted oit&the "Consolidated Statement of Operations and Accumulated Surplus". These riiii$ hers have not been audited but are presented for information purposes only. '?he budgetsstabhshed for capital finds, reserves and reserve funds are on a project-orientecasis, the cdsts of which may be carried out over one or moreears. As such, theyn t r y are � c'iuectly coMparable with current year actual amounts and have not been reflected. Budg@t Sges have been reclassified to comply with ?.i PSAB reporting requirements. 19. Comparative Figures Certain of the comparative figures" have_ been reclassified to conform with the financial statement presentation adopted fd� the cnii`ent year. 25 crawford smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2015 Revenues Taxation User fees and charges Government grants Other Government business enterprise Loss on disposal of tangible capital assets General Goverrment 2015 Budget General Government 2015 Actual 66,864,280 67,247,115 922,000 680,273 1,250,500 2,471,651 26,875,600 29,772,962 - 10,600,431 General Government 2014 Acetal 64,946,366 690,633 2,244,900 29,563,475 1,529,209 (1) Protection 2015 Budget Protection 2015 Actual $ Protection 2014 Actual Transportation Transportation Transportation 2015 Budget $ 1,523,500 2,205,848 1,844,904 4,74- 8,010 W64,686 56,0071" -22- 11,905 2.0g.'80$4,4,314 3_ fi. 2015 2014 Actual Actual $na'.. 31,961 37,097 Environment 2015 Budget 4,056,072 41,032,352 8,229,766 - 5,787,598 365,000 (285,809) Environment Environment 2015 2014 Actual Actual 42,573,465 34,68- 0,947 967 1,110 4,895,228 3,176,486 (48,598) (252,134) Expenditures Salaries and wages Operating materials and supplies Contracted services Rents and financial expenses Interfunctional transfer External transfer Amortization Debt service 95,912,380 110,772,432 98,974,582 1,523,500 2,237,809 1,882Z0'EtS 7,70,883 12,393415 17,787,627 41,397,352 47,421,062 37,606,409 la 9,379,547 9,962,965 17,660,049 r, 18,296,989' ? 7,835N86 4,673,433 8,102,579 103,719 . 1 055,239 o- wri7,342,477 1,538,053 1,482,910 4,787,287 832,515 .4,254,269 230,367 187,841 274,034 293,545221,716 (5,089,504) (4,154,373) 1,621,937 '1x4,935 1$99 119 M'1 29,494 8,688 � „s�. 823,724 1,046,496 ;'3 985,225 4IS42A3 09 - 13,343 21,426 .164646 +' 145,467 Pr 1790040. 81,754 11,598,457 16,658,532 1081049 X5,577,718 1 26,696,65( 31,935,321 Annual Surplus (Deficit) See accompanying notes 10,026,136 5,984,432 950,730 181,000 (4,685,288) 16,000 17,260 12,490,270 18,569,321 862,049 4,783,408 188,808 1,246,717 17,33¢451 7,043,142 4,005,694 256,324 2,287,051 9,798,893 66,491 40,788,046 17,238,166 3,952,458 3,680,906 3,809,131 8,814,636 1,230,039 1,379,824 1,178,608 15,523,716 26,855,631 27,923,075 25,724,425 141,901 328,500 232,560 259,362 2,109,046 552,258 541,825 501,744 9,666,062 - 7,282,776 7,342,137 100,763 482,375 468,908 510,583 53,594,290 33,401,261 41,509,874 39,325,990 83,422,110 99,173,975 82,316,050 (24,2877449) 03,339,909) x,(24,814',"653) (24,165,438) (28,392,331) (35,806,663) 7,996,091 5,911,188 (1,719,581) �_, crawfonl smith C& swallow 26 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2015 Revenues Taxation User fees and charges Government grants Other Government business enterprise Loss on disposal of tangible capital assets Hearth 2015 Budget 417,500 290,000 Health 2015 Actual 662,447 42,700 304,731 707,500 1,009,878 Health 2014 Actual Expenditures Salaries and wages Operating materials and supplies Contracted services Rents and financial expenses Interfunctional transfer External transfer Amortization Debt service Annual Surplus (Deficit) See accompanying notes 613,849 42,696 329,395 Recreation/ Culture 2015 Budget 5,995,104 212,162 730,660 Recreation/ Culture 2015 Actual 5,986,976 270,721 2,301,920 Recreation/ Culture 2014 Actual 5,662,477 1,142,333 2,137,998 Planning/ Planning/ Development Development 2015 2015 Budget Actual (605,337) - 2,330,244 161,000 145,84¢:x: 15,0V6hi t:44 68,757 yd 32,524 _fX74,476) 985,940 6,937,926 8,559,617 8,337,49/S,2,02,088 8,103,633 8,088,353M 1 tieg034 7,573,530 5,129,225 Vi 177,130 1,088,317 1,000,630 �r_ 851,831 465,895 90,777 fa, 20,260 2,786£847 757,404 156,900,629 185,153,080 166,331,434 1,511,681 1,482,659 1,426,832 8,473,565 5 1,75444 1,777,588 62,246,781 59,393,789 60,600,024 279,811 253,941 300,602 7,981,853 131408 117,701 23,858,391 21,158,997 24,698,590 554,447 511,453 697,237 1,107,147 0 , 1,372,806 1,023,666 39,357,463 41,226,685 50,285,099 35,452 38,191 32,558 195,666 178,293 t< a 197,349 1�,.,, 137,225 Planning/ Development 2014 Actual 349,694 226,190 191,566 (482) (10,046) Total 2015 Budget 69,194,524 54,799,474 1,664,506 31,242,125 Total Total 2015 2014 Actual Actual 69,577,359 64,946,366 56,542,452 47,898,576 5,430,468 11,886,995 43,176,640 41,223,615 10,600,431 1,529,209 (174,270) (1,153,327) 149,350 128,912 1,288,367 1,359,119 1,241,468 165,697 153,511 122,068 501,237 19,285 15,803 - - - 50,000 50,000 50,000 8,946 8,946 ' 946 �;`36�244 1,534,063 1,361,815 2,405,190 1,622,503 1,429,449 - 75,131 73,418 - _H._ 4,921,460 q .41.. 86,441 86,441 573,569 - 23,973,650 24,111,796 - 2,112ai14s,2,069,080 N ,62•;21, 2,854,476 2,763,289 3,014,238 2,597,088 2,564,886 2,702,715 204'$0.855 1414,409,154 V21,403 Tar 5,394,924 5,049,897 4,999,054 132,010,668 151498,032 165,380,664 (1,889,588) (1,555,008) (1,716,775) (19,431929) x`75,849,537) ill (13,065,98) (2,742,836) (2,293,330) (4,241,650) 24,889,961 33,655,048 950,770 crawlorcl smith C& swallow 27 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2015 Balance, Beginning of Year Cost Additions Disposals Accumulated Amortization Balance, Balance, End of Beginning of Year Year Amortization Disposals Balance, End of Year Net Book Value General Land Land improvements Buildings Furniture and equipment Vehicles 20,732,258 21,731,807 155,441,651 30,419,926 54,985,828 $ 695,617 1,458,131 20,540,726 3,221,089 1,877,447 $ 90,151 910,103 805,324 2,047,087 21,337,724 23,189,938 175,072,274 32,835,691 54,816,188 6,451,059,1. 26,074,645 11„'36,619 49,10,976';.:. Infrastructure Environmental Roads Water 283,311,470 27,793,010 3,852,665 307,251,815 $ $ $ 834% 7 90,151 3,472AV, 910,103 3,335,00t 804,839 4,241,606 1,983,651 72;x394 11,883,875;r 3,788,744 428,047,696 4,129,852 430,817 431,746,7 200,505,218 7,285,952 607,966 207,183,24 117,139,631 1,241,874 274,005 118,107,503 745,692,545 12,657,678 1,31,+7$ld,, iii s;7 757,037,431 150,80 zn07 103,9438 44,218,22f` X8,969,•571 5,564,709 4,863,259 1,661,807 12,089,775 21,337,724 7,195,205 15,994,733 28, 636, 882 146,435,392 13,767,462 19,068,229 31,468,981 23,347,207 81,068,530 226,183,285 413,126 155,954,090 275,792,641 546,211 108,265,886 98,917,318 243,097 45,636,936 72,470,564 1,202,434 309,856,912 -447,180,523 Work in Progress December 31, 2015 33,279,911 28,936,083 407620p21 E'' 22,187,673 .i 1,062,283,926 69,386,771..... 451931%4t 86 476 9Zr 371,942,970 22,187,673 23,973,650 4,991,178 390,925,442 695,551,481 See accompanying notes crawford smith C& swallow 28 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2015 Cost Balance, Beginning of Year Additions Disposals Balance, Balance, End of Beginning of Year Year Accumulated Amortization Amortization Disposals Balance, End of Year Net Book Value General Land Land improvements Buildings Furniture and equipment Vehicles 17,725,165 18,541,093 154,757,781 25,584,817 53,876,001 3,096,029 3,190,714 3,140,185 5,989,976 1,527,688 88,936 20,732,258 21,731,807 2,456,315 155,441,651 1,154,867 30,419,926 417,861 54,985,828 270,484,857 16,944,592 4,117,979 283,311,470 5,496,789..1 24,95]410in 934517,387 R „ 350,498 6411,7 954270 3,063,4;9 1,939,912 3,263 22/ 1,144,045 4,278,3»%.. 417,861 20,732,258 6,451,059 15,280,748 26,074,745 129,366,906 11,236, 619 19,183,307 29,210,976 25,774,852 11,559 43M " 3,501,818 72,973,399 210,338,071 Infrastructure Environmental Roads Water 417,379,670 12,851,956 2,183,930 183,018,942 19,358,096 1,871,820 111,021 958 7,174,919 1,057,246 711,420,570 39384,971 5,112,996 428,047,61At,, 147,3377 200,505,28""' 100,207,Q3s.2 117,139,41 n s -,43,274,8 S, }° 1 745,692,5p 0819,2 4 5,507,713 2,042,563 150,802,507 277,245,189 5,268,574 1,526,768 103,948,838 96,556,380 1,776,074 832,723 44,218,226 72,921,405 12,552,361 4,402,054 298,969,571 446,722,974 Work in Progress December 31, 2014 See accompanying notes 57,589,356 40,921,485 65,23%930 97,251,048 74461405 1,039,494,783 33,279,9:1 862,283,91r 355,735,046 crawford smith (& swallow 33,279,911 24,111,796 7,903,872 371,942,970 690,340,956 29 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls, Ontario L2E 2M2 Telephone (9051 356.4200 Telecopier (905) 3563410 Offices in: Niagara Falls, Ontario 51. Catharines, Ontario Forl Erie, Ontario Niagara-or,-Ihe-Lake. Ontario Part Colborne, Ontario crawford INDEPENDENT AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying financial statements;of thestrust funds h fie Corporation of the City of Niagara Falls, Ontario, which comprise the stat'ement of financial position as at December 31, 2015 and the statement of financial activities and sta get iin fund balances for the year then ended and a summary of significant accounting policies andv her explanatory information. •Management's Responsibility for the Financial Sbt tnents ,te Tr Management is responsible for the preparation and t resentaf on of these financial statements in accordance with Canadian public sector accountifa grsandards, and for such internal control as A > ;a' management determines is necessary xo nable the O eparatron of financial statements that are free from material misstatement, whether4due #naud or error.' Auditors' Responsibility Our responsibility is to express an opinion on Phew financial statements based on our audit. We conducted our audit in accordance wit1*;Canadian generally accepted auditing standards. Those standards require that v� '�compl1''w th etl cdl requirements and plan and perform the audit to obtain reasonable assonance about Yi\vhether the financial statements are free from material misstatement• . =.yA pY An audit involves perform a prodcedures to obtain audit evidence about the amounts and disclosures in the financial stat*wils. The procedures selected depend on the auditors' judgment, including the assessment of the ri ks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 30 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the trust funds of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2015 and the continuity of trust funds for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario September XX, 2016 CRAWFb 1.- SMITH AND SWALLOW CHARTERED A,,COUNTANTS LLP i LIGE�ISED PUBLicACCOUNTANTS 31 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31, 2015 Cemetery Perpetual Total Care Other $ $ $ Assets Cash 350,699 334,938 15,761 Investments - note 2 Federal 1,218 252 1,218,252'. Provincial 1,051,183 1,051 1 3 a Corporate 923,124 921,924 1,200 3,192,559 3191,359 X1;120» Due from Municipality operating fund 1,991 L991 3,545,249 3;2297 18,952 Liabilities and Fund Balances Due to Municipality operating fund Fund balances 48,390 W "8,390 3126,859 1L 3,477,907 18,952 545 249x'33,526,297 18,952 See accompanying notes crawford smith Gat swallow 32 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2015 Balance, Beginning of Year Cemetery Perpetual Total Care $ $ 3,409,231 3,387,897 Other 21,334 Receipts Cemetery lot receipts Interest Land sale deposits 91,335 142,191 22,500 138,398 }4 , 3,793 ;4-22,500 256,026 7-229' 733 +ti:1a 2:6;2,9,3 Expenditures Bank charges Cemetery care Transfer to operating fund 2,538 139,723 26,1ty 139723 2,538 26,137 r� 168,39$, 7=: 139,723 28,675 Balance, End of Year 3,496,859` • -, 7907 18,952 See accompanying notes crawford smith C& swallow 33 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2015 1. Significant Accounting Policies The financial statements of the Municipality's trust funds are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada. Basis of accounting Revenues and expenses are reported on the accrual basis ofacepunting. Investments Investments are recorded at cost. 2. Investments Trust fund investments of $ 3,192,559 ($ 3,0804h11 T, 2014) have, market value as at December 31, 2015 of $ 3,308,860 ($ 326025 4014). investments consist of .� Government of Canada treasury bills and crown'ogapdratibn bonds; provincial government bonds; Canadian corporate bonds and Canadian ba ares. 3. Other Trust Funds Trust for land sales Brock University Students' Urion Rigg Estate W. L. Doran Estate Moore Estate McNiven Estate McDonald Estate, s' Woodruff Estate .#"_:. Coulsen Estate Wilson Estate C. J. Doran Estate V crawford smith C& swallow 2015 2014 $ $ 2,382 5,757 5,757 500 500 1,000 1,000 1,200 1,200 500 500 400 400 8,295 8,295 300 300 500 500 500 500 18,952 21,334 34 Niagara,Fais REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2016-35 Monthly Tax Receivables Report — August F-2016-35 September 27, 2016 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 August 31, 2016 were $14.6 million compared to $17.1 million in 2015. During August, tax receivables as a percentage of taxes billed decreased from 36.2% in 2015 to 34.5% in 2016. The City's finance staff has had continued success in resolving properties that are subject to registration for 2016. At this stage, 87.0% of properties have developed payment arrangements or have paid in full. There are currently seventeen 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 August. Table 1 shows that taxes outstanding at August 31, 2016 are $14.6 million. This represents a decrease from $17.1 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. 2 F-2016-35 September 27, 2016 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, 2016, 399 properties were subject to registration. Table 3 summarizes the progress of these actions after eight months of activity. This table shows 87.0% of the tax accounts or 347 properties have been paid in full or the owners have made suitable payment arrangements. During August, eleven accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 85.4% (Jul) to 87.0% (Aug). 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 August, three properties were registered and two registered properties were redeemed. The outstanding taxes for registered properties represents 0.45% 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 August 31, 2016 is 34.5% which is a decrease from 2015's value of 36.2%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at August 31, 2016 Taxes Receivable by Property Class at August 31, 2016 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted• A. Felicetti Todd Harrison. Dire« or,af Finance Ken Todd, Chief Administrative Officer TABLE 1 Outstanding Taxes @ July 31, 2016 $ 16,496,941 $ 18,963,788 Taxes Billed and Due August 31, 2016 23,203,991 $ 22,887,589 Penalty charged in August $ 181,540 $ 200,867 Taxes Collected during August 25,304,095 $ 24,996,382 Outstanding Taxes @ August 31, 2016 $ 14,578,377 $ 17,055,862 Taxes Billed and Due September 30, 2016 $ 24,974,337 $ 24,560,986 Taxes Billed and Due October 31, 2016 $ 23,203,990 $ 22,887,588 Taxes Past to be Collected 62,756,704 $ 64,504,436 TABLE 2 axes Receivable byProperty Class as at August 31, 2016 2016 Taxes Owing % of Class 2015 Taxes Owing % of Class Residential $ 32,034,975 51.05% $ 32,192,577 49.91% Multi -Residential $ 1,979,518 3.15% $ 2,424,998 3.76% Commercial $ 26,686,381 42.52% $ 27,924,376 43.29% Industrial $ 1,928,580 3.07% $ 1,651,577 2.87% Farmlands $ 127,250 0.20% $ 110,908 0.17% Total Receivables $ 62,756,704 100.00% $ 64,504,436 100.00% TABLE 3 Properties Subject to' Registration` s at"July=31,20 Subject'to Registration, as at August 31, 2016 Initial Amount 399 399 Paid in Full 107 118 29.6% Payment Arrangements 234 229 57.4% Ongoing Collection Action 58 52 13.0% Registered 0 0 0.0% 399 399 100.0% TABLE 4 November 2016 3 23,531 May 2017 11 214,727 November 2017 3 $ 42,802 Totals 17 281,060 Niagarafalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2016-36 Municipal Accounts F-2016-36 September 27, 2016 RECOMMENDATION That Council approve the municipal accounts totaling $32,686,031.78 for the period August 5, 2016 to September 8, 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. Recommended by: Todd Harris n, Direct r of Finance Respectfully submitted• Ken T dd, Chief Administrative Officer Page 1 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 101 DELIVERY 1057636 ONTARIO LTD 1340258 ONTARIO INC 1448116 ONTARIO LIMITIED, 1492357 ONTARIO LIMITED 1503647 ONTARIO LIMITED 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND 1578917 ONTARIO LIMITED O/A WILLIAMS' PLUMBING AND 1736194 ONTARIO LIMITED 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 1776415 ONTARIO LTD D/A PURE WATER NIAGARA 1931055 ONTARIO LIMITED 2030688 ONTARIO LTD 2088937 ONTARIO INC 2095527 ONTARIO LTD 2249419 ONTARIO INC 2348441 ONTARIO INC O/A MR QUICK CAR WASH 4 IMPRINT INC 407 ETR EXPRESS TOLL ROUTE 984265 ONTARIO LTD o/a CIRCLE P PAVING A & T ROBERTO A&A EXHAUST SYSTEMS ACCU LOCK AND SECURITY ADMIRAL,REBBECCA L ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC. ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANTAGE R&C MECHANICAL LTD. AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AINSLE,FRANCES AIR CARE SERVICES AIR CARE SERVICES AJ STONE COMPANY LTD AJ STONE COMPANY LTD ALISON'S SPORTS AWARDS & PROMOTIONS ALLEN TREE SERVICE ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC AMALGAMTED TRANSIT UNION #1582 ANGELONE,ANGELO ANTHONY'S EXCAVATING CENTRAL INC ANTUNES,JOAO APPLIED RESEARCH ASSOCIATES INC AQUAM INC ARCHER TRUCK SERVICES LTD ARLETTI,ERIC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ASSOCIATED ENGINEERING (ONT) LTD AUTO LINE TOYOTA O/B 1032447 ONTARIO LTD. BAKER BAKER BANNERMAN,MAJA BARRETT,VICKY BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA HEATIt HEATIt 397127 397656 397515 397657 397658 397128 397299 397046 397659 397047 397310 397516 397129 397660 397517 397661 397518 397662 397311 397520 397519 397312 397675 397313 397664 397315 397048 397049 397665 397316 397130 397666 397317 397667 397050 397051 397668 397318 397669 397052 397319 397670 397320 397053 397300 397131 397671 397321 00038-0001 397322 397323 397132 397672 397673 397054 397055 397056 397133 397324 397674 397521 397057 397327 397058 397523 397328 397059 397329 397676 397060 397677 397309 397308 17 -Aug -2016 07 -Sep -2016 31 -Aug -2016 07 -Sep -2016 07 -Sep -2016 17 -Aug -2016 18 -Aug -2016 11 -Aug -2016 07 -Sep -2016 11 -Aug -2016 24 -Aug -2016 31 -Aug -2016 17 -Aug -2016 07 -Sep -2016 31 -Aug -2016 07 -Sep -2016 31 -Aug -2016 07 -Sep -2016 24 -Aug -2016 31 -Aug -2016 31 -Aug -2016 24 -Aug -2016 07 -Sep -2016 24 -Aug -2016 07 -Sep -2016 24 -Aug -2016 11 -Aug -2016 11 -Aug -2016 07 -Sep -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 24 -Aug -2016 07 -Sep -2016 11 -Aug -2016 11 -Aug -2016 07 -Sep -2016 24 -Aug -2016 07 -Sep -2016 11 -Aug -2016 24 -Aug -2016 07 -Sep -2016 24 -Aug -2016 11 -Aug -2016 18 -Aug -2016 17 -Aug -2016 07 -Sep -2016 24 -Aug -2016 29 -Aug -2016 24 -Aug -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 07 -Sep -2016 11 -Aug -2016 11 -Aug -2016 11 -Aug -2016 17 -Aug -2016 24 -Aug -2016 07 -Sep -2016 31 -Aug -2016 11 -Aug -2016 24 -Aug -2016 11 -Aug -2016 31 -Aug -2016 24 -Aug -2016 11 -Aug -2016 24 -Aug -2016 07 -Sep -2016 11 -Aug -2016 07 -Sep -2016 19 -Aug -2016 19 -Aug -2016 CONTRACT SERVICES REFUND CONTRACT SERVICES - WARREN W REFUND REFUND REFUND MAINTENANCE/REPAIRS CONTRACT SERVICES REFUND MATERIALS SUPPLIES MAINTENANCE/REPAIRS MATERIALS REFUND LEASES AND RENTS REFUND CONTRACT SERVICES REFUND MAINTENANCE/REPAIRS SUPPLIES TRAVEL/MILEAGE CONTRACT SERVICES REFUND MATERIALS MAINTENANCE/REPAIRS REFUND MATERIALS MAINTENANCE/REPAIRS SERVICES MAINTENANCE/REPAIRS SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS REFUND MAINTENANCE/REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE REFUND MAINTENANCE/REPAIRS REFUND CONTRACT SERVICES MATERIALS VEH ID# 680 REFUND MATERIALS CONTRACT SERVICES SUPPLIES SUPPLIES CONSULTING SERVICES MAINTENANCE/REPAIRS MATERIALS STORES/INVENTORY TRAVEL/MILEAGE REFUND MATERIALS MATERIALS MATERIALS MATERIALS UTILITIES SERVICES SERVICES 22.04 4,122.90 588,614.64 1,761.32 8,999.45 1,250.00 280.24 696.13 36.62 25.00 40.00 526.51 540.00 10,246.63 4,614.16 1,817.62 1,423.80 170,609.72 160.46 2,288.74 34.55 73,417.12 4,327.30 783.86 124.30 175.77 4,474.80 395.50 598.90 604.55 900.00 11,711.61 74.58 96.58 108.31 513.46 7,156.27 9,171.09 2,701.99 396.87 1,690.30 558.46 1,656.46 16.95 41,005.44 117.92 444.93 459.17 4,546.66 229.80 17,523.48 2,500.00 3,785.50 590.85 2,470.74 20.00 39.55 655.40 1,015.98 1,169.89 7,266.78 1,139.75 845.27 1,450.38 7.56 185.72 214.34 349.67 1,739.07 280.32 40.51 42.65 63.96 Page 2 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY INC. BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BERGEN,STEPHEN BLACK CREEK METAL INC BMO HOME EXPERTS,C/O B.M OSMAN BMO NATIONAL SERVICES BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBCAT OF HAMILTON LTD BORELLI,MICHAEL BOST TILE LTD BOUGH,MIRIAH BOUNDED HANDMADE NOTEBOOKS JOURNALS ETC. BOURNE,PAUL CHRISTIAN BOWMAN,BLAKE& BOWMAN, GEORGE BOWMAN,LYLIE BROOKE BOYLE,KERRY BOYLE,PEGGY BOYS & GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRINKS CANADA LTD BROCK FORD BULLER,ADAM BURKE,TIMOTHY & RICHARD& GROSSI, JONATHAN BURNS,ROBERT BURT,LORETTA& BURT, IVAN BUSINESS LINK MEDIA GROUP BYERS,SARA C J GLOBAL INVESTMENT LTD CABANA,STEPHEN CABCON CONTRACTING LTD CADEDDU,JENNIFER CALE SYSTEMS INC CAMPBELL,WAYNE CAMPBELL,WAYNE CANADA POST CORPORATION CANADA POST CORPORATION CANADA POST CORPORATION CANADIAN BEARINGS LTD CANADIAN BEARINGS LTD CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PAYROLL ASSOCIATION CANADIAN PORTABLE SERVICES CANAVAN, W ENDY CANCORC INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE CANDELORO,JULIO CANTEC SECURITY SERVICES INC CARLETON UNIFORMS INC CARQUEST CARQUEST CARRICK,MARZENNA CARRICK,MARZENNA CARSWELL CASTLE MECHANICAL CASTLE MECHANICAL CBM N.A. INC CENTENNIAL INFRASTRUCTURE INC CENTRAL COMMUNICATIONS CERVUS EQUIPMENT CERVUS EQUIPMENT CH2M HILL CANADA LTD Cheque No. 397134 397524 397330 397136 397678 397331 397061 397679 397062 397680 397332 397525 397063 397334 397333 397335 397681 397137 397682 397683 397526 397336 397337 397338 397527 397064 397684 397339 397528 397685 397340 397341 397686 • 397139 00036-0001 397342 397529 397140 397343 397530 397123 00037-0001 00038-0002 00035-0001 397344 397065 397142 397688 397346 397689 397143 397347 397348 397349 397531 397145 397687 397345 397141 397350 397351 397146 397690 397691 397124 397352 397353 397147 397148 397354 397149 397355 397150 397066 Cheque Date 17 -Aug -2016 31 -Aug -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 24 -Aug -2016 11 -Aug -2016 07 -Sep -2016 11 -Aug -2016 07 -Sep -2016 24 -Aug -2016 31 -Aug -2016 11 -Aug -2016 24 -Aug -2016 24 -Aug -2016 24 -Aug -2016 07 -Sep -2016 17 -Aug -2016 07 -Sep -2016 07 -Sep -2016 31 -Aug -2016 24 -Aug -2016 24 -Aug -2016 24 -Aug -2016 31 -Aug -2016 11 -Aug -2016 07 -Sep -2016 24 -Aug -2016 31 -Aug -2016 07 -Sep -2016 24 -Aug -2016 24 -Aug -2016 07 -Sep -2016 17 -Aug -2016 15 -Aug -2016 24 -Aug -2016 31 -Aug -2016 17 -Aug -2016 24 -Aug -2016 31 -Aug -2016 11 -Aug -2016 22 -Aug -2016 29 -Aug -2016 09 -Aug -2016 24 -Aug -2016 11 -Aug -2016 17 -Aug -2016 07 -Sep -2016 24 -Aug -2016 07 -Sep -2016 17 -Aug -2016 24 -Aug -2016 24 -Aug -2016 24 -Aug -2016 31 -Aug -2016 17 -Aug -2016 07 -Sep -2016 24 -Aug -2016 17 -Aug -2016 24 -Aug -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 07 -Sep -2016 12 -Aug -2016 24 -Aug -2016 24 -Aug -2016 17 -Aug -2016 17 -Aug -2016 24 -Aug -2016 17 -Aug -2016 24 -Aug -2016 17 -Aug -2016 11 -Aug -2016 Purpose SERVICES SERVICES UTILITIES SERVICES MATERIALS MATERIALS MATERIALS REFUND MATERIALS SERVICES REFUND CONTRACT SERVICES MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS REFUND MAINTENANCE/REPAIRS TRAVEUMILEAGE SUPPLIES REFUND REFUND REFUND REFUND TRAVEUMILEAGE SERVICES MATERIALS SERVICES MATERIALS GRANT REFUND REFUND REFUND ADVERTISING TRAVEL/MILEAGE LEASES AND RENTS REFUND CONTRACT SERVICES GRANT MATERIALS TRAINING TRAINING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS MATERIALS SUPPLIES MAINTENANCE/REPAIRS CONTRACT SERVICES MEMBERSHIP SUPPLIES TRAVEUMILEAGE MATERIALS GRANT MAINTENANCE/REPAIRS SUPPLIES MATERIALS MATERIALS TRAVEL/MILEAGE PETTY CASH MATERIALS MATERIALS MATERIALS STORES/INVENTORY CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONSULTING SERVICES Amount 85.32 87.88 1,487.50 11,404.34 226.10 518.73 638.99 1,000.00 8,611.73 248.60 59.90 1,831.61 2,421.03 7,328.05 586.48 69.40 8,459.18 100.44 106.00 68.78 159.46 89.29 19.55 113.38 16,500.00 2,343.73 2,714.11 542.06 100.00 104.37 242.03 5.24 1,582.00 44.28 7,967.64 39.14 1,500.00 155.00 9,260.35 610.20 750.40 7.76 3,350.15 8,780.94 29.37 140.03 127.13 155.38 415.28 180.42 468.77 531.54 8,381.00 2,795.21 435.05 2,114.23 455.98 5,199 02 50.00 15,000.75 299.28 163.60 280.03 127.44 236.55 467.81 3,449.16 6,465.35 4,293.63 193,391.08 485.90 86.24 1,706.61 2,874.72 Page 3 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CHAMBER OF COMMERCE NIAGARA FALLS CHAMBERS,BOB CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEN,JING CHITTY,ELIZABETH CHRIS TURNER ASSOCIATES INC CIBC ELECTRONIC BANKING OPERATIONS LIMA CANADA INC CIMCD REFRIGERATION CITY VIEW BUS SALES & SERVICE LTD. CLARK,TIFFANY CLASSIS 59 INVESTMENTS INC CLIFTON HILL BIA CLOCKWORK SYSTEMS INC CLUB ITALIA ORDER OF SONS OF ITALY COGECO CABLE CANADA LP COLLEE,DOUGLAS COLLEE,MICHAEL JONATHAN COLVOY ENTERPRISES 2012 LTD COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES CONDOTTA MERRETT & CO INSURANCE BROKERS CONDOTTA MERRETT & CO INSURANCE BROKERS CONNER,CHRISTOPHER COONS,KEVIN COPPER BEECH COMPANY INC. CORPORATE CABLING AND NETWORKS INC COSTABILE,JOHN COUNTRY BASKET -THE CRABBE,CATHY CRAITOR,KIM CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD SMITH & SWALLOW CRAW FORD,JOE CROSSLEY,KELLY CSIKASZ,MICHELLE CSIZMAZIA,JOAN CUMMINS EASTERN CANADA LP CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CURTIS GAIL DEVELOPMENT CORPORATION CUVIELLO,VINCE D KTECHNICAL SERVICES INC DA -LEE DUST CONTROL DARCH FIRE DARCH FIRE DARCH FIRE DAVIDSON ENVIRONMENTAL DAVIES,DON& DAVIES, JOAN DAVISON,AMBER C DEMAR CONSTRUCTION INC. DEMCO INC DEMOL'S TIRE SALES & SERVICE DEMOL'S TIRE SALES & SERVICE DEMOL'S TIRE SALES & SERVICE DENNIS,TODD& PRIDDLE, ANDREW DESIGN ELECTRONICS DESIGN ELECTRONICS DFA INFRASTRUCTURE INTERNATIONAL INC DGN MARKETING SERVICES LTD DICAN DIGITAL INSTRUMENTS CANADA INC DIGITAL POSTAGE ON CALL DIODATI,JIM DIODATI,JIM DIODATI,JIM DIPIETRO,SALVATORE& DIPIETRO, MARY DISTRICT SCHOOL BOARD OF NIAGARA Cheque No. Cheque Date 397356 24 -Aug -2016 397151 17 -Aug -2016 397695 07 -Sep -2016 397152 17 -Aug -2016 397357 24 -Aug -2016 397532 31 -Aug -2016 397153 17 -Aug -2016 397358 24 -Aug -2016 397359 24 -Aug -2016 397696 07 -Sep -2016 397154 17 -Aug -2016 397360 24 -Aug -2016 397533 31 -Aug -2016 397697 07 -Sep -2016 397534 31 -Aug -2016 397698 07 -Sep -2016 397361 24 -Aug -2016 397155 17 -Aug -2016 397156 17 -Aug -2016 397362 24 -Aug -2016 397699 07 -Sep -2016 397067 11 -Aug -2016 397700 07 -Sep -2016 397157 17 -Aug -2016 397363 24 -Aug -2016 397701 07 -Sep -2016 397535 31 -Aug -2016 397364 24 -Aug -2016 397702 07 -Sep -2016 397703 07 -Sep -2016 397365 24 -Aug -2016 397158 17 -Aug -2016 397159 17 -Aug -2016 397068 11 -Aug -2016 397069 11 -Aug -2016 397160 17 -Aug -2016 397070 11 -Aug -2016 397366 24 -Aug -2016 397301 18 -Aug -2016 397161 17 -Aug -2016 397368 24 -Aug -2016 397162 17 -Aug -2016 397163 17 -Aug -2016 397164 17 -Aug -2016 397369 24 -Aug -2016 00038-0003 29 -Aug -2016 00036-0002 15 -Aug -2016 397704 07 -Sep -2016 397536 31 -Aug -2016 397169 17 -Aug -2016 397705 07 -Sep -2016 397165 17 -Aug -2016 397371 24 -Aug -2016 397706 07 -Sep -2016 397707 07 -Sep -2016 397537 31 -Aug -2016 397708 07 -Sep -2016 397372 24 -Aug -2016 397166 17 -Aug -2016 397709 07 -Sep -2016 397373 24 -Aug -2016 397167 17 -Aug -2016 397710 07 -Sep -2016 397711 07 -Sep -2016 397168 17 -Aug -2016 397712 07 -Sep -2016 397713 07 -Sep -2016 397714 07 -Sep -2016 397655 02 -Sep -2016 397715 07 -Sep -2016 397538 31 -Aug -2016 397071 11 -Aug -2016 397716 07 -Sep -2016 00040-0001 07 -Sep -2016 Purpose CONTRACT SERVICES TRAINING MATERIALS MATERIALS MATERIALS GRANT CONTRACT SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND REMITTANCE MATERIALS CONTRACT SERVICES UTILITIES TRAINING REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE REMITTANCE REFUND REFUND MEMBERSHIP MAINTENANCE/REPAIRS GRANT MATERIALS TRAVEUMILEAGE SUBSCRIPTION CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND REFUND REFUND MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS REFUND MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE TRAVEL/MILEAGE REFUND REFUND Amount 525.93 130.56 845.68 1,772.65 5,078.30 100.00 1,200.00 1,276.90 132.16 19,832.89 76,568.80 1,049.64 68.21 1,774.50 6,250.00 5,706.21 500.00 847.50 402.27 137.11 373.79 230.52 8,064.66 11,751.31 17,055.50 33.48 1,897,309.80 92.40 175.00 1,638.50 3,904.15 50.00 77.56 521.07 113.96 110.00 528.00 1,540.00 22,600.00 100.00 18.36 750.00 1,979.47 2,135.44 8,227.37 10,504.15 10,569.28 3,559.07 150.00 274.59 8,028.97 234.48 285.66 309.85 31.64 750.00 189.69 332,771 44 750.00 190.63 339.29 1,275.23 129.18 766.58 1,906.88 2,966.25 313.01 237.30 9,944.00 406.80 1,155.00 1,242.26 1,090.11 1,250.00 Page 4 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DOBRANSKY,GABOR THOMAS DOVE,MELVILLE DOWNTOWN BOARD OF MANAGEMENT DOXTATER,JAMES DREN,KARL DROLLIS SAFETY SUPPLY CO LTD DUFFERIN CONCRETE DUFFY HOMES LTD. DULAT,DAVID E & R LAWN EQUIPMENT EASTLAND,MARI-LYNNE ED MACPHERSON CONSTRUCTION LTD ELLIS ENGINEERING INC. ELLIS ENGINEERING INC. ELLIS,JULIE EMCO CORPORATION ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENSIGN ELECTRONIC ALARM SYSTEMS E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC ERSIS,OYA ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS,RANDA EXP SERVICES INC FALLS AUTO BODY INC FALLS CHEVROLET CADILLAC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLSVIEW BIA FASTENAL CANADA LTD FASTENAL CANADA LTD FELICETTI,SERGE FERON,ALAN& FERON, JEANNETTE FESTIVALS & EVENTS ONTARIO FIRE MONITORING OF CANADA INC FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORTE,JOSEPH MARIO FORTUNA,CHRISTINA FRANK COSTANTINO CONSTRUCTION FRANK COWAN COMPANY LIMITED FRASER,HEATHER FUSCO,TANYA& FUSCO, ERNEST G. O'CONNOR CONSULTANTS INC G. O'CONNOR CONSULTANTS INC GARDNER-DURDLE,TORENA GAUBOC CONSTRUCTION LIMITED GERANEO,ARNOLD& GERANEO, CHERYLL GERMAN,DEREK GIORGIO BAMBARA 1692702 ONTARIO INC. GIRARDI,CHRISTINE GLICA,SHELLEY GLOBAL ARCHITECTURAL METALS CORP. GLOBAL INDUSTRIAL CANADA GLOBALSTAR CANADA GO GREEN PLUMBING GOFF,VANESSA GOODWILL NIAGARA GOOLD,NATHANIAL GRAND & TOY GRASSHOPPER SOLAR CORPORATION GRAYBAR CANADA GREAT GULF (TORONTO 2000) GREAT LAKES FIRE SERVICES GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH Cheque No. Cheque Date 397170 17 -Aug -2016 397171 17 -Aug -2016 397539 31 -Aug -2016 397374 24 -Aug -2016 397717 07 -Sep -2016 397172 17 -Aug -2016 397375 24 -Aug -2016 397174 17 -Aug -2016 397175 17 -Aug -2016 397182 17 -Aug -2016 397376 24 -Aug -2016 397540 31 -Aug -2016 397377 24 -Aug -2016 397177 17 -Aug -2016 397178 17 -Aug -2016 397378 24 -Aug -2016 397514 26 -Aug -2016 397179 17 -Aug -2016 397718 07 -Sep -2016 397719 07 -Sep -2016 397180 17 -Aug -2016 397072 11 -Aug -2016 397379 24 -Aug -2016 397181 17 -Aug -2016 397380 24 -Aug -2016 397720 07 -Sep -2016 397381 24 -Aug -2016 397382 24 -Aug -2016 397383 24 -Aug -2016 397384 24 -Aug -2016 397183 17 -Aug -2016 397073 11 -Aug -2016 397184 17 -Aug -2016 397541 31 -Aug -2016 397385 24 -Aug -2016 397185 17 -Aug -2016 397074 11 -Aug -2016 397386 24 -Aug -2016 397186 17 -Aug -2016 397302 18 -Aug -2016 397387 24 -Aug -2016 397187 17 -Aug -2016 397188 17 -Aug -2016 397542 31 -Aug -2016 397189 17 -Aug -2016 397303 18 -Aug -2016 397721 07 -Sep -2016 397388 24 -Aug -2016 397392 24 -Aug -2016 397545 31 -Aug -2016 397543 31 -Aug -2016 397389 24 -Aug -2016 397390 24 -Aug -2016 397191 17 -Aug -2016 397522 31 -Aug -2016 397544 31 -Aug -2016 397722 07 -Sep -2016 397192 17-Aug'2016 397193 17 -Aug -2016 397391 24 -Aug -2016 397546 31 -Aug -2016 397393 24 -Aug -2016 397194 17 -Aug -2016 397195 17 -Aug -2016 397196 17 -Aug -2016 397075 11 -Aug -2016 397076 11 -Aug -2016 397547 31 -Aug -2016 397394 24 -Aug -2016 397395 24 -Aug -2016 397723 07 -Sep -2016 397197 17 -Aug -2016 397198 17 -Aug -2016 397397 24 -Aug -2016 Purpose REFUND TRAVEL/MILEAGE REMITTANCE REFUND TRAVEL/MILEAGE MATERIALS REFUND TRAVEL/MILEAGE MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES TRAINING MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES MAINTENANCE/REPAIRS MATERIALS MATERIALS MATERIALS REFUND TRAVEL/MILEAGE MATERIALS REFUND CONTRACT SERVICES MAINTENANCE/REPAIRS MATERIALS CONTRACT SERVICES MAINTENANCE/REPAIRS REMITTANCE MATERIALS MATERIALS CONSULTING SERVICES REFUND MEMBERSHIP CONTRACT SERVICES MATERIALS MATERIALS REFUND REFUND REFUND REMITTANCE SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS CONTRACT SERVICES REFUND GRANT REFUND REFUND GRANT REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES (WRAP2016-( REFUND REFUND CONTRACT SERVICES SUPPLIES REFUND MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE/REPAIRS MATERIALS Amount 750.00 206.82 52,500.00 65.61 154.44 3,663.57 589.86 2,500.00 67.48 188.49 971.80 750.00 7,940.22 15,313.42 130.56 4,224.39 1,409.14 1,494.90 1,753.87 5,693.91 197.75 134.07 666.70 1,536.39 7.47 206.28 2,083.61 10.75 1,853.20 228.00 49.55 610.20 1,523.10 375,000.00 443.68 690.70 63.48 97.74 418.10 2,242.69 307.67 1,175.37 750.00 750.00 10,000.00 23,057.81 370.00 215.48 3,148.46 11,860.76 100.00 3,651.00 169.67 50.00 750.00 40.00 125.00 1,750 767.19 112.98 3,699.63 152.31 8,839.47 400.00 185.86 500.00 473.76 1,000.00 57.07 474.60 779.70 2,941.40 2,183.16 2,863.15 Page 5 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GTECHNA GUARASCI,JEFF GUILD ELECTRIC LIMITED GUILD ELECTRIC LIMITED GUIRGUIS,RAFIK H2ONLY INC H2ONLY INC HAHN,AARON NALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC HAROUTUNIAN,AMANDA HENDERSON RECREATION EQUIPMENT LIMITED HICKS MORLEY HICKS,SKYE HOLMAN,GEOFF HOLROYD,CAROLINE HOPE,OLIVIA HUYNH,THANH BEC MACHINE KNIFE LTD BI GROUP DEAL PLUMBING & HEATING NDEPENDENT SUPPLY COMPANY NTUITION LANDSCAPE NTUITION LANDSCAPE OANNONI,LUCIA& IOANNONI, DOMENICO J &13 PROCESS SERVING INC J&B PRO MUSIC JOHNNY ROCCO'S KAGAN SHASTRI BARRISTERS & SOLICITORS IN TRUST KEITH'S PLUMBING & HEATING INC KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KERRY T HOWE ENGINEERING LTD KIRKUP MASCOE & URE SURVEYING LTD. KLENZOID KRAWCZYK CONSTRUCTION MAINTENANCE INC KROWN KROWN LAITAN HOLDINGS CORPORATION LAITAN HOLDINGS CORPORATION LALLOUET,ERIC LAMB,HAROLD LATIMER,HEATHER D LAURCOAT INC. LAURCOAT INC. LAVANDIER,MICHAEL BENJAMIN LAW CRUSHED STONE LAWNS AND MORE INC. LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LE GROUP AXXYS LEGACY RESTORATIONS & PROPERTY MAINTENANCE LTD LEGGE,DEBORAH LIDSTER,JACK LIFESAVING SOCIETY LIFESAVING SOCIETY LIFESAVING SOCIETY LINCOLN APPLIANCE SERVICE CENTRE INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LOOPSTRA NIXON LLP LUNDY'S LANE BIA M&L SUPPLY FIRE AND SAFETY M&L SUPPLY FIRE AND SAFETY M&L SUPPLY FIRE AND SAFETY MACGILLVRAY,KRISTY MACLEOD,JOHN MAIDA,DANIEL MAR -CO CLAY PRODUCTS INC Cheque No. Cheque Date 397396 24 -Aug -2016 397724 07 -Sep -2016 397199 17 -Aug -2016 397398 24 -Aug -2016 397548 31 -Aug -2016 397200 17 -Aug -2016 397399 24 -Aug -2016 397400 24 -Aug -2016 397202 17 -Aug -2016 397401 24 -Aug -2016 397402 24 -Aug -2016 397403 24 -Aug -2016 397203 17 -Aug -2016 397549 31 -Aug -2016 397204 17 -Aug -2016 397550 31 -Aug -2016 397551 31 -Aug -2016 397552 31 -Aug -2016 397404 24 -Aug -2016 397405 24 -Aug -2016 397205 17 -Aug -2016 397206 17 -Aug -2016 397406 24 -Aug -2016 397725 07 -Sep -2016 397407 24 -Aug -2016 397207 17 -Aug -2016 397078 11 -Aug -2016 397726 07 -Sep -2016 397079 11 -Aug -2016 397408 24 -Aug -2016 397409 24 -Aug -2016 397304 18 -Aug -2016 397208 17 -Aug -2016 397554 31 -Aug -2016 397727 07 -Sep -2016 397555 31 -Aug -2016 397729 07 -Sep -2016 397730 07 -Sep -2016 397411 24 -Aug -2016 397731 07 -Sep -2016 397412 24 -Aug -2016 397732 07 -Sep -2016 397413 24 -Aug -2016 397414 24 -Aug -2016 397080 11 -Aug -2016 397556 31 -Aug -2016 397415 24 -Aug -2016 397733 07 -Sep -2016 397557 31 -Aug -2016 397416 24 -Aug -2016 397417 24 -Aug -2016 397734 07 -Sep -2016 397081 11 -Aug -2016 397305 18 -Aug -2016 397736 07 -Sep -2016 397209 17 -Aug -2016 397735 07 -Sep -2016 397560 31 -Aug -7018 397739 07 -Sep -2016 397420 24 -Aug -2016 397212 17 -Aug -2016 397740 07 -Sep -2016 397741 07 -Sep -2016 397561 31 -Aug -2016 397082 11 -Aug -2016 397562 31 -Aug -2016 397563 31 -Aug -2016 397430 24 -Aug -2016 397746 07 -Sep -2016 397573 31 -Aug -2016 397564 31 -Aug -2016 397565 31 -Aug -2016 397213 17 -Aug -2016 397742 07 -Sep -2016 Purpose SUPPLIES MATERIALS CONTRACT SERVICES CONTRACT SERVICES GRANT MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS CONSULTING SERVICES GRANT TRAVEUMILEAGE GRANT TRAVEUMILEAGE REFUND MATERIALS CONTRACT SERVICES REFUND CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS CONTRACT SERVICES DONATION CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS - CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS TRAVEL/MILEAGE REFUND REFUND SERVICES SERVICES REFUND MATERIALS SERVICES MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS CONTRACT BERN/ICES MATERIALS MATERIALS MEMBERSHIP SERVICES FUEL FUEL FUEL CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS REFUND MEMBERSHIP GRANT MATERIALS Amount 2,563.07 459.54 3,922.94 4,645.07 1,250.00 111.20 132.05 500.00 452.00 452.00 83.85 3,248.75 13,483.99 100.00 274.73 100.00 124.20 3,035.55 85.88 1,316.45 750.00 15.92 4,275.66 9,531.31 421.51 113.00 452.00 155.00 1,983.15 174,653.69 5,719.69 6,365.11 28,347.56 628.71 1,143.11 4,857.31 3,785.50 3,099.78 4,621.70 146.84 4,383.88 5,038.67 6,915.60 112.32 120.00 29.86 254.25 796.65 1,635.48 2,632.22 2,781.50 16.48 53.71 903.59 1,250.00 300.00 97.25 250.00 62.40 246.75 282.50 94.92 2,628.10 20,283.74 30,079.70 477.41 64,153.25 2,003.27 2,479.51 4,792.35 170.62 135.60 50.00 820.38 Page 6 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MARGARET,BRUNNING MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARKS WORK WAREHOUSE MARSILI,MIKE MASLEK,JOVO MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY HOWE SURVEYING MAURICIO,ANNA MCLEAN,NEIL LACHLAN MCRAE,RICK WILLIAM MERANTE,DONNA MERCHANT-MILLER,VICTORIA& MERCHANT -MILLER, ANDREW MERIDIAN CREDIT UNION MERIDIAN CREDIT UNION MERIDIAN CREDIT UNION MERZ,TOM METAL SUPERMARKETS METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING MIKES PAINTING WALLPAPER & DECORATING MILLER RESTORATION LIMITED MILLER,JESSE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOKSH INDIAN BISTRO MOLDENHAUER,KATHY MONA/MUSEUMS OF NIAGARA ASSOCIATION MONRAD,ANGELA MARIE MOON-MATZ LTD. MORIELLO,JOHN& MORIELLO, MARY MOROCCO,JOHN MOROCCO,JOYCE MOROCCO,JOYCE MORSE & SON LIMITED MOUNTAINVIEW HOMES LTD MOUNTAINVIEW HOMES LTD MULLEN GARDEN MARKET MULLER'S WORKWEAR MUNDAY,MATT MUNICIPAL ASSOCIATES INC MURPHY'S MUSIC MURRAY,MARTIN NEDERMAN CANADA LIMITED NEOPOST LEASING SERIVCES CANADA LTD. NEW FLYER INDUSTRIES CANADA ULC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INCORPORATED NIAGARA CHRYSLER DODGE JEEP NIAGARA CUSTOM POWDER COATING INC NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DEVELOPMENT CORRIDOR PARTNERSHIP NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS MINOR HOCKEY ASSOCIATION Cheque No. Cheque Date 397138 17 -Aug -2016 397421 24 -Aug -2016 397566 31 -Aug -2016 397214 17 -Aug -2016 397083 11 -Aug -2016 397743 07 -Sep -2016 397567 31 -Aug -2016 397084 11 -Aug -2016 397422 24 -Aug -2016 397085 11 -Aug -2016 397568 31 -Aug -2016 397423 24 -Aug -2016 397569 31 -Aug -2016 397744 07 -Sep -2016 397086 11 -Aug -2016 397424 24 -Aug -2016 397570 31 -Aug -2016 397215 17 -Aug -2016 397425 24 -Aug -2016 397426 24 -Aug -2016 397571 31 -Aug -2016 397088 11 -Aug -2016 397216 17 -Aug -2016 397572 31 -Aug -2016 397428 24 -Aug -2016 397429 24 -Aug -2016 397217 17 -Aug -2016 397089 11 -Aug -2016 397427 24 -Aug -2016 397745 07 -Sep -2016 397090 11 -Aug -2016 397431 24 -Aug -2016 397747 07 -Sep -2016 397574 31 -Aug -2016 397575 31 -Aug -2016 397748 07 -Sep -2016 397218 17 -Aug -2016 397091 11 -Aug -2016 397219 17 -Aug -2016 397576 31 -Aug -2016 397220 17 -Aug -2016 397092 11 -Aug -2016 397432 24 -Aug -2016 397093 11 -Aug -2016 397433 24 -Aug -2016 397577 31 -Aug -2016 397094 11 -Aug -2016 397749 07 -Sep -2016 397434 24 -Aug -2016 397750 07 -Sep -2016 397751 07 -Sep -2016 397435 24 -Aug -2016 397436 24 -Aug -2016 397437 24 -Aug -2016 397095 11 -Aug -2016 397578 31 -Aug -2016 397752 07 -Sep -2016 397097 11 -Aug -2016 397098 11 -Aug -2016 397222 17 -Aug -2016 397438 24 -Aug -2016 397753 07 -Sep -2016 397099 11 -Aug -2016 397439 24 -Aug -2016 397580 31 -Aug -2016 397754 07 -Sep -2016 397223 17 -Aug -2016 397755 07 -Sep -2016 397100 11 -Aug -2016 397581 31 -Aug -2016 397756 07 -Sep -2016 397757 07 -Sep -2016 397582 31 -Aug -2016 397224 17 -Aug -2016 Purpose CONTRACT SERVICES STORES/INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONSULTING SERVICES REFUND REFUND REFUND REFUND REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND REFUND MATERIALS MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES STORES/INVENTORY STORES/INVENTORY MATERIALS MATERIALS REFUND TRAVEL/MILEAGE MATERIALS REFUND CONTRACT SERVICES REFUND TRAVEL/MILEAGE TRAINING TRAINING REFUND REFUND REFUND MATERIALS MATERIALS REFUND TRAINING MATERIALS SERVICES MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SUPPLIES DONATION GRANT CONTRACT SERVICES REMITTANCE SERVICES GRANT Amount 65.00 423.19 1,148.90 1,993.35 646.24 175.00 135.41 4,294.00 4,520.00 10.00 750.00 75.00 252.51 750.00 277.07 313.13 4,645.09 500.00 233.86 1,649.52 5,985.18 7,062.50 503.62 750.00 4,048.60 71,409.12 204.00 2,788.56 2,788.56 2,788.56 96.37 1,120.83 2,114.07 4,392.67 124.53 129.39 158.71 749.11 1,250.00 176.04 99.78 750.00 9,220.80 2,500.00 190.08 610.20 750.40 1,691.90 6.13 71.20 201.14 406.80 750.00 1,130.00 1,299.00 100.00 33,380.22 661.05 2,505.49 969.54 1,202.32 1,233.96 62.32 3,677.36 630.13 278.26 101.70 38.42 2,500.00 2,500.00 2,783.33 60.00 39,795.16 350.00 Page 7 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS PROFRESSIONAL FIRE FIGHTERS NIAGARA FALLS PROFRESSIONAL FIRE FIGHTERS NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS REVIEW NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA METER SERVICES INC. NIAGARA METER SERVICES INC. NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NICK'S TRUCK PARTS INC. NICKS,JOAN NORJOHN CONTRACTING & PAVING LTD NORMAN,THOMAS BUDD& NORMAN, AMY DELIA NORTH -SOUTH ENVIRONMENTAL INC O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMERS OMERS OMERS OMERS ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ONE CALL ORKIN CANADA CORPORATION OSRAM SYLVANIA LTD. OUT,DOOKES TAKE OVERLAND CUSTOM COACH (2007) INC. OVERLAND CUSTOM COACH (2007) INC. PARADISE POOLS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARKWAY TOWING INC PARLATORE,DOMENIC & MARISA PARTSMASTER CANADA PATEL.BIRJUKUMAR PC AUTO ELECTRIC PENINSULA CONSTRUCTION INC. PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENNER BUILDING CENTRE PERFORMANCE AUTO GROUP PERFORMANCE AUTO GROUP PIC'S MOTOR CLINIC PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PLUMBING MR ROOTER POS SUPPLIES PRAXAIR PRAXAIR PRECISION CURB CUTTING LTD PREMIER EQUIPMENT LTD PREVOST PREVOST PRIDE SIGNS LIMITED PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRINTING HOUSE LTO PRINTING HOUSE LTD PROJECT SHARE PSECO INC Cheque No. Cheque Date 00036-0003 15-Au9-2016 00038-0004 29 -Aug -2016 397125 12 -Aug -2016 397101 11 -Aug -2016 397583 31 -Aug -2016 397225 17 -Aug -2016 397584 31 -Aug -2016 397226 17 -Aug -2016 397440 24 -Aug -2016 397441 24 -Aug -2016 397758 07 -Sep -2016 397227 17 -Aug -2016 397585 31 -Aug -2016 397442 24 -Aug -2016 397759 07 -Sep -2016 397443 24 -Aug -2016 397586 31 -Aug -2016 397587 31 -Aug -2016 397228 17 -Aug -2016 397760 07 -Sep -2016 397229 17 -Aug -2016 397761 07 -Sep -2016 397444 24 -Aug -2016 397103 11 -Aug -2016 397230 17 -Aug -2016 397588 31 -Aug -2016 397232 17 -Aug -2016 397589 31 -Aug -2016 397231 17 -Aug -2016 397445 24 -Aug -2016 397590 31 -Aug -2016 397446 24 -Aug -2016 397272 17 -Aug -2016 397591 31 -Aug -2016 397592 31 -Aug -2016 397233 17 -Aug -2016 397447 24 -Aug -2016 397762 07 -Sep -2016 397104 11 -Aug -2016 397593 31 -Aug -2016 397234 17 -Aug -2016 397763 07 -Sep -2016 397448 24 -Aug -2016 397105 11 -Aug -2016 397594 31 -Aug -2016 397764 07 -Sep -2016 397449 24 -Aug -2016 397450 - 24 -Aug -2016 397595 31 -Aug -2016 397235 17 -Aug -2016 397106 11 -Aug -2016 397451 24 -Aug -2016 397452 24 -Aug -2016 397236 17 -Aug -2016 397596 31 -Aug -2016 397107 11 -Aug -2016 397598 31 -Aug -2016 397463 24 Aug 2016 397469 24 -Aug -2016 397599 31 -Aug -2016 397454 24 -Aug -2016 397237 17 -Aug -2016 397108 11 -Aug -2016 397455 24 -Aug -2016 397109 11 -Aug -2016 397238 17 -Aug -2016 397111 11 -Aug -2016 397110 11 -Aug -2016 397600 31 -Aug -2016 397456 24 -Aug -2016 397239 17 -Aug -2016 397112 11 -Aug -2016 397601 31 -Aug -2016 397113 11 -Aug -2016 Purpose PAYROLL REMITTANCE PAYROLL REMITTANCE PETTY CASH SUBSCRIPTION SERVICES GRANT CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES UTILITIES UTILITIES UTILITIES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADVERTISING MATERIALS GRANT CONTRACT SERVICES REFUND CONSULTING SERVICES SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES REFUND STORES/INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS REFUND MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS MATERIALS EQUIPMENT STORES/INVENTORY SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES MATERIALS Amount 7,900.52 18,067.84 948.70 676.52 30,000.00 17,318.63 4,958.61 5,263.77 22,500.00 1,702.79 2,205.80 10,129.07 196,970.58 9,350.63 50.00 133.11 3,035.00 560.48 143.68 400.00 431,353.49 119.05 10,038.71 2,834.04 1,159.38 35,085.28 36,035.30 666,697.14 670,021.90 10,299.95 1,223.11 149.73 27,125.57 174.76 49.70 505.37 228.16 352.54 431.06 558.17 2,076.64 1,864.50 2,500.00 1,434.82 75.14 303.33 500.00 1,237.35 1,485.95 1,553.75 2,452.10 201.06 202.52 25,209.17 863.77 4,746.00 4,746.00 6,941.03 750.00 224.53 299.33 443.08 667.15 616.04 563.86 802.54 100.00 540.00 737.00 800.00 595.84 669.98 24,866.67 1,413.86 Page 8 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PUBLIC SECTOR DIGEST PULLANO,STACEY PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PVS CONTRACTORS PVS CONTRACTORS QUALITY READY MIX DIVISION OF LAFARGE CANADA INC QUALITY READY MIX DIVISION OF LAFARGE CANADA INC QUALITY READY MIX DIVISION OF LAFARGE CANADA INC QUARTEK GROUP INC QUBE ENTERTAINMENT EMPORIUM QUBE ENTERTAINMENT EMPORIUM R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R. STASIAK ENGINEERING INC RACO AUTO SUPPLY LTO RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAMPADO,ALICIA RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY REALTAX INC REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RELIABLE PROMOTIONS RICHARD CROSSMAN ENTERPRISES RICKER,RYAN RICOH CANADA INC RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RIVERSIDE BRASS RIVERSIDE BRASS ROCHESTER MIDLAND CANADA CORPORATION ROCHESTER MIDLAND CANADA CORPORATION ROESLER,JUSTIN DANIEL ROGERS WIRELESS INC ROSSITER,MARIE RUDMAN,JOSIP RUSSELL,KELLY& CUPSKEY, KYLE S.C. WATSON SERVICES SACCO,DOLORES SACCO,FRED SAFE STOR RECORDS MANAGEMENT SAFE STOR RECORDS MANAGEMENT SAFETY KLEEN SYSTEMS INC SAFETY MEDIA INC SALANDRIA LTD SANI GEAR SANI GEAR SANI GEAR SCHOOT UITERKAMP,LISSA SCOTIABANK BILL PAYMENT SERVICES SCOTT BEST SEWER SERVICES SCOTT BEST SEWER SERVICES SCOTT,CHRIS SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP Cheque No. Cheque Date 397765 07 -Sep -2016 397602 31 -Aug -2016 397306 18 -Aug -2016 397240 17 -Aug -2016 397766 07 -Sep -2016 397114 11 -Aug -2016 397457 24 -Aug -2016 397767 07 -Sep -2016 397603 31 -Aug -2016 397241 17 -Aug -2016 397768 07 -Sep -2016 397458 24 -Aug -2016 397459 24 -Aug -2016 397242 17 -Aug -2016 397460 24 -Aug -2016 397251 17 -Aug -2016 397774 07 -Sep -2016 397470 24 -Aug -2016 397461 24 -Aug -2016 397115 11 -Aug -2016 397243 17 -Aug -2016 397769 07 -Sep -2016 397604 31 -Aug -2016 397462 24 -Aug -2016 397605 31 -Aug -2016 397116 11 -Aug -2016 397244 17 -Aug -2016 397770 07 -Sep -2016 397245 17 -Aug -2016 397246 17 -Aug -2016 397463 24 -Aug -2016 397771 07 -Sep -2016 397464 24 -Aug -2016 397117 11 -Aug -2016 397247 17 -Aug -2016 397772 07 -Sep -2016 00038-0005 29 -Aug -2016 00037-0002 22 -Aug -2016 00036-0004 15 -Aug -2016 00039-0001 31 -Aug -2016 00034-0001 08 -Aug -2016 397465 24 -Aug -2016 397773 07 -Sep -2016 397248 17 -Aug -2016 397249 17 -Aug -2016 397606 31 -Aug -2016 397466 24 -Aug -2016 397467 24 -Aug -2016 397250 17 -Aug -2016 397468 24 -Aug -2016 397775 07 -Sep -2016 397607 31 -Aug -2016 397608 31 -Aug -2016 397776 07 -Sep -2016 397777 07 -Sep -2016 397609 31 -Aug -2016 397779 07 -Sep -2016 307472 24 -Aug -2016 397471 24 -Aug -2016 397253 17 -Aug -2016 397473 24 -Aug -2016 397610 31 -Aug -2016 397252 17 -Aug -2016 397254 17 -Aug -2016 397256 17 -Aug -2016 397611 31 -Aug -2016 397778 07 -Sep -2016 397497 24 -Aug -2016 397474 24 -Aug -2016 397257 17 -Aug -2016 397612 31 -Aug -2016 397613 31 -Aug -2016 397258 17 -Aug -2016 397614 31 -Aug -2016 Purpose TRAINING REFUND COURIER COURIER COURIER COURIER COURIER CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONSULTING SERVICES REFUND REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY REFUND MATERIALS SERVICES CONTRACT SERVICES REMITTANCE REMITTANCE SERVICES CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS SERVICES CONTRACT SERVICES REFUND SERVICES REFUND REFUND REFUND CONTRACT SERVICES TRAVEL/MILEAGE REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS Amount 1,412.50 181.09 4.35 50.67 121.12 141.91 963.33 24,034.85 24,257.99 1,072.38 1,567.32 3,179.82 4,597.97 200.70 1,250.00 949.20 1,954.79 762.75 177.34 455.05 608.58 1,684.22 2,618.42 384.62 6,884.34 11,435.24 52,225.89 1,841.98 1,845.02 344.65 2,209.15 467,521.66 490,843.01 514,328.77 1,426.63 1,996.08 977.50 16,933.71 490,659.35 2,248,165.01 19,536,085.76 1,542.45 750.00 50.00 21,239.48 656.98 1,200.51 109.61 331.09 242.95 594.58 122.90 1,416.37 210.49 276.20 37.24 819.25 170.04 1,000.00 167.24 167.24 1,871.74 66.05 52,483.30 376.57 592.12 1,031.84 70.20 76.81 1,299.50 1,418.15 135.54 32.85 2,259.35 Page 9 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SEMARK,JEREMY& SEMARK, BILLIE-JO SENKERIK FIRE PROTECTION SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHILLINGTONS LLP SHRED IT INTERNATIONAL ULC SIGNATURE SIGNS SIGNATURE SIGNS SIMPLISTIC LINES INC SKENDER-MICIC,LADA SNAP NIAGARA FALLS SOCHA,STAN SOCIETY OF PUBLIC INSURANCE ADMINISTRATORS OF SOLID CADDGROUP INC. SPARTAN RESCUE INC. SPARTAN RESCUE INC. ST CATHARINES FREIGHTLINER TRUCK & TRACTOR 5T CATHARINES FREIGHTLINER TRUCK & TRACTOR ST JOHN AMBULANCE ST JOHN AMBULANCE STAMFORD HOME HARDWARE STANGL'S ENVIRO LAWN CARE STANGL'S ENVIRO LAWN CARE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STEVENSVILLE LAWN SERVICE INC STILLWATER CONSULTING LIMITED STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STORAGE NIAGARA SUBWAY SUN LIFE ASSURANCE COMPANY OF CANADA SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING SUN MEDIA CORPORATION SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR WHOLESALE FOODS SUPERIOR WHOLESALE FOODS SWIFT,MARYDALE TAIT,CINDY TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TAYLOR,ROBERTA TAYLOR,TONY TD CANADA TRUST TEIBERT,GEORGE TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TES INFORMATION TECHNOLOGIES THE SALVATION ARMY THERMO KING EASTERN CANADA THERMO KING EASTERN CANADA THISTLEWAITE YARDWORKS THOMAS-CLAPP,SUE THYSSENKRUPP ELEVATOR (CANADA) LIMITED TIM L DOBBIE CONSULTING LTD TIM L DOBBIE CONSULTING LTD TODD,KEN TODD,KEN TORBRAM ELECTRIC SUPPLY TOROMONT INDUSTRIES LTD TOROMONT INDUSTRIES LTD TOROMONT INDUSTRIES LTD TOROMONT INDUSTRIES LTD TORONTO STAMP INC TOSATO,MICHAEL TRANSAXLE PARTS (HAMILTON) INC. Cheque No. 397615 397259 397780 397260 397475 397476 397261 397262 397616 397477 397781 397263 397478 ONTARI( 397479 397480 397617 397264 397482 397620 397621 397622 397265 397481 397783 397619 397784 397266 397483 397484 397485 397267 397623 397486 00040-0002 AND COI 397269 397488 397785 397487 397624 397268 397271 397489 397270 397786 397625 397787 397273 397626 397490 397627 397274 397491 397275 397492 397788 397628 397255 397789 397276 397790 397493 397494 397278 397791 397629 397119 397279 397495 397280 397792 397630 397496 397631 397632 Cheque Date 31 -Aug -2016 17 -Aug -2016 07 -Sep -2016 17 -Aug -2016 24 -Aug -2016 24 -Aug -2016 17 -Aug -2016 17 -Aug -2016 31 -Aug -2016 24 -Aug -2016 07 -Sep -2016 17 -Aug -2016 24 -Aug -2016 24 -Aug -2016 24 -Aug -2016 31 -Aug -2016 17 -Aug -2016 24 -Aug -2016 31 -Aug -2016 31 -Aug -2016 31 -Aug -2016 17 -Aug -2016 24 -Aug -2016 07 -Sep -2016 31 -Aug -2016 07 -Sep -2016 17 -Aug -2016 24 -Aug -2016 24 -Aug -2016 24 -Aug -2016 17 -Aug -2016 31 -Aug -2016 24 -Aug -2016 07 -Sep -2016 17 -Aug -2016 24 -Aug -2016 07 -Sep -2016 24 -Aug -2016 31 -Aug -2016 17 -Aug -2016 17 -Aug -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 31 -Aug -2016 07 -Sep -2016 17 -Aug -2016 31 -Aug -2016 24 -Aug -2016 31 -Aug -2016 17 -Aug -2016 24 -Aug -2016 17 -Aug -2016 24 -Aug -2016 07 -Sep -2016 31 -Aug -2016 17 -Aug -2016 07 -Sop -2016 17 -Aug -2016 07 -Sep -2016 24 -Aug -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 31 -Aug -2016 11 -Aug -2016 17 -Aug -2016 24 -Aug -2016 17 -Aug -2016 07 -Sep -2016 31 -Aug -2016 24 -Aug -2016 31 -Aug -2016 31 -Aug -2016 Purpose REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT ADVERTISING MATERIALS TRAINING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS SERVICES CONTRACT SERVICES STORES/INVENTORY MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS PAYROLL REMITTANCE REMITTANCE ADVERTISING FUEL FUEL FUEL FUEL CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND MATERIALS SERVICES SUBSCRIPTION SERVICES DONATION MATERIALS MATERIALS CONTRACT SERVICES TRAINING SERVICES CONSULTING SERVICES CONTRACT SERVICES TRAINING TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND STORES/INVENTORY Amount 11.96 1,309.31 415.84 3,503.00 6,339.30 1,408.55 216.12 308.49 2,171.01 6,140.01 100.00 293.80 121.96 60.00 422.62 48.33 371.80 131.07 172.30 2,741.66 34,910.81 145.85 152.55 152.55 768.24 783.63 908.70 68,057.51 12,882.00 82.42 2,141.12 644.10 135.60 420,514.04 556.75 4,560.67 38,233.36 40,410.01 51,676.05 77,300.98 99.44 366.71 568.97 768.34 76.10 80.00 401.15 483.18 1,413.70 465.60 172.88 146.70 192.09 468.95 904.00 3,465.26 6,147.40' 162.11 758.12 263.31 21.06 841.85 5,932.50 5,932.50 878.50 974.70 10.15 264.46 279.97 632.80 4,245.15 64.16 28.59 759.05 Page 10 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TRANSAXLE PARTS (HAMILTON) INC. TRIFUNDY,LISA DAWN TRUGREEN TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK TWARDAWSKY,NICK ULINE CANADA CORPORATION UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED WAY UNIVERSITY OF WATERLOO UPPER CANADA CONSULTANTS UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC USVALDO,MICHAEL V GIBBONS CONTRACTING LTD VAILLANCOURT,TIM VALLEN VAN HOANG,CHIEN VAN HOANG,CHIEN VATTOVAZ,THOMAS& VATTOVAZ, ROSEMARY VAWDA,ATEEYA VENERINO V.P. PANIC! ARCHITECT INC. VICTORIA CENTRE BIA WAJAX EQUIPMENT #30 WAJAX POWER SYSTEMS WAJAX POWER SYSTEMS WAJAX POWER SYSTEMS WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER ENVIRONMENTAL GROUP INC. WALL,LISA WALLINGTON,SEAN WASHINGTON MILLS LTD WASTE MANAGEMENT WEAVER,BONNIE L WESCO DISTRIBUTION CANADA INC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WHITMAN,RON WIEBE,DENNIS J WILK,JAMES WILLOUGHBY VOLUNTEER FIREFIGHTERS' ASSOCIATION WILSON,JESSICA WINTER FESTIVAL OF LIGHTS WOJCIECH,FILIP WOLSELEY CANADA INC. WOLSELEY CANADA INC. WOMEN'S PLACE OF SOUTH NIAGARA INC WORK AUTHORITY WORK AUTHORITY WORK AUTHORITY WSIB WSIB WSIB WSIB WSIB WSIB WSP CANADA INC WSP CANADA INC WYLIE,BRENDA XPLORNET COMMUNICATIONS INC YAN,ZE HONG YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YOCHIM,RYAN YOUNG SOD FARMS LTD YWCA NIAGARA REGION Cheque No. Cheque Date 397793 07 -Sep -2016 397633 31 -Aug -2016 397634 31 -Aug -2016 397794 07 -Sep -2016 397795 07 -Sep -2016 397281 17 -Aug -2016 397282 17 -Aug -2016 397283 17 -Aug -2016 397496 24 -Aug -2016 397285 17 -Aug -2016 397635 31 -Aug -2016 397797 07 -Sep -2016 397636 31 -Aug -2016 397798 07 -Sep -2016 397499 24 -Aug -2016 397500 24 -Aug -2016 397286 17 -Aug -2016 397637 31 -Aug -2016 397077 11 -Aug -2016 397799 07 -Sep -2D16 397120 11 -Aug -2016 397126 16 -Aug -2016 397287 17 -Aug -2016 397638 31 -Aug -2016 397639 31 -Aug -2016 397288 17 -Aug -2016 397800 07 -Sep -2016 397640 31 -Aug -2016 397289 17 -Aug -2D16 397641 31 -Aug -2016 397502 24 -Aug -2016 397121 11 -Aug -2016 397642 31 -Aug -2016 397643 31 -Aug -2016 397801 07 -Sep -2016 397644 31 -Aug -2016 397503 24 -Aug -2016 397645 31 -Aug -2016 397504 24 -Aug -2016 397290 17 -Aug -2016 397292 17 -Aug -2016 397506 24 -Aug -2016 397293 17 -Aug -2016 397803 07 -Sep -2016 397647 31 -Aug -2016 397648 31 -Aug -2016 397804 07 -Sep -2D16 397294 17 -Aug -2016 397650 31 -Aug -2016 397805 07 -Sep -2016 397295 17 -Aug -2016 397507 24 -Aug -2016 397651 31 -Aug -2016 397652 31 -Aug -2016 397296 17 -Aug -2016 397307 18 -Aug -2016 397508 24 -Aug -2016 397806 07 -Sep -2016 397122 11 -Aug -2016 397509 24 -Aug -2016 397297 17 -Aug -2016 397510 24 -Aug -2016 397511 24 -Aug -2016 397807 07 -Sep -2016 397298 17 -Aug -2016 397653 31 -Aug -2016 397808 07 -Sep -2016 397512 24 -Aug -2016 397654 31 -Aug -2016 397513 24 -Aug -2016 397809 07 -Sep -2016 Purpose STORES/INVENTORY REFUND SERVICES MATERIALS TRAVEL/MILEAGE TRAVEL/MILEAGE MATERIALS MATERIALS PAYROLL REMITTANCE CONTRACT SERVICES CONSULTING SERVICES COURIER CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONTRACT SERVICES GRANT MATERIALS REFUND REFUND REFUND GRANT CONSULTING SERVICES REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REFUND MATERIALS REFUND STORES/INVENTORY MATERIALS CONTRACT SERVICES REFUND REFUND LEASES AND RENTS MATERIALS SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES PETTY CASH CONTRACT SERVICES REFUND SERVICES CONTRACT SERVICES UTILITIES CONTRACT SERVICES REFUND MATERIALS REMITTANCE Amount 918.46 230.94 331.09 1,408.78 75.60 195.48 893.55 565.00 912.00 25,000.00 4,278.75 98.25 3,974.78 32,329.30 124.29 10,684.85 50.00 364.44 1,095.78 3,211.08 17,326.00 1,500.00 10,451.59 118,750.00 712.60 8,656.08 9,218.22 15,433.56 1,551.56 2,915.18 4,011.90 4,807.55 105.77 58.32 140.00 750.00 115.50 173.30 65.29 479.07 100.00 500.00 750.00 7,062.50 100.00 28,500.00 500.00 82.81 180.80 1,612.50 150.00 450.00 450.00 747.42 792.41 1,201.10 7,696.74 21,106.23 23,878.84 7,198.95 11,763.30 641.85 55.27 3,054.88 531.36 2,215.91 2,785.59 5,568.43 43.86 187.58 4,277.75 Total 32,686,031.78 Niagaraflalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW -2016-40 Millennium Recreation Trail Section 6 (Lundy's Lane to Royal Manor Dr.) Tender Award MW -2016-40 September 27, 2016 RECOMMENDATION 1. That Tender 2016-409-16 for the construction of the Millennium Recreation Trail - Section 6 be awarded to the lowest bidder, Stevensville Lawn Service, in the amount of $283,519.00 excluding HST; and, 2. That the Mayor and City Clerk be authorized to execute all required contract documents and licences. EXECUTIVE SUMMARY The Millennium Recreation Trail was first established in 2000 with the primary purpose of providing an accessible off-road, multi-purpose link traversing the, urban area of the City. Council directed staff to advance the design and construction of Section 6 earlier this year. This contract will include site grading, a paved asphalt trail, new fencing along the OPG Hydro Canal, drainage improvements, landscaping, and park furnishings. The construction is anticipated to start in mid-October and be completed by the spring of 2016. The purpose of this report is to request Council's authorization to award the construction contract to the low bidder, amend the budget to sufficiently fund the project, and to execute the contract documents and licenses needed to construct the works. BACKGROUND At its meeting on May 10th, 2016, City Council approved funding Millennium Trail. Staff engaged the services of CIMA Canada Inc. to assist in the preparation of the technical elements of the contract, including the public consultation process. A Public Information Centre was held on Wednesday, July 20th, 2016, to invite feedback from residents living 2 MW -2016-40 September 27, 2016 in the area. Additionally, on-site meetings were arranged with interested homeowners to discuss any concerns they had regarding security, access, landscaping, and maintenance standards. ANALYSIS/RATIONALE Tender 2016-409-16 was issued for the construction of Section 6 of the Millennium Recreation Trail. Section 6 is located between Lundy's Lane and Royal Manor Drive (refer to attached map). During the design phase, staff identified the need to examine opportunities to cross the QEW corridor at Dorchester Rd. This involved additional discussions with representatives from the MTO requiring additional consulting services. The cost of the scope change has been accommodated within the approved budget. Staff has also coordinated some of the fence removal and replacement with the OPG resulting in some cost savings. These have been used to offset the scope changes referenced above. Five (5) companies picked up the tender documents and five (5) bids were submitted. The Tender submissions were opened in the presence of City Clerk Mr. Dean lorfida and the Manager of Supply & Services Mr. Dave Butyniec on Tuesday, September 20th, 2016. Listed below is a summary of the total tender prices, excluding HST.. Company Name City Tender Price Corrected Bid Stevensville Lawn Service Stevensville $283,819.00 $283,519.00 CRL Campbell Construction Wainfleet $300,576.75 $300,113.95 Anthony's Excavating Wellandport $321,808.00 $320,408.00 Newman Bros. Limited St. Catharines $418,818.00 -- CSL Group Ancaster DISQUALIFIED The lowest tender was received from Stevensville Lawn Service in the amount of $283,519.00 (excluding HST). This contractor has previously performed projects for the City of Niagara Falls with good results, and is recommended for this contract. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Council -approved budget for this project was $615,000. A Construction and Licence Agreement between the City and OPG, similar to that required with previous phases, will need to be executed by the Mayor and Clerk. Municipal Works staff is investigating opportunities to mitigate the unknown impact of increased maintenance costs through operating efficiencies. 3 CITY'S STRATEGIC COMMITMENT MW -2016-40 September 27, 2016 Implementation of this project meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS 1. Project Location Map Recommended by: Respectfully submitted Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer CARLTON AVE. PRI CEEDWAR'AVE. WOODLAND BLVD DORCHESTER RD. CUVIELLE CT. 'S380 ?LIVID IVNVO ONOAH QUEEN ELIZABETH WAY BELMONT AVE. MAGNOLIA DR. SHERRI AVE KIRKLAND DR. PITTON RD, ELDORADO AVE. BELAIRE AVE. SCHEDULE "A" NiagaraMAN REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW -2016-39 September 27, 2016 SUBJECT: MW -2016-39 Tennis and Basketball Service Delivery Review Information Report RECOMMENDATION 1. That staff be directed to commence with the public engagement process and incorporate the feedback into a future report for Council's consideration. EXECUTIVE SUMMARY The Tennis and Basketball Service Delivery Review is a comprehensive, internal review of all services and activities related to the public outdoor tennis and basketball courts owned and operated by the City of Niagara Falls. The review analyzed the existing conditions and distribution of tennis and basketball courts throughout the City of Niagara Falls. Furthermore it compares them to guiding documents such as the Strategic Plan for the Provision of Parks, Recreation, Arts & Culture and the Official Plan. Based on Park service level standards it was found that Niagara Falls has an oversupply of tennis courts and an undersupply of basketball/multi-purpose courts. !n addition the geographic distribution of these facilities City-wide is poor. City staff are preparing a public consultation process that will engage citizens through a variety of media. This public consultation is planned for Fall 2016. BACKGROUND The City of Niagara Falls Strategic Plan for the Provision of Recreation, Arts & Culture (2007 final report) gives direction through Action Plan #2 (Prepare a Management Plan for Unsupervised Facilities) to develop and support facilities that ensure active engagement of youth. Tennis and basketball courts are part of these types of facilities. Municipal Works undertook the Service Delivery Review to assist in developing a long term plan that will improve community accessibility and playability of public outdoor basketball and tennis courts throughout the City of Niagara Falls. The objective of this plan is to recommend the type, number and location of future basketball and tennis 2 MW -2016-39 September 27, 2016 courts that will provide the highest level of service to the public, while promoting the longevity and ease of maintenance of tennis and basketball courts for years to come. Numerous City owned tennis courts and basketball courts will require refurbishment over the next 10 years. A key component of this service delivery review is to ensure that the City is investing wisely in these facilities. ANALYSIS/RATIONALE The Tennis and Basketball Service Delivery Review looked at; • Achieving compliance with existing City policies documents. • Improving customer service by making facilities easier to access. • Enhancing playability of facilities. • Improving public awareness of recreational opportunities. • Developing a strategy to minimize and stage capital improvement costs. • Improve ease of facility maintenance. To date the findings of the service delivery review recommend that over a 10 year planning horizon; • 18 tennis courts at 9 locations be established or renovated. • 19 tennis courts at 10 locations be phased out of service or converted to another type recreational facility based on community needs. • 13 basketball/multi-purpose courts at 13 locations be established or renovated. Upon completion of the public engagement process, City staff will present an updated draft of the Tennis and Basketball Service Delivery Review for Niagara Falls City Council consideration. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The cost of the review was included in the 2016 operating budget. Future capital reinvestment decisions will be made once the review is completed and in consideration with the Corporate Asset Plan and reinvestment priorities. No staffing or legal implications are anticipated. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by implementing the City's Strategic Plan for the provision of Parks, Recreation, Arts and Culture. 3 LIST OF ATTACHMENTS MW -2016-39 September 27, 2016 1. City of Niagara Falls Tennis and Basketball Service Delivery Review, September 2016 Draft 2. Future Tennis Court Distribution (map) 3. Future Basketball Court Distribution (map) Recommended by: Geoff Holman, Director of Municipal Works I , I Respectfully submitted• David Antonsen Ken Todd, Chief Administrative Officer EXECUTIVE SUMMARY The Tennis and Basketball Service Delivery Review is a comprehensive, internal review of all services and activities related to the tennis and basketball courts owned and operated by the City of Niagara Falls. The review analyzed the existing conditions and distribution of tennis and basketball courts throughout the City of Niagara Falls. Furthermore it compares them to guiding documents such as the Strategic Pian for the Provision of Parks, Recreation, Arts & Culture and the Official Plan. From this it was determined that there is currently a surplus of tennis courts and a deficit of multipurpose play courts that includes basketball courts. Below is a table that shows the services that are currentlyp€atided compare to the service standard. *Cit of Niasara Falls 2011 Population: 82,997 Table 1: Existing Services Provided Research was done to compare the Ci p f Niagara -=Falls' vice level standards to other municipalities. Per ca wtt-wa&found tFtNiaq ts_has-ene of the highest number of existing tennis courtrldingsadiscovethe rrf ity of other municipalities had at least one or more terrlis courf--_aacilities tMrwere lit to extend the play period. One municipality created a hig qua members- ly' court. Other studies that helped to clarify recommendatrorrsincluded tVintt ked at apopularity of tennis and basketball as well as statics orrrncome-dtstrrbuti tiroughoti tEtecity€ It was de mined that th fbllowirg nteria best represented the above mentioned findings: Tenn criteria = 1. 2. 3. 4. 5. Tennis courts are -to be evenly distributed throughout the community planning distFU%t.accordin o the 1:4000 (court: population) standard set out by the Parks arnihRecreat n Strategic Plan. Tennis cocas ft7 be located in City -Wide or community parks as outlined in the Official Pfau Tennis Courts are to be located in an area that has parking on site Tennis Courts are to be located where beneficial supporting facilities exist (ex. Restrooms, concessions, electricity etc.) Preference is given to locations with city staff on site for ease of maintenance Basketball Criteria 1. Basketball courts are to be evenly distributed throughout the community planning districts according to the 1:2500 (court: population) standard set out by the Parks and Recreation Strategic Plan. 50% of these courts must be City of Niagara Falls Tennis and Basketball Service Delivery Review September 2016 - Draft $905,000 The Gale Center. 5 multipurpose play courts to comply with the standard. 2. Full Basketball courts are preferred in City -Wide and Community parks according to the Official Plan 3. Half courts in conjunction with multipurpose play courts are encouraged in Neighbourhood parks Based on the above criteria the following phase in and phase out action plans and budgeting are recommended: Ntectiaiq Firemen °1 WL. Houck M:F. Ker Existing- 3 4 1€tsting- 4 IMEraSI Exis i - xisting- 2 Total 10 Year Estimate: $150,000 $65,000 $65,000 $115,000 $115,000 $115,000 $65,000 $95,000 Table 2: Tennis Court Phase In TIFYear Priorits List Table 3: Tennis Court Phase Out 10 Year Priority List City of Niagara Falls Tennis and Basketball Service Delivery Review September 2016 - Draft Neighbourhood $7,500 Oitth • ` 2 — F;;FI ill er 2 = Neighbourhood $7,500 ere se r 2 Neighbourhood $7,500 Cherry hill 2 Neighbourhood $7,500 Glengate :2 Neighbourhood $7,500 Lind Sommerville Neighbourhood $7,500 - -- Medowvale 1 Neighbourhood $4,000 Glenview 2 Neighbourhood $7,500 Riverview 2 Neighbourhood $7,500 Fern 2 Neighbourhood $7,500 Total 10 Year Estimate: $71,500 Table 3: Tennis Court Phase Out 10 Year Priority List City of Niagara Falls Tennis and Basketball Service Delivery Review September 2016 - Draft 6 aC Full 1231=111111111 (];Q(�Medowvale ,(28) Corohatio'h,; 2) rz Caro (9iTheresa s (0fGtenyiew `:`, (30) Fern; t31Rwervtegv_y j29),Ronce E Half Full- Multiuse Half- Multiuse Half Multiuse New New Existing New New New Nen New Total 10 Year Estimate: $60,000 $55,000 $55,000 $70,000 $55,000 $40,000 $40,000 $55,000 $50,000 $70,000 $50,000 $50,000 $50,000 $700,000 Table 4: Basketball Court Phase In 10 Year Priority List *Please note a complete list that projects beycnttkthe 10 year ho honzaead in Section F ofTFtdocument. Additionally final decisions should be based on an updated ra at_�xisting condrtionan the possibility to combine with other park related projects for possible cost savings and efficiencies. — - — There are no basketball courts requirinWaase otuattathin th tyear planning horizon. 'krTejluFfrfiei2 Tertif, . Total 10 Ye&Estimate: $170,000 =—$182,500 =_ $$-76,500 $700,000 $592,500 $576,500 $507,500 $1,676,500 Table 5: Total -FU ear ImplementatWnBudgef=Summary City of Niagara Falls Tennis and Basketball Service Delivery Review September 2016 - Draft Future Tennis Court Distribution Location Map Future locations of Tennis courts: ® Morn )Carmel Park • Firemens Park (2 courts) • M.F. u'rfSP) KK r Park l2 bo ®E.E. Mitchelson Park (1 court) ® (,he GIIa)le Center �n/'cou al ® li 4ouck Park • A.J. Mckinley Park (1 court) • 2F,Li sip Community Center cou • Pince)Charles Park ® A.G. Bridge Park (4 courts) Chippawa Lions Park (3 courts) co --=y ype ▪ Pubic Elementary • Separate Elementary m. Pubic Secondary • Separate Secondary O Post Secondary *, Speciaky Separate Adult beaming Future Basketball Court Distribution Location Ma. Future locations of Basketball courts: 1 Mount Carmel Park (fun) Alpine Park (hair, mum) Preakness Park (halt) RF Keighan Park (half, multi) El Valour Park (hait multi) 6 Firemen's Park (run) Solar Park (half, mum) Lind Sommerville Park (half, multi) Theresa Park (half, multi) Medowvale Park (half) 11 EE Mitchelson Park (rull) 12 Carolyn Park (full) IM Balmoral Park (haft muni) Maple Street Park (halt, muni) 1.5 AJ Mckinley Park (full) 16 W.L. Houck Park (full) 1:7 Glenview Park (fun, multi) Y'={ Deerfield Park (half, multi) Garner Park (half) Bambi Park (halt multi) PM Gustavus Munro Park (half] 22 John N. Allan Park (two 23 Prince Charles Park (ruin 24 A.G. Bridge Park (fun) El Crimson Park (hall) CB Wright Park (half, multi) Westfield Park (half, multi) El Coronation Park (halt) Prince Edward Park (half, muh Fern Park (half, multi) 3S Patrick Cummings Park (full) 32 Chippawa Lions Park (tun, mu Riverview Park (halt multi) MW -2016-29 NiagaraJ3alls September 27th, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW -2016-29 Claims Procedure on Capital Projects RECOMMENDATION That this report be received by Council for information. EXECUTIVE SUMMARY A review of current practises for handling claims related to capital construction projects has resulted in process improvements that will streamline claim submissions, improve response time and clarify claimant understanding of the process. BACKGROUND There are currently two broad categories of claims related to City business, those that are associated to capital construction projects and those that are not. Claims that are not related to capital construction projects are received through the City Clerk and addressed by the Risk Management Group through a process outlined on the City's website (Attachment 1). Claims related to capital construction projects are addressed through conditions within the City's construction contracts that reference both contract and construction specifications within the Niagara Peninsula Standard Contract (NPSCD) and the Ontario Provincial Standards (OPS). These specifications require contractors to respond to claimants in writing within thirty (30) days of receipt of claim, with a decision of liability. However, the majority of construction related claims are addressed through on-site discussions between the contractor and claimant. As such and in the absence of a formal documentation process, City staff may be unaware of an occurrence, the related details and/or the contractor's response. In cases that claims are not satisfactorily resolved by the contractor, claimants are advised to make a submission to the City's Clerk. To that point there may be very little in the way of supporting documentation of the occurrence or any record of contractor action and/or response time. Claimants are essentially left to start the claims process over again. September 27th, 2016 2 MW -2016-29 ANALYSIS/RATIONALE The proposed Claims Process Flowchart (Attachment 2) will assist staff, contractors and claimants in understanding how to submit a construction related claim. Claimants will submit their documentation with both the contractor and the City Clerk at the time. By circulating staff at the start of the process, contractor response time may be tracked. In the case that the contractor fails to resolve the matter to the claimant's satisfaction, the City's Risk Management Group can review the claim without delay or additional submissions by the claimant. The proposed Construction Related Notice of Claim (Attachment 3) will assist claimants in preparing their initial submission to the contractor (and City Clerk). Documenting the occurrence thoroughly in the initial submission will negate the need for claimants to "start again" in the event that the matter is advanced by City staff. References to these process improvements may be included on the City's website and samples of both documents will be included within the City's construction contract specifications. Construction inspectors will also be advised of the construction related claims process so that they can share this information with claimants if approached on-site. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Finance (Risk Management) and Municipal Works staff have reviewed the proposed process improvements. The improvements will not impact the responsibility of contractors as currently specified with construction specifications. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to provide good customer service. LIST OF ATTACHMENTS 1. Claims Submissions to Clerk's Department (City Website) 2. Claims Process Flowchart 3. Construction Related Notice of Claim Recommended by: Respectfully submitted: Sherri -Marie Millar, P.Eng. or " in Geoff Holman, Dire of icipal Works Ken Todd, (Chief Administrative Officer MW -2016-29 Attachment 1 — Claims Process Inemee Bid OrppaturdF,os Budget....., _. Ctaini to the City Francini Statements Municipal Performance Property Taxes Senior Walecpropeny Tax Crede Supply and Sentices Tax Cakulalor Tax Sales... Mata Intotrnalion Claims to the City IVitnsten S.Attt l+v<vsp cm...w q:,. it trantat4 The Coy of Niagara Falls Risk Management Team investigates and responds lo the darns made aganst the City All claims made against the Cfly must bo filed in accordance with the tolbwing. 1. Time Limits for Filing a Claim It a Heim Involves the naittenarce ora nagikviry purstan4 to One kfciaupaf Act, 2001 SOeboo 44 (NO) you nava ten (10) days from the date of an occurrence within which to Ole your claim in writing with the City. 2. Notice of Claim in writing When Ming a notice Ot claim with the City. 4 must to submitted an writing and oust contain me tenoning mtormatbn. • nein, address and n 4,49 arm, number of the parson making the cam • if your mages irritates a vehicle please prarde make, Tindal and year. The owner of the vehicle must Iron 010 letter. • date a occurrerta (must Inctude: day, month and year) • location of occurrence (i. e. 1111 Main Street Niagara Faile, Cntano) • time Of day when occurrence happened • a brief description of the occurrence • specifically identity eie vane of all kiss sustained as a result of the occurrence (copies of estimates or pard xwoxes) • mictude PHOTO evidence • adcfess your Jetta to the CITY CLERK • syn your lotion • ate your Letter Please note: 0 wens mast len sttun tted m wan; and carnet be accepted Itrough ornad or fax 3. Serving your Claim on the City Once you have created a vtntten fAOCO 01 claim. 1 must be ser+ed an the C: ty by delnertng n in person a sender:It by registered mail to'. The Corporation of tr4 City of Niagara Fats Cleats Department 4310 Oaten Street P O Dox 1023 Niagara Fats. Ontario L2E 6X5 Should you have any questions, please contact the Risk Management Administrator at 905466-7621, extension 4241 (REF.: https://www.niagarafalls.ca/city-hall/finance/claims-to-the-city.aspx) MW -2016-29 Attachment 2 — Proposed Flowchart Niagara,}?nlls Resident Can Seek Independent Legal Advise NO CLAIMS PROCESS FLOWCHART' Occurance Claimant Prepares Claim (as derailed) Is Claim Related to a Capital Construction Project? ES NO + Resident Files Claim w/ City Clerk Forwarded to Risk Management Group 4, Claim is Investigated by City's Insurance Adjuster Claimant Submits Claim to Contractor & Files with city Clerk NO Contractor Provides Determination of Liability within 30 Days" NO 4, (YES Risk Managemet Group Notifies Contractor & Copies Insurance Company 4, Claim is Investigated by Contractor or Contractor's Independent Adjuster y Matter Resolved to Claimant's Satisfaction YES Claimant's Release Matter Resolved to Claimant's Satisfaction YES " May or may not require Contractor' Adjuster based on Nature/Scope of the Claim MW -2016-29 Attachment 3 — Notice of Claim NiagarafrIJs CONSTRUCTION RELATED NOTICE OF CLAIM If your claim is related to the referenced Capital Construction Project, please complete this form and Me with both the City and Contrador as noted. CONTRACT NO.: 20%X400f-XX tssi CONTRACT NAME: LOCATION: CONTRACTOR: CITY CONTACT: To be filled out by PM 905-356-7521 Ext. XXXX NAME: FADDRESS:......... 5 PHONE NUMBER: E-MAIL: OCCURANCE DATE (DIMfY): APPROXIMATE TIME LOCATION/ADDRESS: IF OCCURANCE INVOLVES A VEHICLE: VALUE OF LOSS: (Attach Estimates/Invoices) MAKE MODEL YEAR DESCRIPTION OF OCCURANCE (Attach Photo Evidence): SUBMITTED BY: Name (Print) Signature Date/Time This signed and dated notice of claim must be fled with both the Contrador and the City by delivering it in person or sending it by registered mad to: Contractor Contractor Project Manager Address r To befledout byPM The Corporation of the City of Niagara Fans Clerk's Department & 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Niagarajf eaxnna REPORT TO: SUBMITTED BY: SUBJECT: PBD -2016-46 September 27, 2016 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2016-46 PLC -2015-005, Request for Removal of Part Lot Control Lot 60, Registered Plan M-90 Parts 1 and 2, Plan 59R-15418 (6222-6228 Giovina Drive) Moretta Estates Plan of Subdivision Applicant: Mario Chan Agent: Al Heywood (Matthews, Cameron, Heywood -Kerry T. Howe Surveying Limited) RECOMMENDATION That Council approve the request and pass the by-law included in tonight's agenda to designate Lot 60 on Registered Plan M-90, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Mario Chan has requested Council to pass a by-law to exempt Lot 60, Plan M-60 (6222- 6228 Giovina Drive) from being subject to Part Lot Control to allow the sale of the individual dwelling units in an existing semi-detached dwelling. 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 lot is located within a registered subdivision; the zoning permits the proposed parcel sizes; and the by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each to be sold. BACKGROUND Proposal Mario Chan has submitted a request to have Part Lot Control removed from Lot 60 (south side of Giovina Drive) Plan M-90, in the Moretta Estates subdivision. 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 of the existing semi-detached dwelling units. Refer to Schedule 2 for further detail. 2 ANALYSIS PBD -2016-46 September 27, 2016 The subject lands are located within the Moretta Estates subdivision (M-90) which was registered in 1981. The subdivision was designed and approved for detached dwellings. The subject lands are zoned Residential Single and Two Family (R2-923) by Zoning By- law No. 79-200, as amended by By-law No. 2010-164. The semi-detached dwelling and the proposed parcels comply with the zoning regulations. City's Municipal Services and Building Services have confirmed that each unit of the semi-detached dwelling is serviced independently. Finally the applicant has also provided certification letter from a master plumber confirming separate services for each dwelling unit. The semi-detached dwelling and the proposed parcel configurations are shown on the attached reference plan (Schedule 2). 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 semi-detached dwelling unit can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. FINANCIAL IMPLICATIONS As the semi-detached dwelling already exists, there are no financial implications. 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 — Proposed Lots Recommended by: At, ekski6) Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted. 1 Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2016\PBD-2016-46, PLC -2015-005, Request Removal Part Lot Control, 6222-6228 Giovina Dr.docx 3 SCHEDULE 1 PBD -2016-46 September 27, 2016 Location Map 1615 Subject Land 4 PBD -2016-46 September 27, 2016 SCHEDULE 2 2 w 00.8.0.= WII0-9113,0 1114 d(lNZAY 7II11d ;LS irk/ NOOVJ mw-w+w lad a�xomx OMNI slur 66i cw. a tit= 19 107 09 107 Niagaraflalls LAN404 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-47 September 27, 2016 SUBJECT: PBD -2016-47 26CD-11-2016-04, Proposed Plan of Condominium 4644 Pettit Avenue Applicant: 1006057 Ontario Limited. (George Bandi) Agent: AI Heywood (Matthews, Cameron, Heywood Surveying Ltd.) RECOMMENDATION 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY George Bandi has applied to divide the apartment building, currently under construction, into 70 dwelling units by registering a Plan of Condominium on the lands. Planning staff recommends the application for the following reasons: • the Plan of Condominium will allow individual ownership of the units; • the condominium will provide housing choices to City residents and will contribute to the City's required 3 year short term housing supply; • all applicable planning policies have been applied to the project and there are no outstanding matters that need to be addressed by further public input; and • City interests will be addressed through the fulfillment of conditions contained in Appendix 1. 2 BACKGROUND Proposal PBD -2016-47 September 27, 2016 The applicant proposes to register a Standard Plan of Condominium on the 1.9 hectare (4.8 acre) parcel of land known as 4644 Pettit Avenue. Refer to Schedule 1 to locate the parcel. Site plan approval was granted in December, 2013 for the apartment building being built on the lands. The shell of the building is completed and interior walls are now being finished. The condominium will permit individual ownership of the 70 dwelling units and the detached garages. The driveway, surface parking area, amenity area and landscaped open space will be owned in common by the condominium. Schedule 2 illustrates the layout of the project. Circulation Comments • Regional Municipality of Niagara No objections, subject to meeting the conditions listed in Appendix 1. • Municipal Works, Fire Services No objections, subject to meeting the conditions listed in Appendix 1. ANALYSIS/RATIONALE The subject lands are currently zoned Residential Apartment 5A Density with special regulations (R5A-300), in accordance with By-law No. 79-200, as amended by By-law No. 90-308. The R5A-300 zone permits a 3 storey, 69 unit apartment building on the lands which is currently under construction. The applicant recently received approval from the Committee of Adjustment (A-2016-037) to allow the building to contain 70 dwelling units. Site plan approval was granted for the project in 2013. Building Permits have been issued and the project is proceeding in accordance with the approved plans. Final grading and landscaping are still required to be completed. The City is holding a Letter of Credit (LC) to ensure compliance with the Site Plan Agreement. The LC will not be released until all the site works are completed to the City's satisfaction. To ensure site works are completed when ownership is transferred to a condominium corporation, Staff recommend the inclusion of a condition requiring substantial completion and certification of these site works prior to final plan approval. The majority of the standard development issues, including land use, servicing and grading, transportation and landscaping have been addressed in previous Planning approvals (Zoning and Site Plan). Therefore, the conditions of approval are generally limited to the designation of a fire route, the provision of a community mail box and Bell Canada services, provision of any necessary facilities and easements to Enbridge and CN Rail, the payment of cash -in -lieu of parkland dedication, and a final review to confirm zoning and site plan compliance prior to registration of the condominium. With the clearance of these conditions, the proposed condominium will meet all applicable City policies. 3 PBD -2016-47 September 27, 2016 Under Provincial regulations, public notice and the holding of a public meeting are not required prior to Council approving a Standard Plan of Condominium. Matters of public interest where addressed at the zoning approval stage. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed condominium will generate revenue through property taxes and the payment of cash -in -lieu of parkland dedication. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By-law No. 79-200, as amended. LIST OF ATTACHMENTS ➢ Schedule 1 - Location Map ➢ Schedule 2 - Condominium Site Plan ➢ Appendix 1 - Conditions of Draft Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2016\PBD-2016-47, 26CD-11-2016-004, 4644 Pettit Av.docx 4 PBD -2016-47 September 27, 2016 SCHEDULE 1 Subject Land 5 PBD -2016-47 September 27, 2016 SCHEDULE 2 6 PBD -2016-47 September 27, 2016 APPENDIX 1 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 26, 2016, showing 70 units for townhouses as well as common element areas for private roadways and landscaping. 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property. 5. The developer submit to the City all necessary drawings and information to confirm zoning and confirm substantial completion and certification of site works in accordance with the site plan agreement. 6. That Canada Post will provide mail delivery service to the condominium through a centralized Lock Box assembly. The policy requires that the owner/developer provide a centralized mail facility (Lock Box Assembly) at their expense. The lock box assembly must be installed within a common lobby, common indoor or sheltered space. 7. The developer satisfy any necessary requirements of Canada Post regarding, timing of construction and identification of Lock Box assembly. 8. The developer agrees in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 9. 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, installation of gas piping and subsequent completion of landscaping, grading and paving and providing cross section and field survey information, and service and meter installation details. 10. Safety setback of habitable buildings from the railway rights-of-way to be a minimum of 30 metres in conjunction with a safety berm. The safety berm shall be 7 PBD -2016-47 September 27, 2016 adjoining and parallel to the railway rights-of-way with returns at the ends, 2.5 metres above grade at the property line, with side slopes not steeper than 2.5 to 1. 11. The Owner shall install and maintain a chain link fence of minimum 1.83 metre height along the mutual property line. 12. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 13. Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. 14. The Owner shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety berm, fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. 15. The Owner shall enter into an Agreement with CN stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. 16. The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. 17. That the following noise warning clauses be included in the condominium agreement between the owner and the City and all Offers and Agreements of Purchase and Sale or Lease for any units within the development: "Purchasers/tenants are advised that sound levels due to increasing rail traffic may occasionally interfere with some activities of the dwelling unit occupants as the sound levels exceed the Ministry of the Environment's noise criteria." 8 PBD -2016-47 September 27, 2016 "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing rail traffic may on occasions interfere with some activities of the dwelling unit occupants as the sound levels exceed the Ministry of the Environment's noise criteria." "This dwelling unit has been fitting with a forced air heating system and the ducting etc., was sized to accommodate central air conditioning. Installation of central air conditioning will allow windows and exterior doors to remain closed thereby ensuring that the indoor sound levels are within the criteria of the Ministry of the Environment. (Note: the location and installation of the outdoor air conditioning device should be done so as to minimize the noise impacts and comply with criteria of the MOE publication NPC -216, Residential Air Conditioning Devices.)" "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of Environment's noise criteria." "Purchasers/tenants are advised that due to the proximity of this dwelling to the nearby railway tracks, vibrations from rail passbys may occasionally be perceptible within this unit." 18. That the development conform to the Regional Municipality of Niagara's Policy C3.C17, Collection of Material By Way of Entry on Private Property OR That the following waste collection warning clause be included in the condominium agreement between the owner and the City and all Offers and Agreement of Purchase and Sale or Lease for any units within the development. "Purchaser/tenants are advised that 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. Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Canada Post for Conditions 6 and 7. Bell Canada for Condition 8. Enbridge Gas Distribution Inc. for Condition 9. CN for Conditions 10 to 16 (Inclusive) Region of Niagara 17 and 18 NiagarafgJ REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Building Services PBD -2016-51 September 27, 2016 SUBJECT: PBD -2016-51 Second Floor Administration and Committee Room Renovations City Hall — 4310 Queen Street RECOMMENDATION 1. The contract be awarded to Scott Construction at the quotation price submitted of $389,442.92 plus H.S.T. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council approved the amended Capital Budget for the Project including the additional funding of $127,813 from the Capital/Operating Reserves. EXECUTIVE SUMMARY The 2016 budget approved for the renovations of the second floor Administration and Committee Room. The work is being undertaken to make the space barrier free and fully accessible while simultaneously allowing the office area to be made more functionally efficient for staff and visitors. The original estimated budget was $342,000. The initial tender came in substantially over budget and the Architect then scaled back the design elements of the renovation. A second tender was called and the final day of submission was Thursday, August 18, 2016. The results of the bids are: Scott Construction - Serianni Construction - Niacon Ltd. - $389,442 plus H.S.T. $415,000 plus H.S.T. $453,345 plus H.S.T. The Architect, Peter Lesdow will be working with the successful bidder to find further cost reductions. BACKGROUND City Hall is approximately 46 years old. The second floor Administration and Committee Room area did undergo minor renovations in the mid to late 80's. Committee Room 1 is 2 PBD -2016-51 September 27, 2016 still the original from when City Hall was built other than painting and carpet from the 80's. These renovations to make the space barrier free and accessible provides an opportunity to update the finishes and aesthetics to improve first impressions of guests and investors attending City Hall on official business. ANALYSIS/RATIONALE The lowest quotation was received from Scott Construction. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The project was approved in the 2015 Capital Budget. As indicated previously, the original tender was significantly higher and consequently the scope of work was revised. The second tender reflects the costs required to complete the revised scope and the architects fee. There is additional funds required. Staff recommend using the Capital/Operating reserve for the extra amount of $127,813. CITY'S STRATEGIC COMMITMENT This is in compliance with the City's Strategic Priority to improve its organizational efficiency and effectiveness. LIST OF ATTACHMENTS ➢ Appendix 1 - Revised Capital Budget — Second Floor Administration and Committee Room Recommended by: ne40 t tea) Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted. C.Mignelli:lk Attach. Ken Todd, Chief Administrative Officer S:\PDR\2016\PBD-2016-51, Mayor's Office Renovations.docx APPENDIX 1 Capital Budget Worksheet 2016 Department Planning, Building and Development - Building Services Project Name Second Floor Administration and Committee Room Project I.D. # Project Description Renovations due to accessibility requirements Projected Start Date: Opening Balance -Jan 01 (seminal/deficit EXPENDITURES Engineering Fees/Desigr/Studies Land/BuildinglFumilure/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surpiusydeficit Priority (1-3) Included in 10 year Capital Plan (y/n) YEAR 2016 YEAR 2017 YEAR 2018 YEAR 2019 YEAR 2020 73,517 396,296 469,813 469,813 469,813 Niagarafalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-52 September 27, 2016 SUBJECT: PBD -2016-52 GTY-2016-007, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 7790 Blackburn Parkway Cantex Distribution Inc. (David Qureshi) RECOMMENDATION 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 7790 Blackburn Parkway subject to the Owner satisfying the program requirements. 2. That Council approve the use of the Capital / Operating reserve to offset the approximate planning and building permit fees of $25,110. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri -party grant agreement. EXECUTIVE SUMMARY The application can be supported as: the lands are located within the Montrose Industrial Park and are designated as employment lands in the City's Official Plan; it meets the minimum point eligibility requirements for the Niagara Gateway Community Improvement Plan and the Municipal Employment Incentive Program; the development will bring a combination of investment and new employment to the City and Region. BACKGROUND Cantex Distribution Inc. is a wholesale distribution company based in Niagara Falls that began selling towels and linen imports to local hospitality clients and has since expanded into products such as bed, bath and table linens, uniforms and healthcare supplies. The Company wishes to construct a new manufacturing and warehouse facility on Blackburn Parkway that will provide the expanding company with a larger facility to better control 2 PBD -2016-52 September 27, 2016 inventory (inventory is currently spread across 3 independent warehouse facilities); pick, pack and ship orders quicker; and allow the company to host more manufacturing machinery, processes and employees. All offices for management, customer service and administrative staff are to be located in the new facility. The applicant has estimated a project investment of $2,400,000 through the purchase of the lands, construction, new equipment and operational costs. The expansion is expected to create 10 new full time jobs while retaining the 5 full time jobs currently with the company. An application for the tax increment based tax incentive under the Niagara Gateway Community Improvement Plan has been submitted by Cantex Distribution Inc. An application has also been submitted under the City's Municipal Employment Incentive Program which is available for those applications that have met the eligibility requirements under the Gateway CIP. The applicant has entered into a site plan control agreement with the City. ANALYSIS/RATIONALE The Niagara Gateway Economic Zone Community Improvement Plan (Gateway CIP) was initiated by the Niagara Region to achieve the goals of the Province's Growth Plan to: revitalize, diversify and strengthen the economy in Niagara by promoting development of the employments lands in the Gateway Economic Zone. The Region's Gateway CIP was adopted in 2013 and the City approved a corresponding Gateway soon after. Development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuses that result in an increase in assessed value and property taxes for employment uses are eligible for the tax increment based grant (TIBG) under the Gateway CIP. Eligibility The Gateway CIP includes a tax increment based grant for new or expanding employment uses within areas designated for employment uses in the City's Official Plan. The Blackburn Parkway site is located within the City's Montrose Business Park which has been identified as employment lands and designated industrial in the Official Plan. The site is further identified as a Strategic Investment Location under the Gateway CIP. Eligibility under the Gateway Grant program is based on a point formula attributed to construction value, full time employees created or retained and smart growth design criteria. The total of these points correspond to the level of the tax increment based grant offered. Based on the preconstruction estimates submitted by the applicant, a possible rebate of 60% of the increased tax assessment resulting from the development is available. The applicant has indicated intent to satisfy all possible site design criteria (see Appendix B). The final number cannot be determined until confirmation of the actual jobs created, design criteria met, and any other relevant program requirements. 3 PBD -2016-52 September 27, 2016 The City's Municipal Employment Incentive Program (MEIP) offers further incentives to those applicants who have been deemed eligible under the Gateway CIP. These further incentives include planning application fee exemptions, building permit rebates and a study grant. The applicant has submitted an application for a Building Permit Rebate under the MEIP. This incentive offers a rebate of 100% of the building permit fee to a maximum of $50,000, subject to the availability of funding. Grant Period The subject lands are located within the Strategic Investment Location of the Gateway CIP and, as such, the TIBG is available for a term of up to 10 years on both the Regional and City portion of the tax increment. It is noted that the education tax is not included within the grant. Process As a joint program between the City and the Niagara Region, the approval of City Council is required prior to Regional review. If approved, the applicant must enter into a Tri -Party Agreement with the City and Region outlining the terms and conditions of the funding. This agreement would be authorized and signed by the Mayor and Clerk and forwarded to the Region for signature. The payment of grants commence upon verification of the program requirements and reassessment of the property MPAC (Municipal Property Assessment Corporation). Applicants are given 365 days from the issuance of an occupancy permit within which to contact the City regarding the achievement of the eligibility points outlined in their submission. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The property owner has a series of incentives available on this project. It's anticipated that there will be approximately $25,110.00 of applicable planning and building permit fees that will be offset with a transfer of capital/operating reserves. This transfer is a requirement of the building legislation. Similarly, the program provides the applicant with an offset of development charges (DC's), however since the investment is industrial, the DC's are not applicable. Lastly, the property owner will receive a Tax Increment Based Grant. This grant will be provided when the construction is completed and The Municipal Property Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. CITY'S STRATEGIC COMMITMENT The City's Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment and employment for the City. LIST OF ATTACHMENTS 4 PBD -2016-52 September 27, 2016 ➢ Appendix A — Location map ➢ Appendix B — Site Plan Recommended by: Respectfully submitted' Sr Ken Todd, ief'Administrative Officer 4166 Lit); o Alex HerlovitcDirector of Planning, Building & Development F.Berardi:mb Attach. S:\PDR\2016\PBD-2016-52, GTY-2016-007, 7790 Blackburn Parkway,.docx PBD -2016-52 September 27, 2016 APPENDIX A tiCie:acio8ar : ei- a------. Queen EIzabeth I- , - i: _ t 4 Queen Elizabeth Vial • it• •• PBD -2016-52 September 27, 2016 APPENDIX B PROPOSED BUILDING; (AREA=±21715 SM) RECREATION & CULTURE Inter -Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: September 20, 2016 Re: Awards at Council — Tuesday, September 27, 2016 Niagara Falls Native Shelley Gautier — Bronze Medalist at Rio 2016 Paralympics Niagara Falls Native Shelley Gautier has done it again! Shelley Gautier won a bronze medal at the Rio 2016 Paralympics in Rio de Janeiro, Brazil in the combined Women's T1-T2 category for the 15 kilometre time trial. Gautier was the only T1 in the competition, racing against T2 rivals, and recorded a time of 26 minutes and 50.87 seconds. Gautier was 39.47 seconds behind gold medal winner Carol Cooke of Australia, with Jill Walsh of the United States taking the silver medal, 1.2 seconds faster than Gautier. Shelley's quote from Cycling Canada: "It's hard (being the only T1), but I came in third, so I think I did okay," said Gautier. "My goal was a medal and that's what I did, so I'm happy. I was hoping for a medal, but as a T1 rider I am more disabled than the T2's, so I could just do the best I could." A few important points: • Shelley is the only Ontario T-1 cyclist to win a medal at the Rio 2016 Paralympic Games • Shelley is the only T-1 Canadian Female Cyclist to win a medal at the Rio 2016 Paralympic Games • Shelley is the only T-1 rider from any country in the world to win a medal at the Rio 2016 Paralympic Games. • The Factoring system of the Paralympic Games allows people with all different levels of disability to compete fairly for medals at the games. They strive for this fairness for all. Shelley is breaking ground for people with disabilities. Congratulations to Shelley on her Paralympic medal and her outstanding achievements! cc. Dean lorfida, Kathy Moldenhauer A Great City ... For Generations To Come Dean Iorfida From: Terry McDougall <TMcDougall@alzheimerniagara.ca> Sent: Wednesday, September 21, 2016 3:31 PM To: Dean Iorfida Subject: RE: September 27th Council Meeting Attachments: Deputation Script Niagara Falls 2016.pdf Good afternoon Dean. I would like to confirm that Peter Nicholson will appear as our delegate at the Council meeting on September 27th. I have attached his speaking notes for your information. Thank you, Terry From: Dean Iorfida[mailto:diorfida@niagarafalls.ca] Sent: July -14-16 11:09 AM To: Terry McDougall Subject: September 27th Council Meeting Terry: Thanks for the request to appear at the Council meeting noted above. Shouldn't be an issue. I'll be in touch in September. Thanks Dean Dean Iorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) lNiagarlaMILS www.niagarafalis.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 1 Alzheimer Society of Niagara Region — 21St Annual Coffee Break City of Niagara Falls (Mayor Jim Diodati) Presenter: (Peter Nicholson, Board Member, Alzheimer Society Niagara Foundation) Tuesday, September 27 - 5:00 pm Mayor Diodati, members of council, City staff and members of the public, my name is Peter Nicholson, a Board member with the Alzheimer Society Niagara Foundation. I would like to thank you for the opportunity to appear before you this evening and speak to you about our Annual Coffee Break campaign, now in its 21St year. The Niagara Region Chapter of the Alzheimer Society originally inspired Coffee Break, which has become the longest -standing national annual fundraising event. Thousands of Coffee Breaks are held each year and since its inception, has raised more than $19.5 million to support the work of local Alzheimer Societies across Canada. National Coffee Break Day was Thursday, September 15th, and it is expected that more than 10,000 Coffee Breaks took place across the country on that day. In the Niagara Region, our Campaign kicked off that day at 11:30 am with a flag -raising and barbecue at the Niagara Regional Police headquarters in St. Catharines, hosted by this year's Honourary Chair, Chief Jeff McGuire, of the Niagara Regional Police Service. Members of the Niagara Marine Industry Charitable Council were in attendance to jumpstart the campaign with their generous annual donation. What does this campaign mean for the residents of the Niagara Region? In the Niagara Region, there are over 9,640 people experiencing progressive dementia and the number of cases continues to grow. Dementia is an overall term for a set of symptoms that are caused by disorders affecting the brain, the most prevalent of which is Alzheimer's disease. It involves a progressive degeneration of brain cells, beyond what might be expected from normal ageing, for which there is no treatment currently available to cure or alter its course. Symptoms may include memory loss and difficulties with thinking, problem -solving or language, severe enough to reduce a person's ability to perform everyday activities. A person with dementia may also experience changes in mood or behaviour. These symptoms will gradually get worse as more brain cells become damaged and eventually die. Dementia doesn't discriminate - it can affect anyone regardless of background, education, lifestyle or status. The number of Canadians living with dementia is growing - and growing fast. Right now, 564,000 Canadians are living with dementia; in only 16 years, we expect this number to rise to 937,000 - an increase of 66 per cent. In addition, the high cost of the disease will challenge health care systems to deal with the predicted future increase of cases. Currently the combined health- care system and out-of-pocket costs of dementia is estimated at $10.4 billion, and is expected to increase by 60 percent to $16.6 billion by 2031. Dementia is also a health condition with important social implications that impacts our communities. There is often a lack of awareness and understanding of dementia, resulting in stigmatization and barriers to diagnosis and care. The Honourable Rob Nicholson, MP for Niagara Falls, has proposed a private members' bill to establish a national dementia strategy as a solution to tackling the impact of dementia. Its objective, which has since received second reading in the House of Commons, is a strategy focused on research, prevention and improved care to provide solutions and assist those living Alzheimer's disease or dementia, in addition to aiding family members and care partners. A recognized leader in the field of Dementia Care, the Alzheimer Society of Niagara Region works in partnership with those living with dementia, their care partners and the broader community to offer a range of programs and services that provide information, education and support during their difficult journey. Our goal is to enhance safety and independence within the home and community, strengthen resilience and coping capacity, and ensure that people living with dementia continue to participate in family and community life for as long as possible. Our programs respond to the need for individualized and home-based support, education, socialization and resources in the community. Recognizing that a diagnosis of dementia doesn't rob someone of their individuality or their feelings, goes a long way towards respecting and engaging people with this disease and preserving their identity. Organizing or taking part in a Coffee Break event has the potential to 2 raise awareness and encourage discussion about Alzheimer's disease and dementia. Coffee Breaks provide an opportunity to invite your co-workers, clients, customers, friends, family or neighbours to come together to enjoy a cup of coffee or other beverage and even treats at a break time or another social get-together in exchange for making a donation to support the work of your local Alzheimer Society. Hosting a coffee break is fun, easy to organize and a great social opportunity. Our Society supplies a free kit, while each host supplies the people and place. The kit includes coffee for that first pot, promotional signage and literature, as well as a donation box. While many of the Alzheimer Coffee Breaks in Canada were held on the National Day, you are free to choose a date that is more convenient to you, since the Niagara campaign runs from September through to December. All funds raised through Coffee Break stay here in Niagara to support local programs and services. Coffee Break events are held in homes, work places, community centres, schools, churches, city halls, retail outlets - just about anywhere a social gathering can take place, and where coffee, other beverages, or food and goodies can be served and a donation collected. Some of the most successful events have involved doing something a little different. Whether it's an open house, barbecue, raffle, dress down days, selling coffee cup cut-outs or rounding up your bill at the cash register, no break is too big or too small and each makes a difference in the lives of those affected by dementia! Each year our Society must fundraise for approximately $500,000 of its 1.9 million dollar budget and Coffee Break is our signature event. Thanks to this Council and over 200 hosts, we raised more than $86,000 last year. This year, more than ever, we hope we can count on your support to reach our goal of $100,000. Life does not end when Alzheimer's begins. People living with dementia can continue to participate in life and contribute to their communities - in their own way, even as the disease progresses. September is World Alzheimer's Month, an international campaign to raise awareness, challenge stigma and inspire action. How can YOU take action? 3 Consider hosting a Coffee Break event and 'make your coffee count'. It's a fun and simple way to support the Alzheimer Society. Anyone can register for a free Coffee Break kit by calling the Alzheimer Society of Niagara Region at 905-687-3914 or by visiting the website at www.alzheimerniagara.ca. Thank you for your time this evening and your consideration to make a difference in your community today and provide hope for tomorrow. Mayor Diodati, may I please present you with your Coffee Break Host Kit? (present kit). Thank you. 4 Dean Iorfida From: Dave and Michelle MacKinnon <olympic_trainer@hotmail.com> Sent: Sunday, September 11, 2016 1:41 PM To: Dean Iorfida Subject: Request to present at city council Good afternoon Dean, My name is Michelle MacKinnon and 1 am the President of The David Gregory MacKinnon Memorial Foundation; I am also David MacKinnon's mother. You might have heard of us as our story has been on the front page of all post media and sun and star publications several times as well as on Canada AM, City TV and Global news. I am also a friend of Mike Strange and one of his boxing students. I am writing to you on the request of Mike to ask to speak for 5 minutes at the next council meeting regarding my son's foundation and an event we are hosting on October 1, 2016. We are a local registered charity with the CRA. Our website is davidgregoryfoundation.com. We have provided over $60,000.00 in scholarships to students in our community, funded a room at Ronald McDonald House of Hamilton, provided over 20% funding for research into childhood kidney disease and helped several of the over 450 renal patients in Niagara with costs associated with dialysis that in many cases have saved young lives. I also donated the kidney meant to save my own son David ( who tragically died on the day of transplant due to wait times and scheduling conflicts between NHS and St Joe's) to a two year old boy from Sudbury; he is thriving and finally home with his family after living for two years at Sick Kids and Ronald McDonald House Toronto. Our event is being held at the Americana Resort and Spa on Saturday, October 1, 2016 and our goal is to raise $50,000.00 to purchase two portable bedside ultrasound units for the kidney care program at NHS. These two units will significantly improve the comfort and quality of care for the over 450 renal patients here in Niagara. It is my hope to present to council a very short introduction of who David was, what our foundation does and ask that council supports our community by purchasing a table of ten to attend this event. Thank you for your consideration. Sincerely, Michelle Michelle MacKinnon President The David Gregory MacKinnon Memorial Foundation www.davidgregoryfoundation.com 905-353-1979 9/14/2016 Horne I Gateway Residential & Community Support Services, Niagara GATEWAY Residential & Community Support Services Select Language j ♦ i Member Login Local Phone: Toll Free: Make A Referral: Like Us: 1 (905) 735-4445 1-877-735-4445 GET INFORMATION FACEBOOK PAGE ABOUT PROGRAMS&SERVICES RESOURCE LINKS NEWS REFERRALS VOLUNTEER DONATE CONTACT Our volunteers are committed to helping others live independently in their communities. Interested in helping? » Find Out More PROGRAMS S SERVICES Select a program or service below learn more. + Residential Program + C:se Management + Supportive Housing + CorrumunityTreatment Orders + Rec, -,e .tional Program + Good ' Food '_ Box htto://www.oatewavofniaoara.ca/site/home 1/4 9/14/2016 Home l Gateway Residential & Community Support Services, Niagara ABOUT GATEWAY RESIDENTIAL & COMMUNITY SUPPORT SERVICES At Gateway, we enable individuals in Niagara to achieve greater independence through innovative consumer -centred housing and support services. Our housing and support services provide stable and supportive environments for the individual that emphasize personal choice, dignity and respect, through environments that enhance the capacity of consumers to live independently and meaningfully. OUR STORY Gateway of Niagara HOUSING PROGRAMS We operate 4 residences in the Niagara Region. Learn More RECENT TESTIMONIAL LL Thank: you for this beciutifui apartment! I love it very much, You, and your staff at Goteiway ore wonderful people! I am truly grateful for ail you help and I cant thank you enough! - Wendy COMMUNITY PARTNERS + 211 Ontario Line + Canadian Mental Health Association + Centre de Sant& M http://www.gatewayofiiagara.ca/site/home 2/4 9/14/2016 Home l Gateway Residential & Community Support Services, Niagara Interested in learning more about Gateway Residential & Community Support Services? Please watch this short video detailing Gateway's heritage and what Gateway does for individuals suffering from mental illness in the Niagara Region. » Learn About Our Past WHAT'S NEW? httn'/lwww natpw 4750 Huron Street To Be The First Gateway Building In Niagara Falls! unfnianara na/site/hnmp UPCOMING EVENTS WELLAND: + Coast Niagara + Community Crisis Care + Distress Centre of Niagara + Mental Health &Addictions Access Line Dr. Peter Grant Haven of Hope »Read More PORT COLBORNE: Repei Place »Read More ST. CATHARINES: Grundy House »Read More WELLAND: Griffith Street Residential Group Home »Read More Gateway's 30th Annual General Meeting! - + More... MAKE A DONATION DONATE NOW ANNOUNCEMENTS 4750 Huron Street To Be The First Gateway Building In Niagara Falls! Jul 13th, 2016 The 9 Unit Building Is In Construction Now. 3/d 9/14/2016 Home 1 Gateway Residential & Community Support Services, Niagara Posted Jul 13th, 2016 in Announcements The 9 Unit Building Is In Construction Now. Read more September 22nd 2016 Sep 6th, 2016 our housing service: Home I About I Programs &Services 1 Resource Links 1 News 1 Referrals 1 Volunteer 1 Donate 1 Contact Back to Top T Copyright © 2016. All Rights Reserved. Managed with Tymbrel LIKE US ON FACEBOOK! Gateway Resic A 159 likes 'EWA Be the first of your friends to Ilk( Contact Gateway http://www.gatewayofniagara.ca/site/home 4/4 9/14/2016 Former homeless man pushing a cart across Canada to raise money and awareness - Newfoundland & Labrador - CBC News Former homeless man pushing a cart across Canada to raise money and awareness Skid Row CEO wants to help others struggling By Jeremy Eaton, CBC News Posted: May 02, 2016 3:04 PM NT Last Updated: May 02, 2016 3:04 PM NT A man who calls himself the "Skid Row CEO" wants to bring attention to youth homelessness by pushing a modified shopping cart across Canada. "I was a homeless young person pushing a shopping cart around the streets of Vancouver," said Joe Roberts, who says his own personal experiences and recovery underscores his mission to bring attention to the plight of the homeless. "I was fortunate enough to have the supports to exit that homelessness and I made a promise to do something to pay it forward." In 1989, Roberts found himself living on the streets and addicted to drugs. He describes that period of his life as something he will never forget. With help from his mother and a police officer, Roberts sought treatment for addiction and started to put his life together. He went to college and then started a website development company. "In less than 12 years, I went from pushing a shopping cart to being a celebrated entrepreneur. But never forgot that promise that I made on that street corner to do something to pay it forward." htto://www.cbc.ca/news/canada/newfoundland-labrador/oush-for-chane-1.3562188 1/3 9/14/2016 Former homeless man pushing a cart across Canada to raise money and awareness - Newfoundland & Labrador - CBC News Roberts, who gained success in the technology industry and is now a motivational speaker and author uses his past experiences to help others. Still, he wanted to do more. Four and a half years ago he started the Push For Change, a fundraising campaign that Roberts will now take across the country. "For us it's about getting from one end of Canada the other, 9,000 kilometres, but it's also to raise awareness on what we can do to prevent, reduce and end youth homelessness," he said. Roberts and his support team of four started at Cape Spear on Sunday morning. Travelling about 24 kilometres a day, the journey will take about a year and a half to complete with the team -making fundraising stops along the way. "Possibility exists inside of each and every one of us Sometimes we need somebody to help open that door so we can find that." Explore CBC CBC Home Music Comedy Games TV Arts Books Contests Radio Kids Parents Site Map News Local Aboriginal Sports Documentaries Digital Archives http://www. cbc. ca/new s/canada/newfoundl and- I a brador/pus h -for -change- 1.3562188 2/3 Niagaraj'alls REPORT TO: SUBMITTED BY: SUBJECT: PBD -2016-48 September 27, 2016 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2016-48 AM -2016-016, Zoning By-law Amendment Application North Side of Oldfield Road East of Dorchester Road Proposal: A Block Townhouse Project with 24 Dwelling Units and an On -Street Townhouse Project with 4 Dwelling Units Applicant: 800460 Ontario Ltd. and 1650672 Ontario Ltd. (Eric Henry) Agent: Jennifer Vida, Upper Canada Consultants RECOMMENDATION That Council approve the Zoning By-law amendment application to zone the easterly parcel of the land a site specific Residential Low Density, Grouped Multiple Dwellings (R4) to permit the proposed block townhouse project, and to zone the westerly parcel of the lands a site specific Residential Mixed (R3) to permit the proposed on -street townhouse project, subject to the regulations outlined in this report. EXECUTIVE SUMMARY 800460 Ontario Ltd. and 1650672 Ontario Ltd. (Eric Henry) has requested a Zoning By- law amendment for two parcels of land located on the north side of Oldfield Road east of Dorchester Road. Parcel 1 was originally a block of land intended for a stormwater management pond for the Oldfield plan of subdivision. Parcel 1 is requested to be zoned Residential Low Density, Grouped Multiple Dwellings (R4) with site specific regulations to permit 24 block townhouse dwelling units. Parcel 2 is located to the west of Parcel 1 and is requested to be zoned Residential Mixed (R3) with site specific regulations to permit 4 on -street townhouse dwelling units. The amendments are recommended for the following reasons: - The proposed uses are within the intent of the land's Residential designation and the policies for multiple unit dwellings contained in the City's Official Plan; - The projects will be compatible with surrounding low and medium density residential development and should not adversely impact nearby environmental features; and - The requested departures from the standard regulations of the R4 and R3 zones are acceptable and will provide for compact urban development in accordance with the direction provided by Provincial policies. 2 BACKGROUND PBD -2016-48 September 27, 2016 Proposal 800460 Ontario Ltd. and 1650672 Ontario Ltd. (Eric Henry) have requested a Zoning By- law amendment for two parcels of land on the north side of Oldfield Road east of Dorchester Road totalling 1.06 hectares (2.6 ac.). Refer to Schedule 1 to locate the parcels. The zoning amendment is requested to permit 24 block townhouse dwelling units on one parcel and 4 on -street townhouse units on the other parcel. Schedule 2 shows details of the development. Parcel 1 is zoned Open Space (OS) and Parcel 2 is zoned Light Industrial (LI), both in accordance with Zoning By-law No. 79-200. The applicant is requesting Parcel 1 to be rezoned Residential Low Density, Grouped Multiple Dwellings (R4) with site specific front, rear and privacy yard depth, side yard width and lot coverage provisions to permit the 24 block townhouse dwelling units. Parcel 2 is requested to be rezoned Residential Mixed (R3) with site specific front and rear yard depth, side yard width and lot coverage provisions to permit 4 on -street townhouse dwelling units. Site Conditions and Surrounding Land Uses Parcel 1 is part of the draft approved Oldfield plan of subdivision and was originally intended to serve as a stormwater management pond for the subdivision. The infrastructure design in the Oldfield subdivision rendered the stormwater management pond unnecessary. Parcel 1 is currently being used to store the topsoil that was stripped from the subdivision. Parcel 2 is relatively flat and has a number of trees and shrubs on it; some of the trees appear to be dead. A power line corridor owned by Hydro One Networks Inc. is located to the north and north-west. Beyond this corridor are a variety of housing, including apartment buildings, townhouses dwellings and singe detached and semi-detached dwellings. A Provincially Significant Wetland is located to the south of Oldfield Road. The Oldfield Phase 3 plan of subdivision, consisting of on -street townhouse dwellings, is located to the east. Circulation Comments Information about the requested Zoning By-law amendments was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections from a Regional or Provincial perspective. Due to the proximity of the property to industrial uses, a warning clause should be inserted into future development agreements advising purchasers of nearby industrial activities. 3 • Municipal Works PBD -2016-48 September 27, 2016 - No objections. Although existing municipal infrastructure is anticipated to be sufficient to service the development, confirmation of this will be required at the Vacant Land Condominium/Consent stage. • Transportation Services - No objections. A 1.75 metre road widening along Oldfield Road is required from Parcel 2 and will be acquired when the land is divided. • Legal Services, Transit, Fire Services - No objections. Neighbourhood Open House No adjacent land owners attended the neighbourhood open house on August 31, 2016 to hear about the proposal or offer comments. ANALYSIS 1. Official Plan The subject lands are designated Residential in the City's Official Plan and are subject to Special Policy Area No. 56. Residential lands are permitted to be developed with a variety of housing types, including block and on -street townhouses, up to a density of 40 units per hectare, with higher densities permitted along arterial roads such as Oldfield Road. Special Policy Area No. 56 permits these lands to be developed in advance of a secondary plan for the Thundering Waters Area, and stipulates that residential development is to contribute to the densities required under the Provincial policies (currently 53 jobs and persons per hectare) on a secondary plan basis. The proposed development conforms to the Official Plan as follows: - The proposed townhouses will have an overall density of 26 units and about 66 persons per hectare, which conforms to the Official Plan and will assist in meeting the required densities for the future secondary plan; - The proposed developments will be compatible with surrounding residential development which has been approved for townhousing and other multiple forms of housing; and - No impacts on environmental lands are expected. The parcels are separated from environmentally sensitive lands to the south by Oldfield 4 PBD -2016-48 September 27, 2016 Road, and stormwater management will be required to be utilized through future condominium and consent applications. 2. Zoning By-law Parcel 1 is currently zoned Open Space (OS). The OS zone reflects the original plan that it was going to be used for a stormwater management pond. The requested R4 zone will permits block townhouse dwellings, apartment buildings, and group dwellings (combinations of apartment buildings and/or townhouse dwellings). Given that the parcel is intended to be developed for block townhouse dwellings the by-law should written accordingly. The departures requested from the standard R4 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 6 m 3 m Minimum rear yard depth 7.5 m 3 m Minimum side yard width One half building height 6.7 m Minimum privacy yard depth 7.5 m 6.7 metres for units that abut a lot line, 6 metres for all other units Maximum lot coverage 35% 36% The requested amendments can be supported for the following reasons: • The reduction in front yard depth is to accommodate the flankage of the units onto Oldfield Road. This is the same setback that applies to the townhouses to the east and will assist in providing a consistent streetscape; • The reduction in rear yard depth addresses the corners of two of the units that are affected by the irregular lot line that abuts the hydro corridor. This reduction does not cause any apparent land use conflicts with abutting properties; • The reduced privacy yard depth of 6.7 metres along the exterior lot is minor, approximately a 0.8 metre reduction. This reduction assists in providing a compact urban form and is not expected to be significantly visible or to have an impact on surrounding homes. An adjustment to the side yard width has also been requested to reflect this change; • The reduced privacy yard depth of 6 metres for the units interior to the project does not have an impact off-site. This alternative standard assists in obtaining a more compact urban form that is encouraged by the Province; and 5 PBD -2016-48 September 27, 2016 • The slight increase in lot coverage is minor in nature. Parcel 2 is currently zoned Light Industrial (LI) permitting a variety of industrial uses. The LI zoning was acceptable when Parcel 1 was going to be a stormwater management pond. Now that Parcel 1 is intended to be developed for residential purposed the applicant was obligated to change the zoning of Parcel 2 to eliminate the potential of incompatible industrial uses next to residential uses. The requested R3 zone permits the proposed on -street townhouses. The departures requested from the standard R3 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum front yard depth 6 m 4.5 m for a dwelling and 6 m for a garage Minimum rear yard depth 7.5 m 6 m Minimum side yard width 3 m 1.5 m Maximum lot coverage 45% 60% The requested amendments can be supported for the following reasons: • The proposed front yard depth will assist in providing a consistent streetscape along Oldfield Road while providing for a properly sized parking area in front of the private garage; • The reduction in rear yard depth is due to the diagonal rear lot line and is to accommodate the corners of the dwelling units. Sufficient rear yard amenity space will still be provided; • The proposed side yard width is consistent with the side yard widths of other recently approved townhouse developments as well as the side yards required for single detached dwellings; and • The increase in lot coverage is to address the reduced area of the two middle unit lots that are a result of the irregular rear lot line. The overall coverage of the 4 future units is 33%, which is well below the maximum lot coverage normally permitted for on -street townhouse dwelling units. It is expected that Parcel 1 will be subject of a future application for a Vacant Land Condominium while Parcel 2 will be subject of future consent applications to divide the units in the on -street townhouse dwelling. Through these applications matters such as lot servicing and grading, landscaping and fencing, stormwater management, fire protection and utility services will be addressed. 6 PBD -2016-48 September 27, 2016 FINANCIAL IMPLICATIONS The proposed dwellings will provide new tax assessment for the City. CITY'S STRATEGIC COMMITMENT The proposal does not impact on any of the Strategic Priorities. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: Respectfully submitted. /Ja 1J -Q Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2016\PBD-2016-48, AM -2016-016, 800460 Ontario Ltd, Oldfield Phase 4, Zoning By-law Amendment.docx 7 SCHEDULE 1 LOCATION MAP Subject Laid PBD -2016-48 September 27, 2016 Amending the Zoning By-law No. 79-200 Location: Oldfield Road Wast of Dorchester Road Applicant: 800460 Ontario Ltd. and 1650672 Ontario Ltd. AM -2016-016 PBD -201648 September 27, 2016 SCHEDULE 2 %rPEflLflI spire. ?Ai tAll El min El s 111111101111101111 via mom IMMNISI pi.jpaj WI MI Ell aims !Wit; Vara G 111 iab itt4 iam WUSSIONOCI IONO 3 Niagarafalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-49 September 27, 2016 SUBJECT: PBD -2016-49 AM -2016-013, City Initiated Zoning Amendment Farm Produce Outlet Affecting Zoning By-law Nos. 79-200 (Niagara Falls & Chippewa), 1538 (Crowland) and 395 (Willoughby) RECOMMENDATION 1. That Council approve the City initiated amendment to add Farm Produce Outlet as a permitted use in Zoning By-law Nos. 79-200, 1538 and 395, as outlined in this report; and 2. That Council pass the amending by-law including the definitions and regulations governing the Farm Produce Outlet and Value Added Product, included in tonight's agenda. EXECUTIVE SUMMARY The Official Plan promotes protection and continuation of farming operations by providing a range of agriculturally related value added uses that support and strengthen the agricultural industry. Currently the outlets to sell farm produce on seasonal basis are permitted in Rural, Agricultural and Development Holding zones in Zoning By-law No. 79- 200. Zoning By-law Nos. 1538 and 395 allow truck and market gardening in Rural - Agricultural and Rural zones respectively. The proposed amendment will unify the definition to allow the operation of farm produce outlets on a permanent basis. Staff is initiating an amendment to the City's three zoning by-laws (Zoning By-law Nos. 79- 200, 1538 and 395) to encourage increased sustainability and profitability in the agricultural industry by encouraging opportunities for on-farm businesses. Adopting a definition for a Farm Produce Outlet and Value Added Products and establishing regulations would allow the farmers and other growers to sell the produce grown on-site and within the Niagara Region. Finally, the proposed amendment will bring the zoning by- laws in conformity with the Official Plan. BACKGROUND Proposal In 2006 Niagara Region prepared an Agricultural Action Plan that included initiatives to encourage the viability of farming over the long term. One of those initiatives was to enhance opportunities for farm diversification, i.e. value added agricultural uses. The 2 PBD -2016-49 September 27, 2016 City's Official Plan was updated in 2013 to include policies on preservation of farming operations and enhancing opportunities for farm diversification by adding value added uses, which include farm produce outlets. Land use in the City is regulated predominantly by three zoning by-laws. Zoning By-law No. 79-200 regulates predominately north of the Welland River (Niagara Falls & Chippawa). The area south of the Welland River is regulated by Zoning By-law No. 1538 (Crowland) and Zoning By-law No. 395 (Willoughby) as shown on Schedule 1. Currently the terms used in Zoning By-law 79-200 for the road side stand that sell fresh fruits and vegetables are "temporary stands for the sale of farm produce" and "seasonal farm product stand". Zoning By-law Nos. 1538 and 395 do not permit sale of farm produce. The proposed amendment would provide consistency and clarity regarding the operation of the produce stands. The proposed changes regarding the definitions of farm produce outlet and value added products and the regulations are detailed in this report. Circulation Comments Information about the City initiated zoning amendments was circulated to City divisions, the Region and agencies for comment. A notice was also placed in the Niagara Falls Review. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections from a Regional or Provincial perspective. As the definition of farm produce outlets will require produce grown on-site or elsewhere in the Region, it appears the general intent of the Provincial and Regional policy is met, although Regional would encourage a stand to be secondary to principal farming operation. Further, Regional transportation staff also recommends that the amending by-law include adequate provisions to ensure sufficient parking is provided on private property for the farm produce outlet. • Transportation Services, Building Services and Municipal Works No objections. Public Comments One letter of objection has been submitted by Emilie and Brian Wetherell (6666 Mountain Road) and is on tonight's agenda for consideration. The letter cites concern about the sale of produce not grown on site and sale of value added products. Concerns have also been raised regarding additional traffic generated by existing farm produce stand on 6680 Mountain Road. Further, the letter outlines that the proposed amendment has been initiated by the City to benefit the owner of 6680 Mountain Road. 3 Neighbourhood Open House PBD -2016-49 September 27, 2016 A neighbourhood open house was held on September 1, 2016 to explain the amendments and to answer questions. Three members of the public attended and sought clarification on a number of proposed changes. Ms. Wetherell (6666 Mountain Road) attended the meeting and expressed concerns regarding the existing fruit stand on 6680 Mountain Road owned by Ms. Desson. Ms. Wetherell mentioned that the fruit stand generates additional traffic and creates unsafe conditions as people park on the opposite side of Mountain Road and cross two lanes of traffic to buy fruits from the fruit stand. Further, she expressed concern regarding insufficient parking on-site and finally, the location of the fruit stand does not comply with the proposed regulations. Ms. Desson confirmed that she has sufficient parking on-site as there is a turnabout on her property which allows sufficient parking for the patrons. She confirmed that the fruit stand has been in existence prior to 1979. Finally she mentioned that she has no control over someone who may wish to cross the road to buy fruit from her stand; however, she discourages people to do so. Staff confirmed that the existing fruit stands on Mountain Road are permitted uses in the Development Holding (DH) zone. Further, the proposed changes in the definition of Farm Produce Outlet will clarify that the owner may sell farm produce grown elsewhere as long as a portion of the produce sold at the outlet has been grown or produce on-site Finally, location of the fruit stand at 6680 Mountain Road is considered to be legal non -conforming since it has been there prior to the current by-law. Local Municipality Survey As part of the review process Staff conducted a survey regarding the operation and scale of farm produce outlets in the 12 area municipalities in Niagara Region and received a response from 7 of the municipalities. All the 7 municipalities allow sale of farm produce, however the scale of operation varies from 20 square metres (home grown produce stand) to 100 square metres (farmer's market). The smaller outlets are permitted in Agriculture zone and large scale operations are located in Commercial zones. The products sold in the market include fresh fruits and vegetables, honey, maple syrup, dairy products, hand crafted products and baked good. Further, the produce sold in the markets includes produce grown locally and in Ontario. ANALYSIS/RATIONALE 1. Provincial Policy The Provincial Policy Statement (PPS) states that Prime Agriculture Areas shall be protected for long-term agriculture and agriculture related uses. The Farm Produce Stand falls under the on-farm diversified uses. The Regional Policy Plan (ROP) allows farm produce outlets as value added uses. Further, ROP promotes farm diversification/value added uses to complement farming activities that contribute to 4 PBD -2016-49 September 27, 2016 the sustainability and viability of the farm. Finally as the operation of farm produce outlet will be conditional upon produce grown on-site and from elsewhere in the Region, it meets the intent of the Provincial and Regional policies which promote opportunities for economic activity and protection of agricultural uses in Prime Agriculture Areas. 2. Official Plan The Official Plan promotes protection and continuation of farming operations by providing a range of agriculturally related value added uses that support and strengthen the agricultural industry. The proposed amendment is consistent with and implements the OP policies as it provides flexibility to farmers to have small scale secondary uses that help support the farm. The farm produce outlet will be able to sell fresh farm produce and value added products related to such produce. The farm produce outlets are intended to be small in scale. The regulations regarding the location and maximum building size as outlined below also serve to implement the OP policies. 3. Zoning By-law Amendment The intent of the proposed amendment is to develop regulations that would permit the operation of a small scale outlet that would allow the sale of farm produce and would enhance the sustainability of agriculture in the City. Currently, the terms used in Zoning By-law 79-200 for the road side stand that sells fresh fruits and vegetables are "temporary stands for the sale of farm produce" and "seasonal farm product stand". Zoning By-law Nos. 1538 and 395 allows truck and market gardening in Rural -Agricultural and Rural zones respectively. The proposed amendment would provide consistency and clarity regarding the operation of the produce stands. The following amendments to Zoning By-law No. 79-200, Crowland Zoning By-law No. 1538 and Willoughby Zoning By-law No. 395 are recommended by staff: • Introduce a new definition for the term Farm Produce Outlet and Value Added Product. A definition of a Farm Produce Outlet and Value Added products is proposed to be added to the three by-laws. "Farm Produce Outlet" means a structure, building or part of a building for the sale of farm produce grown or produced on-site and may include produce grown elsewhere in the Region and the sale of value added products related to such produce. "Value Added Product" means a product that is produced by changing the physical state or form of the farm produce and enhancing its value. Add Farm Produce Outlet as a permitted use in the Agricultural (A) zone, Rural (R) zone and Development Holding (DH) zone in Zoning By- 5 PBD -2016-49 September 27, 2016 law No. 79-200, Rural -Agricultural (RA) zone in Zoning By-law No.1538 and Rural (R) zone in Zoning By-law No. 395. Currently, the Agriculture (A), Rural (R) and Development Holding (DH) zones in Zoning By-law No. 79-200 allow "a seasonal farm product stand for the sale of farm products grown on the premises" and "temporary stand for the sale of farm produce grown or produced on the premises". This causes confusion as to whether sales are singular season or short term basis or should cease overtime, if indeed temporary. Zoning By-law Nos. 1538 and 395 allow truck and market gardening in Rural -Agricultural and Rural zones respectively. The proposed change will permit a farm produce outlet on a permanent basis in A, R and DH zones in Zoning By-law No. 79-200, RA zone in Zoning By- law No. 1538 and R zone in Zoning By-law No. 395. It is a common practice for growers to sell products produced by other farmers or growers. Further, the proposed change will allow the owner of a farm produce outlet to sell the produce grown on-site and elsewhere in the Region, subject to the owner producing some produce on-site. Finally, the sale of the value added products related to the produce (i.e. jams, pies, etc.) will also be permitted. The owner may have to obtain clearance from Public Health prior to the sale of some value added products that require regulated temperatures (i.e. meat products) • Add regulations for Farm Produce Outlet in Zoning By-law No. 79-200. A Farm Produce Outlet will be permitted in the front yard, rear yard and side yard, provided it is not located closer than 3 metres (9.8 feet) from the front lot line and interior and exterior lot line and 7.5 metres (24.6 feet) from the rear lot line. The maximum floor area should not exceed 20 square metres (215.2 square feet) and the maximum height of the structure not be more than 3 metres (9.8 feet). These proposed changes are to allow the farm produce outlet to have exposure from the street. The 3 metre (9.8 feet) setback from the front lot line and side lot line will ensure that the sight lines are clear and not create unsafe conditions. • Add regulations for Farm Produce Outlet in Zoning By-law Nos. 1538 and 395. A Farm Produce Outlet will be permitted in the front yard and side yard, provided it is not located closer than 3 metres (9.8 feet) from the front lot line and interior and exterior lot line. The maximum floor area should not exceed 20 square metres (215.2 square feet) and maximum height of the structure not be more than 3 metres (9.8 feet). 6 PBD -2016-49 September 27, 2016 These proposed changes are to allow the farm produce outlet to have exposure from the street. The 3 metre (9.8 feet)setback from the front lot line and side lot line will ensure that the sight lines are clear and do not create unsafe conditions. • Parking Regulation for Farm Produce Outlet in Zoning By-law Nos. 79- 200, 1538 and 395. The Region suggests introducing a parking standard for farm produce outlets. Typical retail stores in the City require 1 parking space for 25 square metres. Following these provisions a farm produce outlet will require 1 parking space. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications associated with the proposed amendment. CITY'S STRATEGIC COMMITMENT Under the City's Strategic Priorities for Economic Vitality is to actively pursue economic development opportunities. Proceeding under the Planning Act process to adopt new definition provides an opportunity for civic engagement. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map Recommended by: &L 1 15c) w) Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted. 1 A. Dilwaria: m b Attach. Ken Todd, Chief Administrative Officer S:\PDR\2016\PBD-2016-49, 2016-013, Zoning By-law Amendment, Farm Produce Outlet, to 79-200,1538 & 395.docx Bylaw No. 79-200: r/%I SCHEDULE 1 Bylaw No. 395: PBD -2016-49 September 27, 2016 Bylaw No. 1538: //``mxv of alw �. ._... +, dee -.40desdereatell "ds. PS rd �r r#fiffel AidA Ard'ailffier re44-; . 4" t�11tet Its 11/4 l'% kg; ••11111111 .‘.4§.414 I lilt ,1111S1 It111b111116 \SU ■u' r Kt. e sulk CNN`'S TOa...,RTIRIE CI ay pF PORT C01 K:\G6_Requests\2915\Custom\Rlannmg\Bylaw_Hqusekeeging.map Nia Parks r*r An agony of the Cnemment rOntvio since leS5 , Planning Scnnnei p13 Ellen Savoie direct: Phone: 905-295-4396 extension 3258 Fax: 905-356-7262 Email: esavoia@niagaraparks.com September 19, 2016 Director of Planning, Building and Development City Hall City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mr. Herlovitch: Re: Zoning By-law Amendment General Amendments to Zoning By-law Nos, 79-200, 15380958) and 395(1966) Your file No. AM -2016-013 The Niagara Parks Commission has no objection to the proposed amendment to the above noted zoning by-laws to establish definitions and regulations for farm produce outlets. Please be advised that in accordance with the Niagara Parks Act permits are required for all signs proposed within 90 metres of the boundaries of NPC lands from the Welland River south to Bowen Road in Fort Erie. In accordance with Section 38 e) the Public Transportation and Highway Improvement Act, written approval for signs is required within 400 metres of the Niagara River Parkway. These approvals include signs for farm produce outlets. Please also note that in accordance with Section 38 a) the Public Transportation and Highway Improvement Act approval is required from NPC for all structures within 45 metres of the Niagara River Parkway or 395 m of the center point of an intersection, which will apply to all farm produce outlets. NPC hereby requests to kept informed of decisions in respect to the above noted matter. Thank you for your consideration. Yours truly, Ellen Savoia, MCIP, RPP Senior Planner Janice Thomson Chair THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, ON L2E 6T2 www.niagaraparks.com John Lohuis General Manager To: The City of Niagara Falls From: Jean Desson Re: Fruit Stand located at 6680 Mountain Road Planning Scanned Rie: �-7J1, PY\ l_ Date: September 14, 2016 In the event that I am unable to attend the Open House on Sept. 27, I understand there has been a complaint submitted by neighbour Mrs. Wetherall (6666 Mountain Road) regarding the above. In response, I submit the following: 1. Since Mountain Road has evolved into a main artery with a bicycle path, I encourage customers who stop in front of the stand to pull into the circular driveway/parking. It is under the jurisdiction of the police to issue citations, at their discretion. No citations have been issued. I have no control over vehicles pulling into their driveway to turn around (6666 Mountain Road). (I noted 2 vehicles this season and 2 last). 3. There is ample parking and a turn -around for customers. There have been no issues. 4. The Region has approved, in writing, the size and location of my signage. 5. As a homeowner at my present location since 1969, I am a goodwill ambassador for the City of Niagara Falls. I welcome new residents by extolling the benefits of living here. For tourists, I have printed directions to the Falls, Great Wolf Lodge and Niagara - on -the -Lake, the most common requests. I love my City. 6. Neighbors along Mountain Road and in the area, new residents of Marinelli Estates are supportive and steady customers (with one exception). 7. The fruit stand is open approx. 2 months a year, from the end of June to the end of August. I grow organic raspberries, garlic, vegetables and buy fresh fruit each morning from local farmers. End of day fruit is made into jam (value added product) or donated to the food bank. Pursuant to The City's mandate to encourage small business, and given my land is designated development holding allowing the operation of a seasonal fruit stand, I am of the position that I conform to zoning by-law 79-200. caPlanning ti S��M��kd dile` Emilie Wetherell SEP 1 3 ,2` 9'132016 Printable Version S1NETZERQ' Message Center From: Brian Emilie <brianandem@netzero.com> To: adilwaria@niagarafalls.ca Sent: Tue, Sep 13, 2016 10:03 AM Subject: PROPOSED AMENDMENTS ATTENTION: DIRECTOR OF PLANNING & DEVELOPMENT The intent of the proposed amendment was to encourage economic prosperity of fainters however, if these amendments are changed,anyone in DH Zone who grows ONE TOMATO PLANT ON THEIR PROPERTY will qualify to buy and sell any and all produce and Valued Added Products grown in the region . How will this changed amendment increase the economic prosperity offarmers? RE; Fruit stand at6680 Mt Rd which is half on Regional property: My question to Petar Vujic : Does the Region have a problem with this building/fruit stand ? Answer: 1) has a problem from the liability aspect as "NO ENCROACHMENT AGREEMENT SIGNED WITH REGIONAL NIAGARA' 2) does not consider it a safety issue with half fruit stand on Regional property. Re: Ken Mech email of July 7, 2015 'the use has to be continuous to maintain its status" This fruit stand was NOT in use from 1978 to June 2014. Please give consideration to the above comments. Emilie and Brian Wetherell. The Shape Healthy (Sponsored by Content.Ad) London Women In Awe: Never Use Botox Again, Do This Instead http J/thirdpa rtyoffers.netzero.net/TQL3241157d806e49c9c168405b5st02duc httpJ/webmailb.netzeranet/webnail/nex/8?folder=lnbcookommand=pnnt&msgUst=00002Y W 0:001NgO51N000AV6amsgNun=00002TN0:001 NgOSLO0000A.. 1/1 'Pp 0r2J201a NETZERO Messag Center From: Brian Emilie <brianandem@netzero.com> To: adllwaria@niagarafalls.ca Sent: Fri, Sep 02, 2016 07:05 AM Subject: Grandfathering fruit stand use at 6680 Mt Rd PritdadeWasion At the open house meeting last nightwe were informed thatthe fruit stand at 6680 MLRd. will be the grandfathered in regards to meeting the location requirements. Iwould like to bring to yourattention that although the structure has existed for many years, IT WAS NOT USED AS A FRUIT STAND FROM 1978 (WHEN WE MOVED TO 6666 M7: RD.) UNTIL 2014! Itwas nothing more than an old storage shed_ Therefore, we request that Ibis stand is NOT grandfathered in and be required to adhere to all future amendments to the bylaws. Emilie and Brian Wetherell. Health News 24 (Sponsored by ContentAd) Don't Use Botox, Use This Instead: Granny Reveals $39 Method http:/ithirdpartyofers.netzero.netfrGL3241(57c95ebbfa4095cbb4t.9Gst01 duc htp'JFxebmailb+ zganaVwebmail/navBxdder-bibmt8crnrmenthprirdRmscList=00007k0:001NmLnU000075PZ&msgNtun=000071kOCO1NmLnU000025P... 1/1 Director of Planning & Development Qty Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 September 1, 2016 Re: Proposed changes to farm produce outlets As a long time resident of Mountain Road, we have great concerns over the proposed changes to The farm produce outlet by laws. We are not opposed to fruit stands on farm properties where the sale of the farmers own produce is grown, however we are opposed to Those individuals wanting to sell products, produce and other 'added value products' not grown on the farm land. Our concerns are as follows: *allowing a fruit stand to sell multiple products in an area zoned residential (will this lead to others being allowed to sell u gilt items, clothing items, etc. in front of their homes? ) *NO permits are required and no taxes are paid on profits 'MANY SAFETY concerns, bike lane is often used for parking, neighbouring driveways often blocked and used for parking (please note; Canada Post suspended car mail delivery service several years ago due to the increased risk fadors of its drivers) *a by law was passed preventing home owners from having multiple garage sales in one year, allowing these types of stands is an equivalent nuisance such as having a garage sale daily for neighbouring properties It should also be noted that these proposed changes have been broughtforward by a single individual whom will benefftfrom such changes. However it should be noted that this individual has been served notice from the Clty of Niagara Falls in 2014 and 2015 to cease operations as they did not meet the current by law requirements. In 2016 the produce outlet once again re -opened, ignoring the city's request to remain closed. It should also be noted that the by law requirement of the structure remaining 3 metres from the front lot line has also not been followed. The current structure is on regional road allowance property and -there is no encroachment agreement as per Niagara Region Public Works Dept We greatly appreciate your assistance in preserving our residential home and our safety and nuisance concerns. Please note that photo's have been submitted to the planning department illustrating some of our current issues with parking and safety wise. Sin erely, StLef Emilia & Brian Wetherell Printable Version From: Ken Meth <kmech@jniagarafalls.ca> To: "brianandem@netzero.com" <brianandem@netzero.com> Sent Tue, Jul 07, 2015 10:11 AM Subject: RE: Development holding zone (DH) Emilie, A legal non -conforming use is a use that was legally established prior to the current zoning by-law coming into effect. This means that the use had to have been allowed by the previous zoning by-law. T e use has to be / continuous to maintain its status. OPe/ED TuNC a4/`f (A)1114 -1-1v -t-1 '` i�� ,116 siniCt WC YnD oOE1fl >n L tj 1 7t Zoning By-law No. 79-200 carne into effect on November 5, 1979. There is no guarantee that the toning currently in effect on the property in question is the same zoning that was in effect in 1979. Further research would be required. What street a property is located on does not affect its status. Ken Mech, MCIP, RPP Manager of Current Planning 905-356-7521 Ext. 4107 From: brianandem@netzero.net [mailto:brianandem@netzero.net] On Behalf Of brianandem@netzero.com Sent Tuesday, July 07, 2015 9:27 AM To: Ken Mech Subject Development holding zone (DH) Dear Mr. Mech: To maintain status as legal non conforming in (DH) zone, is a business required to be in continuous use ? For instance , if the business has Not been operating a year, or two years or more, is it still deemed "legal non conforming"? Does it matter if business operated before or after 1979? Do the same rules apply if business is on Regional Road in Niagara Falls? Thank you, Emilie Wetherell BuftettAsta; ia..¢s Warning for YOU 4 in 5 Americans wank -Vika taking his shocking advice. Click here now. fool.com ht1F/Mehmailb.odzero.net/warnail/newa? older=lrtmc&comman&printamsgtiskOtI 3PG IOCiLaxse000010GZmsgNren=00003PG0:0011anc0W018a.. 1/1 '-x'15 NETZEROt Message Center Prin6�IeVersion From: MarkAndrews <mandrews©e niagarafaits.ca>' To; 'brianandem@netzero.com"' <brianandem@netzero.com> Cc: Franco Piscitelli 4plsdtelii@niagarafalis ca>, Dean Iorfida <diorfidaCanlagarafalls.ca>, Ken Meth <kmech@niagarafalls.ca> Sent Mon, Jun 22, 2015 0127 PM Subject: RE: Sedan 15.1 DH ZONE Hi Emilie: A fruit stand is a permitted use in the Development Holding (DH) zone. We did send out a letter that was generated from a complaint, however all of those issues were sorted out and this file has since been closed. We will not be reopening or addressing the fruit stand concern as it is not in contravention of the Zoning By- law. c — _ _ It has also been determined that the use of the fruit stand and/or the sale of additional produce not grown on the premises has been occurring prior to 1979 and we do not have any zoning compliance issues, as this would be deemed legal, non -conforming. Mountain Road is also a Regional Road, and the Region permits fruit stands, as well as signs providing directions to said fruit stand. From a Zoning and land use perspective, we do not have any concerns with the fruit stand. All regulations of the 01-1 zone are still applicable, but as I mentioned previously, this use has been occurring prior to 1979, and we have no concerns with this. Kind regards, Mark Andrews Senior Zoning Administrator Planning, Building 8 Development Department City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521 ext 4296 Fax 905-356-2354 mandrewseniaaarafalls. ea From: brianandem@netzero.net [mailto:brianandern@netzero.net] On Behalf OF brianandem@netzero.com Sent Monday, June 22, 2015 12:03 PM To: Mark Andrews Cc: brianandem@netzero.com Subject Section 15.1 DH ZONE Attention: Mark Andrews, Sr. Zoning Administrator Re: Violation of Section 15.1 O D.H.ZONE at 6680 Mountain Road On Aug 42014 you sent a registered letter to Jean Desson to dose the illegal fruit stand however, she has reopened it on 6/20/2015 selling strawberdes,honey and jam which she does NOT grow on her property. F9gJhvdxneilb etzero.nelfwelmlailinew,6?rdder=Wbox&comma pdrfSmagnet=00003eW0A01LY41s000031w6&nsgNum=00003aWa001LY4Ls000031w... 1/2 Dean Iorfida From: Dean Iorfida Sent: Tuesday, July 05, 2016 11:53 AM To: 'brianandem@netzero.com' Cc: Wayne Thomson Fallview Account; Franco Piscitelli Subject: RE: 6680 Mt Rd FRUITSTAND Mrs. Wetherell: My apologies for not getting back to you yesterday. I was gathering information regarding the fruit stand from our Planning Department and did not want to respond until I had that information, in hand, as I know staff's position on this issue seems to have been somewhat contradictory over time. Fruit Stand By-law relies on the information of the Planning staff regarding compliance on the Zoning By-law and other related Planning documents. The Director of Planning has provided the following: A fruit stand is a legal use in the DH zone. Planning is actively working on a rezoning for fruit stands to unify the terms and regulations across the municipality and bring it into compliance with the Official Plan. I am hopeful that this process and consistent regulations will bring some clarity. I know there has been criticism and concern expressed regarding the possible selling of produce not grown on site; however, while the process of the rezoning is going on, it is not the practice of the municipality to take enforcement action until that process is completed. Dogs at Large/ Unleashed Dogs The By-law states the following: (1) a dog shall be deemed to be running at large when found in any place other than the premises of the owner of the dog and not under the control of any person; (ii) a dog shall be deemed to be not under the control of any person when it is not on a lead six feet in length or less held by a person, or when it is not otherwise physically restrained. Unleashed dogs on one's own premises, are not a violation. You are correct that the City contracts with the Humane Society for "dogs at large". I know a previous citation was issued to the dog owner. I will contact the Humane Society and reiterate the concern. With regard to contacting the By-law section: Yes, at the end of May, beginning of June, we are at one of our busiest times but we assure all callers that although busy, an officer will attend, as soon as possible. Our records indicate that the complaint lodged at that time was a poop and scoop complaint. A Notice of Alleged Contravention was sent to the home owner. Enforcement/Compliance 1 The By-law section's goal is always compliance. The laying of charges is a last resort if compliance is not achieved.. Relatedly, I know you expressed concerns related to a basement apartment on the premises. By-law staff did receive information from the former tenant, which is helpful. As a result, we attended the property spoke to the owner and told her what is and what is not permitted. If you have any questions, feel free to contact me. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) Original Message From: brianandem@netzero.net [mailto:brianandem@netzero.net] On Behalf Of brianandem@netzero.com Sent: Tuesday, July 05, 2016 8:33 AM To: Dean lorfida Cc: Wayne Thomson Fallview Account; brianandem@netzero.com Subject: 6680 Mt Rd FRUITSTAND Dear Mr lorfida: It was recommended that I contact you for help and recommendations for sending a letter to city council for the July 12 meeting and I understand that Wed July 6 is the deadline to getting it on the agenda. RE: Fruit stand that has opened AGAIN on July 3/16 and the "run around" I have received since June 2014 when it opened for the first time. from Mark Andrews: Aug 4, 2014 "registered letter sent to Jean Desson to close the fruitstand" June 22, 2015 "issues were sorted out and this file has since been closed" from Alex Herlovitch: Aug 18, 2015 "will review it this week prior to sending out a letter" Sept 2, 2015 "yes a letter was sent to Mrs Desson. She has requested a meeting with staff which could be scheduled next week. I have now referred your complaint about the apartment at 6680 to by-law Enforcement for further investigation." Oct 22, 2015 "Thank you for your email. Mrs Desson has advised that she has closed her stand for the season. The Planning Department is reviewing the best approach to deal with all fruit stands in the City as a whole. I will certainly contact you again when I have something to share." As at Monday, July 4, Mr Herlovitch is on vacation and I have had no further information. RE: Humane Society: In 2015, I contacted the HS 25 + times via emails and phone calls and the Mr and Mrs Oszczypek (neighbours on west side) filed over 7 reports. I filed a report on 5/31/16: Ashley confirmed that she did go out (but I did not get date of this visit) and she recommended that I contact the cityx4341 but this dept was "too busy with grass cutting violations". She advised me on 6/23/16 that the next time she will go directly to "Part 3 and issue a summons and I would have to be a witness, however my next 10 phone call messages and 4 fax messages have not be returned to date. I am not asking for special treatment, just asking the city to enforce the existing rules and bylaws. I am trying not to be frivolous but I am very frustrated and need your help. Yours truly, Emilie Wetherell Affordable Wireless Plans Set up is easy. Get online in minutes. Starting at only $9.95 per month! www. n etze ro. n e t? refcd= n zm e m 0216 3 Dean Iorfida From: Dean Iorfida Sent: Wednesday, December 16, 2015 12:12 PM To: 'Wayne Thomson' Cc: 'brianandem@netzero.net; Franco Piscitelli Subject: RE: RE: FW: 6680 Mountain Rd. Apartment Attachments: MountainBP.pdf Wayne (and Mrs. Wetherall): To your question, no, the City Bylaw section can only enter a premises with a warrant or permission of the owner. We would not go to the extent of going before a JP to get a warrant in only the most extreme of cases. Nonetheless, Building Inspectors and Fire staff do have some rights of entry. Relatedly, a building permit was issued for the property in question in 2012. I would hope that during the inspection process, the building inspectors would be cognizant of whether a second, independent unit was being put in to the property. Having said that, we cannot discriminate based on living arrangement, so if two or three non -related adults live together and share facilities, with no separation of living arrangements, it is not contrary to any by-laws or related legislation. Similarly, as you know Wayne, the province has dictated that the municipalities come up with policies to allow granny flats, basement apartments etc. As a result of the changing legislation, the municipality would get involved if there was a fire safety issue with a shared accommodation, not if three non -related adults are living together. Finally, I will be frank. Bylaw has been referred multiple complaints from various Mountain Road properties adjacent to each other. I would characterize most of the complaints as frivolous. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) From: Wayne Thomson[mailto:wthomson@fallsviewgroup.com] Sent: Monday, December 07, 2015 4:02 PM To: Dean Iorfida Cc: brianandem@netzero.net Subject: FW: RE: FW: 6680 Mountain Rd. Apartment Dean; You don't have right of entry on these complaints ? Wayne Thomson From: brianandem@netzero.net [mailto:brianandem@netzero.net] On Behalf Of brianandem@netzero.com Sent: December -07-15 3:44 PM To: wthomson@fallsviewgroup.com Subject: Fw: RE: FW: 6680 Mountain Rd. Apartment Dear Wayne: I just received this email and am looking for suggestions as to what I should do next. We are still in Fl. until Dec 18 returning to Fl. Jan 4. Any and all help is greatly appreciated. Yours truly, Emilie Wetherell. Forwarded Message From: Franco Piscitelli <fpiscitelli@niagarafalls.ca> To: Alex Herlovitch <aherlovitch@niagarafalls.ca>, "'brianandem@netzero.comi" <brianandem@netzero.com> Subject: RE: FW: 6680 Mountain Rd. Apartment Date: Mon, 7 Dec 2015 13:39:52 +0000 Mrs. Wetherell You have forwarded some pictures and information to Mr. Herlovitch that you indicated "should be helpful when you are investigating the illegal apartment" at 6680 Mountain Road. By way of this email I will indicate some of the challenges of investigating "illegal" dwelling units. Any evidence that is collected in this type of investigation must be discussed with the Regional Prosecutor to determine if the evidence would stand up in court if charges were to be laid. In this type of case, there are three essential elements that make a suite of rooms a dwelling unit: 1) there must be separate cooking facilities; 2) there must be separate sanitary conveniences; each of which must be for the exclusive use of the occupants of the suite of rooms; and 3) the element of independence and separation. While the evidence that you provided might be useful as some background or secondary information, it does not meet even one of the three essential elements. You can understand how difficult it would 2 be for our investigation to gather this evidence. There is no obligation for the owner of the dwelling to grant entry. As such, there is presently no active ongoing investigation into this complaint. Franco Piscitelli Manager of Bylaw Services Clerk's Department City of Niagara Falls (905) 356-7521 ext 4262 fpiscitelli(&riiagarafalls ca From: Alex lierlovitch Sent: Friday, December 04, 2015 10:50 AM To: 'brianandem@netzero.com' Cc: Franco Piscitelli Subject: RE: FW: 6680 Mountain Rd. Apartment Dear Mrs. Wetherell As per my previous e-mail, your complaint about an alleged second unit was forwarded to the City's By-law Enforcement Section. By copy of this e-mail to Franco Piscitelli, I would ask that he or his staff provide you with an update. Sincerely Alex 3 Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 P: 905-356-7521, ext 4231 aherlovitchCc�niagarafalls.ca From: brianandem@canetzero.net[mailto:brianandern(@netzero.net] On Behalf Of brianandem@netzero.com Sent: Thursday, December 03, 2015 5:51 PM To: Alex Herlovitch Subject: Re: FW: 6680 Mountain Rd. Apartment Dear Mr Herlovitch: Would you please provide an update on the progress of my complaint. Yours truly, Emilie Wetherellw From: Alex Herlovitch <aherlovitchainiagarafalls.ca> To: "brianandem@netzero.com" <brianandem@netzero.com> Cc: Franco Piscitelli <iscitelli cr niagarafalls.ca> Subject: FW: 6680 Mountain Rd. Apartment Date: Mon, 26 Oct 2015 12:57:07 +0000 Dear Mrs. Wetherell I am receipt of your most recent complaint (below) regarding the alleged apartment at 6680 Mountain Road. By copy of this e-mail with your photographs, I am forwarding this complaint to By-law Enforcement with a request that Franco and his staff follow-up with you. Yours truly Alex Herlovitch Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls 4 4310 Queen Street Niagara Falls, ON L2E 6X5 P: 905-356-7521, ext 4231 aherlovitchAniagarafalls.ca Original Message From: brianandem tnetzero.net [mailto:brianandem!,netzero.net] On Behalf Of brianandem@netzero.com Sent: Monday, October 26, 2015 6:12 AM To: Alex Herlovitch Subject: 6680 Mountain Rd Apartment Dear Mr Herlovitch: The attached pictures and details should be helpful when you are investigating the illegal apartment. Jean Desson has two sons: Darren, drives a red Chev BBLA959,is listed as living at 4569 First Ave. He does NOT live in the upper apartment, NEVER has even though Jean told the bylaw officer "Franco" when he was investigating a complaint issued by Ed and Wanda Oszczypek in 2014. (You may confirm these details by calling them 905 357 7965) Ron Desson is the youngest son and he drives a brown Honda BNBX 037 and is listed as living at 6235 Main St. I will attach photos of the cars and please note that Jean's truck is never parked in the garage. However, the tenants (who's name I do not know) always park in garage with door closed...except yesterday when I was able to take the enclosed photos. If you have any questions, do not hesitate to contact me. Sincerely, Emilie Wetherell How a€"The Golden Girls' Prepared Us For Retirement Who can forget those four spirited, side-splitting, single senior ladies who lived together in a bungalow in Miami. Wea€Tire talking of course about a€mThe Golden Girls.a€ Each with her own personality and past, Dorothy, Sophia, Rose and Blanche took us through their golden years and comical shenanigans a€ http://thirdpartvoffers.netzero.net/TGL3241 /562dfce0c98797cdf3 d45st01 duc [City of Niagara Falls Logo] www.niagarafalls.ca<http://www.niagarafalls.ca> The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you The Method Used To Pay Down Credit Card Debt At A ... http://www. nextadvisor.com/bloq/2015/01/02/chase-slate-best-bet-for-balance-transfers/?kw=gray dsk slate -r-24 5 9/13/2016 Printable Version war Center From: Brian Emilie <brianandem@netzero.com> To: adilwaria@niagarafalls.ca Sent Tue, Sep 13, 201610:03 AM Subject: PROPOSED AMENDMENTS ATTENTION: DIRECTOR OF PLANNING & DEVELOPMENT The intent of the proposed amendment was to encourage economic prosperity of farmers however, if these amendments are changed,anyone in DH Zone who grows ONE TOMATO PLANT ON THEIR PROPERTY will qualify to buy and sell any and all produce and Valued Added Products grown in the region . How will this changed amendment increase the economic prosperity offarmers? RE; Fruit stand at 6680 Mt Rd which is half on Regional property: My question to Petar Vujic : Does the Region have a problem with this building/fruit stand ? Answer: 1) has a problem from the liability aspect as "NO ENCROACHMENT AGREEMENT SIGNED WITH REGIONAL NIAGARA" 2) does not consider it a safety issue with half fruit stand on Regional property. Re: Ken Mech email of July 7, 2015 "he use has to be continuous to maintain its status" This fruit stand was NOT in use from 1976 to June 2014. Please give consideration to the above comments. Emilie and Brian Wetherell. The Shape Healthy (Sponsored by ContentAd) London Women In Awe: Never Use Botox Again, Do This Instead http J/th i rd p a rtyofe rs.n elze ro. n et/TGL3241157d 806 e49 c9 c16 e405 b5st02d u c MiwMrebmailb.netero.net/webrnail/new/6?folder=lnbox&command=print&mss.ist=00062TNQ001NgC6La0e00AV6&msgNran=00002TN0:001 Ng0SL00000A.. 1/1 911/20t5 NETZERO mai-to Printable Version From: "Vujic, Peter* <petar.vujic@niagararegion.ca> To:u'brianandem@netzero.com" e-brianandem@netzero.com> Sent: Thu, Sep 01, 2016 11:43 AM Subject: requested information Hi Emilie, This is all we have on file, no encroachment agreement, however it seems that apparently we did not take a road widening. Petar Vujic erGisor Corridor Safety _a Region Public Works 905-685-4225 ext 3238 petar.vuj is@niagararegion.ca From: Salvatore, Pam Sent: Thursday, August 07, 2014 11:03 AM To: Zeoli, Jim Cc: Tripp, Stephanie Subject: Desson - 6680 Mountain Road, Niagara Falls Jim, The legal description of Desson's property (PIN 64285-0013) indicates that Niagara Region did not take a road widening. We are not aware of any encroachment agreements. Hope this helps. Pam Ext. 3782 The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipients) 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. lfyou have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. h n -U ,ahmaiRh eten ,,r,.*.enSI/row IRtfr.JHarr- lntm&rrmm,nv�rriri&mscd isl=CfCO27kOrtl1Nm4itrial CCEEPArnsCNum=CCQo2Zk0:CO1Nm4ma00000... 1/1 From: Brian Emilie <bdanandem era.corr1> To: adilwaria@niagarafalis.ca Sent Fri, Sep 02, 2016 0715 AM Subject Grandiuthemrg6vRstand useat6680 MEd At the open house meetingiastnigrawe were intoned Uwtthetrultstandat6680 MtRd. wilt belte grandfathered in regards tnmeeting ttetocatmr reqUirernen-lwonid like to bring to yaa'aftenton that although the structure has Basted for many years. IT WAS NOT USED AS AFRUITSTANDFROA1978{V1ftlENWEMOV®TOfi666MT RD }UNTIL2O14t Itwas nothing more than Geoid storage shed - Therefore, m%trradltere Therefore, werequestBrattim eslegF to all firbrre tothehytaws_. Emilie and Brian Wetherell. Heath News 24 (Sponsored by ConfentAd) Don't Use Bob; Use Thishistead: Granny Reveals 539 Method htlplflhirdpartyoffersnefzero.net(FGi3241f57c95cbb6a4095cbbec98sf01 doc • ,_,_...n..z..n.g.,.u...,..t nrrrvrxnntniti dtiro=00,0211 1Nmtn0000025P... 1/' Director of Planning & Development Qty Hall 4310 Queen Street Niagara Falls, ON J2E 6X5 September 1, 2016 Re: Proposed changes to faun produce outlets As a long time resident of Mountain Road, we have great concerns over the proposed changes to the farm produce outlet by laws. We are not opposed to fruit stands on farm properties where the sale of the farmersownsproduce is grown, however we are opposedto those individuals wanting to sell products, produce and other 'added value products' notgrown on thefarm land. Our concerns are as follows: *allowing a frultsiandto sell multiple products in an area zoned residential (will this lead to others being allowed to sell craft items, clothing items, etc in front of their homes? ) *NQ permits are required and no taxes are paid on pr u»ts *MANY SAFEPf concerns, bike lane is o€ten usedfor parking, neighbouring driveways often blocked and used for parking (please nate; CanadaPostsuspended car mail delivery service several years ago due to the increased risk factors of its drivers) *a by law was passed preventing home owners from havingmuitiple garage sales krone year, allowing these types of stands is an equivalent nuisance such as having a garage salsdailyforneighbouring properties It should also be noted thatthese proposed changes have been brought forward by a single individual whom will benefitfrom such dranges_ However it should be noted that this individual has been served notice from the Qty of Niagara Falls in 2014 and 2015 to cease operations as they did not meet the current by law requirements. In 2016 the produce outlet once again re -opened, ignoringthe city's request to remain closed. it should also be noted thatthe by law requirement a€the structure remaining 3 metre_sfromthefrontiotline has also not been followed. The current structure is on regional road allowance property and there is no encroachment agreement as per Niagara Region Public Works Dept We greatly appreciate your assistance in preserving our residential home and our safety and nuisance concerns. Please note that photo's have been submitted to the planning department itlusts citing some of our current issues with parking and safety wise. Sire Or' ttteJ Emilie & BrianWetherell abg % ruyL wT From: Ken Mech <tanech@ agarafalls.q> To: ^bdanandem@neizero.com <bdanandem@netzero.com> Sem Tim, Jul 07, 201510:11 AM Su6iecC RE Development holding zone (DH) by-law coming into A Emilie, riot to the current zoning use has �be �� Iti1 E established p by-law. T orming use is a use that was legally previous zoning Y- " e legal non-com TUNE reo�us WfFg by Iw.TtS se J A) Olt effect. This means that the use had to have been allowed by the P mus P� vps r40of—D, . R continuoust6ma!m � 1g79 There is no guarantee that the zoning the on November 5, that was in effect in 1979. Further research By-law No. 79-200came into effect zoning Zoning Y' ro arty in question is the same currently in effect on the property would be required. What street a property is located on does not affect its status. Ke , MCI?, RPP Manager of Current Planning 4107Of a�fem@ne4zero.com 905-356-7521 Ext. �.�1 On Behalfpin; bdanandem@ ero.net[maiK° �arandem@ Sent Tuesday, 7uly 07, 2015 9:27 AM To: Ken Meds zone (DH) Subject Development continuous use required to be � � deemed tech: legal non conforming .n �. zone, is a businesses or more, is it still Dear Foreit•year, or two y To maintain status been operating ? instance , if the business has Not "legal non conforming"? r More or after 1979? m Nva Falls? Does matter Business operated is on Region Road Do the same rules apply if business Thank you, Emilie Wetherell fod.com �,p.ppq(,�csc9EiG. Lst Laxs tpG&msgNr+= ._ _.o...,,nm2nStiNit��sg 7/5/2016 c6"Ar rag NETZER Prinlatle Version n From: Brian Emilie <brianandem@retzero.com> To: diorfrda@niagarafalis.ca Cc: wthomson@fallsviewgroup.com, brianandem@netzero.com Sent Tue, Jul 05, 2016 08.33 AM Subject 6680 Mt Rd FRUITSTAND Dear Mr lorfida: awes recommended that I contact you for help and recommendatlonsfar sending a letter to city council fertile July 12 meeting and t understand that Wed July 6 is the deadline to getting it on the agenda. RE: Fruit stand that has opened AGAIN onJuly 3/16 and the "run around" l have received since June 2014 when it opened fertile firsttime. from Mark Andrews: Aug 4, 2014 "registered leiter sentto Jean Desson to dose the fruitstand" June 22, 2015 issues were sorted out and this fife has since been dosed" from Alex Hedovitch: Aug 18, 2015 "wit review it this week priorto sending out a leiter" Sept 2, 2015 'yes a letter was sentto Mrs Desson: She has requested a meeting with staff which could be scheduled next week. 1 have now referred your complaintaboutthe apartnentat6680 to by-law Enforcement for further investigation" Oct 22, 2015 "Thank you for your email. Mrs Desson has advised thatshe has dosed her standforthe season. The Planning Department is reviewingthe bestapproadt to deal with alt fruit stands in the City as a whole. I will certainly contact you again when 1 have something to share? As at Monday, July4, Mr Hedovdch is on vacation and I have had no further information. RE: Humane Society: In 2015, I contacted the HS 25 +times via entails and phone calfs and the Mr and Mrs Oszczypek (neighbours on west side) iced over 7 reports. I filed a report on 5/31116: Ashley confirmed thatshe did go out (butt did not get date of this visit) and she recommended that l contact the cityx4341 butt's dept was "too busy with grass cutting violations". She advised me on 6/23/16 that the next time she will go directly to "Part 3 and issue a summons and 1 would have to be a witness, however my next 10 phone call messages and 4 fax messages have not be returned to date. I am notasldng for special treatment, just asking the city to enforce the existing rules and bylaws. t am trying notta be frivolous but I am very frustrated and need your help. Yours truly, Emilie Wetherell Affordable Wireless Plans Set up is easy- Get online in minutes. Starting at only $9.95 per month! www.netzero.net?refcd=nzmem0216 rinm"„mnna.n i.gni xmgaNum=00001UW:001NUu^000001... 111 n avytawf-e4,IIc -1).Ds Reg;00 vt Lo(479 niff RD• ogq/044 Arz-wimrt2 4115 A tc?"66. virri-F -7-74 E sliebfrey11.214-ALb 11-1 1/0 iziA ler --rewb w kf,c-R is k2. &It) RE6-/04.72._ 6/Lok (top Ro FiE Location Ma Subject Land T E C % Mess°6e Center Printatieversim From: °Vujic, Petar <petarwlic@niagararegion.ca> To: '"brianandem v@neizero.com" <brianandem@nefzero.com> Sent: Thu, Sep tit , 2016 11:43 AM Subject: requested information Hi Emilie, This is all we have on file, no encroachment agreement, however it seems that apparently we did not take a road widening. Petar Vujic Supenrisor Corridor Niagara Region Public V 905-685-4225 ext 3238 pets r.vuj ic(o)n iagara region.ca From: Salvatore, Pam Sent Thursday, August 07, 2014 11:03 AM To: Zeoli, Jim Cc: Tripp, Stephanie Subject: Desson - 6680 Mountain Road, Niagara Falls Jim. The legal description of Desson's property (PIN 64285-0013) indicates that Niagara Region did not take a road widening. We are not aware of any encroachment agreements. Hope this helps. Pam Ext. 3782 The Regional Municipality of Niagara Confidentiality Notice The information contained in this wuununication including any attachments may be confidential, is intended onlyforthe use of the recipients) 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 strip prohibited. Ifyou have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. s.u...,h...i....,:�w __....._....�F....:.......;:x......m^GJie,-fn,rnThfl rmnon,nn erirDirCARan,enhI, mn_nrC(177k rrn1iin,drnnnnrfin 1/1 j The City's Planning, Building & Development Division is initiating amendments to the zoning by-laws that regulate development in the'whole of the City, with the exception of the area known as the former Township of Humberstone. Zoning By-law Amendment Application- City File: AM -2016-013 General Amendments to Zoning By-law Nos. 79-200,1538 (1958) & 395 (1966)_ NOTICE OF APPLICATION & OPEN HOUSE OPEN HOUSE The City wants to give you an opportunity to hear about the amendments and to ask questions. The City also wants your comments on the amendments before a staff recommendation report is prepared and presented to Council at a future Public Meeting. Your comments may be given verbally or in a written form. To accomplish this an Open House has been arranged for: Date: Thursday, September 1, 2016 Time: 5:0G PM A representative from the Planning and Development Division will be in -attendance at the Open House to present the amendments and to answer questions. Place: Committee Rm 2, City Hall 4310`@user Street " --- - - PROPOSED CHANGE The amendments are proposed to introduce new definations and regulatory provisions for farm produce outlets in Zoning By-law Nos. 79-200, 1538 (1958), and 395 (1966). The areas of the City affected by these by-laws are shown on the location map to the right. The following is a general description of the amendments proposed: = Add definitions of a farm produce outlet and value added product. • Add regulations for a farm produce outlet. DOCUMENTS Documents prepared in conjunction with the amendments may be viewed in the Planning & Development Division Monday to Friday between 8:30 a.m. to 4:30 p.m. or at the Open House. WRITTEN SUBMISSION Bylaw No. 79-200: Bylaw No. 395: 11] fee .4it yr r t; i F' i.4 %eizeter s a.Ivl/ pArig/ N;%/f al/1%11■t'II� 1i a� i5i1m Li gS%.S % it i miff �Zttinii N Iii .� �iras tb*t■■il11liilli1r ss'a\„■� uut■Ik s s,in ■■■■II & Bylaw No. 148:. Cll "GIS To provide comments in writing, please submit a letter to the Director of Planning & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 prior to or at the Open House. MORE INFORMATION For additional information, please contact Anamika Dilwaria, Planner 2, at 905-356-7521, extension 4246 or visit the Planning & Development Division, second floor, City Hall, between the hours of 8:30 a.m. and 4:30 p.m. Anamika Dilwaria From: Sent: To: Subject: Alex Herlovitch Monday, September 19, 2016 8:49 AM Anamika Dilwaria; Rita Marriott; Ken Mech FW: fruit stands Original Message From: Derek Costello [mailto:: Sent: Friday, September 16, 2016 8:34 PM To: Alex Herlovitch Subject: fruit stands Aleck: Planning j �J'.S+caann�edd I File:/�%7�' t I would like to see the fruit stand at 6880 mountain rd continued as their are no others in the area now, we shop there all the time. Thanks for your consideration Derek R. Costello C.E.T. - Planning Se-linnet) Anamika Dilwaria From: Linda Dakin Sent: Sunday, September 18, 2016 8:39 PM To: Alex Herlovitch; Anamika Dilwaria Subject: Fruit Stand at 6680 Mountain Road To Whom it May concern: 1 have recently been informed the fruit stand on mountain road is under pressure to close. !for one, have been buying my fruit there for many, many years. I was under the impression this was grandfathered in, as it has been there for years. We do not have any fruit stands left, in this city and it is a shame that one neighbor, could cause so much trouble. Other than the market, which is only available on Saturdays, this is the only way we can buy truly fresh fruits and vegetables in the summer. Please, consider the people, who have been stopping by for years to get summer fruits and vegetables and keep this fruit market open. Please, do not let Niagara close it's last fruit stand. Sincerely, Linda DalCin 4902 Shirley Avenue, Niagara Falls, Ontario L2E 5B8 1 SEP 1 9 2616 PLANNING .M Anamika Dilwaria From: Alex Herlovitch Sent: Monday, September 19, 2016 8:50 AM To: Anamika Dilwaria; Rita Marriott; Ken Mech Subject: FW: Fruit Stand From: Larry Dal Cin [mailto: Sent: Saturday, September 17, 2016 6:18 AM To: Alex Herlovitch Subject: Fruit Stand I buy fruit from Ms. Desson's fruit stand and request it remain open ! Thank you, Larry DalCin 5430 Inglis Drive Niagara Falls On 12e2v2 9 21116 PLANNING . & DEV EI_OPM ENT,�� Anamika Dilwaria Planning Scanned From: Candy Harris < _ _. Sent: Saturday, September 17, 2016 12:12 PM To: Alex Herlovitch Cc: Anamika Dilwaria Subject: J. Desson Fruit Stand - 6680 Mountain Rd. Good morning I am writing this e-mail in support of Jean Desson and her fruit stand located on Mountain Rd. Frankly, I don't understand why the operation of this small business for two months of the year is even going before council since its location and goods sold from it comply with the zoning by-law for that area. It's a lovely, little stand operated by an honest and charming senior citizen who is only trying to supplement her income. She is an asset to the city and to her neighbourhood, in particular. Respectfully, Candace Harris 3874 Welland St. Niagara Falls, ON L2G 6J4 PLANNINGO PM _ &DEVELOPMENT Anamika Dilwaria From: Sent: To: Subject: le Planning Scanned Richard MacKenzie < ,> Saturday, September 17, 2016 11:10 AM Alex Herlovitch; Anamika Dilwaria; organicraspberries@gmail.com Fruit Stand, Mountain Road Ms. Desson's fruit stand is a wonderful source of fresh, locally grown produce for the neighborhood, and for passersby. It reminds us where our food should come from, and provides flavor that can't be shrink wrapped and imported. Rick MacKenzie Anamika Dilwaria From: Alex Herlovitch Sent: Monday, September 19, 2016 8:50 AM To: Anamika Dilwaria; Rita Marriott; Ken Mech Subject: FW: Fruit stand Original Message ---- From: Rose [mailto:: _ Sent: Saturday, September 17, 2016 10:48 AM To: Alex Herlovitch Subject: Fruit stand 1 support the fruit stand located at 6680 Mountain road Sent from my iPhone Rita Marriott From: Alex Herlovitch Sent: Monday, September 19, 2016 12:51 PM To: Anamika Dilwaria; Rita Marriott; Ken Mech Subject: FW: From: Dawn Stangelo[mailto:dstangelo@uemconsulting.com] Sent: Monday, September 19, 2016 10:13 AM To: Alex Herlovitch Subject: Hello I just wanted to let you know that I support Jean Desson's fruit stand on Mountain Road. It is so nice to be able to buy fresh fruit there during the summer without having to go down to Niagara -on -the -Lake, I drive by there everyday on my way to work as well .Early morning lunchtime and after 4. I have never noticed any traffic problems and Jean has gone out of her way to have a turnaround so customers can drive right through. 2,7c'7fl 57 ftrie9 ,,'. 6 UEM Consulting Inc, 4701 St. Clair Avenue, Suite 301 Niagara Falls, On L2E 359 Phone No: 905-371-9764 Toll Free: 1-866-840-9764 Direct Line: 289-271-7358 ©e Anamika Dilwaria Planning scanned From: Sent: To: Subject: Herman Veenendaal < Friday, September 16, 2016 6:43 PM Alex Herlovitch; Anamika Dilwaria; organicraspberries@gmail.com PublicNotice-AM2016013 I am writing to support the fruit stand located at 6680 Mountain Road, the operation of which is the subject of this public notice. Small, privately owned fruit stands are becoming a rarity in the Niagara region, displaced by big box stores with imported produce. I feel it is important for the city to support small entrepreneurs and to provide an outlet for locally grown produce. Ms. Desson is a pleasure to deal with and must be allowed to continue her operation. Respectfully submitted, Herman Veenendaal PLAN NINA °-`:,'=LO hMtNi fl aggp Planning Scanned Anamika Dilwaria From: John Vezeau < Sent: Sunday, September 18, 2016 10:00 AM To: Alex Heriovitch; Anamika Dilwaria; organicraspberries@gmail.com Subject: Fruit Stand at 6680 Mountain Rd, Niagara Falls, Ont. Dear Sir: Please be advised that 1 often visit this fruit stand. 1 fully support it 100 % 1 would be very disappointed if it was to be closed down. Regards John Vezeau SEP 1 9 2016 PLANNING `-,_t;PMENT Planning Fda 417/13:71 Rita Marriott From: Alex Herlovitch Sent: Monday, September 19, 2016 8:30 PM To: Anamika Dilwaria; Ken Mech; Rita Marriott Subject: FW: support letter From: Laura Hickey [mailto: Sent: Monday, September 19, 2016 5:19 PM To: Alex Herlovitch; Anamika Dilwaria; organicrasoberries@gmail.com Subject: Fwd: support letter Ms. Desson has once again been summoned to justify the operation of the seasonal fruit stand that she operates on her property at 6680 Mountain Road for two months. Niagara Falls council needs to make a clear decision on this matter to avoid further wasting Council's and tax payer's money. Ms Desson's fruit stand is popular with local residents as well as many tourists to the City of Niagara Falls because of the courteous service and the high quality produce that Ms Desson offers that is either grown on her own property at 6680 Mountain Road or sourced from other local Niagara farmers. It provides a source of fresh produce which is often not available at the corporate establishments whose "locally grown" products may not even originate in the our Niagara Region. I and my husband fully support the continued operation of Ms. Desson's fruit stand. Jim and Laura Hickey Rita Marriott From: Anamika Dilwaria Sent: Wednesday, September 21, 2016 8:47 AM To: Rita Marriott Cc: Ken Mech; Alex Herlovitch Subject: FW: Support for Local Produce Stands Categories: Red Category From: aldaCla cogeco.ca [mailt& Sent: Tuesday, September 20, 2016 5:30 PM To: Alex Herlovitch; Anamika Dilwaria Cc: organicraspberries@gmail,ca Subject: Support for Local Produce Stands Whom It May Concern, I am writing in support of the seasonal fruit and vegetable stand operated by property owner, Jean Desson, at 6680 Mountain Road, Niagara Falls. Jean provides delightful and flavourful locally grown fruits and vegetables to Niagara residents as well as to tourists who thoroughly appreciate finding authentic, local produce. We have to endure tasteless imported produce during the winter, but in season we should be savouring our local fruits and veggies and supporting and encouraging local growers. The taste and juicy goodness of the produce found at Jean's stand outclasses anything found in local supermarkets and in most of the so called "farm Markets". I urge you to not allow the pettiness of one neighbour to jeopardize Jean's operation. Thank you and best regards, Alda Bianco-Dolino Anamika Dilwaria From: Alex Herlovitch Sent: Monday, September 19, 2016 8:49 AM To: Anamika Di!waria; Rita Marriott; Ken Mech Subject: FW: Re Fruit stand at 6680 Mountain Rd From: wkeen [mailto:wkeen@c Sent: Friday, September 16, 2016 10:13 PM To: Alex Herlovitch Cc: Chick Desson Subject: Re Fruit stand at 6680 Mountain Rd I understand that this stand may be under some scrutiny via Zoning bylaw and amendments. I frequent this stand, have been a customer of Mrs. Desson for a number of years and would like to offer my support for her operation. She has a short selling season, is located outside the mid -city and presents no adverse effect to traffic nor the environment. She has supplied her customers, locals and tourists alike, with fresh, local grown produce on a daily basis which otherwise is only available very early Saturday mornings at the city market. Eliminating or hampering small entrepreneurial operations such as hers diminishes community spirit and the availability of fresher local grown produce the corporate grocery stores cannot provide. Sincerely William Keen 4583 Homewood ave. 1 PLANNING FIRE DEPARTMENT Inter -Departmental Memo To: Dean Iorfida City Clerk From: Jim Boutilier Fire Chief Date: September 9, 2016 Re: Fire Prevention Week 2016 Please arrange to have the attached Proclamation placed on the September 27, 2016 Order of Business for Council. It is requested that the week of October 9 to October 15, 2016 be proclaimed as "Fire Prevention Week". This year's theme is "Don't Wait. Check the Date — Replace Smoke Alarms Every Ten Years!" JB:tc Attach. A Great City ... For Generations To Come City of Niagara Falls Mayor's Proclamation WHEREAS the City of Niagara Falls is committed to ensuring the safety and security of all those living and visiting our city; and WHEREAS fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk to fire; and WHEREAS nearly 3,000 people die each year as a result of home fires; and WHEREAS roughly two-thirds of home fire deaths resulted from home fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS residents who have planned and practised a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS the National Fire Protection Association recommends at least one smoke alarm on every level of the home (including the basement), outside all sleeping areas, and in all bedrooms; and WHEREAS informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public's safety from home fires; and WHEREAS Niagara Falls first responders are dedicated to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS the 2016 Fire Prevention theme for this period is "Don't Wait, Check the Date - Replace Smoke Alarms Every Ten Years!" NOW THEREFORE, I James M. Diodati, Mayor of Niagara Falls, do hereby proclaim October 9 to 15, 2016 as Fire Prevention Week; and FURTHER, encourage all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2016 and to support the many public safety activities and efforts of the Niagara Falls Fire Department; and FURTHER, challenge all residents to take responsibility for their fire safety and check their home and ensure that they have a working smoke alarm on every floor of their house and outside their sleeping areas, as well as at least one working carbon monoxide alarm. September 16, 2016 Clerks Office City of Niagara Falls 4310 Oueen Street Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr lorfida Since 1954, the Optimist Clubs across North America have recognized the accomplishments of youth in the home, school, church, and the community. Every Fall, the Optimist Club of Niagara Falls honours the youth of our city for their talents in the arts, academics, and athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual "Youth Appreciation Awards Night" we ask that you issue a proclamation, proclaiming the week of October 31st- November 5 2016 as "Youth Appreciation Week" in the City of Niagara Falls. We thank you in advance for this undertaking. Yours in Optimism, 2—c -Lk rren Roberts Vice -President Niagara Falls Optimist Club 905-358-0033 niagarafallsoptimistclub@bellnet.ca THE OPTIMIST CLUB OF NIAGARA FALLS P0. Box 124, 7085 Morrison Street, Niagara Falls, Ontario L2E 658 Phone: 905-358-0033 Fax: 905-358-9661 Dean Iorfida Front Dennis Bartel <publicrelationsmanager@toastmasters86.org> Sent: Tuesday, September 13, 2016 4:12 PM To: Dean Iorfida Subject: Proclamation for October to be Toastmasters Month Hello Dean Iorfida, I am inquiring on how to have October proclaimed Toastmasters month in Niagara at the September 27, 2016 council meeting. In addition to having 2 Toastmasters clubs in Niagara Falls, District 86 Fall conference is being held November 25 to November 27 in the city, and the 2012 – 2014 Region 6 International Director, Lori Lococo resides in Niagara. Her leadership on the world stage as a Board Director for Toastmasters International has expanded her role as an ambassador for Niagara everywhere she goes. As of August 2014, Lori was one of 14 elected Directors and is charged with setting the strategic direction for the organization, policy development and budget and financial oversight. Niagara Fall is is in District 86 which consists of over 235 clubs (of which 2 our in Niagara Falls and 10 within 40 km – 29 including the United States clubs) and 5000 members in Southwestern, Central & Northern Ontario. District 86 Toastmasters, is holding it's annual Fall Conference November 25 to November 27 at the Marriott Gateway on the Niagara. We are expecting over 300 members across the district to take part in workshops, speech contests and be inspired by speakers such as World Champion of Public Speaking Jim Key. Toastmasters International is a world leader in communication and leadership development. Our organization has more than 345,000 memberships. Members improve their speaking and leadership skills by attending one of the 15,900 clubs in 142 countries that make up our global network of meeting locations. The world needs leaders. Leaders head families, coach teams, run businesses and mentor others. These leaders must not only accomplish, they must communicate. By regularly giving speeches, gaining feedback, leading teams and guiding others to achieve their goals in a supportive atmosphere, leaders emerge from the Toastmasters program. Every Toastmasters journey begins with a single speech. During their journey, they learn to tell their stories. They listen and answer. They plan and lead. They give feedback—and accept it. Through our community of learners, they find their path to leadership. Thank you Dean, Appreciate your time and assistance. Please let me know if require anything else and if the proclamation will be issued and presented. Sincerely, Dennis Dennis Bartel, ACG ALB Public Relations Manager District 86 Toastmasters 416-318-5776 www.toastmasters86.orq like d86 Facebook Page District 86 conferences This message was sent to you by Dennis Bartel, ACG ALB Public Relations Manager District 86. Please contact publicrelationsmanager@toastmasters86.org if you do not wish to receive electronic messages please reply by email and write "unsubscribe". 1 WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: Toastmasters Month Toastmasters International is a worldwide non profit educational organization that empowers individuals to become more effective communicators and leaders with more than 345,000 memberships, members improve their speaking and leadership skills by attending one of the 15,900 clubs in 142 countries that make up our global network of meeting locations; and Honeymoon City Club and Hatch Masters, as part of District 86, which serves over 235 clubs and 5000 members, in South- western, Central & Northern Ontario, in coordination with the rest of the districts worldwide, celebrate Toastmasters Month annually to commemorate its anniversary and to further propagate the mission of the organization; and clubs provide a supportive and positive learning experience in which members are empowered to develop communication and leadership skills, resulting in greater self-confidence and personal growth; and By regularly giving speeches, gaining feedback, leading teams and guiding others to achieve their goals in a supportive atmosphere, leaders emerge from the Toastmasters program; and The Toastmasters program helps people develop skills in speaking, listening, giving feedback, decision-making, effective meeting management, delegating and mentoring, vital skills that promote self actualization, enhance leadership potential, foster human understanding and contribute to the betterment of humankind; and WHEREAS: The opportunities offered by Toastrnasters clubs play an important part in developing members and community leaders. THEREFORE: I, Mayor Jim Diodati, do hereby proclaim October 2016 as "TOASTMASTERS MONTH" in the City of Niagara Falls. Dean Iorfida From: Carey Campbell Sent: Thursday, September 15, 2016 2:27 PM To: Dean Iorfida Subject: FW: Proclaim Waste Reduction Week in Canada 2016! From: Waste Reduction Week in Canada [mailto:wrw@rco.on.ca] Sent: Wednesday, September 14, 2016 5:02 PM To: Jim Diodati Subject: Proclaim Waste Reduction Week in Canada 2016! n Waste Reduction Week in Canada Oct. 17 - 23, 2016 Waste Reduction Week in Canada, a coalition of environmental non-profit and government organizations from the 13 participating provinces/territories, are asking municipalities, businesses, and schools across Canada to demonstrate their commitment and accomplishments in waste reduction by proclaiming Oct. 17 — 23, 2016 as Waste Reduction Week in Canada. Municipalities are the bedrock of Ontario's waste reduction success by collecting more than 2 million tonnes of packaging, hazardous, and organic material every year. Waste Reduction Week in Canada provides you and your residents a platform to recognize the benefits of waste reduction, and we hope your municipal council and waste staff will take this opportunity to support a national environmental campaign that builds awareness around issues of sustainable and responsible consumption; encourages choice for more environmentally responsible products/services; and promotes actions that divert more waste from disposal and conserve natural resources. Proclamations Proclaiming Waste Reduction Week and holding events helps promote your community's pride and leadership in waste reduction. In 2015 more than 70 communities across Ontario officially proclaimed Waste Reduction Week. The process for proclaiming has changed for 2016: to eliminate paper use, we are only accepting completed certificates online. It's easy. To proclaim Waste Reduction Week in Canada follow these simple steps: 1. Download the proclamation certificate and include your municipality's logo and seal on the bottom right. You are welcome to use your municipality's own certificate template instead, if desired. 2. Visit www.wrwcanada.com/proclamations and upload the certificate, or email your certificate to wrwarco.on.ca. Once submitted, your municipality's proclamation will be posted to www.wrwcanada.com within 1-3 business days. Promotion Municipalities are encouraged to hold events and host facility tours that showcase and celebrate the behind the scenes work that goes into waste reduction and recycling. Register your events online at www.wrwcanada.com. You can also support Waste Reduction Week in Canada through social media using hashtag #WasteReductionWeek in your communications. Share ideas, stories, and pictures of waste reduction initiatives to demonstrate commitment to reducing waste both at home and in the community. Please join municipalities, schools, and other organizations across Canada by proclaiming Oct. 17 - 23, 2016 as Waste Reduction Week. For more information, visit www.wrwcanada.com. Thank you for your commitment to the environment and waste reduction. Kind regards, Jo -Anne St. Godard 2 Executive Director Recycling Council of Ontario 416.657.2797, ext. 3 wrw anrco.on.ca About Recycling Council of Ontario Since 1978 RCO has worked closely with municipalities and businesses across Ontario to inform and educate all members of society about the generation of waste, the avoidance of waste, the more efficient use of resources, and the benefits and/or consequences of these activities. We also run programs that support waste reduction goals. Take Back the Light can help municipalities recover and recycle spent lights, whether they are generated through relighting, on-going maintenance, or facility retrofits. The program also works with organizations that recycle lights outside their purchase arrangements, and accepts lights and light fixtures in all quantities. Every light is tracked, and 98 per cent each light collected is diverted from disposal with component parts reused wherever possible. Visit wvvw.TakeBacktheLight.ca to learn more. 3RCertified is a unique program that reviews how organizations manage solid waste reduction and diversion operations. Participating facilities achieve certification levels based on established criteria and third -party evaluation of waste management and reduction practices. Visit www.3RCertified.ca to learn more. Waste Reduction Week in Canada 1 STAY CONNECTED Recycling Council of Ontario P.O. Box 83, Orangeville, Ontario L9W 2Z5 Canada Unsubscribe idiodati@niagarafalls.ca Update Profile About our service provider Sent by wrw@rco.on.ca in collaboration with 3 0 Dean Iorfida From: Bill Matson Sent: Thursday, September 08, 2016 8:52 AM To: Dean Iorfida Subject: FW: City of Niagara Falls Mayor and the City Counsellors to discuss the benefits of World Mental Health Day. Attachments: WFMH Letter of Support 2016.doc; LUP-2016 LETTER.doc fyl From: Jan Mc [mailto:janicebarbar@gmail.com] Sent: Thursday, September 08, 2016 2:05 AM To: Bill Matson; Wayne Campbell; Kim Craitor; Carolynn ioannoni; Vince Kerrio; Joyce Morocco; Victor Pietrangelo; Mike Strange; Wayne Thomson Fallview Account, Jim Diodati Subject: City of Niagara Falls Mayor and the City Counsellors to discuss the benefits of World Mental Health Day. Dear Mayor Diodati and Council Members, Initiated in 1992 by the World Federation for Mental Health, World Mental Health Day occurs annually on October 10th. Sadly, the need for worldwide awareness related to bullying and mental health continues to grow. Hence, Carol Todd & the Amanda Todd Legacy Society will again work in association with the World Federation for Mental Health during its 2016 Dignity in Mental Health campaign. To achieve our comprehensive goal, we request your support during our 4th annual awareness event, 'Light Up Purple'. We respectfully request that Mayor Jim Diodati, issue a Proclamation in support of World Mental Health Day (if you still issue proclamations). Approximating many other international cities including Toronto, Ottawa, Vancouver, Las Vegas, Minneapolis, Ireland and Boston, we request your help to bring much needed attention to the significance of purple and mental health & wellness by holding a discussion on the benefits of mental health awareness. The Legacy is again thankful to Niagara Falls Park for agreeing to light up purple. We encourage discussions with staff members related to mental health and the importance of seeking help, and encourage participation in other purple ways (clothing, ribbons, balloons, cupcakes) if possible. The Legacy was founded after Carol's daughter, Amanda, took her life on October 10, 2012. Amanda had a dream of helping other children. As part of her legacy, we ask you to embrace, 'Light Up Purple' and say no to bullying and abuse. Bullying can and does bring about mental illness distresses. Together we can encourage others to speak up, reach out, and no longer be a bystander. 1 Thank you for your consideration. Please visit the Legacy website www.lightuppurple.com to find out more about this important initiative. We would love to include you on our list of Caring Supporters for 2016 and hope to hear from you soon. Sincerely, Jan McNeill Project Assistant, Light Up Purple 2016 www. a mandatoddlegacy.orq, www.lightuppurple.com Twitter: @AToddLegacy, @c_todd, @lightuppurple Facebook: Amanda Todd Legacy - Staying Strong; Light Up Purple on Oct 10 - World Mental Health Day #lightuppurple #LUP2016 #WMHD #worldmentalhealthday 2 May 30, 2016 World Federation for Mental Health Amanda Todd Legacy Society Attn: Carol Todd To Whom It May Concern, The World Federation for Mental Health is proud to support the Light Up the World Purple Awareness Campaign as part of an international effort to increase awareness about mental health and the effects of bullying. As the creators of World Mental Health Day we are always on board to support campaigns that bring international awareness to mental health issues. Your Light Up the World Purple project is important to create awareness regarding the effects of bullying on a person's mental health. We understand the significance of this date in your family and know how important it is to make sure that October 10th - World Mental Health Day is used to highlight the awareness campaign. It is hoped that we can help spread the word about all that you are doing. If possible, try to send us pictures of the event so that we can post them on our website to show the world your event! I would be happy to send you our WFMH logo to use for your WMHDAY Event and if there is anything else we can do, please let me know. Thank you and good luck with your campaign! Da Deborah Maguire WFMH, Director of Administration WMHDAY Coordinator AMANDA TODD LEGACY 'THE DREAM OF HELPING KIDS' amandatoddlegacy.org I info@amandatoddlegacy.org The Amanda Todd Legacy Society would like to invite you to participate in the 4th Annual Light Up Purple campaign for World Mental Health Day (WMHDay) on October 10th, 2016. WMHDay was first celebrated in 1992 as an initiative of the World Federation for Mental Health. We are pleased to see an increased awareness in mental illness by the growing involvement in Light Up Purple over the past three years. People, schools, businesses, organizations and landmarks from all around the world have joined together to show their support through illumination, proclamation, and wearing purple. This year we hope to expand of our list of supporters and encourage all to participate in this event. Amanda's lasting message is based on her 'Dream of Helping Kids'. Her story continues to be shared in many countries around the world with people of all ages. Awareness and understanding with respect to exactly what mental health is and how we can educate around it, is so very important. The You Tube video Amanda created depicts the struggles she felt after endless years of torment due to bullying, cyberbullying and exploitation. It has been viewed cumulatively over 47 million times and within it, she shares her thoughts - "I'm struggling to stay in the world, because everything just touches me so deeply. I'm not doing this for attention. I'm doing this to be an inspiration and to show that I can be strong. I did things to myself to make the pain go away, because I would rather hurt myself than someone else. Haters are haters but please don't hate, although I'm sure I'll get them. I hope I can show you guys that everyone has a story and everyone's future will be bright one day, you just gotta pull through. I'm still here aren't 17' The world needs to stand together as one to MAKE A DIFFERENCE for our children now in the present and into the future. By educating and empowering all children and adults to speak up, reach out, and to not 'be a bystander'. We must advocate for change to avoid additional casualties. As caring communities of parents, youth, families, friends, classmates, co-workers and neighbours, we must STAND UNITED. Together we can show the entire world by lighting up purple that we say NO to bullying and the stigma of mental illness. Please support the #lightuppurple campaign on October 10th by helping to #makeadifference by standing together to create awareness towards mental health and cyberbullying. Carol Todd Founder, Amanda Todd Legacy Society www.amandatoddlegacy.org ONTARIOruuvvtil GENERATION es ival Lights NIAGARA FALLS * ONTARIO * CANADA Scotiabank Convention Centre, 6815 Stanley Avenue, Niagara Falls, ON L2G 3Y9 T: 905-374-1616 September 20, 2016 Mr. Dean lorfida, City Council The City of Niagara Falls City Hall, PO Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Ontario Power Generation Winter Festival of Lights: Fee Waiver Dear Mr. Iorfida, The Winter Festival of Lights would like to thank you for your continued support in celebrating the OPG Winter Festival of Lights. The Festival is asking Council for fee waiver approval of the following items: • Permission for use of the City of Niagara Falls property for illuminations and infrastructure for the following items: • Two Archways Victoria Avenue (same location as last year, near LCBO & near Promenade) • Teenage Mutant Ninja Turtle Displays (4) - Victoria Ave • Santa Sleigh- Victoria Ave • Jinju Displays- Victoria Ave • Light Bulb Displays- Victoria Ave • Ornament Display-Lundy's Lane Battleground museum • Nutcracker & Candy Canes - Lundy's Lane • Christmas Tree Wrapped lighting- Corner of Montrose Rd. & Lundy's Lane • Permission for partial Lane Closure on Lundy's Lane (between Royal Manor Dr. & Brookfield Ave) • 1 lane on each side of median • Lighting Display Installation to take place on median (see attached picture) • Requesting fee waived associated with road closure for events • Permission for Sidewalk Closure on Victoria Ave Promenade from December 23- December 31, 2016 4pm- 9:30pm • Requesting the use of City sandbags for events throughout the Festival Season (see attached details) • Winter Festival of Lights reduced fee for bulk WEGO service. The Festival is properly insured for these items and will add all concerned parties as additional named insured. Sincerely, Ontario Power Generation Winter Festival of Lights e Tints Myers Executive Director ONTARIOrruuwcH GENERATION estnralgfLights NIAGARA FALLS * ONTARIO * CANADA Scotiabank Convention Centre, 6815 Stanley Avenue, Niagara Falls, ON L2G 3Y9 T: 905-374-1616 September 20, 2016 Mr. Dean Iorfida, City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Fireworks Request Dear Mr. Iorfida, The Winter Festival of Lights would like to hold a fireworks display over the Falls on the following dates as part of the 2016/17 Winter Festival of Lights. Fireworks Over The Falls: Saturday November 19 6:30pm & 8:30pm (Time is approximate) Each Friday from November 25 — January 27 at 9:OOpm December 23 — 30 at 9:OOpm The Festival is properly insured for this and will add all concerned parties as additional named insured. Should you have questions please contact me at 905 374-1616 x. 1 Sincerely, Ontario Power Generation Winter Festival of Lights Tina Myers Executive Director NIAGARA FALLS INTERNATIONAL MARATHON September 19, 2016 To: Honorable Mayor Jim Diodati and Members of Council Re: Niagara Transit Request Dear Mr. Mayor and Members of Council: For the past several years, Niagara Transit has supplied the Niagara Falls International Marathon with the usage of six (6) buses and bus drivers. This service has helped the marathon by shuttling participants to various areas of the race while lowering costs. Please accept this as an official request for the donation of this service, which will be used to shuttle both the parents and children involved with our Schools Marathon Challenge from Rapidsview Drive to the Finish area and back. This challenge is free and open to all students in grades three through eight in the DSBN and NCDSB systems. This service would also be used to shuttle the participants from the Finish Line to bus pick up. In addition, the event requires road closure and barricade setup. We have made our application to the City's Transportation Services department. There is an associated fee with the road closure and setup. In Fort Erie, the Marathon provides volunteers to do the setup of the barricades etc., which saves our organization costs. As a result, we would respectfully request Council waive the associated fees. This year's event takes place on October 30, 2016. We are proud of the significant economic impact our event brings to the community. In addition to the various running options, this year's associated Race Expo takes place at the Scotiabank Convention Centre. We are working with Niagara Transit staff to provide earlier WEGO service on the days of the Expo to facilitate the attendance of runners and their families. We are extremely grateful for all the support that City Council and staff have given us over the years and look forward to continued support in 2016. Thank you in advance for your consideration of the various requests! Sincerely, Diane Chesla & Henri Ragetlie 2016 Race Directors Niagara Falls International Marathon Inc. 5603 Spring Street, Niagara Falls, Ontario, Canada. L2G I P9 Tel: (905) 356-9460 Fax: (905) 356-7156 racedirector@niagarafallsmarathon.corn www.niagarafallsmarathon.com Dean Iorfida From: Dean Iorfida Sent: Friday, September 16, 2016 1:50 PM To: 'Seca, Aldo' Cc: Johnstone, Bradley; 'Kelly, Jennifer'; Lydia Picca Subject: RE: food trucks -Saint Paul Hi Aldo: Similar to the past, I will bring forward the request to Council (Sept. 27th meeting) for their consideration. I have copied Jennifer at the Regional Health Department regarding the requisite paperwork from their end. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) Original Message From: Seca, Aldo [mailto:aldo.seca@ncdsb.com] Sent: Friday, September 16, 2016 12:26 PM To: Dean lorfida Cc: Johnstone, Bradley Subject: RE: food trucks -Saint Paul Hello Dean. Saint Paul will have the food trucks here on Friday, Oct 28. Can you please send me any necessary paper work I have to fill out. Thanks. Aldo From: Dean lorfida [diorfida@niagarafalls.ca] Sent: Wednesday, April 13, 2016 10:29 AM To: Seca, Aldo; Smith, Jeff; Costantini, Irene; Lennox, Giananne; hannah.diamond98@hotmail.com Cc: Lydia Picca;'jennifer.kelly@niagararegion.ca'; Franco Piscitelli Subject: RE: food trucks -Saint Paul Hi Aldo: At their meeting last evening, Niagara Falls City Council approved your Food Truck event in May, subject to appropriate Health Department inspections. Good luck with the event. 1 ` 2 Hotel Dieu 4jKShaver HEALTH AND REHABILITATION FOUNDATION August 5, 2016 Mayor's Office The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, We were extremely grateful to the City of Niagara Falls for supporting Hotel Dieu Shaver Foundation's Celebrity Ice Cup in 2016. Thanks to generous supporters like you, over $175,000 was raised last year to help purchase patient equipment! As the 2017 Celebrity Ice Cup approaches, we call on your generosity once again. We ask that you consider waiving the fees for the use of the Gale Centre in Niagara Falls on February 24`h, 2017. In doing so, you will help make a big difference in allowing us to continue the important work we do and to keep up with the latest technology and methods of rehabilitation in providing complex continuing care, rehabilitation and geriatric services to patients from across the Niagara region. The Celebrity Ice Cup is a two-day charitable hockey experience for amateur hockey players to play with and against legendary NHL alumni, including former Maple Leafs Captain Rick Vaive, Shayne Corson, Todd Warriner and Tom Fergus. The tournament kicks off the evening on Thursday, February 23rd with an unforgettable Draft Party at Holiday Inn Parkway in St. Catharines, where each team will select an NHL star to play on their team. Teams will hit the ice on Friday, February 24th at the Gale Centre in Niagara Falls. In addition, the top individual fundraisers from each team will play against the Celebrity All-Star Team at the end of the tournament day. The tournament will be attended by over 200 hockey players, as well as guests and attendees, and all proceeds from both events will help purchase much-needed medical equipment for the hospital. If you have any questions regarding this opportunity, feel free to contact me, or visit www.celebrityicecup.ca for more information. Si cerely • Stephan! Fa„, envelopment Coo' rdin for 905-685-1381 ext. 84214 stephanie.farr@hoteldieushaver.org Charitable registration 88931-7590 RR0002 541 Glenridge Ave St. Catharines, ON L2T4C2 T: 905-685-1381 ext. 84214 Fax: 905-687-4871 www.hoteldieushaver.org Niag; r all Arena Services c/o Gale Centre 4171 Fourth Avenue Niagara Falls, ON L2E 0A2 905-356-7521 Ext. 5600 rentals@niagarafalls.ca www.niagarafalls.ca Arena Contract Printed: 11 Aug 2016, 1109 PM User: rm330 Contract #: 10982 Date: 14 Jun 2016 User: Status: ab601 Tentative Recreation & Culture, hereby grants Hotel Dieu Shaver Foundation (hereinafter called the "Licensee") represented by Mary Jane Johnson, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. Iii) Date(s) and Time(s) of Use # of Bookings: 6 Starting: Fri 24 Feb 17 06:00 AM Ending: Fri 24 Feb 17 04:15 PM FacilitylEquipment Day Start Date Start Time End Date End Time Fee XFee Tax Total Gale Centre - Niagara Falls Fri 24 Feb 2017 06:00 AM 24 Feb 2017 11:00 PM $0.00 $0.00 $0.00 $0.00 Memorial Community Room Gale Centre - Sam Long Room Fri 24 Feb 2017 06:00 AM 24 Feb 2017 11:00 PM $0.00 $0.00 $0.00 $0.00 Gale Centre - Pad 1 - E.S. Fox Fri 24 Feb 2017 07:00 AM 24 Feb 2017 04:00 PM $954.81 $0.00 $124.13 $1,078.94 Gale Centre - Pad 4 - Centennial Fri 24 Feb 2017 07:00 AM 24 Feb 2017 04:15 PM $981.33 $0.00 $127.57 $1,108.90 Construction Gale Centre - Pad 3 - Meridian Fri 24 Feb 2017 07:15 AM 24 Feb 2017 04:00 PM $928.29 $0.00 $120.68 $1,048.97 Credit Union Gale Centre - Pad 2 - Lifetime Fri 24 Feb 2017 07:15 AM 24 Feb 2017 04:15 PM $954.81 $0.00 $124.13 $1,078.94 Financial Planning iv) Additional Fees v) Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit $3,819.24 $0.00 $496.51 $4,315.75 $0.00 Rental charges are due according to the following schedule: Date Amount Friday, Feb 242017 $4,315.75 Expected: 0 vi) Other Information. Prompt Attendance Insurance SOP Portable Washrooms Portable Bleachers Extended Hours Answer Yes No No No No Total Applied $0.00 Balance $4,315.75 Current $0.00 Page: 1 Dean Iorfida From: Cathy Crabbe Sent: Tuesday, August 30, 2016 10:46 AM To: 'Our Lady of the Scapular' Cc: rfoley6@cogeco.ca; Dean Iorfida Subject: RE: Syrian Hockey Game Thank you Fr. Paul. This message is being copied to our City Clerk and will accompany the request to Council for consideration in waiving the ice time charge on August 20 for your event. Regards, Cathy C.04-4 Crrabbye, Executive Secretary Office of the Mayor and CAO City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 T: 905-356-7521 — Ext. 4202 F: 905-374-3557 ccrabbeeniagarafalls ca From: Our Lady of the Scapular[mailto:ourladyofthescapular@cogeco.net] Sent: Tuesday, August 30, 2016 10:20 AM To: Cathy Crabbe Cc: rfoley6@cogeco.ca Subject: Syrian Hockey Game Good Morning Cathy: This email is to request relief for the cost of renting the Gale Centre for our Syrian Hockey game held on Saturday, August 20 at the Gale Centre.. This hockey game was used as a fund raiser as well as a thank you for the various families who have been preparing our parish (and other parishes in the Diocese) to sponsor a Syrian Refugee family. Thank you for your consideration in this matter. Niagara lis Arena Services c/o Gale Centre 4171 Fourth Avenue Niagara Falls, ON L2E 0A2 905-356-7521 Ext. 5600 rentals@niagarafalls.ca www.niagarafalls.ca Arena Contract Printed: 06 Sep 2016, 12:25 PM User: rm330 Contract #: 10891 Date: 13 May 2016 User: bp310 Status: Firm Recreation & Culture, hereby grants MacNeil, Paul (hereinafter called the "Licensee") represented by Paul MacNeil, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. 18) Date(s) and Time(s) of Use # of Bookings: 2 Facility/Equipment Day Gale Centre - Pad 1 - E.S. Fox Sat Gale Centre - Niagara Falls Sat Memorial Community Room iv) Additional Fees Extra Fee - Bookings Insurance Adult Non -con Hockey/team/hr Start Date 20 Aug 2016 20 Aug 2016 v) Payment Method Rental Fees Extra Fees Tax $381.62 $10.00 $50.41 Starting: Sat 20 Aug 16 12:30 PM Ending: Sat 20 Aug 16 04:00 PM Start Time 12:30 PM 01:00 PM Hours 1:30 1:30 Rental Total $442.03 End Date 20 Aug 2016 20 Aug 2016 Quantity 1 End Time 02:00 PM 04:00 PM Fee XFee $306.62 $10.00 $75.00 $0.00 Charge Tax $10.00 $0.80 Damage Deposit $0.00 Rental charges are due according to the following schedule: Date Amount Tuesday, Aug 23,2016 $442.03 vi) Other Information vii) Additional Notes Niagara Falls Memorial Community Room - Gale Centre Pad 1 - E.S. Fox - Gale Centre $10.00 $0.80 Expected: 0 Tax Total $40.66 $357.28 $9.75 $84.75 Total Applied Balance $0.00 $442.03 Total 510.80 $10.80 Current $442.03 Page: 1 Dean Iorfida From: Carey Campbell Sent: Thursday, September 08, 2016 2:49 PM To: Dean Iorfida Cc: Serge Felicetti Subject: FW: Urban Slide 2016 For Council's consideration. Thank you. carey From: Tony Smith [mailto:tony@365sports.ca] Sent: Thursday, September 08, 2016 2:46 PM To: Jim Diodati Cc: dean.iorfida@niagarafalls.ca Subject: Urban Slide 2016 To: His Worship Mayor Diodati and Members of Council, As you are aware 365 Sports Inc. is bringing the Urban Slide to Niagara Falls tomorrow August 13th 2016, this is the forth stop of our sixth stop inaugural Urban Slide Canada tour. With three stop already completed we have a proven track record resulting in substantial economical impact. With an average of 2500 participants and, in many cases, an equal number of spectators we estimate that our total numbers are between 4500-6000. In all cases both the spectators and participants took full advantage of the local offerings from food and beverage to gas and groceries. To put on an event such as the Urban Slide there are significant costs involved that we are aware of and fully expect to invest in. For example, marketing initiatives designed to bring people to an event, and the infrastructure and resources required to execute an event of this scope. As we have moved through the tour we have learned things don't always go as expected and there are unexpected costs that can arise. However, in the case of Niagara Falls we were completely caught off guard with the traffic control/ detour plan costs. Unlike our other venues that covered these costs, we were fully cognizant of the fact that this was under our area of responsibility when we brought Urban Slide to Niagara Falls. What we did not anticipate or fully understand was the scope and cost of this undertaking. We now understand that 82 detour signs plus many directional signs are required. We had no way to anticipate the cost considering the three previous markets we were in, Orangeville, Meaford, Penetanguishene and at these venues the traffic diversion was handled internally. You can imagine our surprise when we were informed that the cost was $17,300 plus HST along with the additional engineering Book 7 cost of $2980 plus HST. Had we been made aware of the actual costs associated with the traffic/detour plan or been provided with some type of estimate of these costs during our initial meeting, Niagara Falls would likely not have been a feasible destination for us. Urban Slide is a new venture for 365 Sports. With any new property undertaking in the events industry, the start up comes with numerous costs during the first year. We spend a lot of time and resources developing mutually rewarding relationships with communities to establish a positive impact so we will be welcomed back for years to come. 1 Because this is a new property for 365 Sports and based on our previous experience initializing new properties, we know that 2016 will not yield a profit for our Urban Slide venture. We are fully prepared to take a loss because we believe in the property and are focused on building momentum so we can return to various venues over the years. The unexpected traffic/detour costs further impacts our financial position in Niagara and will negate our ability to bring this attraction to Niagara Falls in the future. We are very excited to be bringing this event to Niagara Falls tomorrow. As such, we are disappointed to have to arrive at this conclusion. The purpose of this letter is to request your assistance in helping us to offset these unplanned and excessive costs. Support from the City would certainly allow us to reconsider this decision for future planning. Best regards, Tony Tony Smith CEO 365 Sports Inc. Tony Smith CEO 365 Sports Inc. Cell. 647 400-9654 Office: 519 538 1630 Toll Free: 1 888 817 6784 Tonv(a365sports.ca www.the365group.ca This e-mail and any attachments may contain confidential and privileged information. This email is private and confidential. This email is without prejudice. f you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal. Any of the content or attachments in this email are private and confidential unless otherwise stated. Opinions expressed in this e-mail are those of the author and are not endorsed by the authors employer. 2 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Regional Municipality of Niagara is accepting applications for matching fund, grants under their Lakefront Enhancement Strategy; and WHEREAS the City of Niagara Falls has budgeted funds for enhancements to George Bukator Park, located along the Welland River; and WHEREAS the proposed enhancements will include trail development, pedestrian boardwalks and educational signage; and WHEREAS the George Bukator Park improvements is the type of project identified under the program criteria in that it enhances shoreline access, provides investment in trails and active transportation infrastructure and promotes education and awareness of waterfront strategies. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls authorizes an application for funding under the Regional Municipality of Niagara's Lakefront Enhancement Strategy for the George Bukator Park enhancements. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK VINCE KERRIO ACTING MAYOR CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to assume a public highway within the City of Niagara Falls. WHEREAS The Regional Municipality of Niagara passed By-law No. 44-2000 on April 20, 2000, being a by-law to remove roads from the Regional Road system in the City of Niagara Falls; AND WHEREAS subsection 23(6) of the Regional Municipalities Act, provides that where a road is removed from the regional road system, such road is thereupon transferred to and the jurisdiction and control and the soil and freehold thereof is thereupon vested in the area municipality in which it is situated; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the public highway, legally described as Firstly: Main Street, Plan 251, Village of Chippawa, Part of Lot 289, Plan 252, Village of Chippawa; Secondly: Part of Lot 23, Concession 2, Willoughby, Part of Lot 289, Plan 252, Village of Chippawa, Part 2 on 59R-8162; AKA Regional Road No. 549; Lying North of Willoughby Road; being all of PIN 64379-0028(LT), in the City of Niagara Falls, currently in the name of The Regional Municipality of Niagara, is hereby assumed by The Corporation of the City of Niagara Falls. 2. The Mayor, Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: September 27, 2016. Second Reading: September 27, 2016. Third Reading: September 27, 2016. CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend By-law No. 79-200, to rezone the whole of the Lands Camping Establishment (CE), to add unserviced cabins, a place of entertainment and recreational uses to the list of uses permitted on the Lands and to repeal By-law No. 95-116 (AM -2016-010). 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) The uses permitted in a CE zone (b) Unserviced cabins (c) Place of entertainment (d) Recreational uses 5. The regulations governing the permitted uses shall be: (a) Minimum yard between a place of entertainment or a building or structure enclosing a recreational use and any street 12 metres (b) Maximum lot coverage 25% (c) Maximum height of building or 10 metres subject to section 4.7 of By - structure law No. 79-200 (d) Minimum yard between a railway right-of-way and a place of entertainment, a building or structure enclosing a recreational use and any trailer camp site 30 metres (e) Minimum yard between a railway right-of-way and any other building or structure (f) 15 metres The balance of regulations specified for a CE 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 Sheets A4 and A5 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from CE and numbered 381, in part, and A, in part, to CE and numbered 1029. 10. Section 19 of By-law No. 79-200 is amended by deleting subsection 19.1.381 and adding thereto: 19.1.1029 Refer to By-law No. 2016-_ 11. By-law No. 95-116 is repealed. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: Second Reading: Third Reading: September 27, 2016 September 27, 2016 September 27, 2016 S:\ZON I NG\AMS\2016\By-laws\Byam010. docx SCHEDULE 1 TO BY-LAW No. 2016 - Subject Land W1/4J Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 138 Stamford As In R0398290 Except Pt 1, 59R4171; S/T R0469916 Niagara Falls Applicant: Campark Resorts Assessment #: 272510000505200 K:\GIS_Requests\2016\Schedule\Zoning\10\Zaning.map N 1:NTS AM -2016-010 August 2016 CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend By-law Nos. 79-200 and 2011-04, to permit the use of the Lands for a townhouse dwelling and group dwellings and to repeal By-law No. 2015-011 (AM -2016-011). 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 Nos. 79-200 and 2011- 04, to permit the use of the Lands in a manner that would otherwise be prohibited by those by-laws. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law Nos. 79-200 and 2011-04, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law Nos. 79-200 and 2011-04 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 8 dwelling units (b) Group dwellings, excluding apartment dwellings, provided that no townhouse dwelling in the group dwellings contains more than 8 dwelling units (c) Accessory buildings and accessory structures, subject to the provisions of section 4.13 and 4.14 of By-law No. 79-200 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 3 metres (b) Minimum interior side yard width 1.5 metres (c) Maximum lot coverage 49% (d) Maximum projection of a deck or 3.1 metres roofed -over one storey porch into a required privacy yard (e) Minimum number of parking spaces 2.1 spaces for each dwelling unit (f) The balance of 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 A4 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from R4 and numbered 932, in part, and EPA and numbered 933, in part, to R4 and numbered 1030. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1030 Refer to By-law No. 2016-_ 11. By-law No. 2015-011 is repealed. 12. None of the provisions of By-law No. 2011-04 shall continue to apply to the Lands. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: Second Reading: Third Reading: September 27, 2016 September 27, 2016 September 27, 2016 S:\ZONING W MS\2016\By-laws\Byam011.docx SCHEDULE 1 TO BY-LAW No. 2016 - Subject Land V//2 Amending Zoning By-law No. 79-200 Description: Block 97, Plan 59M408; Subject To An Easement In Gross Over Pt 4, 59R15174 As In SN413759; Subject To An Easement For Entry As In SN413759; City Of Niagara Falls Applicant: Lots 33, 34, 35, 36, 37, Plan 59M408; City Of Niagara Falls Silvergate Homes Ltd. Assessment #: 272510000500933, 272510000500934, 272510000500935, 272510000500937, 272510000500936, 272510000500997 K:\GIS Requests\2016\Schedule\Zoning\11\Zoning.mag N s 1: NTS AM -2016-011 August 2016 CITY OF NIAGARA FALLS Zoll By-law No.- A by-law to designate Lot 60, Registered Plan M-90, not be subject to part -lot control (PLC -2015-005). 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. 2010-164 to permit the erection of a semi-detached dwelling thereon; AND WHEREAS the owner of the said lands proposes to divide the lot into two parcels down the common wall between the existing semi-detached dwelling units so that each dwelling unit may 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 Lot 60 of Registered Plan M-90, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two 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-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: Second Reading: Third Reading: September 27, 2016 September 27, 2016 September 27, 2016 S:\PART LOT CONTROL \2015\PLC-005\By-law.docx CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to authorize the execution of an Encroachment Agreement with 1515435 Ontario Limited respecting the encroachment of stairways and eavestroughs from the sidewalk to the building municipally known as 3710 Main Street, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Encroachment Agreement dated September 12, 2016, and made between 1515435 Ontario Limited as Encroacher, and The Corporation of the City of Niagara Falls as City, respecting the encroachment of stairways and eavestroughs from the sidewalk to the building municipally known as 3710 Main Street, Niagara Falls, owned by 1515435 Ontario Limited, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Encroachment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Encroachment Agreement. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: September 27, 2016. Second Reading: September 27, 2016. Third Reading: September 27, 2016. THIS AGREEMENT made thisI eday of September, 2016 BETWEEN: 1515435 ONTARIO LIMITED Hereinafter called the "Encroacher" THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City' of the FIRST PART of the SECOND PART WHEREAS the Encroacher is the owner of certain lands in the City of Niagara Falls being more particularly described as firstly in Schedule "A" annexed hereto and forming part of this agreement and on which are situate stairs and eavestroughs from the sidewalk to the building known municipally as 3710 Main Street annexed hereto (the "Stairs and Eaves"); AND WHEREAS the City is the owner of certain lands in the City of Niagara Falls being more particularly described as secondly in said Schedule "A" annexed hereto (the "City's Lands"); AND WHEREAS the Stairs and Eaves encroach upon the City's Lands, which encroachment is more particularly described as thirdly in Schedule "A" annexed hereto and as illustrated in the Reference Plan attached as Schedule "13"; AND WHEREAS the parties have agreed to permit the continuation of the said encroachment for the life only of the Stairs and Eaves as more particularly set forth herein. NOW THEREFORE in consideration of the one time payment of TWO DOLLARS ($2.00) and other good and valuable consideration, the parties hereto mutually covenant, promise and agree as follows: 1. The encroachment of the Stairs and Eaves onto the City's Lands shall be deemed to have been made, and the continuance of the said encroachment shall be deemed to be, with the express licence and consent of City and with the intent that the Encroacher shall not acquire any easement or right in respect thereof save as created herein. 2. It is further understood and agreed that the encroachment by the Stairs and Eaves shall continue for the life only of the Stairs and Eaves and upon removal or demolition of the Stairs and Eaves the encroachment shall, at the request of the City and at the Encroachers cost, be removed and the Encroacher shall restore the City lands to its original condition or equivalent, and all right related in any way to the agreement shall immediately be terminated. 3. The Stairs and Eaves shall not block or impede vehicular or pedestrian traffic nor shall it, in any way, imped any traffic signals. 4. The Encroacher further covenants and agrees to maintain its encroachment in good repair at all times to the reasonable satisfaction of the City. 5. The Encroacher further covenants and agrees to indemnify and save the City harmless from and against all losses, claims, damages or injuries (including death) which the City may suffer or be put to by reason of the encroachment, its construction, existence, repair or maintenance or resulting therefrom in any way whatsoever. The Encroacher agrees to take out and keep in force a Commercial General Liability insurance policy, satisfactory to the City Solicitor, 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 Encroacher 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 Encroacher to raise the minimum amount of coverage and shall so advise the Encroacher 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, showing the amended coverage. Failure of the Encroacher to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 6. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the subject lands, in the event of an emergency and the Encroacher covenants and agrees that such removal shall be at the Encroacher's expense. 7. The Encroacher covenants and agrees with the City to maintain the Stairs and Eaves at all times in good repair and in a condition satisfactory to the Director of Transportation Services, acting reasonably. 8. The Encroacher covenants and agrees with the City that the Stairs and Eaves shall be limited to the encroachment shown on Schedule "B" to this agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the Stairs and Eaves in any manner whatsoever. 9. This agreement, including Schedules A and B, constitutes the entire agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, presentations and understandings, both written and verbal, in respect of the subject matter. 10. It is further agreed that this agreement or notice thereof shall be registered against the title of the lands to the parties hereto. 11. This Agreement shall be read with all changes of gender and number required by the context. 12. The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this Agreement without the written consent of City Council, which consent shall not be unreasonably withheld. 13. The City may terminate this agreement upon 30 days notice, in writing, to the Encroacher as to its intention to terminate. 14. Upon termination of this agreement, the Encroacher shall remove entirely, at its sole expense, the Encroachment from the City lands. 15. If the Encroacher is in default or breach, at the Encroachers expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Encroacher by adding the expenses to the Encroachers municipal taxes to be collected in accordance with the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 16. The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the prior written consent of City Council, which consent shall not be unreasonably withheld. 17. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 18. (1) 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 by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) 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 (c) in the case of registered post, on the third day, which is not a holiday, following posting. If to the Encroacher: 1515435 Ontario Limited 7334 Garner Road Niagara Falls, Ontario L2E 6S5 Attention: Mike Petrus Telephone: (905) 357-0919 Facsimile: (905) 357-0782 If to the City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Clerk Telephone: (905) 356-7521 Facsimile: (905) 356-9083 Any such notice shall be deemed to have been given or received, if delivered, on the day on which it was delivered if received by 5:00 p.m. on a business day and otherwise on the first business day after the date of delivery; and if sent by facsimile, on the day on which it was transmitted if received by 5:00 p.m. on a business day and otherwise on the first business day after the date of transmission. Either party may change its address for receipt of notices hereunder by giving notice thereof to the other party in accordance with this Section 18. For purposes of this Section 18, "business day" means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario. IN WITNESS WHEREOF the parties hereto have set their hands and seals and the City has hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporations. 1515435 ONTAR •' IMITED Nam Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name:James M. Diodati Title: Mayor Name:Dean Iodide Title: City Clerk SCHEDULE"A" to an Agreement dated this day of September, 2016 between 1515435 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS Firstly: Lot 1, East Side of Church Street, Plan 251, Village of Chippawa, Lot 2, East Side of Church Street, Plan 251, Village of Chippawa, Lot D, South Side of Main Street, Plan 251, Village of Chippawa, Lot 2, South Side of Main Street, Cummington Square, Plan 251, Village of Chippawa, Parts 1, 2, 3 and 4 on 59R-1475, except Part 2 on 59R-7722; Part Lot 2, South Side of Main Street, Cummington Square, Plan 251, Village of Chippawa, Part 1 on 59R-7722; Part of Lot C (AKA Jamm Lot) South Side of Main Street, Plan 251, Designated as Part 1 on 59R-15569; City of Niagara Falls PIN 64379-0196(LT) Secondly: Main Street: Firstly: Main Street, Plan 251, Village of Chippawa, Part Lot 289, Plan 252, Village of Chippawa, Secondly: Part Lot 23, Concession 2, Willoughgy, Part Lot 289, Plan 252, Village of Chippawa, being Part 2 on 59R-8162, Lying North of Willoughby Road, City of Niagara Falls PIN 64379-0028(LT). Willoughby Drive: Willoughby Drive, Plan 251, Village of Chippawa (Formerly Church Street), Lying between Cummington Square West and Aberdeen Street, City of Niagara Falls PIN 64379-0178(LT) Thirdly: Part of Main Street, Plan 251, designated as Part 1 on 59R-15632 being Part of PIN 64379-0028(LT); Part of Willoughby Drive (Formerly Church Street, designated as Parts 2 and 3 on 59R-15632 being Part of PIN 64379-0178(LT), City of Niagara Falls AH in the City of Niagara Falls, in the Regional Municipality of Niagara. SCHEDULE "B" to an Agreement dated this day of September, 2016 between 1515435 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS Reference Plan 59R-15632. h cr a DRNE I WLLOUGN✓ I L PART xAN22 712. KU NN:RtD PLAN I PART 2. ( a < S CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of a Lease Agreement with 4673 Ontario Avenue Ltd. respecting the lease of a portion of the Elgin Block for the Information Systems department. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Agreement made between 4673 Ontario Avenue Ltd. as Landlord, and The Corporation of the City of Niagara Falls as Tenant, respecting the lease of Suite 203 in the building referred to as the Eglin Block and municipally known as 4673 Ontario Avenue, Niagara Falls, for use by the Information Systems department, which Lease is for a term of three years ending February 28, 2019, with an option to renew for three further periods of one year each, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Agreement. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: September 27, 2016 Second Reading: September 27, 2016 Third Reading: September 27, 2016 THIS LEASE made this lst day of March, 2016. BETWEEN: 4673 ONTARIO AVENUE LTD., a company incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Landlord" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, an Ontario Municipal Corporation pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Tenant" 1. DEFINITIONS IN THIS LEASE, unless there is something in the subject matter or context inconsistent therewith, the following terms have the following respective meanings: 1.1 "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in, adjacent to, or outside the Building which serve or are for the benefit of the Building, which do not comprise part of the Premises and which, from time to time, are not designated or intended by the Landlord to be for the Landlord's exclusive use, and are not designated or intended by the Landlord to be leased to the Tenant or any other tenants of the Building, and which include all corridors, hallways, lobbies, elevators and stairwells, all pedestrian walkways and sidewalks, all landscaped areas, the roof and exterior walls of the Building, exterior and interior structural elements and walls of the Building, common washrooms, all parking and loading areas (including entrances and exits), all access ways, truck courts, driveways, delivery passages, loading docks and related areas, all electrical, telephone, meter, valve, mechanical, mail, storage, service and janitorial rooms, all fire prevention, security and communication systems, and generally all areas forming part of the Lands and Building which do not constitute rented or rentable premises. 1.2 "Operating Costs" means, for any period, the total of all costs and expenses attributable to the maintenance, repair, replacement, management and operation of the Lands and the Building (including the Common Areas) during such period including, without limiting the generality of the foregoing: a. All Realty Taxes payable from time to time in respect of the Lands and the Building not allocated to leased premises, and all costs and expenses (including legal and other professional fees, interest and penalties on deferred payment) incurred in contesting, resisting or appealing any Realty Taxes; 2 b. All charges for utilities and services to the Lands and Building, including, without limiting the generality of the foregoing, water, gas, heat, communications, electrical power or energy, steam and hot water, and all charges for fittings, machinery, apparatus, meters, or other things leased in respect thereof, and for all work or services performed by any corporation or commission in connection with such utilities and services; c. All costs incurred by the Landlord in maintaining insurance with respect to the Lands and the Building. Without limiting the generality of the foregoing such costs shall include the costs for insurance policies providing coverage for (a) fire, casualty and extended risk for the Building for the full replacement value thereof or such lesser amount as the Landlord may elect and is acceptable to the Mortgagees, (b) liability of the Landlord for personal injury and property damage caused by occurrences on or connected with the Property, (c) loss of rent by the Landlord for twelve (12) months following fire or casualty damage and (d) such other insurance as may be required by any Mortgagee; and d. All costs incurred by the Landlord in connection with the maintenance, repair, replacement, management and operation of the Lands and Building and every part thereof, and of complying with all applicable laws, directions, rules and regulations, including, without limitation, the cost of providing cleaning, janitorial, garbage removal, supervisory and maintenance services, the cost of operating any elevators and similar elevating devices, the costs of heating, cooling and ventilating, and the cost of maintaining, repairing and replacing all equipment related thereto, the cost of window cleaning, the costs of machinery, supplies, tools, equipment and materials used in connection with any of the foregoing (including rentals thereof) and any and all other costs incurred by the, Landlord, as the case may be, in connection with the maintenance, repair, replacement, management and operation of the Lands and Building. Operating Costs shall exclude: All such costs determined by separate metering or assessment or otherwise incurred for the exclusive benefit of the premises leased by the Tenant or any other tenant of the Building and billed to and paid for directly by the Tenant or such other tenant, including charges to tenants for above -normal utilization of utilities; ii. The cost to the Landlord of debt service in connection with any mortgage financing of the Lands and Building; iii. Taxes on the income of the Landlord; and iv. The cost of improvements to particular premises intended for leasing and real estate, or other commissions relating to leasing premises within the Building. 3 1.3 "Rent" means the total monthly fee to be charged by the Landlord to the Tenant for occupation and use of the Premises and includes all Operating Costs. 1.4 "Rentable Area" means the rentable area determined in accordance with the standards of the Building Owners and Managers Association ("BOMA"). 1.5 "Rentable Area of the Building" means the aggregate of the Rentable Area of all premises in the Building that are rented, or designated or intended by the Landlord to be rented, for offices or business purposes from time to time (whether actually rented or not) and, for greater certainty, excludes storage areas and if any component of Operating Costs is not applicable to all tenants, that portion of the Building to which such component is not applicable. 2. DEMISE IN CONSIDERATION of the rents ,covenants and obligations stipulated herein, the Landlord and the Tenant have agreed to enter into a Lease for that part of the building municipally known as 4673 Ontario Avenue in the City of Niagara Falls, Ontario (the "Building") that is situated on the Lands (the "Lands") comprising the aforesaid municipal address comprised of Suite #203 (the "Premises"). The Premises comprise approximately 3,993 square feet of rentable area. The Tenant acknowledges having inspected the Premises and accepts the same on an "as is" basis. 3. GRANT OF LEASE The Landlord leases the Premises to the Tenant: a. For the Term set forth in Paragraph 4; b. At the Rent set forth in Paragraph 5; and c. Subject to the conditions and in accordance with the covenants, obligations and agreements herein. 4. TERM AND POSSESSION 4.1 The Tenant shall have possession of the Premises for a period of three (3) years commencing on the 1st day of March, 2016 and ending on the zei day of February, 2019, (the "Term"). 4.2 Subject to the Landlord's rights under this Lease, and as long as the Lease is in good standing the Landlord covenants that the Tenant shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord. 5. RENT 5.1 Rent means the total monthly fee to be charged by the Landlord to the Tenant for occupation and use of the Premises and includes all Operating Costs. 4 5.2 The Tenant covenants to pay to the Landlord during the Term of this Lease rent as follows: a. For the first year of the Term of this Lease Agreement, the sum of FIFTY THOUSAND AND FIVE HUNDRED AND EIGHTY-SEVEN 92/100 DOLLARS ($50,587.92), plus Harmonized Sales Tax, payable monthly in advance by the Tenant to the Landlord in equal monthly instalments of FOUR THOUSAND AND TWO HUNDRED AND FIFTEEN 66/100 ($4,215.66), plus Harmonized Sales Tax, on the first day of each and every month during the Term commencing on March 1, 2016, to and including February 1, 2017; b. For the second and third years of the Term of this Lease Agreement, the amount paid by the Tenant shall increase by two percent (2%) and shall be payable on the same terms and conditions as set out in paragraph 5.2(a) above; c. The Rent stated above is based on approximately 3,993 square feet of Rentable Area of the Premises and is exclusive of Harmonized Sales Tax payable thereon by the Tenant monthly; d. The Landlord may arrange for the Rentable Area of the Premises to be measured by its architect, surveyor or space planner. If the Landlord does not arrange for such measurement, the Rentable Area of the Premises shall be deemed to be the area set out herein. The Landlord shall recalculate the area of the Premises whenever required as a result of a rearrangement of partitions or other changed conditions. The Landlord will advise the Tenant, in writing, of the revised certified area measurement; e. The Tenant shall pay for all separately metered utilities supplied to, consumed or used in the Premises including the cost of water, gas, electrical power and energy, heating, ventilating and air-conditioning the Premises, it being the intention of this provision that the Tenant is responsible for the cost of all such utilities supplied to the Premises for the Tenant's use; f. And the Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing to the Landlord in respect of the expenses payable by the Tenant as provided herein; And if the Tenant fails to make any of the payments required by this Lease then the Landlord may make such payments and charge to the Tenant the amounts paid by the Landlord, and if such charges are not paid by the Tenant on demand the Landlord shall be entitled to the same remedies and may take the same steps for recovery of the unpaid charges as in the event of Rent in arrears. 9• 5.3 The Landlord agrees that it is the intention of the parties hereto that all expenses, payments and outgoings incurred in respect to the Premises for any matters, 5 cause or reason whatsoever shall be borne by the Tenant (unless otherwise specifically provided for) and all rent to be paid shall be net to the Landlord (save for the Landlord's income tax in respect of income received from leasing the Demised Premises) and clear of all such outgoings unless otherwise excluded in the Lease. Any outgoings of any kind which may become payable out of the Demised Premises shall not entitle the Tenant to reduce the amount of its payments of rent to the Landlord and the Landlord shall be entitled to recover from the Tenant as if it were rent in arrears any amount which the Landlord may pay, whether voluntarily or involuntarily, on account of any such outgoings on account of the Tenant. 5.4 All payments to be made by the Tenant pursuant to this Lease shall be delivered to the Landlord at the Landlord's address for service set out in Paragraph 20 or to such other place as the Landlord may from time to time direct in writing. 5.5 All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord's bank. 5.6 The Tenant acknowledges and agrees that the payments of Rent provided for in this Lease shall be made without any deductions for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord's right to recover any Rent owing. 6. ASSIGNMENT AND SUBLETTING 6.1 The Tenant shall not, without the prior written consent of the Landlord and each Mortgagee (if its Mortgage so requires), have the right to assign this Lease Agreement, or sublet, or encumber the Leased Premises in whole or in part, or permit any other person or entity to occupy or use same. The Landlord shall not unreasonably withhold its consent to an assignment or subletting provided that (1) the Tenant is. not in default of any of its obligations hereunder, and (2) each Mortgagee whose consent is required has consented thereto and (3) the original Tenant shall remain liable for the full performance of the obligations of the Tenant hereunder, including, without limitation, the obligations to pay rent and other sums hereunder and obligations of indemnity and (4) in the Landlord's reasonable opinion (a) the reputations of the proposed assignee or subtenant and its principals are sound and (b) the financial condition of the proposed assignee or subtenant is stable, sound, and more than sufficient to meet its liabilities, including those hereunder, and (5) such sublease or assignment shall be subject to all of the provisions of this Paragraph 6, including, without limitation, those relating to the Landlord's right to receive the consideration for the assignment or the amount by which rent under the sublease exceeds rent hereunder. No attempted assignment or subletting, whether with the consent of the Landlord and each Mortgagee whose consent is required or in violation of this Paragraph 6, shall relieve the original Tenant from liability for payment of rent 6 or other sums due hereunder, or from being bound by any of the terms, conditions, covenants and agreements of this Lease Agreement. 6.2 In the event that the Landlord consents to any assignment, the Tenant shall pay to the Landlord 100% of the amount paid by the assignee for the assignment [net of the Tenant's actual and reasonable costs for advertising, legal fees and broker's commissions in connection therewith ("Costs")]. In the event that the Landlord consents to any sublease, the Tenant shall pay to the Landlord the amount, if any, by which the rentals thereunder exceed the rentals due from the Tenant thereunder (net of Costs). Acceptance of rent from any other person or entity shall not be deemed a waiver of any of the provisions of this Lease Agreement or to be a consent to the assignment of this Lease Agreement or to the subletting, encumbrance or use or occupancy by another of the Leased Premises. 6.3 In the event that the Landlord and all Mortgagees whose consent is required consent to any proposed assignment, subletting, encumbrance, or granting of a right of use or occupancy, such consent shall not be deemed to be a consent to any other or further assignment, subletting, encumbrance or granting of a right of use or occupancy. 7. USE 7.1 During the Term of this Lease or any renewal thereof, the Premises shall not be used for any purpose other than General Offices, without the express consent of the Landlord given in writing. 7.2 The Tenant shall be entitled to carry on business in the Premises 7 days per week; 24 hours per day. 7.3 The Tenant shall not do or permit to be done at the Premises anything which may: a. Constitute as nuisance; b. Cause damage to the Premises; c. Cause injury or annoyance to occupants of neighbouring premises; d. Make void or voidable any insurance upon the Premises; or e. Constitute a breach of any by-law, statute, order or regulations of any municipal, provincial or other competent authority relating to the Premises. 7.4 The Landlord represents and warrants, to the best of its knowledge and belief, that the Lands and the Building comply in all material respects with all applicable federal, provincial or local environmental, health and safety statutes and regulations, and that neither the Lands nor the Building are subject to any judicial or administrative proceedings alleging the violation of any federal, provincial or local environmental or health and safety statutes or regulation. The Landlord has 7 no knowledge of the existence, or the release into the environment, of any hazardous or toxic waste substance and no tenant, to the best of the Landlord's knowledge and belief, generates, transports, treats or disposes of hazardous waste at the Building. The Landlord is not aware of the existence of any hazardous waste or substance in or on the ground of the real property and is not aware of the existence of any PCB's, urea formaldehyde, or asbestos in the Building. 7.5 Neither the Landlord nor the Tenant will store, use, or dispose of any hazardous, toxic, corrosive, explosive, reactive or radioactive matter in, or about the Premises or the Property on which the Premises are located. The Landlord and the Tenant will comply with all applicable environmental laws and requirements impacting the operations on the Premises. The Tenant shall indemnify and hold harmless the Landlord from any claims or actions, including, without limitation, costs, fees and costs of remediation, arising out of the Tenant's use, storage or disposal of toxic or hazardous materials on or in the Premises. 8. REPAIR AND MAINTENANCE 8A The Tenant covenants that during the Term of this Lease and any renewal thereof the Tenant shall keep in good condition the Premises including all alterations and additions made thereto, and shall, with or without notice, properly make all needed repairs and all necessary replacements as would a prudent owner, but the Tenant shall not be liable to effect repairs attributable to reasonable wear and tear, or to damage caused by fire, lightning or storm. 8.2 The Tenant shall permit the Landlord or persons authorized by the Landlord to enter the Premises to examine the condition thereof and view the state of repair at reasonable times: a. And if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; b. And if the Tenant refuses or neglects to keep the Premises in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted, on reasonable notice, to enter the Premises for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord's entry and repairs, and if the Landlord makes repairs the Tenant shall pay the cost of them immediately. 8.3 Upon the expiry of the Term or other determination of this Lease the Tenant agrees peaceably to surrender the Premises, including any alterations or additions made thereto, to the Landlord in a state of good repair, reasonable wear and tear and damage by fire, lightning and storm only excepted. 8.4 The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Premises from any cause. 9. ALTERATIONS AND ADDITIONS 9.1 If during the Term of this Lease or any renewal of it, the Tenant desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business, including fibre optics cable, the Tenant may do so at its own expense, at any time and from time to time, if the following conditions are met: a. Before undertaking any alterations or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as such on the plan, and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan in writing and been notified as to the identity of all contractors and the Landlord shall not unreasonably or arbitrarily withhold its approval; and b. Any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. 9.2 The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any goveming authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. 9.3 The Tenant shall be permitted at its own expense to install signage in the second floor lobby, the building lobby and the Suite in a good and workmanlike manner subject to municipal by-laws and government regulations and subject to the Landlord's written approval as to design, colour and content of any such sign which approval shall not be unreasonably withheld. No other sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. Signage to be removed (together with repairs required by removal) at the Tenant's expense. 9.4 All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. 9.5 The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharges of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 9.6 If the Tenant has complied with its obligations according to the provisions of this Lease, the Tenant may remove its Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that it will make good and 9 repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's Trade Fixtures. 9.7 Other than as provided in Paragraph 9(6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances: a. The removal is in the ordinary course of business; b. The Trade Fixture has become unnecessary for the Tenant's business or is being replaced by a new or similar Trade Fixture; or c. The Landlord has consented in writing to the removal; But in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant. 9.8 Unless the Tenant obtains written permission from the Landlord for alteration of an area without the need for removal at Term end, the Tenant shall, at its own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. 9.9 The Tenant shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its weight, size or use, damage the Premises or overload the floors of the Premises, and if the Premises are damaged or overloaded the Tenant shall restore the Premises immediately or pay to the Landlord the costs of restoring the Premises. 10. OVERHOLDING It is agreed that if the Tenant continues to occupy the Premises after the Expiry Date with the written consent of the Landlord, but without having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal of the Lease, and the Tenant shall be deemed to be occupying the Premises as a Tenant from month to month at the same monthly Rent as provided herein plus fifty percent (50%) and on the terms and conditions herein set out except as to length of tenancy. 11. PARKING During the Term and any subsequent renewals, expansions and extensions thereof, the Landlord shall provide to the Tenant or its employees 2 outdoor parking spaces free of charge behind 4424 Queen Street in the City of Niagara Falls provided that these spaces cannot be sublet by the Tenant. 10 12. DAMAGE TO THE PREMISES 12.1 In the event that the Leased Premises shall be rendered wholly untenantable by fire or other casualty, the Landlord shall be entitled to the proceeds of all applicable insurance maintained by the Landlord, and shall, at its option, either (a) terminate this Lease Agreement by giving the Tenant written notice thereof within forty-five (45) days from the later to occur of (i) the date of said damage or destruction or (ii) notification from a mortgagee that it shall not permit the entire insurance proceeds required for restoration of the Building to be used for such purpose, or (b) repair or replace the Leased Premises to substantially the same condition as prior to the damage or destruction (exclusive of Alterations made by the Tenant). If the Landlord fails to commence to repair the damage or destruction to the Property within sixty (60) days from the date of its occurrence, or if the Leased Premises shall not have been substantially replaced or repaired within one hundred and eighty (180) days after the date of such damage or destruction, the Tenant may at its option, terminate this Lease Agreement by giving written notice to the Landlord within fifteen (15) days after the Landlord's failure to commence or substantially complete said repairs within the applicable time period. The rent herein required to be paid shall abate during the period of such untenantability, to the extent that such abatement is covered by the Landlord's rent insurance (or, if the Landlord has failed to obtain rent insurance, to the extent that the abatement would have been covered had the Landlord obtained such insurance). If the Leased Premises shall be damaged in part by fire or other casualty, but still remain partially tenantable, the Landlord shall repair the Leased Premises to substantially the same condition as prior to the damage (exclusive of Alterations made by the Tenant). The Landlord shall commence repair of the damage or destruction within sixty (60) days from the date of occurrence and complete them with reasonable diligence. During the period of such repairs and restorations, this Lease Agreement shall continue in full force and effect, and the Tenant shall be required to pay the rent herein reserved, abated by the percentage of area of the Leased Premises destroyed as compared to the total area of the Leased Premises, to the extent that such abatement is covered by the Landlord's rent insurance (or, if the Landlord has failed to obtain rent insurance, to the extent that the abatement would have been covered had the Landlord obtained such insurance). In the event that any damage or destruction occurs during the last six (6) months of the term of this Lease Agreement, to the extent of fifty (50%) percent or more of the insured value of the Leased Premises, either party may elect to terminate this Lease Agreement by giving notice of such election to the other within thirty (30) days after such damage or destruction. In such event, the Landlord shall receive the proceeds of the Landlord's insurance policies without obligation to rebuild or restore the Leased Premises, and the Tenant shall execute any waiver which may be required of it by any insurer or the Landlord. 11 12.2 Any question as to the degree of damage or destruction or the period of time required to repair or rebuild shall be determined by an architect retained by the Landlord. 12.3 Apart from the provisions of Paragraph 12.1 there shall be no abatement from or reduction of the Rent payable by the Tenant. 13. ACTS OF DEFAULT AND LANDLORD'S REMEDIES 13.1 An Act of Default has occurred when: a. The Tenant has failed to pay Rent for a period of 15 consecutive days, regardless of whether demand for payment has been made or not; b. The Tenant has breached its covenants or failed to perform any of its obligations under this Lease; and The Landlord has given notice specifying the nature of the default and the steps and time frame required to correct it; and ii. The Tenant has failed to correct the default as required by the notice; c. The Tenant has: Become bankrupt or insolvent or made an assignment for the benefit of Creditors; ii. Had its property seized or attached in satisfaction of a judgment; iii. Had a receiver appointed; iv. Committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Landlord's property; v. Without the Consent of the Landlord, made or entered into an agreement to make a sale of its assets to which the Bulk Sales Act applies; or vi. Taken action if the Tenant is a corporation, with a view to winding up, dissolution or liquidation. d. Any insurance policy is cancelled or not renewed by reason of the use or occupation of the Premises, or by reason of non-payment of premiums; or e. The Premises: Become vacant or remain unoccupied for a period of 30 consecutive days; 12 ii. Are not open for business on more than thirty (30) business days in any twelve (12) month period or on any twelve (12) consecutive business days; or iii. Are used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Landlord. 13.2 If an Act of Default shall occur, the Landlord may, in addition to any other right or rights which the Landlord may have, serve a written fifteen (15) days' notice of cancellation of this Lease Agreement upon the Tenant, and upon the expiration of said fifteen (15) days, this Lease Agreement and the term hereunder shall end and expire as fully and completely as if the date of expiration of such fifteen (15) day period were the day herein definitely fixed for the end and expiration of this Lease Agreement and the term thereof, and the Tenant shall then quit and surrender the Leased Premises to the Landlord, but the Tenant shall remain liable as hereinafter provided. If the fifteen (15) day notice of cancellation shall have been given, and the term shall expire as aforesaid, or if any execution or attachment shall be issued against the Tenant or any of the Tenant's property whereupon the Leased Premises shall be taken or occupied by someone other than the Tenant, then and in either of such events the Landlord may, without notice, re-enter the Leased Premises and dispossess the Tenant and the legal representative of the Tenant or other occupant of the Leased Premises by summary proceedings or otherwise, and remove their effects and hold the Leased Premises as if this Lease Agreement had not been made, but the Tenant shall remain liable hereunder as hereinafter provided. 13.3 In case of any such Act of Default, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (1) all rent and other sums then to be paid by the Tenant pursuant to this Lease Agreement shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as the Landlord may incur for legal expenses, attorneys' fees, brokerage, and/or putting the Leased Premises in good order ("Expenses"), (2) the Landlord may re -let the Leased Premises or any part or parts thereof, either in the name of the Landlord or otherwise, for a term or terms, which may at the Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease Agreement and may grant concessions or free rent and/or (3) the Tenant or the legal representatives of the Tenant shall also pay the Landlord as liquidated damages for the failure of the Tenant to observe and perform the Tenant's covenants herein contained, any deficiency between the rents and other sums hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Leased Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease Agreement. in computing such damages all Expenses incurred by the Landlord in connection with such re -letting shall be added to the said deficiency. The Landlord, at the Landlord's option, may make such alterations, repairs, decorations and replacements as are reasonably necessary or desirable for the purpose of re -letting the Leased Premises; and the making of 13 such alterations and/or decorations shall not operate or be construed to release the Tenant from liability hereunder as aforesaid. Neither the failure or refusal of the Landlord to re -let the Leased Premises or any part or parts thereof nor, in the event that the Leased Premises are re -let, the failure of the Landlord to collect the rent under such re -letting shall release or affect the Tenant's liability for damages, and the Landlord shall not in any way be liable for same, but, if the Landlord fails to collect such rent, the Tenant is hereby authorized to collect the same and apply the same to any indebtedness owing to the Landlord. Any such damages shall be paid in monthly installments by the Tenant on the rent days specified in this Lease Agreement and any suit brought to collect the amount of the deficiency for any month or months shall not prejudice in any way the rights of the Landlord to collect the deficiency for any subsequent month or months by a similar proceeding. Any such action may be an action for the full amounts of all rents then due or to be due to, and all damages then suffered or to be suffered by, the Landlord. Mention in this Lease Agreement of any particular remedy shall not preclude the Landlord from resort to any other remedy, in law or in equity. The foregoing remedies and rights of the Landlord are cumulative. 13.4 If, when an Act of Default has occurred, the Landlord chooses not to terminate the Lease and re-enter the Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs of such rectification to the Tenant. 13.5 If, when an Act of Default has occurred, the Landlord chooses to waive its right to exercise the remedies available to it under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent it exercising its remedies with respect to a subsequent Act of Default. No covenant, term or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord. 14. TERMINATION UPON NOTICE AND AT END OF TERM The Tenant agrees to permit the Landlord during the last six months of the Term of this Lease to display "For Rent" or "For Sale" signs or both at the Premises and to show the Premises to prospective new tenants or purchasers and to permit anyone having written authority of the Landlord to view the Premises at reasonable hours. 15. ACKNOWLEDGMENT BY TENANT 15.1 The Tenant agrees that it will at any time or times during the Term, upon being given at least five (5) days prior written notice, execute and deliver to the Landlord, at no charge, a statement in writing certifying: a. That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); b. The amount of Rent being paid; 14 c. The dates to which Rent has been paid; d. Other charges payable under this Lease which have been paid; e. Particulars of any prepayment of Rent or security deposits; and f. Particulars of any subtenancies. 16. NON -DISTURBANCE The Landlord shall be obligated to obtain a non -disturbance covenant in favour of the Tenant and in a form acceptable to the Tenant's solicitor from any mortgagee of the Building or the Premises. 17. INSURANCE 17.1 The Tenant agrees that it shall maintain and pay all premiums for general public liability insurance in the amount of $5,000,000.00 per occurrence with respect to the Demised Premises and the business conducted by the Tenant and any other persons on the Demised Premises. All policies shall name the Landlord and Mortgagee as named insured as its interests may appear and shall contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Landlord thirty (30) days prior written notice and such policy to contain a cross -liability clause and waiver of any subrogation rights which the Tenant's insurers may have against the Landlord or those for whom the Landlord is at law responsible. The Tenant shall provide to the Landlord a certificate of such coverage prior to occupancy. 17.2 The Tenant agrees that it shall maintain and pay all premiums to insure the Demised Premises against property damage and fire and other casualties and risks and any form of insurance which the Landlord or any mortgagee reasonably requires from time to time for insurable risks and any amounts against which a prudent Landlord would insure including business interruption and contents insurance. 18. OPTION TO RENEW 18.1 Provided that the Tenant is not in default in any respect hereunder, the Tenant shall have the option to renew the Lease for three (3) further periods of one (1) year each on the same terms and conditions as contained herein, save and except that there shall be no further right to renew and the rent in the renewal period shall be negotiated as hereinafter set forth; 18.2 To exercise its option, the Tenant is required to give notice in writing of its desire to renew the Lease not less than six (6) months prior to the expiry of the then current term; 18.3 The parties shall attempt to negotiate the Rent for either renewal period immediately upon service of the notice and if an agreement is reached, it shall be 15 embodied in a memorandum in writing to that effect provided that the Landlord may continue to offer the premises for lease during this period; 18.4 In the event that no agreement has been reached as contemplated in Paragraph 18.3 above, it is agreed that the base rent for the renewal period shall be determined by arbitration in accordance with the Arbitration Act of Ontario or any successor or replacement Act. The parties attempting to reach agreement and the arbitrator, in the event that no agreement is reached, shall base the base rent on fair market rental for premises of similar size, quality and location as at the time of the exercise of the option without consideration for leasehold improvements, provided, however, that in no case shall the rent for any renewal period be less than the rent for the immediately preceding term. 18.5 In the event that the Lease is renewed, the "Term" as defined in this Agreement shall mean the final date to which this Lease is extended. 19. RULES AND REGULATIONS The Tenant agrees on behalf of itself and all persons entering the Premises with the Tenant's authority or permission to abide by such reasonable rules and regulations that form part of this Lease and as the Landlord may make from time to time as described in Schedule "A" attached hereto. 20. NOTICE 20.1 Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given: To the Landlord at: 4673 Ontario Avenue Ltd. 4605 Crysler Avenue Unit 4 Niagara Falls, Ontario L2E 3V6 To the Tenant at the Premises or at: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 20.2 The above addresses may be changed at any time by giving ten (10) days written notice. 20.3 Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 16 21. REGISTRATION The Tenant shall not at any time register notice of or a copy of this Lease on title to the property of which the premises form part without consent of the Landlord. 22. INDEMNITY The Tenant covenants that it will indemnify and save harmless the Landlord of and from all liabilities, fines, suits, claims, demands and actions of any kind or nature to which the Landlord shall or may become liable or suffer by reason of any breach, violation or non- performance by the Tenant of any covenant, term or provision hereof or by reason of any act, neglect or default on the part of the Tenant or any of its agents or employees and for any personal injury or death that may be suffered or sustained by any employee of the Tenant or any other person who may be upon the Demised Premises and for any loss or damage or injury to any property belonging to the Tenant or to its employees or to any other person while such property is on the Demised Premises, such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Lease shall survive any termination of this Lease, anything in this Lease to the contrary notwithstanding. Provided, however, that the indemnities set out in this paragraph shall not apply to any injury, loss or damage caused by the negligent act of the Landlord, its employees, agents, contractors or invitees. 23. INTERPRETATION 23.1 The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. 23.2 Unless the context otherwise requires, the word "Landlord" and the word "Tenant" wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Landlord and Tenant, respectively. 23.3 When there are two or more Tenants bound by the same covenants herein contained, their obligations shall be joint and several. 24. RELATIONSHIP OF PARTIES Nothing contained in this Lease shall create any relationship between the parties hereto other than that of Landlord and Tenant. 25. GOVERNING LAW This Lease shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario. 17 26. AMENDMENT OR MODIFICATION No amendment, modification or supplement to this Lease shall be valid or binding unless set out in writing and executed by the Landlord and the Tenant. 27. SEVERABILITY All of the provisions of this Lease are to be construed as covenants and agreements. If any provision of this Lease is illegal or unenforceable, it shall be considered separate and severable from the remaining provisions of this Lease, which shall remain in force and be binding as though the provision had never been included. IN WITNESS WHEREOF the parties hereto have executed this Lease Agreement. 467 TAI IO AVENUE LTD. Per Philip Ritchie President 1 have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per James M. Diodati, Mayor Dean Iortida, City Clerk SCHEDULE"A" RULES AND REGULATIONS 1, The Tenant shall not discharge, or permit the discharge, of any industrial waste, hazardous waste, or any other matter except for normal sanitary sewerage, into the sewer facilities which serve or are used in connection with the Leased Premises. 2, The Tenant shall not, without the prior written consent of the Landlord, install, or permit the installation of, any object including, without limitation, any antenna, dish, sign or transmission device on the roof or exterior walls of the Leased Premises or Building or in the yards or parking areas related thereto. 3. The Tenant shall not use, or permit the use of, the water, water closets and plumbing fixtures for any purposes other than those for which they were designed and constructed. 4. The Tenant shall not use, keep or permit to be used or kept, any foul or noxious gas or other substance in or about the Leased Premises, or permit or suffer the Leased Premises to be used in any manner objectionable to the Landlord, any Mortgagee, or any occupants of the Building by reason of noise, odors and/or vibrations or by reason of interference, in any way, with other tenants of the Building or those having business therein. 5. The Tenant shall not exhibit, inscribe, paint or affix any sign, advertisement, notice or other document in or about the Leased Premises or the Building, or the surrounding areas, yards or parking lots or allow any such sign, advertisement, notice, or other document to be so exhibited, inscribed, painted, or affixed, without first obtaining prior written consent of the Landlord. In the event of any violation of the foregoing, the Landlord may remove same without any liability and may charge the expense incurred by such removal to the Tenant. 6. Except in connection with ordinary office decorations, the Tenant shall not mark, paint or drill into, any part of the Leased Premises or the Building. The Tenant shall not bore, cut or string wires on or about the Leased Premises, Building or the surrounding areas, yards or parking lots, or permit same to be done, without the prior written consent of the Landlord. The Tenant shall not, in any way, deface the Leased Premises, Building or Property. 7. The Landlord shall have the right to designate one or more areas on the Property for smoking. The Tenant shall restrict its employees and visitors from smoking in any areas other than those designated by the Landlord for such purpose. The Landlord may, from time to time, change the designated smoking area(s), subject to the laws of the Province of Ontario and the City of Niagara Falls and the Regional Municipality of Niagara. 8. Except in the ordinary course of its business and in strict compliance with all applicable laws, the Tenant shall not bring or permit to be brought or kept in or on the Leased Premises, Building, or surrounding yards, areas, or parking lots any 2 inflammable, combustible, or explosive or otherwise hazardous fluid, material, chemical or substance or cause or permit any odors to permeate in or emanate therefrom. 9. The Landlord shall be obligated to ensure that the lobby in the Building remains lighted at all times. 10. The Landlord shall ensure that the Tenant has, at all times, keyed access to the Building and Premises and acknowledges and agrees that the Tenant may install two card readers at the entrance of the Premises. 11. The Tenant shall have an independent temperature control for the Premises. 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 "C" and "D4", and that Schedules "C" and "D4" attached hereto shall be inserted in lieu thereof. 2. Bylaw 2016-32 is hereby repealed. Passed this 27th day of September, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 27, 2016. Second Reading: September 27, 2016. Third Reading: September 27, 2016. SCHEDULE"C" Parking By-law Enforcement Officers: Marzenna Carrick Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Mario Digianni Larry Downing Bill Durfy John Garvie Lou Hussey Norm Leonard William Bruce Lewies John MacLeod Robert Mascia Stewart Rodgers Philip Rudachuk Chris Russell Dave Simpson Anderson St -Valle Randy Tait Natalie Watson SCHEDULE "D4" HOCO LIMITED Parking By-law Enforcement Officers on private property: Keith Bennett Blair Cottage Cole Eckmier Justin Facci Brittany Forcucci Jake Holt Abby Kapur Joel McLeod Dean Murray Carlos Peralta CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 80-114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By-law No. 80-114 is amended by adding Schedule "B-90" attached hereto. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: September 27, 2016. Second Reading: September 27, 2016. Third Reading: September 27, 2016. COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town & Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE"A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road Ailanthus Avenue Oakwood Drive COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-1" Schedule "B-2" Schedule "B-3" Schedule "B-4" Schedule "B-5" Schedule "B-6" Schedule "B-7" Schedule "B-8" Schedule "B-9" Schedule "B-10" Schedule "B-11" Schedule "B-12" Schedule "B-13" Schedule "B-14" Schedule "B-15" Schedule "B-16" Schedule "B-17" Schedule "B-18" Schedule "B-19" Schedule "B-20" Schedule "B-21" St. Paul Avenue Schedule "B-22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co -Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri-Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non -Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada SCHEDULE"A" COLUMN 2 LOCATION COLUMN 3 SCHEDULE "B" NUMBER Montrose and Thorold Stone Schedule "B-23" Roads 5100 Dorchester Road Schedule "B-24" 5150 Dorchester Road Schedule "B-25" 8175 McLeod Road Schedule "B-26" 4230 Meadowvale Drive Schedule "B-27" 8481 Earl Thomas Avenue Schedule "B-28" Morrison Street and Dorchester Schedule "B-29" Road 8444 Lundy's Lane Schedule "B-30" 3955 Portage Road Schedule "B-31" 3516 Main Street Schedule "B-32" 8055 McLeod Road and 8065 Schedule "B-33" McLeod Road 5088 Drummond Road Mewburn Road Schedule "B-34" Schedule "B-35" 6453 Colborne Street and 6476 Schedule "B-36" Huggins Street 5795 Don Murie Street First Professional Management 7190 Morrison Street Inc. Schedule "B-37" Schedule "B-38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium SCHEDULE "A" COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 - 33, 36 - 39, 42-45and48-51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-39" Schedule "13-40" Schedule "B-41" Schedule "B-42" Schedule "8-43" Schedule "B-44" Schedule "B-45" Schedule "B-46" Schedule "13-47" Schedule "B-48" Schedule "8-49" Schedule "8-50" Schedule "8-51" Schedule "B-52" Schedule "B-53" Schedule "13-54" Schedule "13-55" Schedule "B-56" COLUMN 1 SITE Canada One Factory Outlet Mall Niagara South Condominium Corporation No. 4 - Park Royal Niagara Catholic District School Board - West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium Omada Homes Inc. SCHEDULE"A" COLUMN 2 LOCATION 7500 Lundy's Lane 3322 Addison Street 3900 Kalar Road 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167-6175-6181 Dorchester Road COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-57" Schedule "B-58" Schedule "B-59" Schedule "B-60" Schedule "B-61" Schedule "8-62" Schedule "B-63" Schedule "8-64" Schedule "B-65" Schedule "B-66" Schedule "B-67" Schedule "8-68" Schedule "B-69" Schedule "13-70" Schedule "8-71" Schedule "8-72" Schedule "8-73" 6928 Ailanthus Avenue Schedule "8-74" COLUMN 1 SITE Brighton Condominiums Thundering Waters Condominiums Langendoen Homes Ltd. - Meadowcreek Homes Marken Homes Weinbrenner Place Inc. Niagara South Standard Condominium Corporation No. 104 (Valley Way Townhomes) The Bonnengton Apartments Frank Costantino Construction Ltd. Condominium People Movers Bus Maintenance and Storage Facility Niagara South Condominium Corporation No. 25 (Mount Forest Village) Niagara South Condominium Corporation No. 80 Victoria Woods — Phase 1, Block 98 Optimist Village Stamford Village Condominiums SCHEDULE"A" COLUMN 2 LOCATION 3915 Portage Road 6000 Marineland Parkway 2634 St. Paul Avenue 9440 Eagle Ridge Drive 3401 - 3421 Weinbrenner Road 6263 Valley Way 4218 Portage Road 6186 Dorchester Road 8208 Heartland Forest Road 2720 Mewburn Road 4336 Kalar Road 5622 Ironwood Street 7276 Optimist Lane (Units 1 — 16) 2799 St. Paul Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-75" Schedule "B-76" Schedule "B-77" Schedule "B-78" Schedule "B-79" Schedule "B-80" Schedule "B-81" Schedule "B-82" Schedule "B-83" Schedule "B-84" Schedule "B-85" Schedule "B-86" Schedule "B-87" Schedule "B-88" SCHEDULE"A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER DMS Property Management 6420 Delta Drive Schedule "B-89" Victoria Woods —Phase 2 9245 to 9311 Shoveller Drive Schedule "B-90" Block 97 & Lots 33-37 SCHEDULE "6-90" D IXHYDRANT r._-w.w.'+u 'mxaw •�.w m�+w riu r¢wnw `�'"��e rsnaw .sones A-'rw.w N SCALE — 1:750m VICTORIA WOODS - PHASE 2 BLOCK 97 NIAGARA FALLS, ONTARIO FIRE ROUTE PLAN CG UPPER CANADA CONSULTANTS ENGINEERS/PLANNERS 261 1/c666461. Raaf. Vail 1 $1. C011witaa 06106e L2111 161 Poli (905 -9270 Foc i905 -53i� DWG, Na: FIRE ROUTE CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend the by-law to provide for citizen appointments to certain Committees and Boards. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Paragraph #6, being appointments to the Niagara Falls Public Library Board, be amended to delete the name Qungyi (Ken) Su. 2. That Paragraph #6, being appointments to the Niagara Falls Public Library Board, be amended to add the name Kevin Letourneau. Passed this twenty-seventh day of September 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: September 27, 2016 Second Reading: September 27, 2016 Third Reading: September 27, 2016 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 October 11, 2016 to, and including, October 14, 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 October 11, 2016 to, and including, October 14, 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 15, 2016. Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: Second Reading: Third Reading: September 27, 2016. September 27, 2016. September 27, 2016. CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend By-law No. 79-200; By-law No. 1538, of the former Township of Crowland, now the City of Niagara Falls; and By-law No. 395, of the former Township of Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory provisions (AM -2016-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By-law No. 79-200 1. SECTION 2 - DEFINITIONS of By-law No. 79-200 is amended by adding the following sections: "2.20.1 "FARM PRODUCE OUTLET" means a structure, a building or part of a building for the sale of farm produce grown or produced on—site and may include produce grown elsewhere in the Region, and the sale of value added products related to such produce. 2.61A "VALUE ADDED PRODUCT" means a product that is produced by changing the physical state or form of the farm produce and enhancing its value." 2. Subclause (d)(ii) of section 12.1 PERMITTED USES of By-law No. 79-200 is deleted and replaced with the following subclause: "(ii) Farm produce outlet, subject to the provisions of section 4.36" 3. Section 13.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: "(d) Farm produce outlet, subject to the provisions of section 4.36" 4. Clause (i) of section 15.1 PERMITTED USES of By-law No. 79-200 is deleted and replaced with the clause: "(i) Farm produce outlet, subject to the provisions of section 4.36" 5. SECTION 4 GENERAL PROVISIONS of By-law No. 79-200 is amended by adding the following section: "4.36 FARM PRODUCE OUTLET: Notwithstanding any other provisions of this by-law to the contrary, a farm produce outlet is permitted in accordance with the following regulations: (a) Notwithstanding clause 4.13(a), a farm produce outlet may be erected in a front yard, rear yard, side yard, and exterior yard of a lot. (b) Subject to section 4.27, a farm produce outlet may be erected in a front yard, rear yard, side yard, and exterior yard provided it shall not be located less than 3 metres from the front, interior, and exterior lot line, and 7.5 metres from the rear lot line. 2 (c) The maximum floor area of a farm produce outlet is 20 square metres. (d) The maximum building height of a farm produce outlet is 3 metres. (e) A minimum of 1 parking space is required. (f) All the other provisions of the zone apply." By-law No. 1538 1. SECTION 2 - DEFINITIONS of By-law No. 1538 is amended by adding the following subsections: "2.38.1 "Farm Produce Outlet" shall mean a structure, a building or part of a building for the sale of farm produce grown or produced on—site and may include produce grown elsewhere in the Region, and the sale of value added products related to such produce. 2.86.1 "Value Added Product" shall mean a product that is produced by changing the physical state or form of the farm produce and enhancing its value." 2. Subsection 7.1 USES PERMITTED of SECTION 7 — RURAL AGRICULTURAL RA of By-law No. 1538 is amended by adding the following subsection: "7.1.7 Farm produce outlet: Subject to the provisions of subsection 5.28." 3. SECTION 5 - GENERAL PROVISIONS TO ALL DISTRICTS of By-law No. 1538 is amended by adding the following subsection: "5.28 FARM PRODUCE OUTLET Notwithstanding any other provisions of this by-law to the contrary, a farm produce outlet is permitted in accordance with the following provisions: (a) A farm produce outlet may be erected in a front yard, side yard, and exterior side yard provided it shall not be located less than 3 metres (9.8 feet) from the front, interior and exterior lot line. (b) The maximum floor area of a farm produce outlet is 20 square metres (215.2 square feet). (c) The maximum building height of a farm produce outlet is 3 metres (9.8 feet) (d) A minimum of 1 parking space is required (e) All the other provisions of the zone apply." 3 By-law No. 395 1. SECTION 111 B DEFINITIONS: of By-law No. 395 is amended by adding the following: "Farm Produce Outlet" shall mean a structure, a building or part of a building for the sale of farm produce grown or produced on—site and may include produce grown elsewhere in the Region, and the sale of value added products related to such produce. "Value Added Product" shall mean a product that is produced by changing the physical state or form of the farm produce and enhancing its value." 2. Subsection (1) Uses Permitted of SECTION VI RURAL: of By-law No. 395 is amended by adding the following clause: "(c) Farm produce outlet, subject to the provisions of clauses (h), (i), (j), and (k) of subsection (2) Rural Requirements:" 3. Subsection (7) Parking Requirements of SECTION III A PROVISIONS FOR ALL ZONES: of By-law No. 395 is amended by adding the following clause: "Ox) farm produce outlet". 3. Subsection (2) Rural Requirements of SECTION VI RURAL: of By-law No. 395 is amended by adding the following clauses: A farm produce outlet may be erected in a front yard, side yard and exterior side yard provided it shall not be located less than 3 metres (9.8 feet) from the front lot line, interior, and exterior lot line. The maximum floor area of a farm produce outlet is 20 square metres (215.5 square feet). The maximum building height of a farm produce outlet is 3 metres (9.8 feet). (k) All the other provisions of the zone apply." Passed this twenty-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: September 27, 2016 Second Reading: September 27, 2016 Third Reacting: September 27, 2016 S: 'ZON I NG\AMS\2016\By-laws\Byam013.docx CITY OF NIAGARA FALLS By-Iaw No. 2016 - A by-Iaw to authorize the payment of $32,686,031.78 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period of from August 5, 2016 to September 8, 2016. Passed this twenty-seventh day of September, 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 27`h day of September, 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 27`h day of September, 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-seventh day of September, 2016. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: Second Reading: Third Reading: September 27, 2016 September 27, 2016 September 27, 2016