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2016/11/22 "soil £Or11LA NIAG4_� p � 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 November 22, 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 4343 Morrison Street. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niag arapalls COUNCIL MEETING November 22, 2016 0 Canada to be sung by Julianna Collevecchio ADOPTION OF MINUTES: Council Minutes of October 25, 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. MW-2016-46 Lundy's Lane Streetscape Masterplan NOTE: A presentation will be made by staff and the consultant, Marianne Mokrycke. Representatives from the Lundy's Lane BIA, Tish DiBellonia and David Jovanovic, Project Administrator, will address Council. 2. 2017/2018 Winter Maintenance Presentation Municipal Works staff will make a presentation. 1 PRESENTATIONS/ DEPUTATIONS 6:00 P.M. Adam Vitaterna Fund Andrew & Marilena Vitaterna will be recognized for their fundraising efforts in memory of their son, over the last ten years. Governor General's Sovereign Award of Volunteerism Lauren Kessler, local resident, will be recognized for receiving the Governor General's Sovereign Award of Volunteerism. Community Support Services of Niagara Carrie-Lynne Sones, Coordinator of Volunteers and Services will outline her organization, which assists seniors and those with disabilities, to Council. * * * * * PLANNING MATTERS 6:30 P.M. Public Meeting: AM-2016-015, Official Plan and Zoning By-law Amendment Application 7000 Montrose Road Applicant: Look Revolution Inc. Agent: Ken Dakin, RPP Proposal: Proposed Retirement Home Background Material: Recommendation Report: PBD-2016-58 2 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. CD-2016-02 — 2017 Council Schedule CD-2016-03 — Integrity Commissioner F-2016-33 — Municipal Accounts F-2016-43 — Major Receivables Monthly F-2016-44 — Treasurer's Write Off FS-2016-06 — Fire Department— Emergency Purchase of a Fire Pumper MW-2016-47 — Assumption of Various Subdivisions MW-2016-49 — Mewburn Road Bridge Revised Cost Sharing Proposal TS-2016-10 — Municipal Lot Rationalization TS-2016-36 — Mundare Cres. & Lamont Avenue Parking Control Review TS-2016-39 — Ernest Crescent & Pauline Drive Parking Review TS-2016-42 — Transit Capital Projects — Public Transit Infrastructure Fund (PTIF) TS-2016-43 — Bus Terminal Lease Agreements * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS 3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Memo from Clerk— memo recommending appointing Rick Volpini to represent the municipality at Court of Revision drainage hearings. RECOMMENDATION: For the Approval of Council. 2. FX WORX INC. — requesting approval for annual, New Year's Eve fireworks display at the Skylon tower. RECOMMENDATION: For the Approval of Council, subject to the appropriate insurance requirements. 3. Niagara Falls Community Health Care Centre — requesting support of their Dental Health Care resolution. RECOMMENDATION: For the Consideration of Council. 4. Ontario Ombudsman — decision on their investigation of the February 10, 2015, Niagara Falls City Council closed meeting. RECOMMENDATION: For the Information of Council. 5. Victoria Centre B.I.A. — correspondence regarding Commercial Parking Lots. RECOMMENDATION: Refer to Staff. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. * * * * * RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2017 Niagara lcewine Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. THEREFORE BE IT RESOLVED THAT in light of the on-going review of the Municipal Act, the Ministry of Municipal Affairs be petitioned to allow one of the permissive grounds, for the closed meeting exceptions, to be the protection of the municipality's competitive interest or sensitive business information. 4 * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2016-119 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns, Heavy Vehicle Restriction) 2016-120 A by-law to provide for the exemption from taxation for municipal and school purposes, together with the cancellation of taxes owing for municipal and school purposes, with respect to the lands owned by the Boys and Girls Club of Niagara, municipally known as 8800 McLeod Road, Niagara Falls. 2016-121 A by-law to authorize the execution of a Licence Renewal Agreement — (Recreational) with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure regarding certain lands located in the City of Niagara Falls, described as Part of Lots 60,112 & 113 Plan 109, Lots 6, 7, & 8 Plan 194, in the Township of Stamford, for public recreational purposes. 2016-122 A by-law to authorize the execution of an Agreement of Purchase and Sale with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure as Vendor and The Corporation of the City of Niagara Falls as Purchaser, for the purchase of certain lands located in the City of Niagara Falls, described as Part of Township Lots 185 and 199, Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 59R-15168, City of Niagara Falls. 2016-123 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2016-124 A by -law to authorize the execution of an Agreement with Trentway Wagar Inc. respecting a lease at 4555 Erie Avenue. 2016-125 A by-law to authorize the payment of$39,309,540.57 for General Purposes. 2016-126 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of November, 2016. * * * * * NEW BUSINESS 5 *November 22, 2016 - Julianna Collevecchio Julianna is a student of vocal teacher Sandra Mason. She is involved in many music performances throughout the community and she has sung with Chorus Niagara. Music is her passion. She loves singing and playing the piano. She hopes to study music in university next fall. MW-2016-46 November 22, 2016 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-46 Lundy's Lane Streetscape Master Plan RECOMMENDATION 1. That the Lundy's Lane Streetscape Master Plan developed by O'Connor Mokrycke Consultants be accepted. 2. That the funding for the Phase 1 improvements be referred to the 2017 Capital budget deliberations for consideration. EXECUTIVE SUMMARY The streetscape master plan focuses on public space improvements of key locations along Lundy's Lane between Main Street and Garner Road. The key locations include signalized intersections, gateways, bridges and recreational trail connections. At these locations the master plan proposes enhanced sidewalk paving, landscaping, heritage themed street furniture, banner poles, planters, utility box wraps and heritage themed signage. Areas between these key locations will receive beautification through enhanced tree planting and heritage street-lighting upgrades. The streetscape master plan proposes that improvements be implemented through a 3 phase strategy coordinated with the Niagara Region. This project has significant financial implications and for this reason staff is recommending that it be considered in the context of the other investment priorities for the Corporation during the annual Capital Budget deliberations. The purpose of this report is to seek Council's acceptance of the streetscape master plan and receive direction on advancing a funding request to support the proposed works. BACKGROUND At the July 8, 2014 Council meeting, City Council directed staff to undertake improvement projects identified by the Lundy's Lane BIA. One of these projects was to complete a new streetscape master plan for Lundy's Lane. Refer to attachment #1. To facilitate the streetscape master plan, O'Connor Mokrycke Consultants (OMC) was retained by City Staff. ANALYSIS/RATIONALE The streetscape master plan for Lundy's Lane was developed with the assistance of a November 22, 2016 - 2 - MW-2016-46 stakeholder working group. This working group included individuals from City of Niagara Falls staff (Municipal Works Engineering, Municipal Works Maintenance & Planning), Niagara Region Staff (Public Works & Planning) and the Lundy's Lane BIA. The streetscape master plan focuses on public space improvements of key locations along Lundy's Lane between Main Street and Garner Road. The key locations include signalized intersections, gateways, bridges and recreational trail connections. At these locations the master plan proposes enhanced sidewalk paving, landscaping, heritage themed street furniture, banner poles, planters, utility box wraps and heritage themed signage. Areas between these key locations will receive beautification through enhanced tree planting and heritage street lighting upgrades. Refer to attachment#2. Through the design process City and Regional staff determined that sections of Lundy's Lane will need water main and sewer replacements, pavement rehabilitation and street lighting replacements. Furthermore, the north bridge over the OPG canal will require significant improvements. All of these infrastructure investments have been identified for works over a 5 to 10 year horizon. The Lundy's Lane Streetscape Master Plan recognizes the infrastructure improvements that are necessary along the lane and sees this as an opportunity for synergies. Working with larger infrastructure project, some construction costs associated with the streetscape improvements can be reduced. As a result, the streetscape master plan proposes that improvements be implemented through a 3 phase strategy that coordinates with future infrastructure projects. The phasing was determined by implementation constraints/opportunities and can be explained as follows: • Phase 1 projects are works that can commence in a timely fashion upon funding approval. There are no impacts from future infrastructure works. • Phase 2 projects are works that require external stakeholder approval/agreements and may need larger amounts of planning/design work. There are no impacts from future infrastructure works. • Phase 3 projects are works that should advance with City and Regional infrastructure works. On June 29, 2016 the Lundy's Lane Streetscape Master Plan was presented to the BIA membership at the Annual General Meeting. Similar to other BIA partnered streetscape improvement projects, the Lundy's Lane BIA has stated a willingness to contribute funds to advance improvements. However, there is no firm commitment of an amount of funding the BIA is willing to back at this time. The Niagara Region has established the Public Realm Investment Program 2016 Pilot to assist in facilitating local area municipalities to invest in public spaces along regional roadways. City staff applied for funding under this program and received support for the purchase of benches, bike racks, waste receptacles and utility wraps within the phase 1 area. Refer to attachment#3. November 22, 2016 - 3 - MW-2016-46 FINANCIAL IMPLICATIONS The budgetary estimate for the Lundy's Lane Streetscape Master Plan has been estimated as follows: Phase 1 $1,547,412 Phase 2 $2,034,414 Phase 3 $2,105,046 Total $5,686,873 The budgetary estimate for the streetscape master plan is based on the best information available and will be reviewed and refined at the engineering design stage. At this time, it is premature to commit funding from this or any source without understanding the impacts on the overall Capital Budget. Accordingly, it is recommended that this project should be referred to the Capital Budget Review process so that it can be prioritized with other important investment decisions. Funding in the amount of$29,310 was committed by the Niagara Region Public Realm Investment Program to support street furniture and utility wraps within phase 1 of the Lundy's Lane Streetscape Master Plan. CITY'S STRATEGIC COMMITMENT This project meets City Council's strategic priority for Economic Growth and Prosperity by investing in Niagara's global brand. LIST OF ATTACHMENTS 1. Lundy's BIA Letter, June 13, 2014 2. Lundy's Lane Streetscape Master Plan —OMC (executive summary; full copy on website) 3. Public Realm Investment Program 2016 Pilot— RR20 Lundy's Lane (Phase 1) letter Recommended by: Geoff Hol an, Director of Municipal Works Respectfully submitted: `2-1 /4j Ken T dd, Chief Administrative Officer David Antonsen/GH Lundy sLane rv,vsv•LUNDYSLANE•DOM June 13,2014 Mayor Jim Diodati&Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls,ON L2E 655 Re: Lundy's Lane Battlefield Gateway Project Welcome to Lundy's Lane Sign Lundy's Lane Streetscape Master Plan Dear Mayor Diodati&Members of Council; Over the years,Lundy's Lane has always been one of the main arteries of Niagara Falls. Today, Lundy's Lane is quickly becoming the major growth neighbourhood of Niagara Falls for both residential and commercial development.The Lundy's Lane BIA and its'Board of Directors are fully aware of this growth and the need to bring the infrastructure and Streetscaping of Lundy's Lane up to first class standards. Currently,the infrastructure and Streetscaping of the Lane lags way behind every other WA in Niagara Falls.Virtually every BIA in Niagara has gone through a major Streetscaping revitalization except Lundy's Lane. With this goal in mind,the LLBIA has been actively working with City Staff over the last 10 months on the Lundy's Lane Gateway Arch,the Lundy's Lane Battlefield Park Master Plan and in trying to establish a long term Streetscape Master Plan and CIP for Lundy's Lane. Even though significant strides were being made,we have continually been besieged by setbacks. Outlined below are issues that need to be resolved: • Lundy's Lane Battlefield Arch&'Welcome to Lundy's Lane'Component • Streetscaping Master Plan • Design Decisions for Gardner Rd&Lundy's Lane Intersection—work starting Sept 1,2014 The Lundy's Lane BIA has been actively involved with City Staff for many years on the Commemoration of the Lundy's Lane Battlefield and the Battle of Lundy's Lane. To show our commitment toward these projects,the LLBIA pledged$40,000 for the design,development and installation of four plaques depicting the site in the early 2000's. In recent years,the LLBIA has contributed$150,000 toward the construction of the Battle of Lundy's Lane Gateway Arch and our 1 commitment was contingent upon a'Welcome to Lundy's Lane'element. Through the IBI design process,it was determined that the'Welcome to Lundy's Lane'element did not fit with the design and historical significance of the Arch. Through consultation with City Staff and the IBI Group,it was determined that the'Welcome to Lundy's Lane'feature should be located off of the monument,ideally at the entrance to Lundy's Lane-our'Eastern Gateway'. This was a major concession by the LLBIA Board of Directors as this feature was the main impetus of this large of a financial contribution. On November 26,2013,the LLBIA approached Council—through Report MW-2013-60 prepared by City Staff—that"Staff and the consultant be directed to work with Lundy's Lane BIA to establish an acceptable"Welcome to Lundy's Lane"feature in addition to or in conjunction with the Gateway Project..."This report was unanimously approved and City Staff were advised to work with the LLBIA to meet their needs. On December 9,2013 the LLBIA met with Geoff Holman and support staff to go over the details of Council's directive as well as address the development of a long-term Streetscape Master Plan for Lundy's Lane. As a result,File 340-14 Lundy's Lane Streetscape Projects was created and issued by Geoff Holman to the LLBIA on January 9,2014.Item 4 stated:"We discussed the input from the LLBIA on the final plans for the Gateway Project and we appreciate you working closely with the consultant to achieve the best solution. I trust that you are feeling more positive about an ongoing consultant to the LLBIA and I look forward to bringing these great initiatives to fruition cver the next year or so". On January 21,2014 an email from Jeff Claydon regarding the Update on'Welcome to Lundy's Lane'Feature stated: "L1 terms of the Welcome to LL sign feature,I am working on a draft design so that I can give I3/a better idea of what we discussed,so they have something to work from... I had a good meeting with the Region last Friday... they were very receptive to the idea of improving this key intersection and were receptive to replacing the galvanized poles with the black poles and larger more decorative street signs". On February 5,2014 an email response from Geoff Holman to Jim Aeoli,Region of Niagara,RE: NW Corner of Lundy's Lane and Main Street:Brilliant!Thanks for your help lim.. I will forward this to our staff and BiA to discuss next steps. It is acknowledged that the property acquisition would be at the City's expense and that the property would be dedicated to the Region... We will also wart to discuss what signage the City/BIA has in mind so that your process and its requirements are taker into consideration before the purchase is completed... Earlier on February 5,2014—Jim Zeoli from the Region emailed: 'Attached is the corner requirement we talked about in your office about a month ago. The notes are self-explanatory... The daylight could woke up part of the Main Street right-of-way. As such the Region would not own the property. An agreement for the BIA sign would not include the Region;however, we would like to see the design prior to installation... 2 • -- gEGIGAIAL aoau'0 5 ih'E! On February 19,2014,Jeff Claydon showed the LLBIA a rough sketch of the'Welcome to Lundy's Lane'Sign for the NW Corner of Lundy's Lane and Main Street and encouraged feedback.From the resulting feedback,the following sketch was generated by the IBI Group for further feedback and to show how the sign could act as the new entry point to Lundy's Lane and the Battlefield Parkas well as set the design cues for the Lundy's Lane Streetscape Master Plan. g� The LLBIA was assured that the necessary land acquisition process was moving forward and was being dealt with by the Legal Department of the City. 3 On April 1,2014 the LLBIA had a meeting with Geoff Holman and Jeff Claydon to follow up on the meeting of December 9,2013 and specifically to talk about the status of the Land Acquisition of the NW Corner of Lundy's Lane&Ferry,the design for the Welcome to Lundy's Lane feature and Lundy's Lane Streetscaping Master Plan etc.The meeting agenda was side tracked when Geoff Holman brought the news of over budget RFP Submissions to our attention. Knowing how important the Battlefield Arch and Battlefield Park Master Plan are not only to Lundy's Lane,but to Niagara and future Heritage Tourism development,the LLBIA worked closely with City Staff and Don Jackson to make a presentation to City Council.On April 8,Council voted to have City Staff revisit the project to see if there could be cost savings that would bring the project closer to budget. Somehow,through the extraordinary efforts of Major Jim Diodati,the Gateway Project was given new life when the Major's Office and support staff found a way to have more partners involved in the project. On April 30,Council revisited the new Gateway Proposal and the project was awarded to Rankin and scheduled to be completed prior to July 25,2014. Upon hearing the great news,the LLBIA immediately tried to set up a meeting with Geoff Holman and staff to keep everything on track and follow up on: • The final design of the'Welcome to Lundy's Lane'sign and landscaping • The status of the acquisition of the agreed upon land on the NW Corner of Lundy's Lane and Main Street for the'Welcome to Lundy's Lane'Sign and landscaping • The permits and design of the hanging basket brackets and Commemorative Battle of 1812 Banners that the LLBIA pledged for Lundy's Lane from Main to Drummond Road (value,approx.$10,000) • The Streetscape Master Plan for Lundy's Lane • The upgraded Traffic Signal Posts that were not installed at Montrose and Lundy's Lane • An upgrade program of street lighting for Lundy's Lane • The design/selection of street posts for the Lundy's Lane&Gardner Intersection Project On May 22 the LLBIA was finally notified that a meeting was scheduled for May 27 by Geoff Holman and was to include support staff from the City and Region to address these issues. Unfortunately,due to other very urgent issues,Mr.Holman was not able to attend and major issues were not able to be addressed by attending staff.After back and forth communication with Geoff Holman about the urgency to move forward on these time sensitive projects,on June 4 the LLBIA was shocked to hear that Council had opted not to provide funds for the'Welcome to Lundy's Lane'sign,the Streetscape Master Plan and the upgraded traffic posts at the Montrose and Lundy's Lane intersection.These are key items that were agreed upon by Council and or City Staff and are vitally important to the successful development of Lundy's Lane. As was mentioned earlier,Lundy's Lane is virtually the most important corridor in Niagara and is the life centre of the rapid development of the west end of Niagara Falls. For any city to be vibrant,its'infrastructure must be first class. Currently,Lundy's Lane is in dire need of a makeover and consistency in infrastructure and design decisions. For this reason,the Lundy's Lane BIA has been very keen in trying to establish a Street Scape Master Plan and has willingly invested $200,000 plus into the Battlefield Gateway Project-even though this area is not formally part of 4 the LLBIA.The original condition for the LLBIA's financial involvement was that the Gateway would have a prominent'Welcome to Lundy's Lane'element. Through the collective design process,with the IBI Group and City Staff steering the way,the LLBIA opted to do what was in the best interest of preserving the historical significance of the Arch by allowing the'Welcome to Lundy's Lane'element to be located off of the monument.On November 26,2013,City Council agreed with this decision and directed City Staff and the IBI Group to work with the LLBIA. The LLBIA is asking City Council to stand by their decision and direct City Staff to proceed with the 'Welcome to Lundy's Lane'component as agreed upon and to procure the lands required. It is our hope as well that Council will see the merit of proceeding with the Streetscape Master Plan which integrates design elements of the Battlefield Gateway Project at various major intersections along Lundy's Lane. With the design deadline of late June looming for the Gardner Road and Lundy's Lane Intersection Project—our'Western Gateway',it is imperative that City Staff help steer critical decisions on the selection of street posts and the design of the proposed'Welcome to Lundy's Lane/Welcome to Niagara Falls'sign and landscaping.The LLBIA was informed by the Region on June 12 that this project is going to tender the first week of July in order to meet the September 2 construction start date.The LLBIA is hereby asking that City Staff be given the resources needed to keep all of these vita!projects on track and make sure that our City's key roadway gets the attention it so direly needs. Please feel free to contact me at any time. Best Regards, David Jovanovic Project Administrator,Lundy's Lane BIA 905-401-8247 dpvid jcvanovic.Jibia@gmail.corn cc: Tish DiBellonia Wayne Kretz Geoff Holman 5 54' w 2 \ \ \ \ \ 2�' - 7:74t1. , � » � . .§ , . \ 41f ��; . . . . » « - « w �2�` ». ^ � � » y 2 < \© 2 4 \ . . . � \ : ° . < \ « * Lane Lundy iagar L N[AC\RA FMIS LUNDY'S LANE STREETSCAPE MASTER PLAN Table of Contents Introduction 2 Objectives 2 Intersection Enhancements 2 Existing Conditions 4 Master Plan Strategy 5 (i) Phase 1 5 (ii) Phase 2 7 (iii) Phase 3 9 Appendix A: Phasing and Budgets Appendix B: Drawings Appendix C: Site Furnishings Lundy's Lane Streetscape Master Plan November 2016 Page 1 of 10 Introduction The Lundy's Lane study area is approximately 6.0 km in length, with a mix of recreational, dining, hospitality, and shopping establishments. It commences at the intersection of Main Street and Lundy's Lane, and ends at the Garner Road intersection. The Lane is an important transportation corridor with connections to the QEW, Victoria Avenue (Niagara Falls), and westward toward Highway 406. It is a Regional Road, and is the site of the Drummond Hill Cemetery, a national heritage site and the Lundy's Lane Battlefield as well as a public park. Lundy's crosses over the Ontario Power Generation Canal and the Queen Elizabeth Way Highway. Land development along the Lane is reflective of an area that has incrementally grown over time, and through various stages of planning standards. Lundy's Lane is in need of aesthetic and physical improvements in order to establish this BIA as distinct within the City of Niagara Falls. Infrastructure projects such as water and sewer improvements and therefore subsequent road reconstruction, are planned by the Region of Niagara. Coordination is required between City and Regional initiatives along the Lundy's Lane corridor. Objectives The Lundy's Lane BIA is seeking unified aesthetic themes and design guidelines, to bring Lundy's Lane Streetscaping to the same standard as other tourism focused BIA's in the City of Niagara Falls. Intersection Enhancements • Installation of upgraded Traffic Light Posts as per Drummond Road Intersection • Seasonal Floral Displays and Design Elements from Gateway / Battlefield Parkette • Provision for and design of seasonal lighting displays • Possible use of different paving/surface material for crosswalks at main intersections • Larger Decorative Street Name Signs at main Intersections • Banner's & Hanging Baskets on 4 posts north and south of Drummond, Dorchester & Montrose to create a sense of arrival at Lundy's Lane • Street furniture Lundy's Lane Streetscape Master Plan November 2016 Page 2 of 10 • Utility box wraps • Main Gateway Intersections o Main Street o Montrose o Garner • Enhanced Intersections o Drummond Road o Dorchester Road o Kalar Road This Master Plan was developed as a high level document that focusses primarily on organizing principles, phasing, and budgets. Nonetheless, as part of the master planning process preliminary investigations were undertaken with respect to street furniture, planting, and preliminary design concepts for areas of focus. It was determined, in consultation with the BIA that the overall theme would reference some of the historical features already in place. Appendix A illustrates examples of site furnishings that would reference the aesthetics of other features on Lundy's Lane, yet establish the BIA district as distinct. Black painted metal was chosen as the finish for street furnishings. Banner poles also will be black metal, as will be new ornamental metal fencing. Colour will be introduced through the use of banners, planting, and public art. In addition to these enhancements to areas of focus, a new public space is planned at the OPG Canal. The location at the parkette and parking facilities will contribute greatly to connectivity to the Millennium Trail and the Gary Hendershot Trail. Lundy's Lane Streetscape Master Plan November 2016 Page 3 of 10 Existing Conditions The Lundy's Lane Streetscape Study area is approximately 6.0 km in length. The boulevard varies considerably in width, from less than a meter in some areas near Drummond Road to several meters in width at the western end near the intersection of Garner Road. The City of Niagara Falls Transportation Master Plan does not recommend Lundy's Lane as a candidate site for on-road cycling infrastructure. Lundy's Lane crosses both the OPG (Ontario Power Generation) canal and the Queen Elizabeth Highway. Generous building setbacks from the sidewalk (on both sides of the road in most locations) are historical conditions based on planning regulations of the past. These setbacks, and the large expanses of parking areas along the sidewalk have created an environment that is geared toward vehicles and is lacking in pedestrian scale. An inventory of properties with respect to building setbacks has not been addressed by this Master Plan. In future it is expected that as properties re-develop, their site plans will address improvements to streetscape frontages as regulated by the city's planning department by-laws. Additional recommendations may be made through the Community Improvement Plan (CIP) currently in progress. Lundy's Lane is a busy arterial road with connections west toward Highway 406, and connection to Victoria Avenue to the east. On-street parking is not available along the Lane, therefore businesses are required to provide on-site parking. At some properties, it appears that parking encroaches onto municipal property reducing or preventing the ability to provide separation or visual screening between the pedestrian sidewalk and the adjacent asphalt parking area. In some locations entrance driveways exceed the width of standard commercial driveways and interrupt the streetscape. The wide openings limit opportunities for streetscape improvements, such as lighting, street tree planting, visual screening and separation, or other aesthetic elements. These conditions have resulted in a streetscape that is dominated in many areas of the Lane by vehicles, driveways, and parking lots along property frontages. The general character of the street is that of a wide roadway which lacks pedestrian scale. It has limited pedestrian crossings, little opportunities for rest stops, and very little protection from sun and wind (microclimate). Some business owners have landscaped the areas between their parking lots and the street, resulting in attractive street frontages, and visual screening of parking areas. Lundy's Lane Streetscape Master Plan November 2016 Page 4 of 10 Master Plan Strategy The Lundy's Lane streetscape master plan differs from other streetscape master plans that typically address consistent design elements across an entire road frontage. This streetscape master plan focusses on specific, targeted areas such as gateways and intersections, and allows for tree planting where space permits. Reasons for this approach include: the length of road, differences in character along the streetscape, and phasing due to budgetary considerations and the need to consult and coordinate with other authorities. The City of Niagara Falls is engaged in other initiatives immediately adjacent to Lundy's Lane; such as cultural areas (including the battlefield) and renovations to Coronation Park. The Region of Niagara and the City of Niagara Falls have underground infrastructure work planned over the next several years. WEGO stops are being improved. A Phasing Plan has been developed that describes three phases of streetscape improvements. The first phase consists of improvements that can be accomplished within a relatively short time frame. Subsequent phases are longer term, in recognition of the coordination required with other levels of government, agencies such as OPG, and the availability of capital funding from the City of Niagara Falls as well as the BIA. The recommendations from this Streetscape Master Plan should be integrated into the CIP for Lundy's Lane. (i) Phase 1 The following is a brief description of the three phases: Phase One components are relatively free of constraints, with respect to anticipated construction and approvals. It is anticipated that design would commence in 2017 with implementation commencing 2018. Drummond Road Medians (1 B) The design program for the Drummond Road Medians includes 16 banner poles, perennial and annual plantings, and an irrigation system. Kalar Road Intersection (1D) The Kalar Road intersection includes coloured concrete banding, concrete sidewalks, one bench, one litter receptacle, a bicycle rack, 16 banner poles, and tactile warning plates. Lundy's Lane Streetscape Master Plan November 2016 Page 5 of 10 Garner Road Medians/Entrance Feature (1E) The Garner Road intersection improvements include concrete pavement, tactile warning plates, a sign wall (gateway), ten banner poles, an irrigation system, deciduous and coniferous tree planting, perennial and annual plantings, and sod repairs. • Sta fes- -�� • 4 gS ji • • Street Tree Planting (1F) Street tree planting will be undertaken where space permits in the right-of-way. An allowance has been established to cover the cost of approximately 300, 60mm caliper trees. Light Standard Upgrades Montrose to Kalar (1G) This component consists of street lighting upgrades, with an approximate quantity of 72 light poles. Light Standard Upgrade from Drummond to Highland (il) This component consists of street lighting upgrades, with an approximate quantity of 16 light poles. Update Light Pole Bases from Kalar to Garner (1J) This component consists of street lighting upgrades (pole bases only) and the work will be undertaken by the BIA. Lundy's Lane Streetscape Master Plan November 2016 Page 6 of 10 (ii) Phase 2 Phase Two components require a longer timeframe due to constraints associated with approvals from the Region, OPG and/or other agencies. It is anticipated that design work would commence in 2018 with implementation commencing in 2019. The crosswalk at the new Fire Station is an important element that will improve pedestrian safety and connectivity. This initiative must be coordinated with the design and construction of the new fire station. It is anticipated that a traffic study and design work could be undertaken in 2018 with implementation in 2019. Main Street to Drummond Road (1A) This section of Lundy's Lane will be improved with coloured concrete paving banding, and new concrete sidewalks between Main Street and Drummond Road. Site furnishings, up to three benches and three litter containers are included (space permitting), deciduous trees, and perennial and annual planting. It is intended that the lighting be upgraded at the intersection of Main and Lundy's Lane, with a heritage theme and that the heritage lighting be continued to Drummond in coordination with the heritage theming that is being undertaken in the adjacent park area. It is intended that streetscape improvements in this area be complementary to and coordinated with the aesthetics at Drummond Hill Cemetery, Coronation Park, Historic Drummondville and the Lundy's Lane Battlefield Gateway. Parkette at Canal including Parking (2A) The parkette at the OPG canal location is intended to reference the city's history of power generation. The parkette is also intended as a rest stop for tourists, pedestrians and cyclists. Features include: ornamental metal fencing (security), concrete walkways, asphalt paved parking lot, benches, planters, bicycle racks, and interpretive signage, historical artifacts or public art. Trees, sod and shrub and perennial plantings are included. Lundy's Lane Streetscape Master Plan Y p November 2016 Page 7 of 10 . y . • • :-..y.-4 _ ''1.'7 . t Y R • { �P: „ , x -0" ' View toward Parkette Entrance -4"---.V . + ,.,.,,,..:...,,I,/: 4 ' ¢ ± :' i: t . . t \ = Jr te 11 Street Frontage at Parkette Entrance/Parking Area Lundy's Lane Streetscape Master Plan Page 8 of 10 November 2016 Trail Heads at Canal(2B) Two trail heads are planned opposite the new parkette, one at the Gary Hendershot Memorial Trail head, and the other at the Millennium Trail. Each location will include seating, litter container, deciduous tree planting and ornamental metal fencing (security) to replace the existing chain link security fencing. t J ` • View of Seating Area at Trail Head A future connection from Lundy's Lane to the Memorial Trail is under consideration, and is outside of the scope of this master plan. Push Button Crosswalk at New Fire Station (2F) A pedestrian activated crosswalk near the new fire station is anticipated, in order to increase pedestrian safety. During the master planning process, it was understood that opportunities for pedestrians to safelycross the road were limited, and widely spaced. The new crosswalk will require a traffic study. (iii) Phase 3 Phase Three components have a longer time frame, as they are dependent on road and underground infrastructure work being undertaken by the Region of Niagara. It is expected that implementation of Phase Three components would take place beyond 2020 or when Regional work commences. Highland Avenue Intersection (1C) Intersection improvements include upgraded lighting, perennial and annual plantings and an irrigation system. Lundy's Lane Streetscape Master Plan November 2016 Page 9 of 10 Montrose Medians and Banner Poles (3A) The intersection of Montrose and Lundy's Lane is considered to be an important gateway to the BIA, due to the connection to the QEW. Improvements to the intersection include upgraded pedestrian crosswalks, concrete paving, banner poles or vertical elements (public art), tactile warning plates, perennial and annual planting, and an irrigation system. Dorchester Road Medians (3B) Improvements at Dorchester Road include concrete paving, benches, banner poles, perennial and annual plantings and an irrigation system. Lighting Upgrades — Highland to Montrose (3D) Belmont Avenue Intersection (3E) Street lighting upgrades at intersection. OPG Canal Overpass (3C) Improvements at the bridge include planters (to match theming at other areas), coloured concrete paving, and heritage style lighting. Montrose Road Street Tree Planting, Banner Poles and Intersection Lighting Upgrades (1H) Improvements include a continuation of street tree planting along Montrose toward the QEW ramp, and banner poles; in order to enhance this area as a gateway to the BIA. Gateway Feature at Main Street Intersection(2E) This feature is dependent on land acquisition. It consists of concrete paving, coloured concrete banding, and a Gateway Entrance Feature/Signage, and shrub, perennial and annual planting. QEW Overpass including medians (2C) This component is dependent on MTO approvals. It is intended that planters consistent with the other areas of Lundy's Lane will be installed on the central raised median. Banner poles are intended for either side of the overpass, as well as heritage style street lighting. It is hoped that the guardrails may be modified in keeping with the aesthetics of the street. Lundy's Lane Streetscape Master Plan November 2016 Page 10 of 10 APPENDIX A: PHASING AND BUDGETS Lundy's Lane Master Plan DRAFT SCHEDULE FOR IMPLEMENTATION October 20, 2016 Ref. Sco • e of Work Task 2017 2018 2019 2020+ PHASE 1 COMPONENTS - for 2017 Implementation, Design in Spring 2017 Phase 1 is based on the assumption that the following items can be implemented with Design commencing in 2017. Many Phase 1 items are relatively free of constraints, others such as 11 and 1] are dependent on other organizations (Region and BIA). 1B 1D 1E 1F 1G 11 1J Drummond Road Medians Kalar Road Intersection Garner Road Medians/Entrance Feature Street Tree Planting Light Standard Upgrade Montrose to Kalar Consulting Light Standard Upgrade from Drummond to Highland • dependent on Region Update Light Pole Bases from Kalar to Garner • work to undertaken by BIA Construction Consulting Construction Consulting Construction Consulting Construction Design Construction Design Construction Design Construction YEARLY SUBTOTAL $23,124.24 $54,264.60 $231,242.40 $361,764.00 $131,221.18 $1,416,191.52 PHASE 2 COMPONENTS Phase 2 items have constraints associated with approvals from the Region, OPG, and/or other agencies. At this time it is estimated that design work could potentially take place in 2018 with im.lementation in 2019. Crosswalk at New Fire Station: This item needs to be implemented in coordination with the construction of the new fire station. Ideally a traffic study and design work could be undertaken in 2018 with presentation to Council in 2018 and implementation in 2019. 1A 2A 2B 2F Main Street to Drummond Road Parkette at Canal including Parking Trail Heads at Canal Push Button Crosswalk at New Fire Station Consultin Construction Consulting Construction Consulting Construction Consulting Construction YEARLY SUBTOTAL $180,624.76 $36,199.73 $15,925.21 $1,204,165.05 $241,331.55 $106,168.08 $0.00 $232,749.70 $1,801,664.67 1 Lundy's Lane Master Plan DRAFT SCHEDULE FOR IMPLEMENTATION October 20, 2016 Ref. Sco • e of Work Task 2017 2018 2019 2020+ PHASE 3 COMPONENTS - Beyond 2019 Phase 3 items are dependent on road work being undertaken by the Region. 3A 3B 3C 3D 3E 10 1H 2C 2E Montrose Medians and Banner Poles Dorchester Road Medians OPG Canal Overpass Lighting Upgrades - Highland to Montrose Belmont Avenue Intersection Highland Avenue Intersection Montrose Road Tree Planting QEW Overpass including Medians • dependent on MTO approvals Gateway Feature @ Main Street Intersection • work is dependent on land acquisition Consulting Construction Consulting Construction Consulting Construction Consulting Construction Consulting Construction Consulting Construction Consulting Construction Design Construction Design Construction YEARLY SUBTOTAL $35,226.45 $234,842.99 $33,467.95 $223,119.65 $30,193.32 $201,288.83 n/a $217,250.00 n/a $52,250.00 $13,175.64 $87,837.60 $30,709.77 $204,731.80 $65,204.17 $434,694 46 $21,913.98 $219,139.80 $2,105,046.40 2 Planning & Development Services Niagara Region 1815 Sir Isaac Brock Way, PO Box 1042,Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax:905-687-8056 www.niagararegion.ca October 19th, 2016 VIA EMAIL Mr. David Antonsen City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr.Antonsen, RE: Public Realm Investment Program 2016 Pilot I RR20 Lundy's Lane Street Furniture and Utilities Wrap (Phase 1) Thank you for applying to the Public Realm Investment Program 2016 Pilot. On behalf of the Regional Staff Selection Team for the 2016 Pilot Program, I am delighted to inform you that your application will receive a funding contribution from the Region in the amount of$29,310. This funding is to be applied to the provision of street furniture and utility box wraps for Phase 1, as discussed in the meeting between Regional and City staff held on October 5th, 2016. The Work Plan for Phase 1 includes decorative waste containers ($6,000), decorative benches ($12,000), bicycle racks ($2,310), and for utility box wraps ($9,000). By accepting this funding, the maintenance and replacement of features supported through this Program is assumed by the City of Niagara Falls. This project reflects the goals of 2016 Pilot Program and will contribute to an attractive, green, and inviting streetscape. By investing in public spaces together, we build strong and healthy communities that attract residents, promote tourism, grow the Regional economy, and beautify Niagara's communities. I look forward to experiencing the many positive impacts resulting from the completion of this project. Yours sincerely, Marilyn Radman, Associate Director of Development Planning and Urban Design, Niagara Region C.C: Geoff Holman,City of Niagara Falls Rino Mostacci,Commissioner of Planning and Development Services,Niagara Region Ron Tripp,Commissioner of Public Works,Niagara Region Khaldoon Ahmad,Manager of Urban Design, Niagara Region Dean Iorfida From: Beth Angle Sent: Monday, October 03, 2016 9:15 AM To: Dean Iorfida Cc: Carey Campbell Subject: Adam Vitaterna Fund - recognitin at Council Hello Dean Recently the Adam Vitaterna Fund was dissolved. This fund was established in 2005 after Adam Vitaterna drowned while vacationing in the Dominican with his family. The fund was established to keep the memory of Adam Vitaterna alive and provided assistance for registrations, equipment, and more for children's sport and recreation. Since established the fund contributed over$205,000 to supporting 635 children and other causes. The Recreation Committee wanted to recognize the family for their substantial contributions to the community. We are hoping that they can be recognized at a Council meeting and I wondered if October or November would be best? We will have to reach out regarding their availability as well but I wanted to start with you. Carey, would there be a gift available from the Mayor's Office to provide during the recognition? Beth Beth Angle Community Development Coordinator Recreation &Culture Department City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, ON L2H 3N3 905 356 7521 X 3336 905 356 7404 fax bangle@niagarafalls.ca 1 Dean Iorfida From: Carey Campbell Sent: Monday, October 17, 2016 1:38 PM To: 'Lambert, Antoinette'; Dean Iorfida Cc: Kristine Elia; Kevin McPhillips Subject: RE: Lauren Kesseler Recipient of the Governor General's Sovereign Award of Volunteerism. Attachments: Soverign's+Volunteer+Medal.docx Dear Antoinette: Thank you for this wonderful note and for letting Mayor Jim know about this great achievement of Lauren's. The mayor would be pleased to honour and congratulate her on behalf of City Council. He has asked that we invite her to attend a future Council Meeting to be recognized. I'm including our City Clerk, Dean Iorfida in order to confirm a spot on the agenda at the next/earliest available Council Meeting. Lauren's contact information is on the form you sent. Would it be ok if we contacted her from our office to make appropriate arrangements? Many thanks again for reaching out and for your efforts on her behalf. Warm Regards, carey CAREY CAMPBELL Exec=e Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell@niagarafalls.ca See more of Mayor Jim at You - AT wito From: Lambert, Antoinette [mailto:antoinette.lambert@ncdsb.com] Sent: Sunday, October 16, 2016 8:35 PM To: Jim Diodati Cc: Lambert, Antoinette Subject: Lauren Kesseler Recipient of the Governor General's Sovereign Award of Volunteerism. Good Evening Jim, I hope that you are keeping well. As mayor of this great City of Niagara Falls I want to share with you some great news I nominated my grade 12 student for the Governor General's Award of Volunteerism for all across Ontario and she won!!!! I have sent an attachment for you to read the nomination description that I prepared which describes the work of this incredible young lady. As well, I notified the paper and they sent me a link regarding the same student eight years ago and the tremendous work they found on this student. Please take a read. Well, I feel that as Mayor it would be such an honour for her to have you recognize her efforts on behalf of the City of Niagara Falls. I appreciate how busy your schedule might be but if at all possible would you be able to pay her a visit at >_ Saint Michael and congratulate her. She is very humble and compassionate and she doesn't know that I notified you but it would be remarkable to have your support in acknowledging her tremendous efforts. She will be receiving her award this Tuesday Night in Toronto. Please advise as to how you'd like to proceed with this. Thank you for your time :) http://www.niagarath isweek.com/news-story/3288768-lauren-s-locks-cut-out-of-pure-love/ Sincerely, Antoinette Lambert Program Chair of French and International Languages Saint Michael Catholic High School r. Please consider the environment before printing this email. This email,including any attachments,is the property of the Niagara Catholic District School Board.This information is intended only for the use of the individual to whom,or entity to which,it is addressed and may contain information that is privileged,confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you received this transmission in error,please notify the sender immediately and then permanently delete this message. 2 ;t x ` � gym: NOMINATION Please provide the following information in the space below: (required) 1 Provide reason(s) for the nomination: • Describe how the nominee has made a significant, sustained, unpaid contribution to the community. 2 Identify the following details: • volunteer work done • names of any organizations involved • length of service 3 Include any other relevant biographical information in the box below or in an attachment to your email Maximum -500 words Lauren has made some incredible sustained unpaid contributions to the community through a variety of activities and events both locally and globally. She was an advocate to begin our SOCIAL JUSTICE M.I.N.G.A. (Mustangs Inspiring New Generation Activists)CLUB at Saint Michael High School. Through her countless efforts to create an awareness for our club and a deeper understanding to our school community regarding the importance of engaging students to become active global citizens she helped in forming a group of twenty students last year and presently we know have thirty five eager students who have caught onto our spirit of student empowerment. She helped provide our winter clothing apparel for the Syrian Refugees that came to our community. We had a clothing drive for the Syrian Refugees and were able to help them adjust to the climate change through many generous donations of clothing. She also has helped out at many events to create,an awareness such as the Terry Fox run and she volunteered her time to coach young students'gymnastics. She has also been an integral part of our school community by acting as a peer tutor and supporting students in their academic endeavors in French and other subject areas. Another outstanding accomplishment for Lauren was her involvement with the Citizenship Ceremony last year whereby she was part of a committee that welcomed newly accepted Canadians through a ceremony and then a celebration of food and entertainment.She helped in providing culinary cuisine showcasing her creation of"les crepes." Lauren has done some incredible volunteer work abroad. Last May she went to the Dominican Republican for a week with a team through the Samaritan Foundation to serve the local people living in poverty. She helped to facilitate the programs that distributed food to a village and helped in the construction of homes being built by painting and helped with the finishing of the exterior homes. Her team opened up a local gift shop to help bring in some extra income for the villagers. She recalls a vivid experience to el Paradiso where her foundation helped to construct the first village there and she shared with me her interactions with the young children whom she met. She played with them and she shared their energy and excitement to live life full of joy and happiness each day. Lauren shared her gymnastics skills as a form of entertainment for the children and incredibly enough she began coaching an eager team of children intrigued by the discipline of the sport. Lauren was impressed with the young peoples'eagerness to learn and courage to try new things. Lauren will never forget the smiley faces of the children every day greeting her with warmth and joy despite their unbearable living conditions and she has been inspired to continue to do work in helping other communities and be thankful of the simple yet beautiful things in life. Lauren is hoping to work in an orphanage in March 2017 through the same organization in the Dominican Republic. Lauren is a role model to her peers and she is an outstanding academic student. Her love for life and passion to be a change maker is evident through her various activities. She is presently in grade 12 and is hoping to pursue post- secondary studies in business. She has a spark in her and a contagious smile that truly shines through and makes others feel the warmth that she exuberates. She definitely impacted my professional career and I feel fortunate to have taught and be a part of such a remarkable young lady's life. � �` .a�i .J .. �. _ .x a fti` �. __. .r s�zw Dean Iorfida From: Carrie-Lynne Sones <csones@cssn.ca> Sent: Monday, October 17, 2016 12:01 PM To: Dean Iorfida Subject: Presentation to city council Dear Dean Iorfida I am the Coordinator of Volunteers and Services for Community Support Service of Niagara out of our St. Catharines office which looks after the Niagara Falls area and my name is Carrie-Lynne Sones. I would like an opportunity to present to city council at your November 22, 2016 meeting if possible. I would use a power point presentation about our services that we have to offer, as well, let anyone know that is interested in volunteering that we are looking for people to help our seniors and persons with a disability, as we are non-profit and rely on our volunteers to provide a lot of our services to our clients. Please let me know if this would be possible on this date, or if not this one any time in the near future. I look forward in hearing from you Thank you carcic;e_Zgote soy&e Coordinator of Volunteers and Services csonescssn.ca Volunteering is a gift that holds no dollar value; which makes it priceless and touches so many lives. Community Support Services of Niagara ST. CATHARINES OFFICE 3-320 Vansickle Road St. Catharines ON L2S 0B4 Local: 905-682-3800 x24 Toll Free: 1-866-283-1931 x24 Fax: 905-682-2957 www.cssn.ca NWoJ�rfiJio s . mamma CSSN .Yelping Seniors Live at.ifome CONFIDENTIALITY NOTICE: This message, including any attachments, is privileged and intended only for the person named above. This material may contain confidential or personal information. Any other distribution, copying or disclosure is strictly prohibited. If you are not the intended recipient or have received this message in error, please notify us immediately by telephone,fax or e-mail and permanently delete the original transmission from us, including any attachments, without making a copy. Please consider the environment before printing this email. 1 11/17/2016 Community Support Services of Niagara Helping Seniors Live at Home Community Support Services of Niagara (CSSN) is a volunteer based, not-for-profit, charitable agency providing comprehensive client-driven services to help seniors and adults with disabilities live independently in their own homes. St.Catharines Office 3-320 Vansickle Road St.Catharines ON 905-682-3800 Beamsville Office 5045 Valleyview Road ll Beamsville ON 905-563-9501 1` HELPING SENIORS. LIVE AT HOME Welland Office R30-800 Niagara Street 905-788-3181 CSSN L^ Ontario (Seaway Mall)Welland,ON Demographics A 3 1 ,3 A 6 Niagaralr��f Region NIAGARA REGION `t `t V AREA AND POPULATION Residents Stats Can estimates that the number of _ seniors will grow from ro„ IM M •V;: o 1 in 7 to 1 in 4 by 2036 W . (14%) (25%) � i..,, ,za �.>. 19% Over 65 years of age M,..�o, Niagara has the 4th highest senior population in Canada 1 11/17/2016 Profile of a CSSN Client His wife used to cook all the meals. Now His wife passed away he barely eats once a last year... His kids day live out of town ,,, 1 e 4 Community Support Services has helped me to eat better by bringing hot nutritionally balanced meals to my home daily 10111.11, by caring volunteers whom I look forward to seeinINIANGSUOCIT g CSSN VOLUNTEERS Volunteers are essential; without them we would be unable to provide much needed services which help seniors continue to live in their homes. ilirr•"-- . ' , , • Conversation _._ ` ` `: .°. • 493 Volunteers s,it • 76806 Hours Donated -iii7 �, • 533, 082 Kilometers Travelled ' - Provided Service to 4211 Individuals —' "Delivering meals give us such a ' tremendous sense of satisfaction" common hobby Henry&Coco 1111111wu+Hceaaae WEwTnOK Statistics 2015/2016 fiscal year CSSN 2 11/17/2016 Anyone can call CSSN to make a referral, to get more information or to volunteer. 4111111111111* .r . ,.,IM MIN ` IN NMI Serving communities throughout the Niagara Region 1111,114 CS".IlYE�TISNWf' Meals On Wheels ► Hot meals delivered at lunch — Soup +Entree +Dessert -1 i • o-r� ► Frozen meals and special il diets are available on request ► Fee for service — 40,820 Meals served to 484 clients "1 tlhorougkly enjoy your meals and a big thank you for all your hard work avid being so pleasant." CSSN Meals on Wheels client 1-877-665-MEAL(6325) MOWAN RTI CSSN 3 11/17/2016 Lunch Out / CD Transportation a Clients come together in a Rides provided for medical group for a meal and social activity. appointments, banking, shopping Transportation can be requested and social activities. 11, 645 meals served to 789 clients 14, 896 rides lel ~• for 685 clients x uvEp. CSSN Volunteer Phone Chat Visitin • �,- —, A volunteer visits with Volunteers telephone clients on a clients in their homes; regular basis to chat and check they enjoy a variety of on their well-being. activities. 45, 081 visits (phone& in person) 1111416 with 896 clients UL.TI. CSSN 4 1 11/17/2016 Home Support Exercise Program (HESP) • A joint venture between CSSN and March of Dimes Canada. • HESP provided in client's home by trained volunteers. • 10 gentle exercises to: enhance ' - J and maintain functional mobility, balance and independence of seniors. • Program runs for 12 weeks NEIMMAIKIPS IMO MOM CSSN Homemaking Home Maintenance 11111 Screened Brokered Workers provide services Regular cleaning, laundry and housekeeping support' ► Grass Cutting ► Snow Removal 25, 920 hours of I ► Minor Repairs service ; 796 clients ► Odd Jobs 364 clients providedtatgicris brokered worker names CSSN 5 11/17/2016 Safety At Home iiii0_, ► Free home assessments ► Referrals for installation of assistive devices, minor home repairs and modifications ► Assistive devices subsidies & coordination of installation, for those who qualify (i.e. grab bars) ► Fall prevention education ► Community and professional presentations Safety at Home is offered by partnering agencies across the Niagara, Haldimand, Hamilton and Brantford areas. Serving over 8000 clients since 2009 1111111Nit flEIPING SENORS LIVE ATHOME CSSN V Leaf & Snow Buddies 4 ✓ Match volunteers with their older adult neighbours ✓ Provide free snow removal & I;-,,I:(' raking leaves li- it ✓ Prevent slips & falls • Volunteer opportunity I 'i oll v Students receive community I ` k' . : service hours .• w,, s 4Y[wT NOM CSSN 6 11/17/2016 1 Wellness Supportive Living 1 1 Program ► Multiple community agencies partnered to meet the needs of the older adult tenants. ► Four buildings in St Catharines, Welland & Niagara Falls; accessing services on-site. ► CSSN offers security checks, social programs, congregate dining and friendly visiting 385 clients served with recreation events &security checks; 356 clients served with Congregate Dining rAl MUM SENOM CSSN 13 Niagara Hindu Samaj Con• re•ate Dinin• • Niagara Hindu Samaj Seniors Gathering is a weekly, cultural lunch-out program providing an opportunity to practice yoga and experience South Asian food. The group welcomes everyone. • CSSN assists with transporting clients who wish to attend the program. 78 clients served 1447 ° -meals this past year-- 4 14 7 11/17/2016 Do you require services in French? cifiqp Services de soutien communautaire de la region de Niagara cs`sN AIDER LES AINES A VIVRE CHEZ EUX 1. 444 � r i; , Popote roulante Transport•Aide a domicile Entretien du domicile et reparations :, Securite du domicile•Repas collectives # "' Visites amicales/Telebonjour 1 . Programme d'exercice a domicile ` 11114,.. Ramassage des feuilles et deneigement ! Ontario 15 e N CSSN in the News : ,�= I x ______ • lit M Q �f1`I 4 as �a :a1 rj ivofrY, G r �7 * L 4. m t t4 , / {:L°A III '1 ' Y + = aielY M !r '= gymsH,-. a•� � .,. !!‘„1. r . 16 8 11/17/2016 Find us on the web : ,.:4 . r-i,zsil 0 WWW.cssn.ca . , cCssn Niagara Follow 4 SnoviBuddie sC S 91 1'44 ' @CSSNiagara ., el MIRIOSSEMOIS ATIOW CSSN 6 Community Support Services of Niagara 'S.55...N Helping Seniors Live ar Home Community Support Senices of Niagara is a volunteer based not-for-profit agency providing comprehensive client- driven community support sen-feet to help server-s and adults with disabilities live independently in their own homes. SERVICES 4 - : - ,.-,.; tell . ,.... ,,, , .... , ,.. LJ LINKS SE RESOURCES :I' ''' a', 14, I Thee's by,":-CSSNi.2,4,1 t iiiiiii P II 4111 131~.11ftels WI AVMS. CSSN 18 9 11/17/2016 Pr 1 WEAYHOME-:. Thank you! CSSN Community Support Services of Niagara Patricia Regier Director of Collaborative Partnerships & Education Phone: 905-682-3800 ex.t 32 Email: pregiercssn.ca Carrie-Lynne Sones Coordinator of Volunteers and Services Phone: 1-866-283-1931 ex.t 24 Email: csones@cssn.ca 19 10 -13 I- > Z z Z G) C D -I -I m m PBD-2016-58 Niagaraaalls November 22, 2016 C NAI)A REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-58 AM-2016-015, Official Plan and Zoning By-law Amendment Application 7000 Montrose Road Applicant: Look Revolution Inc. Agent: Ken Dakin, RPP Proposal: Proposed Retirement Home RECOMMENDATION That Council approve the Official Plan and Zoning By-law amendment application to add a Special Policy Area designation to the lands and to rezone them a site specific General Commercial (GC) zone to permit a 6 storey retirement home with 150 living units, subject to a holding (H) provision prohibiting the development until a Record of Site Condition is filed with the Ministry of Environment and the City has been notified that any necessary financial contributions to the QEW/McLeod Road interchange improvements have been made. EXECUTIVE SUMMARY Look Revolution Inc. has submitted an Official Plan and Zoning By-law amendment application for the southerly 9089 square metres of the property known as 7000 Montrose Road. The applicant is proposing to construct a 6 storey retirement home with 150 living units. The lands are designated Major Commercial in the City's Official Plan. The Plan allows a maximum density of 100 units per hectare, however, the retirement home is proposed at a density of 167 units per hectare. A Special Policy Area designation is requested to be added to the lands to allow the proposed density. The lands are zoned General Commercial (GC-913(H)), in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2010-133. A site specific General Commercial (GC) zone is requested to be added to the lands which would allow a retirement home subject to site specific lot area, rear yard depth, interior side yard width, building height, landscaped open space and loading area requirements. The amendments are recommended for the following reasons: The retirement home will assist the City in meeting its intensification targets set by the Province for the built-up area; The Official Plan allows excess commercial lands to be considered for medium and high density apartments. Retirement homes are a similar land use; The Official Plan allows 6 storey apartments to be considered along arterial roads up to a density of 100 units per hectare; 2 PBD-2016-58 November 22, 2016 Montrose Road is an arterial road. The six storey retirement home, with a density of 167 units per hectare, has a built-form that is similar to an apartment building designed at a density of 100 units per hectare; The applicant has demonstrated through appropriate studies that the project will be compatible with industrial uses located to the east; The existing and planned infrastructure can support the proposed development; The retirement home is not expected to generate significant traffic or hinder commercial traffic patterns and is located on a transit route; The proposal meets the design guidelines outlined in the City's Official Plan which encourages buildings to be located closer to the street and parking areas to be located in the rear and interior yard; and The requested zoning regulations are appropriate for the site's location which is separated from industrial lands, across from a commercial plaza and lands zoned for apartment buildings, and next to the McBain Community Centre. The amending by-law should include Holding (H) provisions prohibiting the development of the lands until a Record of Site Condition is filed with the Ministry of Environment and the City has been notified that any necessary financial contributions to the QEW/McLeod Road interchange improvements have been made. The applicant will be submitting a future severance application to separate the site from the balance of property. BACKGROUND Proposal The applicant has requested an Official Plan and a Zoning By-law amendment for the southerly 9089 square metres (2.2 acres) of the property known as 7000 Montrose Road, shown on Schedule 1. The amendments are requested to permit the construction of a 6 storey, 150 living unit retirement home on the lands. Schedule 2 shows details of the proposal. The lands are designated Major Commercial in the City's Official Plan. The Official Plan allows excess commercial lands to be developed for medium and high density residential use; however the maximum density that can be considered in this location is 100 units per hectare. The applicant is requesting a Special Policy Area designation be applied to the lands to permit the retirement home with a density of up to 167 units per hectare. The lands are zoned General Commercial (GC-913(H)) in accordance with Zoning By- law No. 79-200, as amended by By-law No. 2010-133. The site specific GC-913 zone does not permit a retirement home. The lands are requested to be rezoned to General Commercial with site specific regulations to permit a retirement home subject to site 3 PBD-2016-58 November 22, 2016 specific lot area, rear yard depth, interior side yard width, building height, landscaped open space and loading area requirements. Site Conditions and Surrounding Land Uses The subject lands are a brownfield and currently vacant. Lands to the north of the subject site are zoned for the construction of a medical building. The McBain Community Centre is located south of the subject lands. A strip of City owned lands abuts the subject lands to the east followed by industrial uses along Kinsmen Court. To the west are two vacant parcels that are zoned for residential use. The commercial plaza containing Lowes and other retail stores is also located west of subject lands. Studies The applicant has submitted a Planning Justification Report, Noise Feasibility Study, Air Quality Study, Functional Servicing Report and Phase 1 and 2 Environmental Site Assessment Reports along with the Official Plan and Zoning By-law amendment applications. Circulation Comments Information regarding the requested Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The proposal will assist the City in meeting its intensification target and will provide housing opportunities for seniors. The Noise Feasibility Study prepared by HCG Engineering Limited concluded that the dominant source of noise is the road traffic from the QEW and Montrose Road and will exceed the Ministry of Environment and Climate Change (MOECC) guidelines (NPC-300). The report recommends mitigation measures, which includes constructing the building such that it complies with the minimum OBC requirements to provide sufficient acoustical insulation for the indoor spaces and the inclusion of a warning clause in the offer of future tenancy agreements. The wording for the clause will be provided at the site plan stage. The Air Quality Study, prepared by BCX Engineering noted that as there are no large (Class III) industrial facilities within a 1000 metre radius, a detailed inspection was limited to a 300 metre radius and also included vacant properties. The report concluded there are no impacts from the existing industrial uses. 4 PBD-2016-58 November 22, 2016 Phase 1 and 2 Environmental Site Assessments identified that site remediation will be required prior to filing a Record of Site Condition (RSC). Regional staff recommends a Holding provision be included in the amending zoning by-law to ensure its completion prior to development. As the lands are a brownfield, the development will be eligible to receive an exemption of 50% of the applicable Regional Development charges through the Development Charges Reduction Program. The development is also eligible for a refund of the remaining 50% under this program if the site design complies with Smart Growth Design Criteria. • Ministry of Transportation — The applicant is required to submit a detailed stormwater management report at the site plan stage. • Municipal Works/ Parks Design No objections. The subject lands may be serviced from Kinsmen Court. If so the applicant will require an easement for the servicing connections across City owned lands. Further, as the subject lands will be subject to future severance applications, both parcels must be serviced independently. • Transportation Services, Building Services and Fire Services No objections. Ontario Building Code matters and fire safety can be addressed at the site plan stage. • Legal Services No objections to the rezoning. Neighbourhood Open House A neighbourhood open house was held on October 27, 2016. No area property owners attended the meeting. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built-up area. The proposed retirement home would assist the City in meeting its intensification targets and would provide an additional housing choice for seniors. 5 PBD-2016-58 November 22, 2016 2. Official Plan The lands are designated Major Commercial in the City's Official Plan and are subject to Special Policy Area No. 63. The Special Policy Area No. 63 adds site specific policies that permit a Holding (H) symbol to be added to the zoning of the subject property to provide for contributions to fund the QEW/McLeod Road interchange improvements. The holding provision can only be lifted from the lands after the landowner has provided their proportionate share for the Road improvements. The Official Plan allows commercially designated lands which are in excess of demand to be considered for medium and high density apartments, subject to a number of tests. By virtue of this application the subject lands are in excess of City demands for commercial lands. Apartment buildings along arterial roads may be considered up to 6 storeys and a density of 75-100 units per hectare. A Special Policy Area designation is requested to be applied to the lands to permit the retirement home with a density of up to 167 units per hectare. The proposed development complies with the Official Plan as follows: - The higher density can be supported as it is typical of contemporary retirement homes, given the small room sizes. Further, the built-form of the project is similar to an apartment building with 100 units. - The applicant has demonstrated that the existing industrial development located on Kinsmen Court will have no adverse impact on the proposed retirement home. The noise feasibility study indicates that noise from these sources will have no impact on the proposed development. The noise from the QEW and traffic on Montrose Road can be mitigated by the building design. - The proposed development is located on Montrose Road which is an arterial road and a transit route. The proposed development is not expected to generate significant traffic. Additionally, the existing and planned infrastructure can accommodate the proposed development. - As the building is proposed to be located near the front of the property the required parking will be available in the interior and rear yard in keeping with the City's design guidelines. - The project is designed to engage Montrose Road with a pedestrian connection to the building and a landscaped yard. - The design guidelines in the Official Plan require apartment buildings with heights of 6 storeys to provide rear yard setbacks equal to the building height. The proposed building is 25 metres in height and provides a rear yard setback of 29.3 metres, which complies with the guidelines. 6 PBD-2016-58 November 22, 2016 3. Zoning By-law The lands are currently zoned General Commercial (GC-913(H)) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2010-133. A new site specific General Commercial (GC) zone is requested to be applied to the lands to add a retirement home to the list of permitted uses. In addition the following regulations are requested to be changed: ZONE REGULATION EXISTING PROPOSED REGULATION REGULATION Minimum lot area None 0.9 hectares Maximum number of living units None 150 Minimum lot frontage (Montrose Road) 60 m 81.9 m Minimum front yard depth 6 m 7.5 m Minimum interior side yard width (northerly) None 8.7 m Minimum interior side yard width (southerly) None 6 m Minimum rear yard depth 10 m 24.4 m for one storey portion and 29.3 for 5 storey portion Maximum building height 12 m 25m Maximum lot coverage 70% 25.9% Minimum number of parking spaces 90 (0.6 parking 90 space per unit) Loading area requirements 2 loading areas 1 Minimum landscaped open space 6 metres along 7.5 metres the front property along the front line property line The current GC-913 (H) zoning of the subject lands would permit the development of a commercial or a mixed use building of up to 4 storeys in height within 6 metres of the front property line, within 10 metres of the rear lot line and zero (0) metres of the side lot lines. The proposed zoning by-law amendment can be supported for the following reasons: - The proposed 6 metre side yard setback along the southerly property line is sufficient as it abuts the McBain Community Centre, more specifically the skate park, parking area and landscaped area. - The proposed front yard setback of 7.5 metres is consistent with the requirement for the future residential development on the west side of Montrose Road. Further, the location of the building will result in the parking area being located in the interior and rear yard which is consistent with the City's design principles. 7 PBD-2016-58 November 22, 2016 The building height of 25 metres is in line with the apartment building approved on the west side on Montrose Road. Further, the proposed building steps down a storey towards the industrial area to the east. The rear yard setback of 24 metres is twice the typical rear yard setback requirement for an apartment building. Further, the rear yard setback provides sufficient setback from the industrial uses existing on the east side of Kinsmen Court. The proposed lot coverage is in keeping with City standards for an apartment building. The reduction in the loading area requirement can be supported as retirement homes and apartment buildings typically do not require two loading areas. To ensure lands are suitable for sensitive land uses, Provincial policies require a Record of Site Condition to be filed on the Ministry of Environment's Brownfields Environmental Site Registry before a development takes place on a former brownfield site. Until this is completed, staff recommends a holding (H) symbol be included in the amending zoning by-law. Further, a holding provision will also be included to ensure the developer makes any necessary financial contributions towards the QEW/McLeod Road interchange improvements. 4. Site Plan Control The proposed development will be subject to Site Plan Control and address the issues regarding landscaping and buffering. The applicant will be submitting a future severance application to sever the subject site from the balance of 7000 Montrose Road. CITY'S STRATEGIC INITIATIVE The application does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: Alex -rlovi h, Dir: tor of Planning, Building & Development I, Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2016\PBD-2016-58,AM-2016-015, Look Revolution Inc.,Zoning By-law Amendment.docx 8 PBD-2016-58 November 22, 2016 SCHEDULE 1 tn •G i- I� � Il11 I =��d'- - �,I ! — _ ,, 1 ' MARPIN CT_. 1:4706 ppD6-i, `,t 1 _ 0 1 ' I _- , - Ti � � � I _ oci - _ ...L ii , I I , I Q o .. ZaC: LA. a ; _ _ 3 z e"-- _ _— — 0 __ _. - Rfl p�CLEOD D t SG MG�E8° f MGL'ED hi) i�it;1E813 u -- - z a.. 9 PBD-2016-58 November 22, 2016 SCHEDULE 2 illi � 'i't ` _ " __.:_a'� t.- s a... �- - �� _Iql i1C{y N a .s c € i • = 7.: = 'z - j . :''_ 1 :!;{F,! v - _ --14, c , ' E,.L Imo_ yS 4 S i 3 t5 S> 1 ik 2;P;t Il , < b z° „�F51e e� ss q c I•Y sasp' 2i} _ 'ff2_ _.- - I�_ _. 5, I '"-; I Lam$: ia19�' 1 i_ I, sc_ I E i _ Z # a ;I z 1 o 7% J • • a-,tr 1\. csr J • A �i 1y�,. _ w i tom { c 1 • c \!j'-,'' 41 ; I / 1 i 6 C� GS S €.. ri. _ „ 3SON1NOw--__ m v 0 U) CD-2016-02 Niagaraaalls November 22, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2016-02 2017 Council Schedule RECOMMENDATION That Council approve the proposed 2017 schedule. EXECUTIVE SUMMARY A proposed 2017 Council schedule is submitted for Council's consideration. Staff is proposing a similar schedule to 2016, in which Council maintain a bi-weekly meetings until the end of April, to ensure that all budgets are approved in a timely fashion. After April, a monthly schedule is proposed. Public meetings under the Planning Act will be scheduled for 7:00 p.m., during the budget months and 6:30 p.m. when the monthly schedule commences. BACKGROUND Rule 2 of the Standing Rules of Council (By-law 89-155) state that " ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by-law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. Subject to Council's input, the by-law approving the schedule will be brought forward at the final meeting of 2016. ANALYSIS/RATIONALE Council approved report CD-2015-10, which introduced a bi-weekly schedule of meetings early in the calendar year, to ensure timely approval of municipal budgets, followed by a monthly schedule for the remainder of 2016. Despite the decrease in the number of Council meetings, in the second half of the year, the meetings have not been appreciably longer. The average 2016 Council meeting concluded by approximately 8:30 p.m. 2 CD-2016-02 November 22, 2016 As a result, staff is proposing a similar schedule for 2017. Bi-weekly Council meetings will occur until the end of April, with monthly meetings from May until the end of the calendar year. To ensure live Cogeco coverage, meetings are scheduled on second and/or fourth Tuesdays of the month. On a few occasions in 2015, Council was required to take a recess when it had completed the agenda business prior to the statutorily scheduled public meetings under the Planning Act at 7:00 p.m. For 2016, the public meetings were scheduled for 7:00 p.m. during the budget cycle and then scheduled for 6:30 p.m. when Council went to a monthly schedule. Deputations and presentations were flexibly scheduled depending on the nature of business on the agenda. There was no need for any recesses in 2016, therefore, staff is proposing similar times for the statutory public meetings in 2017. Council is also reminded that special meetings can always be called, if need be. This past year saw one such special meeting. . LIST OF ATTACHMENTS • Meeting adjournment times for 2016. • Proposed 2017 schedule. Recommended by: 2f D an lorfida, Ci Cle Respectfully submitted: "/) p Y1-/(}4j Ken Todd, Chief Administrative Officer 2016 Council Meetings* January 12 — Cancelled January —26 8:00 p.m. February 9 — 8:15 p.m. February 23 — 8:50 p.m. March 8 — 8: 20 p.m. March 22 — 7:45 p.m. April 12 — 9:30 p.m. April 26 — 8:50 p.m. May 12 — 9:00 p.m. June 14 — 8: 45 p.m. July 12 — 10:00 p.m. August 23 — 9:00 p.m. September 27 — 7:40 p.m. October 25 — 9:55 p.m. *Does not include the September 2nd Special meeting, which lasted 25 minutes. 2017 Council Meetings January 24 February 14 February 28 March 28 April 11 April 25 May 9 June 13 July 11 August 22 September 26 October 24 November 28 December 12 January 2017 January 2017 su Mo Tu We Th Fr February 2017 Sa Su Ma Tu We Th Fr Sa 1 2 3 4 s 6 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 - 7 1 14 5 6 7 8 21 12 13 14 15 28 -19 20 21 22 - 26 27 28 2 3 4 9 10 11 16 17 18 23 24 25 Jan 29 - Feb 4 Jan 22-28 Jan 15 - 21 Jan 8 - 14 Jan 1-7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 1, 17 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5:00pm Council Meet 29 30 31 Feb 1 2 3 4 ScheduleCouncil 1 11/02/2016 12:01 PM February 201/7 - - - - February 2017 Su Mo Tu We Th Fr March 2017 Sa Su Mo Tu We Th Fr Sa 1 2 3 5 6 7 8 9 10 12 -13 "14 15 16 17 19 20 21 22 23 24 26 :27 28 4 1 11 5 6 7 8 18 12 13 14 15 ,25 19 20 21 22 - - 26 27 28 .29 2 3 4 9 10 11 16 17 18 -23 24 25 30 31 Sunday Monday Tuesday Wednesday Thursday Friday Saturday N H H Vt r.- {D N W 7 N CO 30 31 Feb 1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 5:00pm Council Meet 20 21 22 23 24 25 Family Day 27 28 Mar 1 2 3 4 5:00pm Council Meet cneaulecounci 1 11/02/2016 12:08 PM March 2 17 - - - March 2017 5u Mo Tu We Th Fr April 2017 Sa Su Mo Tu We Th Fr Sa 1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 31 4 11 2 3 4 5 18 9 10 11 12 25 16 17 18 19 23 24 25 26 30 1 6 7 8 13 14 15 20 21 22 27 28 29 IMar 26 - Apr 1 Mar 19-25 Mar 12-18 Mar 5-11 Feb 26 - Mar 4 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 26 27 28 Mar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 March Break 19 20 21 22 23 24 25 26 27 28 29 30 31 Aprl 5:00pm Council Meet ScheduleCouncil 1 11/02/2016 12:05 PM April 20 rr 7 L 1 - - - April 2017 Su Me Tu We Yu Fr May 2017 Sa Su Mo Tu We Th Fr Sa 2 3 4 5 6 7 9 10 .11 12 13 11 16 17 18 19 20 21 23 24 25 26 27 28 30 1 2 3 4 5 6 8 7 8 9 10 11 12 13 15 _14 15 16 17 18 19 20 22 - 21 22 23 24 25 26 27 29 28 -29 30 31 Sunday Monday Tuesday Wednesday Thursday Friday Saturday W N N t9 '-t N 27 128 29 30 31 Apr 1 3 4 5 6 7 8 10 11 12 13 14 15 5:00pm Council Meet Good Friday 17 18 19 20 21 22 Easter Monday 24 25 26 27 28 29 5:00pm Council Meet May 1 2 3 4 5 6 cneaulecounc 1 11/02/2016 12:05 PM 017 May 2017 - - Su May 2017 Mo Tu We Th - -Fr June 2017 Sa Su Mn Tu We Th Fr 9a 7 14 21 28 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 -30 31 E 13 4 S 6 7 20 11 12 13 14 27 18 19 20 21 - 25 26 27 28 1 2 3 8 9 10 15 16 17 22 23 24 29 30 May 28 - Jun 3 May 21-27 May 14-20 May 7-13 Apr 30 - May 6 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Apr 30 May 1 2 3 4 5 6 7 8 9 10 11 12 13 5:00pm Council Meet 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Victoria Day 28 29 30 31 Jun 1 2 3 ScheduleCouncil 1 11/02/2016 12:05 PM June 2017 Su June 2017 Mo m We Th Fr July 2017 Sa Su Mo Tu We Th Fr Sa .4 11 18 25 1 2 5 6 7 8 9 12 13 '.14 15 16 19 20 21 22 23 26 27 ' 28 29 :30 3 10 2 3 4 5 17 9 10 11 12 24 16 17 1B 19 23 24 25 26 30 31 1 6 7 8 13 14 15 20 21 22 27 28 29 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Co 29 30 31 Jun 1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 5:00pm Council Meet 19 20 21 22 23 24 26 27 28 29 30 Jul 1 cneauleLouncl 1 11/02/2016 12:06 PM 1� 7 7 July 20 1 / Su Mo Tu July 2017 We Th Fr August 2017 Sa Su Mo Tu We Th Fr Sa 4- 3 4 5-.6 7 9 _ 10 11 12 13 14 16 17 -.lE 19 20 21 23 -24 25 26 27 28 30 31 8 -6 7 B 9 15 13 14 15 16 '22 20 21 ,22 23 29 -. 27 28 -29 30 10 11 12 17 18 19 24 25 _26 31 7/30 - 8/4 7/23 - 28 7/16 - 21 7/9 - 14 7/2 - 7 6/25 - 30 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jun 25 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 5:00pm Council Meet 16 17 18 19 20 21 22 23 124 25 26 27 28 29 30 31 Aug 1 2 3 4 5 ScheduleCouncil 1 11/02/2016 12:06 PM Au �� ^ 0 y� 1 1 August 2017 Su Mo Tu We Th Fr Sa September 2017 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 4 5 6 10 11 12 13 17 18 19 20 24 25 26 27 1 2 7 8 9 14 15 16 21 22 23 28.29 30 Aug 27 - Sep 2 Aug 20 - 26 Aug 13 - 19 Aug 6 - 12 Jul 30 - Aug 5 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jul 30 31 Aug 1 2 3 4 5 6 7 8 9 10 11 12 Civic Holiday 13 14 15 16 17 18 19 A_M_O. Conference; Ottawa 20 21 22 23 24 25 26 S:00pm Council Meet 27 28 29 30 31 Sep 1 2 ScheduleCouncil 1 11/02/2016 12:06 PM September 2017 _..- September 2017 su Mo Tu We Th Fr Sa October 2017 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - 19 20 21 '.22 23 24 25 26 27 28 29 30 1 2 3 4 8 9 10 11 15 16 17 18 22 23 24 : 25 29 30 31 5 6 7 12 13 14 19 20 21 26 27 28 Sep 24 - 30 Sep 17-23 Sep 10 - 16 Sep 3 - 9 Aug 27 - Sep 2 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Aug 27 28 29 130 31 Sep 1 2 3 4 5 6 7 8 9 Labour Day 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5:00pm Council Meet ScheduleCouncil 1 11/02/2016 12:06 PM October 2017 October 2017 November 2017 su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 7 1 14 5 6 7 8 21 12 13 14 15 28 19 20 21 22 - 26 27 28 - 29 2 3 4 9 10 11 16 17 18 23 24 25 30 Oct 29 - Nov 4 Oct 22-28 Oct 15 - 21 Oct 8 - 14 Oct 1 - 7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Thanksgiving 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5:00pm Council Meet 29 30 31 Nov 1 2 3 4 cneouieLounc 1 11/02/2016 12:07 PM November 2017 November 2017 Su Mo Tu We Th Fr Sa December 2017 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 4 5 6 10 11 12 13 17 18 _9 20 '.24 25 26 27 31 1 2 7 8 9 14 15 16 21 22 23 28 29 30 Nov 26 - Dec 2 Nov 19-25 Nov 12-18 Nov 5 - 11 Oct 29 - Nov 4 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 29 30 31 Nov 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Dec 1 2 5:00pm Council Meet ScheduleCouncil 1 11/02/2016 12:07 PM December 2017 December2017 Su Mo Tu We Th Fr Sa January 2018 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 -8 9 10 11 12 13 14 15 16 17 18 - 19 20 21 22 23 21 25 26 '27 28 29 30 31 1 2 3 7 8 9 10 14 IS 16 17 - 21 22 23 24 28 29 30 31 4 5 6 11 12 13 18 19 2C 25 26 27 12/31 - 1/5 12/24 - 29 12/17 - 22 12/10 - 15 12/3 - 8 11/26 - 12/1 1 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Nov 26 27 28 29 30 Dec 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5:00pm Council Meet 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Jan 1, 18 2 3 4 5 6 ScheduleCouncil 1 11/02/2016 12:07 PM CD-2016-03 Niagaraalls November 22, 2016 C.A A'AUA REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Clerks Department SUBJECT: CD-2016-03 Integrity Commissioner RECOMMENDATION In anticipation of legislative changes, Staff be directed to prepare a Code of Conduct for Council members and report back on the hiring of an Integrity Commissioner. EXECUTIVE SUMMARY An Integrity Commissioner is a public accountability officer, which a municipality may appoint. The Integrity Commissioner would be independent and would, primarily, investigate complaints of council member conduct based on the rules outlined in an approved Code of Conduct. Although not currently mandatory, it has been intimated that future amendments to the Municipal Act will require municipal councils to appoint such a position. In addition, the Ontario Ombudsman is recommending all municipalities have a Code of Conduct in place and hire an Integrity Commissioner. BACKGROUND In 2006, the Municipal Statute Law Amendment Act, 2006 (Bill 130), amended the Municipal Act to give municipalities the authority to appoint various accountability officers. One of the possible accountability officers, an Integrity Commissioner, reports to Council, in an independent manner, on the application of Code of Conduct and other procedures, rules and policies governing ethical behaviour for members of councils and local boards. In 2014, the Public Sector and MPP Accountability and Transparency Act (Bill 8) was passed. As of January 1, 2016, the Ontario Ombudsman was given expanded jurisdiction over municipalities, in addition to being the de facto Closed Meeting Investigator, if a municipality did not hire their own investigator. In the first three months of the increased oversight, the Ombudsman's Office received 266 complaints. The majority of the complaints were related to Councillor or committee member conduct. In these cases, the Ombudsman's Office will not intercede but has recommended municipalities adopt a Code of Conduct and hire an Integrity Commissioner. 2 CD-2016-03 November 22, 2016 ANALYSIS/RATIONALE Unlike other accountability officers such as a Closed Meeting Investigator and Municipal Ombudsman, failure to appoint an Integrity Commissioner does not default to the Provincial Ombudsman. A municipality is not required to have an Integrity Commissioner. Nonetheless, since January 1st, the Ombudsman's office has fielded numerous complaints regarding Councillor conduct throughout the Province, including three (3) such complaints in this municipality. The Ombudsman's office has recommended that all municipalities adopt a Code of Conduct and appoint an Integrity Commissioner. In addition, staff discussions with Ministry of Municipal Affairs' officials indicate that future amendments to the Municipal Act will likely make the requirement of an Integrity Commissioner mandatory. An Integrity Commissioner reports directly to Council and is responsible for performing in an independent manner investigations regarding application of the municipality's Code of Conduct and other procedures, rules and policies governing ethical behaviour for members of councils and local boards. Section 223,4 (5) of the Municipal Act limits the penalties that may be imposed by the Integrity Commissioner to a reprimand and suspension of pay for a period of up to ninety (90) days. Some limited remedial measures may also be outlined in a Code of Conduct, such as an apology or return of municipal property, if improperly used. In other municipalities, the Integrity Commissioner may also be expected to provide ethical advice to Councillors and deliver an annual report on their activities. Codes of Conduct form the basis of an Integrity Commissioner review. Codes address a broad range of issues, including how to handle gifts and benefits, proper use of municipal resources, proper conduct at council meetings and how to behave when acting on behalf of the municipality. The City of Niagara Falls has an approved Code of Ethics (cf. HR-2012-03). The Code of Ethics has some references to elected officials related to conduct, use of position, receipt of gifts and adherence to the provisions of the Municipal Conflict of Interest Act. Nonetheless, it would be appropriate for staff to review best practices from other municipalities and develop a Councillor-specific Code of Conduct. A Complaint Process and related forms would also need to be developed. The Area Clerks have been in discussions regarding a collective approach toward the Integrity Commissioner, similar to the efforts on the Compliance Audit Committee process. The majority of Niagara municipalities either do not have an Integrity Commissioner or have a vacancy related to the position. The City of St. Catharines, because of a more pressing need for an Integrity Commissioner, recently appointed one. As part of their Request for Proposal process, the proponents were advised of the possibility that other Niagara municipalities may be interested in using the successful 3 CD-2016-03 November 22, 2016 proponent. If that is not a possible, a Request for Proposal would be issued if the decision is to pursue an Integrity Commissioner. FINANCIAL/STAFFING/LEGAL IMPLICATIONS An Integrity Commissioner, although not currently mandatory, is permitted under the Municipal Act. Penalties that may be imposed for a breach under a Code of Conduct, are limited to a reprimand and a suspension of pay, of up to ninety (90) days. A future report will deal with the financial implications of hiring an Integrity Commissioner. The common financial arrangement in other jurisdictions has been an hourly rate, sometimes coupled with an annual retainer. A collective approach with other Niagara area municipalities may allow for some sharing of costs on any annual retainer. CITY'S STRATEGIC COMMITMENT Organizational Effectiveness and Efficiency: ensuring that government structures are appropriate, effective and accountable to the citizens. LIST OF ATTACHMENTS • Letter from Ombudman's Office • Code of Ethics Recommended by: Pegx-A-- Dean lorfida, City lerk Respectfully submitted: ivef-1-1/A.k Ken Todd, Chief Administrative Officer HR-2012-03 Niagaraaalls May 8, 2012 REPORT TO: Mayor James M. Diodati The recommendation(s) and Members of the Municipal Council contained in this report were P adopted by City Council City of Niagara Falls Ontario SUBMITTED BY: Human Resources SUBJECT: HR-2012-03 Code of Ethics RECOMMENDATION That Council approve the attached Code of Ethics (Conflict of Interest) Corporate Policy. EXECUTIVE SUMMARY In the 2011 - 2014 Strategic Priorities, Council and Senior Staff identified eight specific priorities for focus. The Strategic Priorities are intended to help move our community successfully into the future by identifying key areas of focus and outlining activities for building strength in each of these areas. In addition, the Strategic Priorities are also a tool for decision making and will enhance organizational effectiveness and demonstrate accountability to the community. One of the eight priorities identified was Customer Service Excellence. Within this area of focus, Council and Senior Staff identified the need to develop a Code of Ethics Corporate Policy, as it would assist with committing to a values-based corporate culture. CITY'S STRATEGIC COMMITMENT Over the course of the last year, staff have placed a significant amount of time and effort on Customer Service Excellence. Some of the projects completed to date have included the development of Corporate Values,Corporate Customer Service Excellence Standards, and the facilitation of corporate-wide training of all full time staff on customer service excellence. Approving the recommendation of the attached Code of Ethics Policy would be consistent with the Corporation's strategic priority to committing to a values-based corporate culture. ANALYSIS/RATIONALE Implementation of the Code of Ethics Corporate Policy will ensure that the Corporation, Elected Officials, Senior Staff and all employees conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the organization. Further, it will also demonstrate the City's commitment to a values-based corporate culture, A May 8, 2012 -2- HR-2012-03 and ensure that personal interests do not conflict with the interests of the City. Recommended by: Trent Dark, Director an Resources LtAi4Af Approved by: Ken Tod Chief Administrative Officer TD A HUMAN RESOURCES DEPARTMENT SUBJECT Code of Ethics/Conduct Policy# (Conflict of Interest) NiagaraFalls 400.42 CORPORATE ISSUE DATE April 2012 Revision Date: POLICY 1. POLICY STATEMENT Employees of the City of Niagara Falls are expected to conduct themselves with personal integrity. ethics,honesty and diligence in performing their duties for the organization. Employees are required to support and advance the interests of the organization and avoid placing themselves in situations where their personal interests actually or potentially conflict with the interests of the City. The City of Niagara Falls is committed to conducting business in an open and ethical manner. We accomplish this by creating a workplace built on the core values of accountability, leadership, teamwork and respect in all our business practices. It is the responsibility of every employee to build and maintain this code of ethics by supporting, and actively participating in the process. 2. APPLICATION This policy applies to all City of Niagara Falls employees, including but not limited to regular, temporary and contract employees, and to volunteers, students and interns (collectively called `'Employees"), as well as elected officials. This Policy is intended to supplement any other requirements imposed by applicable legislation, standards of professional practice, or any other requirements imposed by relevant City entities or departments. The standards outlined in this policy are also particularly relevant to employees or elected officials who are in a position to make or influence decisions of the organization. 3. RESPONSIBILITIES & EXPECTATIONS 3.1 Elected Officials - All elected officials are expected to work together to promote a workplace built on our core values of accountability, leadership, teamwork and respect. -Elected Officials are expected to set a prime example. In all their business dealings, honesty and integrity shall be required. - In accordance with the Municipal Conflict of Interest Act (R.S.O. 1990, Chapter M.50), City Councillors must report any conflicts of interest regarding their position at the City of Niagara Falls. - And, they must report any suspected violations. 3.2 Senior Management - All senior management staff are expected to work together to promote a workplace built on our core values of accountability, leadership, teamwork and respect. -Senior Staff are also expected to set a prime example . In all their business dealings, honesty and integrity shall be required. -Shall have an open door policy allowing for the free discussion of suggestions and concerns from employees. - Must report any conflicts of interest regarding their position at the City of Niagara Falls. - Must report any suspected violations. Page I of 5 HUMAN RESOURCES DEPARTMENT SUBJECT Code of Ethics/Conduct Policy# (Conflict of Interest) Niagara nils 400.42 CORPORATE ISSUE DATE April 2012 Revision Date: POLICY 3.2 Managers & Employees - All employees are expected to work together to promote a workplace built on our core values of accountability, leadership, teamwork and respect. - Disclose any conflicts of interest regarding their position at the City of Niagara Falls. - Report suspected violations. *Retaliation against employees who use these reporting mechanisms to raise genuine concerns will not be tolerated. 4. DEFINITIONS 4.1 Conflict of Interest A conflict of interest refers to a situation in which private interests or personal considerations may affect one's judgement in acting in the best interest of the City of Niagara Falls. It includes using one's position, confidential information, corporate materials or facilities for private gain or advancement or the expectation of private gain or advancement. A conflict may occur when an interest benefits any member of the employee's family, friends or business associates. 4.2 Code of Ethics A written set of guidelines issued by an organization to its workers and management to help them conduct their actions in accordance with its primary values and ethical standards. 5. EXAMPLES OF CONFLICTS OF INTEREST The following examples and rules that follow, do not exhaust the possibilities for conflicts of interest. However, they do identify obvious situations covered by the policy. 5.1 Special Treatment Employees and officials are not allowed to use their positions to give anyone special treatment that would advance their own interests or that of any member of the employee's family, their friends or business associates. 5.2 Receiving Fee's or Gifts Employees and officials may not accept gifts, money, discounts or favours including a benefit to family members, friends or business associates for doing work that the city pays them to do. However,it is important to note there are some exceptions when promotional gifts of nominal value may be received. Such examples include the following: sponsored corporate events,meetings which may take place over lunch, dinner or a golf game, donations to a corporate function etc). Staff are directed to report any potential conflict of interest, or attempt to create bias, or offer of a gift with a significant monetary value that occurs in the performance of their regular job duties, or while off-duty, but acting as a representative of the organization. If such occurrences take place, Page 2 of 5 HUMAN RESOURCES DEPARTMENT SUBJECT Code of Ethics/Conduct Policy# ___.dio:;rryy—t (Conflict of Interest) N iagaraJalls 400.42 CORPORATE ISSUE DATE April 2012 Revision Date: POLICY employees must document and report the occurrence to the Director of Human Resources. 5.3 Outside Work or Business Activities Employees may not engage in any outside work or business activity: (a) that conflict with their duties as city employees; (b) which use their knowledge of confidential plans, projects or information about holdings of the corporation; and (c) that will, or is likely to, negatively influence or affect them in carrying out their duties as city employees. 5.4 Using City Property Employees may not use, or permit the use of, items of city property, facilities, equipment, supplies or other resources for activities not associated with their work. Any exceptions to this must be expressly approved by the Departmental Director and or Chief Administrative Officer. 5.5 Confidential Information Employees may not disclose confidential or privileged information about the property,or affairs of the organization,or use confidential information to advance personal or others'interests. Employees cannot divulge confidential or privileged information about the city's employees without those employees' written authorisation. NOTE (Confidential Information) The rule against giving out confidential information does not apply to an employee who alleges wrongdoing on the part of the city or its Council members,officers,employees,agents or contractors -as long as the disclosure of such information is not frivolous,vexatious or slanderous-and making the disclosure serves the public interest and is made in accordance with the provisions of this policy. This reporting of wrongdoing is known as whistle-blowing. 5.6 Financial Interest Employees who knowingly have financial interests in a city contract, sale or other business transaction, or have family members, friends or business associates with such interests, must not represent or advise the organization in such transactions. 6.GUIDELINES FOR MANAGEMENT & PROFESSIONAL STAFF Some positions in the organization are more susceptible than others to conflicts of interest. The following two sections are specifically for elected officials and executives,directors, managers and employees who give professional advice or assistance,or who work on program policies or budgets. These sections also refer to employees in confidential positions working with the above mentioned staff. 6.1 Representation of Others Page 3 of 5 A HUMAN RESOURCES DEPARTMENT SUBJECT Code of Ethics/Conduct Policy# (Conflict of Interest) NirtgaraaIls 400.42 CORPORATE ISSUE DATE April 2012 Revision Date: POLICY Staff described in the paragraph above may not appear before Council or a city committee on behalf of a private citizen other than himself/herself, his/her spouse, his/her parents, or his/her minor children, where the employee is either paid, or is involved in any way in the issue/policy. 6.2 Appointments Staff who seek positions or appointments to a committee or board (except in the capacity of a city employee, or staff liaison to a Committee of Council), will require permission from their Departmental Director or designate before accepting appointments to a municipal, provincial or federal commission(s), boards and or committees. Staff who hold positions as board members on community agencies that deal with issues related to their work at the city should inform their departmental director and manager of their appointments. When agency issues arise that place them in actual or potential conflict with city policy or procedures, they should declare a conflict of interest with the Board and notify their departmental director of the conflict. 7. HOW TO REPORT A CONFLICT OF INTEREST When an employee reports a conflict of interest to his/her director/manager or Human Resources, it needs to he in writing. A copy of the report will be forwarded to the Director of Human Resources in writing, who will then forward the report to the City's Chief Administrative Officer(CAO). All records of workplace wrongdoing reports and subsequent investigations are considered confidential and will not be disclosed to anyone except to the extent required by law. The City of Niagara Falls will do everything it can to protect the privacy of the individuals involved and to ensure that the Complainant and the Respondent are treated fairly and respectfully. In addition, the City will protect this privacy so long as doing so remains consistent with the enforcement of this Policy and adherence to the law. This Policy encourages employees to freely express - in a responsible and orderly fashion - their thoughts, opinions, and feelings regarding workplace wrongdoing complaints. Retaliation by the Respondent, or anyone acting on behalf of the Respondent, against the Complainant is strictly prohibited and will result in appropriate disciplinary action up to and including termination. Retaliation by the Respondent, or anyone acting on behalf of the Respondent, against any witness providing information about a workplace wrongdoing report, is also strictly prohibited. Acts of retaliation include (but are not limited to) interference,coercion, threats, and restraint. This Code of Ethics Policy will not be used to bring fraudulent or malicious complaints against employees. Any complaint made in bad faith, if demonstrated as being such through convincing evidence, will result in disciplinary action being taken against the individual lodging the fraudulent or malicious complaint. Page 4 of 5 HUMAN RESOURCES DEPARTMENT SUBJECT Code of Ethics/Conduct Policy# (Conflict of Interest) Niagara,Falls 400.42 CORPORATE ISSUE DATE April 2012 Revision Date: POLICY S. FAILURE TO COMPLY WITH THE POLICY Employees who fail to comply with this policy are subject to disciplinary action up to and including termination. 9. IMPLEMENTATION Managers and supervisors must make the policy available to all employees and must discuss the entire policy with their employees and highlight any of the rules that have particular relevance,given the nature of the employees'work. Managers and supervisors who need assistance interpreting rules and how they apply to specific situation's should consult with their Departmental Director and or Human Resources. Serious consequences may result from the contravention of this policy. Employees should check with management if they need assistance in interpreting whether a situation they have experienced, or are confronting puts them in a conflict of interest situation. DATE OF APPROVAL March, 2012 Page 5 of 5 r } U Ls NCA 6 BY MAIL AND EMAIL Clerk Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 July 6, 2016 Dear Mr. lorfida, Re: Municipal Integrity Commissioner for Niagara Falls I am writing further to our phone conversation of June 2, 2016. As discussed, the Ontario Ombudsman received three complaints about the conduct of a councillor for the City of Niagara Falls. The complainants first raised their concerns to you and you advised that the city has a Code of Ethics, but currently has no Integrity Commissioner to enforce the Code. Authority of the Ombudsman The Ombudsman is an independent and impartial Officer of the Ontario legislature. As of January 1, 2016, the Ombudsman has the authority to conduct impartial reviews and investigations of complaints about the administrative conduct of municipalities, including municipal council, local boards and municipally-controlled corporations. The Ombudsman may make recommendations to address any concerns identified through this review. Elected municipal officials are generally responsible for setting broad public policy. The Ombudsman does not have the authority to direct municipal council decision- making or to require municipal councils to decide matters in a certain fashion. The Ombudsman's role with respect to municipalities is to review and investigate complaints about municipal government administration, including how local policies and procedures were applied and followed in the course of decision-making. When problems are identified, the Ombudsman may make recommendations to a municipality to improve its processes, as well as to strengthen local governance and accountability. Bell Trinity Square 483 Bay Street, 10th Floor, South Tower, Toronto, ON M5G 2C9 483, rue Boy, 10' etage, Tour sud, Toronto (Ontario) M5G 2C9 416-586-3300 416-586-3485 1.866-41 1.421 focebook.corn/OntarioOrnbudsmon h,vitter_corn/Ont Ombudsman youtube_com/OniarioOmbuc0man • The Ombudsman has broad discretion to decide whether or not to investigate a complaint. The Ombudsman Act sets out a number of factors that the Ombudsman may consider in deciding to whether or not to investigate. We are intended to be an office of last resort. This means that citizens are normally expected to first address complaints to existing complaints processes and appeal mechanisms before our Office will intervene. The Ombudsman actively encourages all municipalities to have strong and accessible complaints processes in place at the local level. Complaints procedures for Niagara Falls Our Office is not proceeding with a review of the three individual complaints received about a member of council for Niagara Falls. However, as we discussed, the Ombudsman strongly encourages all municipalities to adopt a code of conduct. Section 223.2 of the Municipal Act, 2001 authorizes a municipal council to establish a code of conduct for members of council and local boards. The Ombudsman also encourages municipalities to establish a mechanism for addressing complaints under the code of conduct, such as the appointment of a municipal Integrity Commissioner. The purpose and function of an Integrity Commissioner can go beyond investigating complaints and issuing sanctions. The City has the discretion to assign duties to an Integrity Commissioner with respect to carrying out their mandate (subsection 223.3(2)). Integrity Commissioners can review alleged breaches of a code of conduct, and can also provide advice to members of council regarding their obligations. Integrity Commissioners can also issue public reports. As we discussed, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) provides a custom search engine on its website that can be used to identify codes of conduct that may be helpful when developing or amending a code for the City. You told us that you are in the process of conducting research into codes of conduct and Integrity Commissioners with a view to bringing forward options to council. We understand that changes to the City's Code of Ethics and the decision to appoint a local Integrity Commissioner must come from council. As we discussed, we would appreciate receiving your updates as these matters proceed for Council's consideration. We would also be happy to meet with the City's administration or Council to provide additional information about the Ombudsman's role and function. Bell Trinity Square 483 Bay Street, 10th Floor, South Tower, Toronto, ON M5G 2C9 483, rue Bay, 10"etage, Tour sud, Toronto (Ontario) M50 209 416-586-3300 416-586-3485 1-866-411 42 1 1 facehook.com/OntarirOmbudsman Iwltter_corn%Ont_Ombudsman youti_ibe.com;Ontr nOmbudsmon a If you have any questions or concerns about this letter, please contact me at 416-586- 3405 or by email at hskelton@ombudsman.on.ca. Yours truly, J ��t Heather Skelton Early Resolutions Officer Office of the Ontario Ombudsman Bell Trinity Square 483 Bay Street, 10th Floor, South Tower, Toronto, ON MSG 2C9 483, rue Bay, 10=etage, Tour sad, Toronto (Ontario) MSG 2C9 416-586-3300 416-586-3485 1-866-4 i 1-421 1 racebaok.com/On`arioOmbudsmon hvitter.com/Ont Ombudsman yourube.comiOnrarioembudsman Dean Iorfida From: Ploss, Diane (MMA/MHO) <Diane.Ploss@ontario.ca> Sent: Wednesday, November 16, 2016 3:25 PM To: 'Amy Back; 'Carrie Sykes'; 'Cheryl Mortimer; 'Debbie Crowder; 'Denise Corry; 'Lori McDonald; 'Samantha Woods; 'Susan Boonstra; 'Tanya Calleja'; Matthew Gower; kayla.thibeault@gravenhurst.ca;jgunby@gbtownship.ca; 'Lamanna, Fernando'; 'Gillian Angus-Traill; 'Katherine Smyth; 'Nancy Cronsberry'; 'Kimberley Kitteringham'; 'Martha Pettit '; 'Brouwer, Andrew'; 'Lyons, Lisa'; 'Abrams, Jeffrey'; 'Kelly, Denis'; 'Raynor, Christopher; 'Michele Kennedy'; Gloria.collier@richmondhill.ca;John Espinosa; Barbara.McEwan@vaughan.ca; cturpin@markham.ca; pthoma@aurora.ca; donna.winborn@vaughan.ca; cfinnerty@newmarket.ca; ksaini@markham.ca; isabel.leung@townofws.ca; LLyons@aurora.ca; pthoma@aurora.ca; stephen.huycke@richmondhill.ca; VRhodes@markham.ca; ralph.walton@niagararegion.ca; Dean Iorfida; ashleygrigg@portcolborne.ca; bdunk@stcatharines.ca; clerk@thorold.com; tara.stephens@welland.ca; hsoady- easton@grimsby.ca; wkolasa@lincoln.ca; hdowd@notl.org; njbozzato@pelham.ca; carolynlangley@westlincoln.com; LBubanko@town.forterie.on.ca; ssmith@wainfleet.ca; nfiorentino@thorold.com; cbest@sympatico.ca; Karren Wallace (KWallace@wellington- north.com) Subject: FW: Ontario to Modernize Municipal Legislation FYI Diane Ploss I Municipal Advisor, Municipal Services Office - Central Ontario I Ministry of Municipal Affairs (MMA) I Ministry of Housing (MHO) 777 Bay Street, 13th Floor, Toronto, Ontario, M5G 2E5 Ph: 416.585.7037 Toll Free 1-800-668-0230 I diane.ploss(a@ontario.ca From: Ontario News [mailto:newsroom@ontario.ca] Sent: November-16-16 3:23 PM To: Ploss, Diane (MMA/MHO) Subject: Ontario to Modernize Municipal Legislation News Release Ontario to Modernize Municipal Legislation November 16, 2016 Changes to Help Municipal Rules Work Better for Communities Ontario introduced changes today to three key pieces of municipal legislation that would, if passed, help local governments be more open, flexible and accountable to the people they serve. The Municipal Act, the City of Toronto Act and the Municipal Conflict of Interest Act set out the roles, responsibilities and conflict of interest rules for Ontario's municipalities. If passed, these changes would benefit local governments and residents by: • Increasing fairness and reducing barriers for women and parents elected to municipal governments by allowing time off for pregnancy or parental leave • Empowering municipalities to address climate change in their communities through by-laws related to green construction in certain circumstances • Broadening municipal investment powers, which may help better finance repairs and replacements of local infrastructure • Improving access to justice for the public and for municipal councillors by allowing integrity commissioners to investigate complaints • Requiring municipalities to have a code of conduct for members of municipal councils and local boards These changes come as a result of public consultations as well as feedback from municipalities and stakeholders. Ontario is also strengthening democratic representation at the local level by proposing that the heads of most regional councils be elected to help ensure they are accountable to the voters they represent. This proposed change is part of Ontario's Building Ontario Up For Everyone Act, 2016. Supporting local governments is part of our plan to create jobs, grow our economy and help people in their everyday lives. QUICK FACTS • There are 444 municipalities in Ontario. • The government is required by legislation to review the Municipal Act and City of Toronto Act every five years. • Ontario reviewed the Municipal Act and City of Toronto Act at the same time, along with the Municipal Conflict of Interest Act, to address and incorporate broader themes of accountability and transparency into the review. • The province consulted on the potential changes between June and October 2015. BACKGROUND INFORMATION • Proposed Amendments to the Municipal Act, the City of Toronto Act and the Municipal Conflict of Interest Act 2 ADDITIONAL RESOURCES • Municipal Act • City of Toronto Act • Municipal Conflict of Interest Act QUOTES "Municipal governments provide essential services to the people of our province. The changes we are proposing will help strengthen local governments and enhance their ability to serve the residents of their communities." —Bill Mauro, Minister of Municipal Affairs "I'm pleased to be working to help more parents, and especially women, get involved in politics. Accommodating parents at the local level sends a strong message that municipal politics can be family-friendly. " —Daiene Vernile, Member of Provincial Parliament for Kitchener-Centre CONTACTS Conrad Spezowka Communications 416-585-7066 Conrad.Spezowka@ontario.ca Mark Cripps Minister's Office 416-585-6842 Mark.Cripps@ontario.ca Ministry of Municipal Affairs http://www.ontario.ca/municipal Questions about your subscription?Contact us. Edit your subscription preferences. Unsubscribe from News on Demand. 3 F-2016-33 Niagaraaalls November 22, 2016 rnraens REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2016-33 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $39,309,540.57 for the period October 8, 2016 to November 4, 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 Harrison Director • Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 1 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 101 DELIVERY 398647 12-Oct-2016 MATERIALS 29.38 1184485 ONTARIO INC 399059 26-Oct-2016 REFUND 6.49 1184485 ONTARIO INC 398648 12-Oct-2016 REFUND 3,327.51 1198983 ONTARIO LIMITED 398649 12-Oct-2016 REFUND 4,531.75 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATIt 399060 26-Oct-2016 SERVICES 1,939.16 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATIt 399266 02-Nov-2016 SERVICES 5,040.11 1662718 ONTARIO INC 399267 02-Nov-2016 REFUND 228.91 1664531 ONTARIO INC 399268 02-Nov-2016 REFUND 725.18 1671360 ONTARIO LTD. 399061 26-Oct-2016 REFUND 1,250.00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 398650 12-Oct-2016 MATERIALS 17.25 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 398849 19-Oct-2016 STORES/INVENTORY 17.25 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 399269 02-Nov-2016 SERVICES 981.50 1882848 ONTARIO LIIMITED 398651 12-Oct-2016 REFUND-BP-2016-0566 1,250.00 2030688 ONTARIO LTD 399063 26-Oct-2016 LEASES AND RENTS 9,377.86 2265160 ONTARIO INC 0/A HICKORY DICKORY DECKS NIAGARA 398652 12-Oct-2016 REFUND-BP-2016-0533 500.00 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 399270 02-Nov-2016 MAINTENANCE/REPAIRS 150.29 2405800 ONTARIO LIMITED 399064 26-Oct-2016 SERVICES 300,000.00 2430174 ONTARIO INC.0/A MUNICIPAL EQUIPMENT 399271 02-Nov-2016 MATERIALS 3,525.55 4 IMPRINT INC 398650 19-Oct-2016 SERVICES 2,706.20 407 ETR EXPRESS TOLL ROUTE 399272 02-Nov-2016 SERVICES 147.73 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 399273 02-Nov-2016 SERVICES 357.36 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 398851 19-Oct-2016 MATERIALS 3,527.86 A&A EXHAUST SYSTEMS 399274 02-Nov-2016 SERVICES 448.66 A&A EXHAUST SYSTEMS 398653 12-Oct-2016 MATERIALS 3,262.94 AAA BIGGAR'S LOCKSMITH&SECURITY 399065 26-Oct-2016 SERVICES 185.89 ABELL PEST CONTROL 398852 19-Oct-2016 SERVICES 2,938.00 ABILITY RESOURSE MANAGEMENT 399066 26-Oct-2016 SERVICES 625.74 ACA ENGINEERING SERVICES 399067 26-Oct-2016 SERVICES 960.50 ACCU LOCK AND SECURITY 399068 26-Oct-2016 SERVICES 169.50 ACCU LOCK AND SECURITY 399275 02-Nov-2016 SERVICES 661.05 ADDISON CHEVROLET GMC BUICK 398853 19-Oct-2016 MATERIALS 46,689.34 ADMOR INDUSTRIAL DOCK&DOOR SYSTEMS INC. 398854 19-Oct-2016 CONTRACT SERVICES 1,109.66 ADVANCE TOWING 399276 02-Nov-2016 SERVICES 740.15 ADVANCE TOWING 399069 26-Oct-2016 SERVICES 847.50 ADVANCE TOWING 398654 12-Oct-2016 VEH ID#922 943.55 ADVANCE TOWING 398855 19-Oct-2016 CONTRACT SERVICES 1,005.70 AECOM CANADA LTD 398655 12-Oct-2016 MATERIALS 19,325.26 AFFILIATED CUSTOMS BROKERS LTD 398856 19-Oct-2016 SERVICES 329.21 AFTERMARKET PARTS COMPANY LLC 398857 19-Oct-2016 STORES/INVENTORY 1,103.12 AFTERMARKET PARTS COMPANY LLC 399277 02-Nov-2016 MATERIALS 1,686.88 AFTERMARKET PARTS COMPANY LLC 399070 26-Oct-2016 MATERIALS 1,752.78 AFTERMARKET PARTS COMPANY LLC 398656 12-Oct-2016 STORES/INVENTORY 2,840.86 AIR CARE SERVICES 398858 19-Oct-2016 MATERIALS 10,400.20 AIR CARE SERVICES 399278 02-Nov-2016 SERVICES 12,247.52 AJ STONE COMPANY LTD 398859 19-Oct-2016 MATERIALS 1,808.99 AJ STONE COMPANY LTD 399071 26-Oct-2016 SERVICES 9,061.32 ALEXANDER,DANIEL&ALEXANDER,PATRICIA 399279 02-Nov-2016 REFUND 164.29 ALFIDOME CONSTRUCTION 399280 02-Nov-2016 SERVICES 19,350.63 ALFIDOME CONSTRUCTION 399072 26-Oct-2016 SERVICES 48,145.21 ALFIDOME CONSTRUCTION 398860 19-Oct-2016 SERVICES 90,845.50 ALFRED BEAM EXCAVATION LTD 399073 26-Oct-2016 MATERIALS 609.08 ALISON'S SPORTS AWARDS&PROMOTIONS 398657 12-Oct-2016 MATERIALS 2,891.44 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 399281 02-Nov-2016 MATERIALS 88.48 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 398658 12-Oct-2016 MATERIALS 147.47 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 398861 19-Oct-2016 MATERIALS 150.00 1 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 399074 26-Oct-2016 MATERIALS 3,574.73 AMALGAMATED TRANSIT UNION#1582 00046-0001 11-Oct-2016 PAYROLL REMITTANCE 4,289.93 AMALGAMATED TRANSIT UNION#1582 00050-0001 24-Oct-2016 PAYROLL REMITTANCE 4,289.93 AMCTO ZONE 3 C/0 ANDREA ZAMPIERI 399282 02-Nov-2016 TRAINING 150.00 ANCASTER COURT SURFACES INC. 398862 19-Oct-2016 SERVICES 16,701.63 ANDREW JAYDEN HOLDINGS INC. 398940 19-Oct-2016 REFUND 10,000.00 ANGLE,BETH 399283 02-Nov-2016 REFUND 159.94 ANTHONY'S EXCAVATING CENTRAL INC 399075 26-Oct-2016 SERVICES 17,176.00 ANTHONY'S EXCAVATING CENTRAL INC 398863 19-Oct-2016 SERVICES 38,218.35 ANTONSEN,DAVID 399076 26-Oct-2016 TRAVEUMILEAGE 753.81 APPLIED GEOLOGICS INC 399284 02-Nov-2016 SUBSCRIPTION 98,846.75 APPLIED RESEARCH ASSOCIATES INC 399077 26-Oct-2016 SERVICES 30,819.62 ARCHER TRUCK CENTRE(WELLAND)LTD 398659 12-Oct-2016 VEH ID#571 3,892.48 ARCHER TRUCK SERVICES LTD 399285 02-Nov-2016 MATERIALS 1,607.81 ARIVA 399286 02-Nov-2016 MATERIALS 553.70 ARIVA 398660 12-Oct-2016 MATERIALS 1,924.20 ARMSTRONG,JIM 399287 02-Nov-2016 MATERIALS 150.00 ARTISTA DESIGN&PRINT INC 398661 12-Oct-2016 MATERIALS 90.40 Page 2 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ARTISTA DESIGN&PRINT INC 398864 19-Oct-2016 SUPPLIES 174.02 ARTISTA DESIGN&PRINT INC 399288 02-Nov-2016 SERVICES 1,293.85 ARTISTA DESIGN&PRINT INC 399078 26-Oct-2016 SERVICES 2,356.05 ASAP SECURED INC 399079 26-Oct-2016 SERVICES 401.92 ASSOCIATED ENGINEERING(ONT)LTD 399492 04-Nov-2016 SERVICES 3,125.84 ASSOCIATION OF MUNICIPALITIES OF ONTARIO 399491 04-Nov-2016 TRAINING 1,830.60 ASSOCIATION OF ONTARIO ROAD SUPERVISORS 398865 19-Oct-2016 TRAINING 1,915.35 ASTORINO,THERESA 399290 02-Nov-2016 REFUND 178.05 AUDIBERT,FRED 399291 02-Nov-2016 MATERIALS 175.00 AUTO LINE TOYOTA 0/B 1032447 ONTARIO LTD. 399292 02-Nov-2016 SERVICES 793.26 AUTO LINE TOYOTA 0/B 1032447 ONTARIO LTD. 398866 19-Oct-2016 CONTRACT SERVICES 2,284.39 B&B LIFT TRUCK SERVICE 399084 26-Oct-2016 MATERIALS 1,872.22 BAGLIERI,CAREY 399293 02-Nov-2016 TRAVEUMILEAGE 743.04 BAIN PRINTING LIMITED 398867 19-Oct-2016 SERVICES 54.24 BAIN PRINTING LIMITED 398662 12-Oct-2016 MATERIALS 1,130.00 BAIOCCO CONSTRUCTION CORP 399294 02-Nov-2016 SERVICES 170,912.50 BAKER 398868 19-Oct-2016 STORES/INVENTORY 23.92 BAKER 399081 26-Oct-2016 MATERIALS 70.64 BAKER 398663 12-Oct-2016 STORES/INVENTORY 120.73 BAKER 399295 02-Nov-2016 MATERIALS 120.99 BAKIR,NADIA 399296 02-Nov-2016 REFUND 855.92 BANNERMAN,MAJA 398664 12-Oct-2016 TRAVEUMILEAGE 20.52 BARMSTONE,SANDRA 399082 26-Oct-2016 REFUND 145.02 BARNSLEY,JOHN 398869 19-Oct-2016 TRAVEUMILEAGE 50.50 BATTLEFIELD EQUIPMENT RENTALS 399297 02-Nov-2016 MATERIALS 123.67 BATTLEFIELD EQUIPMENT RENTALS 398665 12-Oct-2016 MATERIALS 432.30 BATTLEFIELD EQUIPMENT RENTALS 398870 19-Oct-2016 MATERIALS 1,073.50 BATTLEFIELD EQUIPMENT RENTALS 399083 26-Oct-2016 MATERIALS 1,739.07 BEAMAN,KEN 398871 19-Oct-2016 TRAVEUMILEAGE 142.52 BEATTIES BASICS 399298 02-Nov-2016 SERVICES 90.90 BEATTIES BASICS 398666 12-Oct-2016 MATERIALS 378.34 BELL CANADA 399493 04-Nov-2016 UTILITIES 108.77 BELL CANADA 399085 26-Oct-2016 UTILITIES 743.75 BELL CANADA-PUBLIC ACCESS 399300 02-Nov-2016 UTILITIES 169.50 BELL MOBILITY INC.(RADIO DIVISION) 398872 19-Oct-2016 SERVICES 11,404.34 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 399086 26-Oct-2016 MATERIALS 154.43 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 399301 02-Nov-2016 MATERIALS 1,034.10 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 398667 12-Oct-2016 VEH ID#230 1,308.31 BENNETT,CATHARINE 398668 12-Oct-2016 TRAVEUMILEAGE 60.00 BENNETT,CATHARINE 398873 19-Oct-2016 TRAVEUMILEAGE 100.00 BERTIE PRINTERS LIMITED 399302 02-Nov-2016 MATERIALS 1,542.45 BETTER IMPACT INC 398669 12-Oct-2016 MATERIALS 282.50 BICKLE MAIN INDUSTRIAL SUPPLY INC 398670 12-Oct-2016 MATERIALS 113.59 BICKLE MAIN INDUSTRIAL SUPPLY INC 399087 26-Oct-2016 MATERIALS 155.49 BOB ROBINSON&SON CONSTRUCTION 399088 26-Oct-2016 SERVICES 2,351.81 BOB ROBINSON&SON CONSTRUCTION 399305 02-Nov-2016 SERVICES 2,594.54 BOB ROBINSON&SON CONSTRUCTION 398874 19-Oct-2016 SERVICES 2,879.52 BOB ROBINSON&SON CONSTRUCTION 398671 12-Oct-2016 CONTRACT SERVICES 3,118.44 BOBCAT OF HAMILTON LTD 399303 02-Nov-2016 MATERIALS 192.24 BOBOROS,PETER 399304 02-Nov-2016 REFUND 35.00 BOUTILIER,JIM 398875 19-Oct-2016 PETTY CASH 247.60 BOYLE,PEGGY 399306 02-Nov-2016 TRAVEUMILEAGE 30.00 BOYLE,PEGGY 398876 19-Oct-2016 TRAVEUMILEAGE 33.80 BOYS&GIRLS CLUB OF NIAGARA 399089 26-Oct-2016 GRANT 16,500.00 BRAND BLVD INC 398877 19-Oct-2016 MATERIALS 539.01 BRENNAN PAVING LTD. 399307 02-Nov-2016 SERVICES 21,291.67 BRENNAN PAVING LTD. 398878 19-Oct-2016 SERVICES 425,414.33 BRINKS CANADA LTD 398672 12-Oct-2016 MATERIALS 952.09 BRINKS CANADA LTD 399090 26-Oct-2016 SERVICES 2,736.53 BROCK FORD 399091 26-Oct-2016 SERVICES 121.24 BROCK FORD 399308 02-Nov-2016 MATERIALS 1,487.33 BROCK FORD 398879 19-Oct-2016 STORES/INVENTORY 2,674.92 BROCK UNIVERSITY 399092 26-Oct-2016 TRAINING 113.00 BROCK UNIVERSITY 398880 19-Oct-2016 TRAINING 3,000.00 BROWN,KRISTEN 399309 02-Nov-2016 REFUND 15.00 BRUNNING,MARGARET 398673 12-Oct-2016 SERVICES 65.00 BRYCE,ANDREW 398674 12-Oct-2016 TRAVEUMILEAGE 73.18 BUILDING INNOVATION 399310 02-Nov-2016 SERVICES 3,955.00 BURKE EMPLOYMENT SOLUTIONS 398881 19-Oct-2016 SERVICES 640.71 BUTYNIEC,DAVE 398675 12-Oct-2016 TRAVEUMILEAGE 68.04 BUTYNIEC,DAVE 399311 02-Nov-2016 TRAVEUMILEAGE 123.66 C.A.L.E.O C/O SCOTT WADE 399312 02-Nov-2016 MEMBERSHIP 25.00 C.M.EQUIPMENT ONTARIO INC 399103 26-Oct-2016 MATERIALS 225.04 CANADA POST CORPORATION 00049-0001 17-Oct-2016 MATERIALS 4,897.96 Page 3 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount CANADA POST CORPORATION 00050-0002 24-Oct-2016 MATERIALS 6,759.16 CANADIAN DOOR DOCTOR 399093 26-Oct-2016 SERVICES 1,988.80 1 CANADIAN DOOR DOCTOR 398882 19-Oct-2016 CONTRACT SERVICES 2,587.70 CANADIAN LINEN&UNIFORM 398884 19-Oct-2016 MATERIALS 377.50 CANADIAN LINEN&UNIFORM 398677 12-Oct-2016 CONTRACT SERVICES 417.56 CANADIAN LINEN&UNIFORM 399094 26-Oct-2016 MATERIALS 698.51 CANADIAN LINEN&UNIFORM 399313 02-Nov-2016 MATERIALS 955.69 CANADIAN NATIONAL 399314 02-Nov-2016 MATERIALS 4,130.71 CANADIAN PACIFIC RAILWAY CO 399095 26-Oct-2016 SERVICES 1,141.50 CANADIAN PORTABLE SERVICES 399096 26-Oct-2016 SERVICES 1,162.21 CANADIAN PORTABLE SERVICES 398678 12-Oct-2016 MATERIALS 10,645.73 CANLAN CLASSIC TOURNAMENTS 398883 19-Oct-2016 GRANT 1,238.89 CANON CANADA INC. 398676 12-Oct-2016 MATERIALS 1,307.36 CANSEL 399315 02-Nov-2016 SUBSCRIPTION 4,520.00 CANTEC SECURITY SERVICES INC 399097 26-Oct-2016 SERVICES 8,693.66 CARLETON UNIFORMS INC 399098 26-Oct-2016 MATERIALS 56.44 CARLETON UNIFORMS INC 398679 12-Oct-2016 MATERIALS 130.97 CARLETON UNIFORMS INC 398885 19-Oct-2016 MATERIALS 191.87 CARQUEST 398680 12-Oct-2016 MATERIALS 43.21 CARQUEST 398886 19-Oct-2016 STORES/INVENTORY 62.99 CARQUEST 399099 26-Oct-2016 MATERIALS 147.95 CARQUEST 399316 02-Nov-2016 MATERIALS 202.98 CARR MCLEAN 398682 12-Oct-2016 MATERIALS 314.82 CARRICK,MARZENNA 398681 12-Oct-2016 TRAVEUMILEAGE 616.95 CARRIER COMMERCIAL SERVICE 398887 19-Oct-2016 SERVICES 3,416.31 CASTLE MECHANICAL 398888 19-Oct-2016 CONTRACT SERVICES 678.24 CATARACT COLLISION CENTRE 398889 19-Oct-2016 SERVICES 12,094.40 CBM N.A.INC 399318 02-Nov-2016 MATERIALS 80.16 CENTRAL COMMUNICATIONS 398683 12-Oct-2016 CONTRACT SERVICES 485.90 CHARLES JONES INDUSTRIAL LTD 398684 12-Oct-2016 STORES/INVENTORY 232.41 CHARLES JONES INDUSTRIAL LTD 398890 19-Oct-2016 STORES/INVENTORY 314.87 CHARLES JONES INDUSTRIAL LTD 399101 26-Oct-2016 MATERIALS 610.78 CHARLES JONES INDUSTRIAL LTD 399319 02-Nov-2016 MATERIALS 1,428.78 CHASSIE,JOSHUA 399100 26-Oct-2016 REFUND 92.89 CIBC MORTGAGES INC 399102 26-Oct-2016 REFUND 2,717.90 CIMA CANADA INC 398686 12-Oct-2016 MATERIALS 8,343.25 CIMA CANADA INC 398891 19-Oct-2016 MATERIALS 75,460.27 CIMCO REFRIGERATION 399320 02-Nov-2016 SERVICES 626.82 CIMCO REFRIGERATION 398687 12-Oct-2016 MATERIALS 1,640.76 CITY VIEW BUS SALES&SERVICE LTD. 398892 19-Oct-2016 STORES/INVENTORY 2,152.95 CITY VIEW BUS SALES&SERVICE LTD. 399322 02-Nov-2016 MATERIALS 4,481.33 CJ GLOBAL INVESTMENT LTD 00047-0001 14-Oct-2016 LEASES AND RENTS 7,967.64 CLAYDON,JEFF 398688 12-Oct-2016 TRAVEUMILEAGE 137.16 CLEVER DEVICES LTD 398893 19-Oct-2016 MATERIALS 349.17 C-MAX FIRE SOLUTIONS 398689 12-Oct-2016 VEH ID#571 3,297.41 C-MAX FIRE SOLUTIONS DIV.OF WEBER'S FABRICATING LIMITEC 398894 19-Oct-2016 MATERIALS 2,643.88 CODE 4 FIRE&RESCUE INC 398895 19-Oct-2016 SERVICES 629.41 COMBOT,ANDRE JOSEPH IRENE 399104 26-Oct-2016 REFUND 107.81 COMMISSIONAIRES 399323 02-Nov-2016 SERVICES 1,487.40 COMMISSIONAIRES 398896 19-Oct-2016 SERVICES 14,757.79 COMMISSIONAIRES 398690 12-Oct-2016 CONTRACT SERVICES 17,926.57 COMPUGEN INC 399105 26-Oct-2016 MATERIALS 44,112.58 CONDO,LAURA 399106 26-Oct-2016 REFUND 104.49 CONDOTTA MERRETT&CO INSURANCE BROKERS 399324 02-Nov-2016 SERVICES 191.16 CONTINENTAL TIRE CANADA INC 398897 19-Oct-2016 MATERIALS 4,640.71 COTTON INC 398898 19-Oct-2016 CONTRACT SERVICES 23,359.07 CRAITOR,KIM 398692 12-Oct-2016 SERVICES 113.51 CRAWFORD&COMPANY(CANADA)INC 398899 19-Oct-2016 CONTRACT SERVICES 462.00 CRAWFORD&COMPANY(CANADA)INC 399107 26-Oct-2016 SERVICES 2,079.00 CRAWFORD&COMPANY(CANADA)INC. 398691 12-Oct-2016 CONTRACT SERVICES 8,672.29 CRAWFORD&COMPANY(CANADA)INC. 399325 02-Nov-2016 SERVICES 15,030.00 CREDIT BUREAU SERVICES CANADA 398900 19-Oct-2016 SERVICES 11.89 CROMACK,BERNADETTE 399108 26-Oct-2016 REFUND 102.82 CRS CONTRACTORS RENTAL SUPPLY 398693 12-Oct-2016 CONTRACT SERVICES 515.92 CSERPES,ANDREW&CSERPES,YOLANDE 398694 12-Oct-2016 REFUND 1,138.21 CUMMINS EASTERN CANADA LP 399327 02-Nov-2016 MATERIALS 1,002.55 CUMMINS EASTERN CANADA LP 398901 19-Oct-2016 MATERIALS 5,575.88 CUMMINS EASTERN CANADA LP 398695 12-Oct-2016 MATERIALS 7,747.14 CUPE LOCAL 133 00046-0002 11-Oct-2016 PAYROLL REMITTANCE 9,685.38 CUPE LOCAL 133 00050-0003 24-Oct-2016 PAYROLL REMITTANCE 9,746.07 D K TECHNICAL SERVICES INC 399338 02-Nov-2016 SERVICES 523.87 D K TECHNICAL SERVICES INC 398701 12-Oct-2016 CONTRACT SERVICES 782.73 DAMARIO,TONY 399328 02-Nov-2016 TRAVEUMILEAGE 129.65 DARCH FIRE 398902 19-Oct-2016 MATERIALS 102.15 Page 4 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount DARCH FIRE 399330 02-Nov-2016 MATERIALS 176.28 DARCH FIRE 398696 12-Oct-2016 VEH ID#523 253.80 DAVE,EVANS 398914 19-Oct-2016 TRAVEUMILEAGE 45.00 DAVIDSON ENVIRONMENTAL 398903 19-Oct-2016 MATERIALS 63.28 DAVIDSON ENVIRONMENTAL 399331 02-Nov-2016 MATERIALS 110.74 DAVIDSON,ANGELA 398697 12-Oct-2016 TRAVEUMILEAGE 423.36 DAWSON,JOHN&DAWSON,JUDITH 399332 02-Nov-2016 REFUND 306.07 DE LAGE LANDEN FINANCIAL SERVICES CAN INC 398698 12-Oct-2016 MATERIALS 2,220.45 DELL,KELLY 399109 26-Oct-2016 TRAVEUMILEAGE 32.40 DELL,KELLY 399333 02-Nov-2016 TRAVEUMILEAGE 118.80 DELOITTE LLP 398904 19-Oct-2016 SERVICES 19,566.18 DEMAR CONSTRUCTION INC. 398905 19-Oct-2016 CONTRACT SERVICES 515,643.86 DEMARCO,MARK 399110 26-Oct-2016 TRAVEUMILEAGE 146.42 DEMOL'S TIRE SALES&SERVICE 399334 02-Nov-2016 MATERIALS 524.07 DEMOL'S TIRE SALES&SERVICE 398906 19-Oct-2016 MATERIALS 781.87 DESIGN ELECTRONICS 398699 12-Oct-2016 CONTRACT SERVICES 45.20 DESIGN ELECTRONICS 399335 02-Nov-2016 SERVICES 5,720.86 DEV,SOCHET 399111 26-Oct-2016 REFUND 170.66 DEVRON SALES LTD 399336 02-Nov-2016 MATERIALS 446.69 DIAZ,LENA 399112 26-Oct-2016 GRANT 185.00 DICAN DIGITAL INSTRUMENTS CANADA INC 399337 02-Nov-2016 SERVICES 237.30 DICAN DIGITAL INSTRUMENTS CANADA INC 398700 12-Oct-2016 CONTRACT SERVICES 241.76 DICAN DIGITAL INSTRUMENTS CANADA INC 398907 19-Oct-2016 SERVICES 570.20 DIGITAL POSTAGE ON CALL 398908 19-Oct-2016 MATERIALS 9,944.00 DIODATI,JIM 399113 26-Oct-2016 TRAVEUMILEAGE 1,155.00 DREN,KARL 398702 12-Oct-2016 TRAVEUMILEAGE 153.36 DROLLIS SAFETY SUPPLY CO LTD 398909 19-Oct-2016 STORES/INVENTORY 1,661.10 DROST,GARY 398703 12-Oct-2016 REFUND 5.00 DUMONT SECURITY 399339 02-Nov-2016 SERVICES 999.23 EASTGATE TRUCK CENTRE 398704 12-Oct-2016 MATERIALS 117.88 EASTLAND,MARI-LYNNE 399340 02-Nov-2016 MATERIALS 271.20 ED LEARN FORD LINCOLN LTD 398910 19-Oct-2016 CONTRACT SERVICES 426.27 ED LEARN FORD LINCOLN LTD 399342 02-Nov-2016 MATERIALS 73,173.48 EDGETCH HVAC SERVICES LTD 399341 02-Nov-2016 SERVICES 1,695.00 EDWARDS,KATHLEEN 398705 12-Oct-2016 REFUND-BP-2016-0978 500.00 ELLIS ENGINEERING INC. 399343 02-Nov-2016 SERVICES 9,076.17 EMCO CORPORATION 398706 12-Oct-2016 MATERIALS 328.83 EMCO CORPORATION 398911 19-Oct-2016 MATERIALS 2,255.96 EMCO CORPORATION 399344 02-Nov-2016 MATERIALS 6,922.66 ENBRIDGE 399495 04-Nov-2016 UTILITIES 40.12 ENBRIDGE 398912 19-Oct-2016 UTILITIES 659.65 ENBRIDGE 399114 26-Oct-2016 UTILITIES 1,073.11 ENBRIDGE 398707 12-Oct-2016 UTILITIES 2,707.58 ENBRIDGE 399496 04-Nov-2016 UTILITIES 13,085.45 E-QUIP RENTALS&REPAIRS INC 399346 02-Nov-2016 MATERIALS 221.38 E-QUIP RENTALS&REPAIRS INC 398913 19-Oct-2016 MATERIALS 1,468.19 ERB,RAMONA 399115 26-Oct-2016 REFUND 557.09 ESMORES,FELIPE&ESMORES,MARILOU 399116 26-Oct-2016 REFUND 423.83 EVANOFF,VICTOR 398709 12-Oct-2016 TRAVEUMILEAGE 190.00 EVANS UTILITY SUPPLY LTD 399348 02-Nov-2016 MATERIALS 4,946.01 EVANS UTILITY SUPPLY LTD 398915 19-Oct-2016 MATERIALS 15,745.48 EVANS,DOUG 399347 02-Nov-2016 TRAVEUMILEAGE 96.51 EXP SERVICES INC 398710 12-Oct-2016 CONTRACT SERVICES 2,936.87 EXP SERVICES INC 399349 02-Nov-2016 SERVICES 3,551.59 F INGHAM CONSTRUCTION CO LTD 399121 26-Oct-2016 REFUND 500.00 FADEL ALI,NATHEER 399117 26-Oct-2016 REFUND 185.00 FALLS AUTO BODY INC 398916 19-Oct-2016 SERVICES 1,941.34 FALLS CHEVROLET CADILLAC 399350 02-Nov-2016 MATERIALS 157.67 FALLS CHEVROLET CADILLAC 398917 19-Oct-2016 MATERIALS 666.36 FALLS ELECTRIC INC 398711 12-Oct-2016 MATERIALS 779.33 FALLS ELECTRIC INC 398918 19-Oct-2016 CONTRACT SERVICES 2,728.44 FARFARA,NICOLAOS&FARFARA,CATHY MARIE 399120 26-Oct-2016 REFUND 146.23 FARNAN,JR,GARY R 399119 26-Oct-2016 MATERIALS 175.00 FARR,DONNA&FARR,DAVID 399118 26-Oct-2016 REFUND 130.33 FARR,THOMAS&FARR,JENNIFER 399351 02-Nov-2016 REFUND 146.86 FASTENAL CANADA LTD 399352 02-Nov-2016 MATERIALS 40.21 FASTENAL CANADA LTD 398919 19-Oct-2016 STORES/INVENTORY 221.84 FASTENAL CANADA LTD 398712 12-Oct-2016 MATERIALS 1,141.54 FEDERAL EXPRESS CANADA LTD 399353 02-Nov-2016 SERVICES 163.22 FEREN SIGNS&GRAPHICS 399354 02-Nov-2016 SERVICES 188.71 FIEDOREK,BARBARA 398713 12-Oct-2016 REFUND 341.70 FINUCCI,VIC 398714 12-Oct-2016 REFUND 2,196.91 FIRE MONITORING OF CANADA INC 398920 19-Oct-2016 MATERIALS 332.95 FIRE MONITORING OF CANADA INC 399355 02-Nov-2016 SERVICES 2,024.78 Page 5 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount FLEXO PRODUCTS LTD 398715 12-Oct-2016 STORES/INVENTORY 202.26 FLEXO PRODUCTS LTD 399356 02-Nov-2016 MATERIALS 307.71 FLEXO PRODUCTS LTD 398921 19-Oct-2016 MATERIALS 812.55 FONTASY SIGN&DISPLAY INC 399357 02-Nov-2016 SERVICES 21,108.40 FORM&AFFECT 398922 19-Oct-2016 SERVICES 791.00 FOUR SEASONS CONSTRUCTION 399358 02-Nov-2016 MAINTENANCE/REPAIRS 960.50 FREDERICK,RICK 399497 04-Nov-2016 REFUND 150.00 FREW ENERGY LIMITED 399359 02-Nov-2016 MATERIALS 11,559.90 FREW ENERGY LIMITED 398953 19-Oct-2016 FUEL 30,314.83 FROGGY'S AUTO GLASS LTD 399360 02-Nov-2016 MAINTENANCE/REPAIRS 84.75 FUSARELLI BERARDINO C/O MARTIN SHEPPARD FRASER LLP IN 399361 02-Nov-2016 REFUND 664.32 G.O'CONNOR CONSULTANTS INC 399123 26-Oct-2016 SERVICES 2,887.26 GALE/CENAGE LEARNING US DRAFT 13-Oct-2016 MATERIALS 650.37 GALES GAS BARS 399362 02-Nov-2016 FUEL 331.07 GARDEN CITY WIRE PRODUCTS INC. 399363 02-Nov-2016 MATERIALS 401.72 GAUBOC CONSTRUCTION LIMITED 399364 02-Nov-2016 CONTRACT SERVICES 35,664.21 GAULD NURSERIES LTD 399365 02-Nov-2016 MATERIALS 4,949.40 GAVRILUKE,ANNA 399122 26-Oct-2016 REFUND 198.92 GEMUEND,JULIE 398923 19-Oct-2016 SERVICES 1,000.00 GHD LIMITED 398924 19-Oct-2016 SERVICES 11,993.32 GIURA BROTHERS 399366 02-Nov-2016 SERVICES 1,441.31 GLOBALSTAR CANADA 399055 21-Oct-2016 MATERIALS 112.98 GM BLUEPLAN ENGINEERING LIMITED 399367 02-Nov-2016 SERVICES 72,769.14 GOFORTH,HANYA 398927 19-Oct-2016 PETTY CASH 291.10 GOLIA,NICK 398718 12-Oct-2016 TRAVEUMILEAGE 572.94 GRAND&TOY 398719 12-Oct-2016 MATERIALS 156.31 GRAYBAR CANADA 398928 19-Oct-2016 MATERIALS 561.23 GRAYBAR CANADA 398720 12-Oct-2016 MATERIALS 585.18 GREAT LAKES FIRE SERVICES 398929 19-Oct-2016 MATERIALS 25.99 GREAT LAKES FIRE SERVICES 398721 12-Oct-2016 MATERIALS 79.10 GREEN,GERALD GRANVILLE 399368 D2-Nov-2016 REFUND 678.27 GREY BORDERS BOOKS 398722 12-Oct-2016 MATERIALS 264.60 GRIFFIN LANDSCAPE 398930 19-Oct-2016 MATERIALS 988.92 GRIFFIN LANDSCAPE 398723 12-Oct-2016 CONTRACT SERVICES 1,579.62 GRINNELL SIMPLEX 399124 26-Oct-2016 REFUND 138.56 GROOVE IDENTIFICATION SOLUTIONS INC 399369 02-Nov-2016 SERVICES 124.24 GROTTOLA,FRANK&NANCY 399126 26-Oct-2016 REFUND 1,750.00 GROUND AERIAL MAINTENANCE LTD 399127 26-Oct-2016 SERVICES 2,946.37 GROUND AERIAL MAINTENANCE LTD 398931 19-Oct-2016 CONTRACT SERVICES 36,299.53 GROW,CHRISTOPHER 399125 26-Oct-2016 REFUND 74.35 GT FRENCH 398724 12-Oct-2016 STORES/INVENTORY 857.49 GT FRENCH 398932 19-Oct-2016 STORES/INVENTORY 1,127.59 GT FRENCH 399370 02-Nov-2016 MATERIALS 1,518.39 GUGLIOTTA,JOE 399128 26-Oct-2016 SUPPLIES 295.00 GUILD ELECTRIC LIMITED 398933 19-Oct-2016 SERVICES 1,646.87 GUILD ELECTRIC LIMITED 399371 02-Nov-2016 MAINTENANCE/REPAIRS 44,356.23 NALCO MOBILE MFG SALES&SERVICE INC 399129 26-Oct-2016 SERVICES 226.00 HALCO MOBILE MFG SALES&SERVICE INC 398725 12-Oct-2016 CONTRACT SERVICES 452.00 HALCO MOBILE MFG SALES&SERVICE INC 399372 02-Nov-2016 MATERIALS 678.00 HALCO MOBILE MFG SALES&SERVICE INC 398934 19-Oct-2016 MATERIALS 1,073.50 HALLEX ENGINEERING LTD 399373 02-Nov-2016 SERVICES 9,343.69 HANEY,MARK 399130 26-Oct-2016 REFUND 120.76 HARRISON,PATRICK 398935 19-Oct-2016 TRAVEUMILEAGE 156.12 HARTMAN,DAVID 399131 26-Oct-2016 REFUND 750.00 HAZMASTERS INC 398726 12-Oct-2016 MATERIALS 570.65 HD SUPPLY CANADA INC 399374 02-Nov-2016 MATERIALS 28.42 HD SUPPLY CANADA INC 398727 12-Oct-2016 MATERIALS 456.80 HEANSSGEN,ROBERTA BARBARA 399376 02-Nov-2016 REFUND 66.14 HEARN,INGRID URSULA 399375 02-Nov-2016 REFUND 3,216.72 HENNEPIN'S VIEW INC. 399377 02-Nov-2016 REFUND 101,318.23 HERRING,DIANE 398728 12-Oct-2016 SERVICES 600.00 HEUSERS STEEL WORKS LTD 399378 02-Nov-2016 MAINTENANCE/REPAIRS 829.42 HICKS,SKYE 398936 19-Oct-2016 SERVICES 500.00 HIMES,DAVID 398729 12-Oct-2016 MATERIALS 25.00 HOCO LIMITED 399379 02-Nov-2016 REFUND 198,299.36 HOLCOMBE,OLIVIA 398730 12-Oct-2016 SERVICES 300.00 HOLMAN,GEOFF 399380 02-Nov-2016 TRAVEUMILEAGE 98.28 HOLMAN,GEOFF 398731 12-Oct-2016 TRAVEL/MILEAGE 148.35 HORTON,ADAM 398732 12-Oct-2016 TRAVEUMILEAGE 422.36 IBEC MACHINE KNIFE LTD 399381 02-Nov-2016 MATERIALS 175.15 ICECO ADVANCED ARENA PRODUCTS 398937 19-Oct-2016 MATERIALS 2,966.25 INDEPENDENT SUPPLY COMPANY 398733 12-Oct-2016 MATERIALS 24.69 INGLIS,JEREMY 398734 12-Oct-2016 TRAVEUMILEAGE 45.00 INNOVATIVE GATE SYSTEMS INC 399382 02-Nov-2016 MAINTENANCE/REPAIRS 1,084.80 Page 6 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount INTUITION LANDSCAPE 398735 12-Oct-2016 CONTRACT SERVICES 169.50 INTUITION LANDSCAPE 398938 19-Oct-2016 CONTRACT SERVICES 1,138.48 INTUITION LANDSCAPE 399133 26-Oct-2016 SERVICES 4,166.60 J J MACKAY CANADA LTD 399385 02-Nov-2016 MATERIALS 40.86 JACK DOW AUTO SUPPLIES LIMITED 398939 19-Oct-2016 VEH ID#651 33.90 JACK DOW AUTO SUPPLIES LIMITED 399383 02-Nov-2016 SERVICES 242.96 JACK DOW AUTO SUPPLIES LIMITED 398736 12-Oct-2016 VEH ID#313 406.80 JAMIESON,MARK 398737 12-Oct-2016 REFUND-SAFETY SHOES 150.00 JENSEN,KIRSTEN 398941 19-Oct-2016 MATERIALS 112.99 JIA,YUJIE 399384 02-Nov-2016 REFUND 1,765.87 JOHN L.O'KANE 399386 02-Nov-2016 CONTRACT SERVICES 7,277.20 JOHNBEAR BUICK GMC LTD 398738 12-Oct-2016 CONTRACT SERVICES 65.89 JOHNNY RAG 399387 02-Nov-2016 MATERIALS 327.07 K.L.D.CONSTRUCTION LTD 398945 19-Oct-2016 CONTRACT SERVICES 3,382.09 KEIGHAN,ALICIA&JONES,CHRISTOPHER 398739 12-Oct-2016 REFUND 750.00 KEITH'S PLUMBING&HEATING INC 398942 19-Oct-2016 CONTRACT SERVICES 32,634.23 KELLY DIGS LANDSCAPING 398943 19-Oct-2016 CONTRACT SERVICES 5,719.69 KELLY DIGS LANDSCAPING 399134 26-Oct-2016 CONTRACT SERVICES 7,708.44 KELLY DIGS LANDSCAPING 398740 12-Oct-2016 CONTRACT SERVICES 26,317.90 KELLY SERVICES(CANADA)LTD. 399388 02-Nov-2016 CONTRACT SERVICES 413.92 KELLY SERVICES(CANADA)LTD. 398741 12-Oct-2016 CONTRACT SERVICES 1,024.21 KENNEDY,JACQUELINE SUSAN 399135 26-Oct-2016 REFUND 114.55 KENWORTH TORONTO LTD 398944 19-Oct-2016 STORES/INVENTORY 219.64 KERRY T HOWE ENGINEERING LTD 399136 26-Oct-2016 CONTRACT SERVICES 10,863.82 KERRY T HOWE ENGINEERING LTD 399389 02-Nov-2016 CONTRACT SERVICES 12,993.32 KIM,YOUNGJOON&KIM,HYOSOOK 398742 12-Oct-2016 REFUND 1,635.88 KING,JOHNATHAN 399137 26-Oct-2016 REFUND 145.28 KRAWCZYK CONSTRUCTION MAINTENANCE INC 399390 02-Nov-2016 CONTRACT SERVICES 23,792.15 KRONSTEIN,MARK 398946 19-Oct-2016 TRAVEUMILEAGE 190.00 KROWN 398947 19-Oct-2016 SERVICES 146.84 KROWN 398743 12-Oct-2016 SERVICES 180.74 KURIAKOSE,ELDHO 399138 26-Oct-2016 REFUND 50.65 KWIK MIX MATERIALS LIMITED 398744 12-Oct-2016 MATERIALS 1,533.05 LAERDAL MEDICAL CANADA LTD 398745 12-Oct-2016 MATERIALS 511.47 LAGACE,ED 399391 02-Nov-2016 MATERIALS 169.49 LAKE'S MAINTENANCE 398746 12-Oct-2016 SERVICES 676.88 LALLOUET,ERIC 399392 02-Nov-2016 MATERIALS 150.00 LAW CRUSHED STONE 398948 19-Oct-2016 MATERIALS 5,720.27 LAWSON PRODUCTS INC 398950 19-Oct-2016 MATERIALS 38.31 LAWSON PRODUCTS INC 398747 12-Oct-2016 MATERIALS 76.62 LAWSON PRODUCTS INC 399393 02-Nov-2016 MATERIALS 3,146.40 LEE,CAMERON 398748 12-Oct-2016 SERVICES 100.00 LEGER,KIMBERLEY 399139 26-Oct-2016 REFUND 184.69 LEGGE,DEBORAH 398749 12-Oct-2016 MATERIALS 114.17 LIDSTER,JACK 398752 12-Oct-2016 CONTRACT SERVICES 250.00 LIFE SAFETY SECURITY INC 399142 26-Oct-2016 CONTRACT SERVICES 1,655.74 LIFEWORKS CANADA LTD 398753 12-Oct-2016 CONTRACT SERVICES 1,874.45 LIGHTNING EQUIPMENT SALES INC 399396 02-Nov-2016 MATERIALS 513.02 LOCKHART,ROBERT 399143 26-Oct-2016 REFUND 354.29 LOEWEN,HANS 399397 02-Nov-2016 REFUND 750.00 LOGAN,SARAH J 399144 26-Oct-2016 REFUND 129.69 LOOPSTRA NIXON LLP 398754 12-Oct-2016 CONSULTING SERVICES 129.95 LOW,JOANNE 398949 19-Oct-2016 REFUND 58.00 LUNDY'S LANE HISTORICAL L SOCIETY 398954 19-Oct-2016 MATERIALS 363.84 MACKENZIE,WARREN 399398 02-Nov-2016 MATERIALS 150.00 MAGGIOLO,LAUREN&SOMMISE,MICHAEL 398956 19-Oct-2016 REFUND 500.00 MAGGS,BRENDA 398955 19-Oct-2016 REFUND 337.50 MANOJLOVIC,STEVAN 399145 26-Oct-2016 MATERIALS 50.00 MANOR CLEANERS 399146 26-Oct-2016 MATERIALS 143.53 MAPLE LEAF COLLISION CENTRE 399147 26-Oct-2016 CONTRACT SERVICES 4,087.55 MARCELLINE,DARRYL QUINTIN 399148 26-Oct-2016 REFUND 116.05 MAR-CO CLAY PRODUCTS INC 398755 12-Oct-2016 MATERIALS 1,457.36 MARIER,RONALD PLACIDE 399400 02-Nov-2016 REFUND 15.00 MARK'S COMMERCIAL 399399 02-Nov-2016 MATERIALS 7.05 MARK'S COMMERCIAL 398957 19-Oct-2016 MATERIALS 396.82 MARK'S COMMERCIAL 399149 26-Oct-2016 MATERIALS 1,463.85 MARTIN SHEPPARD FRASER LLP 399151 26-Oct-2016 CONTRACT SERVICES 7,381.07 MARTIN,RAY 398756 12-Oct-2016 REFUND 40.00 MASSI,STEVE 398757 12-Oct-2016 MATERIALS 146.89 MATTHEW DANIELE MEMORIAL FUND 399329 02-Nov-2016 DONATION 500.00 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 399152 26-Oct-2016 CONTRACT SERVICES 2,429.50 MAURICE,STEVE 398758 12-Oct-2016 TRAVEUMILEAGE 86.40 MAZZOLINO,MICHAEL 399401 02-Nov-2016 REFUND 2,500.00 MCAULEY,DARRELL 399402 02-Nov-2016 REFUND 500.00 Page 7 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MCD MECHANICAL 398958 19-Oct-2016 CONTRACT SERVICES 3,900.00 MCFARLAND,KIMBERLY 399403 02-Nov-2016 REFUND 211.99 MCGOLDRICK,ANDREW 398959 19-Oct-2016 REFUND 254.74 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 398759 12-Oct-2016 CONTRACT SERVICES 113.00 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 398960 19-Oct-2016 MATERIALS 113.00 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 399153 26-Oct-2016 MATERIALS 113.00 MCLEOD&SAVOIE AUTO AND TRUCK SERVICE LTD 399404 02-Nov-2016 MATERIALS 791.00 MCNAMARA,SUSAN 398961 19-Oct-2016 TRAVEUMILEAGE 190.00 MCPHILLIPS,KEVIN 399154 26-Oct-2016 TRAVEUMILEAGE 41.04 MCQUIGGIN,WAYNE 399155 26-Oct-2016 REFUND 49.11 MEGA-LAB MANUFACTURING CO.LTD 399405 02-Nov-2016 MATERIALS 403.41 MERIDIAN CREDIT UNION 398963 19-Oct-2016 PAYROLL REMITTANCE 279.50 MERIDIAN CREDIT UNION 399407 02-Nov-2016 PAYROLL REMITTANCE 279.50 MERIDIAN CREDIT UNION 399406 02-Nov-2016 REFUND 1,250.00 METAL SUPERMARKETS 398760 12-Oct-2016 MATERIALS 327.57 METAL SUPERMARKETS 398964 19-Oct-2016 MATERIALS 370.25 METRO FREIGHTLINER HAMILTON 398761 12-Oct-2016 MATERIALS 380.87 MILLER,AMANDA 399156 26-Oct-2016 REFUND 52.93 MILLER,RONALD 398965 19-Oct-2016 TRAVEUMILEAGE 190.00 MILWARD,AARON 399408 02-Nov-2016 SERVICES 400.00 MINISTER OF FINANCE 398966 19-Oct-2016 CONTRACT SERVICES 1,560.00 MINISTER OF FINANCE 399158 26-Oct-2016 PAYROLL REMITTANCE 4,101.51 MINISTER OF FINANCE 398967 19-Oct-2016 MATERIALS 19,200.00 MINISTER OF FINANCE 398848 17-Oct-2016 MATERIALS 38,164.00 MINISTER OF FINANCE 398762 12-Oct-2016 MATERIALS 54,760.00 MINISTER OF FINANCE 399157 26-Oct-2016 PAYROLL REMITTANCE 69,151.09 MINISTRY OF ATTORNEY GENERAL 00046-0003 11-Oct-2016 PAYROLL REMITTANCE 2,677.56 MINISTRY OF ATTORNEY GENERAL 00050-0004 24-Oct-2016 PAYROLL REMITTANCE 2,677.56 MINUTEMAN PRESS 398763 12-Oct-2016 ADVERTISING 50.85 MIRABELLI,SAM 399409 02-Nov-2016 MATERIALS 150.00 MISSISSAUGA BUS COACH&TRUCK REPAIRS INC 398968 19-Oct-2016 STORES/INVENTORY 3,757.25 MOBILE COMMUNICATION SERVICES 399410 02-Nov-2016 MATERIALS 915.30 MODERN LANDFILL INC 398969 19-Oct-2016 CONTRACT SERVICES 372.38 MODERN LANDFILL INC 399411 02-Nov-2016 CONTRACT SERVICES 3,274.19 MODERN LANDFILL INC 399159 26-Oct-2016 CONTRACT SERVICES 3,749.04 MOHAWK MFG&SUPPLY CO 399412 02-Nov-2016 STORES/INVENTORY 499.48 MOHAWK MFG&SUPPLY CO 398970 19-Oct-2016 STORES/INVENTORY 1,380.66 MOHAWK MFG&SUPPLY CO 399160 26-Oct-2016 MATERIALS 7,680.14 MOLDENHAUER,KATHY 399413 02-Nov-2016 TRAVEUMILEAGE 190.00 MONASTERY OF MOUNT CARMEL 398764 12-Oct-2016 REFUND 750.00 MONTGOMERY BROS./NORTHLAND SUPPLY 398971 19-Oct-2016 MATERIALS 3,200.16 MONTGOMERY BROS./NORTHLAND SUPPLY 399414 02-Nov-2016 MATERIALS 5,331.34 MONTGOMERY BROS./NORTHLAND SUPPLY 398765 12-Oct-2016 MATERIALS 7,175.61 MOON-MATZ LTD. 399161 26-Oct-2016 CONTRACT SERVICES 2,910.88 MOROCCO,JOHN 398972 19-Oct-2016 TRAVEUMILEAGE 197.64 MORTON,DALE 399415 02-Nov-2016 TRAVEUMILEAGE 643.14 MOUNT CARMEL(MONTROSE RD)DEVELOPMENTS INC 398766 12-Oct-2016 REFUND 5,220.12 MUILEBOOM LOT CLEARING 399162 26-Oct-2016 CONTRACT SERVICES 4,661.25 MULLER PROPERTIES INC 398768 12-Oct-2016 REFUND 1,528.43 MULLER'S WORKWEAR 398767 12-Oct-2016 MATERIALS 193.17 MULLER'S WORKWEAR 398973 19-Oct-2016 MATERIALS 327.64 MURPHY,DAN 398974 19-Oct-2016 REFUND 269.73 NATIONAL LEASING 399163 26-Oct-2016 LEASES AND RENTS 1,919.29 NEDERMAN CANADA LIMITED 398769 12-Oct-2016 MATERIALS 1,881.45 NIAGARA ANALYTICAL LABORATORIES INC 398770 12-Oct-2016 CONTRACT SERVICES 986.49 NIAGARA ANALYTICAL LABORATORIES INC 399164 26-Oct-2016 CONTRACT SERVICES 1,118.70 NIAGARA BATTERY&TIRE 399165 26-Oct-2016 MATERIALS 292.44 NIAGARA BATTERY&TIRE 398975 19-Oct-2016 MATERIALS 10,379.68 NIAGARA BATTERY&TIRE 399416 02-Nov-2016 MATERIALS 14,723.33 NIAGARA BLOCK INCORPORATED 398976 19-Oct-2016 MATERIALS 117.70 NIAGARA BLOCK INCORPORATED 399166 26-Oct-2016 MATERIALS 152.21 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00051-0001 31-Oct-2016 REMITTANCE 72,756.00 NIAGARA CHRYSLER DODGE JEEP 398977 19-Oct-2016 MATERIALS 1,210.79 NIAGARA CLIFTON GROUP BEEFEATER(NIAGARA)LTD 398978 19-Oct-2016 REFUND 500.00 NIAGARA CUSTOM POWDER COATING INC 399168 26-Oct-2016 MATERIALS 339.00 NIAGARA CUSTOM SIGNS&GRAPHICS 399167 26-Oct-2016 MATERIALS 81.36 NIAGARA CUSTOM SIGNS&GRAPHICS 398979 19-Oct-2016 MATERIALS 519.80 NIAGARA FALLS ART GALLERY 399169 26-Oct-2016 GRANT 2,783.35 NIAGARA FALLS HUMANE SOCIETY 398980 19-Oct-2016 REMITTANCE 80.00 NIAGARA FALLS HUMANE SOCIETY 399170 26-Oct-2016 GRANT 39,795.16 NIAGARA FALLS HYDRO HOLDING 398847 13-Oct-2016 REMITTANCE 6,750,000.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00046-0004 11-Oct-2016 PAYROLL REMITTANCE 7,870.48 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00050-0005 24-Oct-2016 PAYROLL REMITTANCE 18,067.84 NIAGARA FALLS PUBLIC LIBRARY 399417 02-Nov-2016 PETTY CASH 994.10 Page 8 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount NIAGARA FALLS RED RAIDERS BASKETBALL ASSOCIATION 399171 26-Oct-2016 GRANT 380.00 NIAGARA FALLS REVIEW 398983 19-Oct-2016 SUBSCRIPTION 1,067.21 NIAGARA FALLS TOURISM 399172 26-Oct-2016 GRANT 30,000.00 NIAGARA METER SERVICES INC. 399173 26-Oct-2016 CONTRACT SERVICES 4,769.17 NIAGARA METER SERVICES INC. 398771 12-Oct-2016 SERVICES 5,891.37 NIAGARA ON THE LAKE HYDRO INC 398981 19-Oct-2016 UTILITIES 173.99 NIAGARA PARKS COMMISSION 399174 26-Oct-2016 MATERIALS 22,500.00 NIAGARA PENINSULA ENERGY INC 398772 12-Oct-2016 UTILITIES 3,584.13 NIAGARA PENINSULA ENERGY INC 399418 02-Nov-2016 UTILITIES 5,906.26 NIAGARA PENINSULA ENERGY INC 398982 19-Oct-2016 UTILITIES 8,295.73 NIAGARA PENINSULA ENERGY INC 399175 26-Oct-2016 UTILITIES 259,132.13 NIAGARA REGIONAL BROADBAND NETWORK 399176 26-Oct-2016 CONTRACT SERVICES 9,350.63 NIAGARA RESORTS INC. 398773 12-Oct-2016 REFUND 7,011.36 NIAGARA SPRING SERVICE LTD 398984 19-Oct-2016 MATERIALS 209.98 NIAGARA THIS WEEK 399177 26-Oct-2016 ADVERTISING 676.31 NIAGARA THIS WEEK 399057 21-Oct-2016 ADVERTISING 4,607.58 NICK'S TRUCK PARTS INC. 398775 12-Oct-2016 MATERIALS 178.31 NORJOHN CONTRACTING&PAVING LTD 398986 19-Oct-2016 CONTRACT SERVICES 322,126.60 NORSTAN RESORTS INC 398776 12-Oct-2016 REFUND 18,656.29 NORTH-SOUTH ENVIRONMENTAL INC 398987 19-Oct-2016 CONTRACT SERVICES 794.23 NORTRAX CANADA INC. 398777 12-Oct-2016 MATERIALS 3,567.69 NOTARIANNI,DIANA 398778 12-Oct-2016 REFUND 750.00 NOVAQUIP LIFTING SYSTEMS INC. 399178 26-Oct-2016 SERVICES 827.36 OACETT 399419 02-Nov-2016 MEMBERSHIP 262.07 OATLEY,SHAWN 398779 12-Oct-2016 TRAVEUMILEAGE 155.00 O'HARA TRUCKING&EXCAVATING 398988 19-Oct-2016 CONTRACT SERVICES 23,555.48 OIL FILTRATION SPECIALISTS INC 399420 02-Nov-2016 MATERIALS 772.92 OMERS 399180 26-Oct-2016 PAYROLL REMITTANCE 36,362.22 OMERS 399179 26-Oct-2016 PAYROLL REMITTANCE 673,354.94 ONTARIO AGRA PIPING&SUPPLIES INC 399421 02-Nov-2016 MATERIALS 50.85 ONTARIO BUILDING OFFICIALS ASSOCIATION 399422 02-Nov-2016 ADVERTISING 130.44 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 398990 19-Oct-2016 REMITTANCE 21,469.59 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 399181 26-Oct-2016 CONTRACT SERVICES 37,762.42 ONTARIO ONE CALL 398989 19-Oct-2016 CONTRACT SERVICES 2,284.02 ONTARIO PARKS ASSOCIATION 398991 19-Oct-2016 CONTRACT SERVICES 500.46 ONTARIO SEED COMPANY LTD 398993 19-Oct-2016 SERVICES 4,737.53 OPTIMIST CLUB OF NIAGARA FALLS 399423 02-Nov-2016 REFUND 15,218.09 ORKIN CANADA CORPORATION 399424 02-Nov-2016 CONTRACT SERVICES 149.73 ORKIN CANADA CORPORATION 398992 19-Oct-2016 CONTRACT SERVICES 573.48 ORR,ROBERT 399183 26-Oct-2016 REFUND 179.95 ORSINI BROS INNS INC 399425 02-Nov-2016 REFUND 1,735.82 OVERLAND CUSTOM COACH(2007)INC. 398780 12-Oct-2016 MATERIALS 134.19 OVICS,ORI 399164 26-Oct-2016 REFUND 1,282.00 OXFORD,JEREMY 399185 26-Oct-2016 REFUND 102.34 PARADISE POOLS 398781 12-Oct-2016 MATERIALS 2,580.02 PARTSOURCE 399187 26-Oct-2016 MATERIALS 691.82 PATEL,MEETKUMAR 398962 19-Oct-2016 TRAVEUMILEAGE 101.52 PC AUTO ELECTRIC 399426 02-Nov-2016 CONTRACT SERVICES 127.01 PC AUTO ELECTRIC 398994 19-Oct-2016 MATERIALS 166.51 PENINSULA PEST CONTROL LTD 398995 19-Oct-2016 CONTRACT SERVICES 67.80 PENINSULA PEST CONTROL LTD 398782 12-Oct-2016 CONTRACT SERVICES 1,211.36 PENNER BUILDING CENTRE 398997 19-Oct-2016 MATERIALS 64.81 PENNER,AL 398996 19-Oct-2016 REFUND 500.00 PERFORMANCE AUTO GROUP 398998 19-Oct-2016 MATERIALS 998.61 PERRI-MED 398999 19-Oct-2016 MATERIALS 335.34 PERRI-MED 398783 12-Oct-2016 MEMBERSHIP 1,200.00 PETERS EXCAVATING INC 399000 19-Oct-2016 CONTRACT SERVICES 278,749.70 PHAN,NGOC 399188 26-Oct-2016 REFUND 107.65 PHILLIPS,LYALL 399189 26-Oct-2016 REFUND 66.00 PIC'S MOTOR CLINIC 399427 02-Nov-2016 MATERIALS 399.68 PINERIDGE TREE SERVICE LTD 399190 26-Oct-2016 CONTRACT SERVICES 2,847.60 PINERIDGE TREE SERVICE LTD 399428 02-Nov-2016 CONTRACT SERVICES 4,746.00 PINERIDGE TREE SERVICE LTD 399001 19-Oct-2016 CONTRACT SERVICES 11,390.40 PINEWOOD HOMES(NIAGARA)LTD 399002 19-Oct-2016 REFUND 35,000.00 PINEWOOD HOMES(NIAGARA)LTD 398784 12-Oct-2016 REFUND 80,000.00 POSNOV,SERGUEI&POSNOVA,NINA 398785 12-Oct-2016 REFUND 340.89 POSTMEDIA NETWORK INC 399191 26-Oct-2016 ADVERTISING 11,464.44 POTTHAST,FRED 399429 02-Nov-2016 MATERIALS 75.76 PRAXAIR 398786 12-Oct-2016 MATERIALS 136.70 PRAXAIR 399430 02-Nov-2016 MATERIALS 445.81 PREMIER EQUIPMENT LTD 399192 26-Oct-2016 MATERIALS 79.28 PREMIER EQUIPMENT LTD 398787 12-Oct-2016 MATERIALS 1,089.74 PREVOST 399003 19-Oct-2016 MATERIALS 845.71 PREVOST 399431 02-Nov-2016 MATERIALS 1,675.70 Page 9 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount PRIM8 GROUP INC 398685 12-Oct-2016 SERVICES 3,390.00 PRIMARY CARE NIAGARA-NIAGARA FALLS 398788 12-Oct-2016 CONTRACT SERVICES 270.00 PRINTING HOUSE LTD 399004 19-Oct-2016 MATERIALS 243.13 PRINTING HOUSE LTD 398789 12-Oct-2016 MATERIALS 497.20 PRISTANSKI,DOUGLAS&MCILRAVEY,LOUISE 399432 02-Nov-2016 REFUND 2,315.33 PRO BATTERY SHOPS 399193 26-Oct-2016 MATERIALS 1,219.50 PROJECT SHARE 399194 26-Oct-2016 GRANT 24,866.67 PROLOGUE TO THE PERFORMING ARTS 398790 12-Oct-2016 SERVICES 203.40 PROQUEST LLC 398791 12-Oct-2016 MATERIALS 342.72 PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 399005 19-Oct-2016 CONTRACT SERVICES 3,456.94 PROVOST,ROGER 398792 12-Oct-2016 REFUND 500.00 PSECO INC 399433 02-Nov-2016 MATERIALS 3,022.98 PUROLATOR COURIER 398793 12-Oct-2016 COURIER 9.70 PUROLATOR COURIER 399195 26-Oct-2016 COURIER 29.22 PUROLATOR COURIER 399006 19-Oct-2016 COURIER 82.91 PUROLATOR COURIER 399434 02-Nov-2016 COURIER 101.15 PVS CONTRACTORS 399435 02-Nov-2016 CONTRACT SERVICES 214.70 PVS CONTRACTORS 399007 19-Oct-2016 CONTRACT SERVICES 13,332.44 PVS CONTRACTORS 399196 26-Oct-2016 CONTRACT SERVICES 35,583.88 QILA RESTAURANT 399197 26-Oct-2016 REFUND 101.85 QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 399198 26-Oct-2016 MATERIALS 1,732.30 QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 399008 19-Oct-2016 MATERIALS 4,933.58 QUARTEK GROUP INC 399199 26-Oct-2016 CONTRACT SERVICES 2,237.40 QUINTE PLASTICS 399436 02-Nov-2016 MATERIALS 1,349.22 R J SMITH EQUIPMENT INC 398799 12-Oct-2016 MATERIALS 474.60 R J SMITH EQUIPMENT INC 399446 02-Nov-2016 MATERIALS 2,062.08 R W HAMILTON LTD. 399450 02-Nov-2016 MATERIALS 785.16 RACO AUTO SUPPLY LTD 399200 26-Oct-2016 STORES/INVENTORY 128.14 RACO AUTO SUPPLY LTD 399009 19-Oct-2016 STORES/INVENTORY 360.22 RACO AUTO SUPPLY LTD 398794 12-Oct-2016 STORES/INVENTORY 605.54 RACO AUTO SUPPLY LTD 399437 02-Nov-2016 STORES/INVENTORY 798.82 RAINBOW PURE WATER 399010 19-Oct-2016 MATERIALS 254.25 RAMPADO,CARM 398795 12-Oct-2016 REFUND 1,669.20 RANKIN CONSTRUCTION INC 399438 02-Nov-2016 MATERIALS 8,752.44 RANKIN CONSTRUCTION INC 399201 26-Oct-2016 CONTRACT SERVICES 947,434.93 RAOSAVLJEVICH,ROBIN 399202 26-Oct-2016 REFUND 133.57 RBC 399439 02-Nov-2016 REFUND 118.44 RBC LIFE INSURANCE COMPANY 399203 26-Oct-2016 REMITTANCE 1,860.74 REALTAX INC 399204 26-Oct-2016 CONTRACT SERVICES 1,101.75 REALTAX INC 398796 12-Oct-2016 CONTRACT SERVICES 2,661.15 REALTAX INC 399440 02-Nov-2016 CONTRACT SERVICES 4,435.25 RECEIVER GENERAL 399441 02-Nov-2016 REMITTANCE 429,874.09 RECEIVER GENERAL 399012 19-Oct-2016 REMITTANCE 455,084.23 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 399205 26-Oct-2016 MATERIALS 187.54 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 399013 19-Oct-2016 MATERIALS 544.21 REECE WOODWORKING 399443 02-Nov-2016 MATERIALS 198.88 REECE,NICOLE 399442 02-Nov-2016 REFUND 237.90 REFRIGERATION ENERGY SOLUTIONS LTD 399014 19-Oct-2016 CONTRACT SERVICES 1,635.68 REFRIGERATION ENERGY SOLUTIONS LTD 399207 26-Oct-2016 CONTRACT SERVICES 10,072.36 REFRIGERATION ENERGY SOLUTIONS LTD 398797 12-Oct-2016 CONTRACT SERVICES 12,336.99 REGIONAL MUNICIPALITY OF NIAGARA 00049-0002 17-Oct-2016 CONTRACT SERVICES 391.25 REGIONAL MUNICIPALITY OF NIAGARA 00046-0005 11-Oct-2016 CONTRACT SERVICES 11,458.18 REGIONAL MUNICIPALITY OF NIAGARA 00051-0002 31-Oct-2016 CONTRACT SERVICES 2,083,952.12 REGIONAL MUNICIPALITY OF NIAGARA 00048-0001 12-Oct-2016 CONTRACT SERVICES 2,155,974.24 REGIONAL MUNICIPALITY OF NIAGARA 00047-0002 14-Oct-2016 4TH QUARTER TAX LEVY 18,746,607.00 RICHARD CROSSMAN ENTERPRISES 398798 12-Oct-2016 SERVICES 750.00 RICHARD,KRYSTAL 399208 26-Oct-2016 REFUND 114.55 RICHARDSON,MARK 399015 19-Oct-2016 MATERIALS 150.00 RICHARDSON,MARK 399444 02-Nov-2016 TRAVEL/MILEAGE 646.92 RITCEY,JENNIFER 399209 26-Oct-2016 REFUND 222.17 RIVER REALTY DEVELOPMENT(1976)INC 399445 02-Nov-2016 REFUND 2,004.89 RIVERSIDE BRASS 399016 19-Oct-2016 MATERIALS 1,219.27 RK&ASSOCIATES 399210 26-Oct-2016 CONTRACT SERVICES 864.44 R-METRICS LTD. 399447 02-Nov-2016 MATERIALS 192.10 ROBAZZA,GIOVANNI&ROBAZZA,SERAFINA 399448 02-Nov-2016 REFUND 2,001.19 ROBINSON,CHARLOTTE 398800 12-Oct-2016 REFUND 283.55 ROCHESTER MIDLAND CANADA CORPORATION 398801 12-Oct-2016 MATERIALS 84.34 ROGERS WIRELESS INC 398802 12-Oct-2016 CONTRACT SERVICES 1,526.77 ROGERS WIRELESS INC 399017 19-Oct-2016 CONTRACT SERVICES 2,961.53 ROGERS,JESSICA 399211 26-Oct-2016 REFUND 1,000.00 RONNIES GENERATOR SERVICE LTD. 398803 12-Oct-2016 MATERIALS 817.98 ROTH,JAMIE LEE 399212 26-Oct-2016 REFUND 219.72 ROY,SUSAN 399214 26-Oct-2016 REFUND 155.12 ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND 399213 26-Oct-2016 DONATION 55.00 Page 10 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND 399018 19-Oct-2016 MATERIALS 75.00 ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND 399449 02-Nov-2016 DONATION 75.00 SACCO CONSTRUCTION LTD 399215 26-Oct-2016 CONTRACT SERVICES 13,257.73 SACCO CONSTRUCTION LTD 399019 19-Oct-2016 CONTRACT SERVICES 24,846.36 SACCO CONSTRUCTION LTD 398804 12-Oct-2016 CONTRACT SERVICES 27,436.65 SACCO,DOLORES 399451 02-Nov-2016 MATERIALS 175.15 SAFE STOR RECORDS MANAGEMENT 399216 26-Oct-2016 SERVICES 167.24 SAFETY KLEEN SYSTEMS INC 399452 02-Nov-2016 CONTRACT SERVICES 113.00 SANDERSON,DAVID&WINCHESTER,JACQUI 399453 02-Nov-2016 REFUND 85.12 SANT GEAR 399217 26-Oct-2016 SERVICES 52.27 SANI GEAR 398805 12-Oct-2016 SERVICES 113.85 SCHLACHTA,TRACY 399218 26-Oct-2016 MATERIALS 175.00 SCOTT BEST SEWER SERVICES 398806 12-Oct-2016 CONTRACT SERVICES 367.25 SCOTT BEST SEWER SERVICES 399454 02-Nov-2016 CONTRACT SERVICES 2,039.65 SCOTT CONSTRUCTION NIAGARA INC 399020 19-Oct-2016 CONTRACT SERVICES 124,760.47 SEALER WORKS INC. 399455 02-Nov-2016 CONTRACT SERVICES 5,931.19 SEAWAVES DEVELOPMENT SERVICES INC. 399456 02-Nov-2016 CONTRACT SERVICES 7,097.04 SEAWAY FLUID POWER GROUP 399021 19-Oct-2016 MATERIALS 71.19 SERVICEMASTER CLEAN OF NIAGARA 399219 26-Oct-2016 CONTRACT SERVICES 6,941.59 SEVER,UNAL&UYANIK,SENAY 398807 12-Oct-2016 REFUND 211.98 SEVERINO,VINCENZO FRANCESCO 398808 12-Oct-2016 REFUND 750.00 SHADOW GRAPHIC 399022 19-Oct-2016 MATERIALS 931.36 SHAHNAZ,ASMAT&HUSSAIN,WAHAB 398809 12-Oct-2016 REFUND 104.82 SHERRARD KUZZ LLP 398810 12-Oct-2016 CONTRACT SERVICES 4,379.88 SHERRARD KUZZ LLP 399023 19-Oct-2016 CONTRACT SERVICES 17,308.78 SHRED IT INTERNATIONAL ULC 398811 12-Oct-2016 SERVICES 214.20 SIGNATURE SIGNS 399457 02-Nov-2016 MATERIALS 44.33 SIGNATURE SIGNS 399220 26-Oct-2016 MATERIALS 1,356.00 SIMPLISTIC LINES INC 399024 19-Oct-2016 CONTRACT SERVICES 3,490.46 SIRIANNI,PATRICK 398813 12-Oct-2016 MATERIALS 322.87 SIX NATIONS OF THE GRAND RIVER DEVELOPMENT 399458 02-Nov-2016 MATERIALS 2,340.00 SNAP NIAGARA FALLS 399221 26-Oct-2016 ADVERTISING 293.80 SNAP ON TOOLS OF CANADA LTD 399025 19-Oct-2016 MATERIALS 112.94 SPARTAN RESCUE INC. 398814 12-Oct-2016 MATERIALS 813.15 SPEARE SEEDS 399026 19-Oct-2016 MATERIALS 5,040.93 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 399460 02-Nov-2016 MATERIALS 713.29 ST JOHN AMBULANCE 399227 26-Oct-2016 GRANT 2,741.67 ST JOHN AMBULANCE 399228 26-Oct-2016 GRANT 34,910.75 ST ONGE,BILL 399030 19-Oct-2016 MATERIALS 80.00 STAMFORD HOME HARDWARE 399459 02-Nov-2016 MATERIALS 82.48 STAMFORD HOME HARDWARE 399223 26-Oct-2016 MATERIALS 635.97 STAMFORD MEDICAL CENTRE 398815 12-Oct-2016 REFUND 1,859.52 STANGL'S ENVIRO LAWN CARE 398816 12-Oct-2016 SERVICES 152.55 STAPLES ADVANTAGE 399224 26-Oct-2016 MATERIALS 753.75 STAPLES ADVANTAGE 398817 12-Oct-2016 MATERIALS 838.57 STAPLES ADVANTAGE 399027 19-Oct-2016 MATERIALS 897.24 STARBUCKS COFFEE CANADA 399028 19-Oct-2016 REFUND 125.39 STEVENSVILLE LAWN SERVICE INC 399029 19-Oct-2016 CONTRACT SERVICES 75,227.96 STEWART,SHIRLEY 399226 26-Oct-2016 REFUND 173.70 STORAGE NIAGARA 399229 26-Oct-2016 MATERIALS 644.10 STRANGES,LOU 399031 19-Oct-2016 TRAVEUMILEAGE 138.29 SUN BADGE COMPANY US DRAFT 13-Oct-2016 MATERIALS 55.75 SUN LIFE ASSURANCE COMPANY OF CANADA 00051-0003 31-Oct-2016 PAYROLL REMITTANCE 7,843.54 SUN LIFE ASSURANCE COMPANY OF CANADA 00046-0006 11-Oct-2016 PAYROLL REMITTANCE 412,178.40 SUN LIFE ASSURANCE COMPANY OF CANADA-BILLING AND COI 398819 12-Oct-2016 REMITTANCE 1,366.47 SUNCOR ENERGY PRODUCTS PARTNERSHIP 398818 12-Oct-2016 FUEL 36,856.26 SUNCOR ENERGY PRODUCTS PARTNERSHIP 399230 26-Oct-2016 FUEL 79,580.71 SUNCOR ENERGY PRODUCTS PARTNERSHIP 399461 02-Nov-2016 FUEL 82,611.22 SUPERIOR LAUNDRY SERVICE LTD. 399462 02-Nov-2016 CONTRACT SERVICES 24.30 SUPERIOR LAUNDRY SERVICE LTD. 398820 12-Oct-2016 CONTRACT SERVICES 141.82 SUPERIOR LAUNDRY SERVICE LTD. 399032 19-Oct-2016 CONTRACT SERVICES 222.62 T&C HOLDINGS LIMITED 399033 19-Oct-2016 REFUND 31,129.19 TALK WIRELESS INC 399231 26-Oct-2016 CONTRACT SERVICES 945.81 TALK WIRELESS INC 399463 02-Nov-2016 CONTRACT SERVICES 1,342.81 TAXITAB 399232 26-Oct-2016 CONTRACT SERVICES 6,913.44 TECHNICAL STANDARDS&SAFETY AUTHORITY 398821 12-Oct-2016 CONTRACT SERVICES 257.08 TECHNICAL STANDARDS&SAFETY AUTHORITY 399233 26-Oct-2016 CONTRACT SERVICES 514.16 TELUS COMMUNICATIONS COMPANY 399034 19-Oct-2016 UTILITIES 796.65 TELUS COMMUNICATIONS COMPANY 398822 12-Oct-2016 MATERIALS 1,621.55 TELUS COMMUNICATIONS COMPANY 399234 26-Oct-2016 SERVICES 1,658.16 TELUS COMMUNICATIONS COMPANY 398823 12-Oct-2016 CONTRACT SERVICES 7,584.39 TENAQUIP LIMITED 399235 26-Oct-2016 MATERIALS 146.45 TENAQUIP LIMITED 398824 12-Oct-2016 MATERIALS 279.90 THE AGENCY GROUP WIRE 04-Nov-2016 DEPOSIT 35,000.00 Page 11 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount THOMAS,TRACEY 399243 26-Oct-2016 REFUND 631.00 THOMAS-CLAPP,SUE 399464 02-Nov-2016 TRAVEUMILEAGE 16.20 THOS.R.BIRNIE&SONS 399465 02-Nov-2016 REFUND 750.00 THYSSENKRUPP ELEVATOR(CANADA)LIMITED 399236 26-Oct-2016 CONTRACT SERVICES 841.85 TIERCEL TECHNOLOGY CORPORATION 399186 26-Oct-2016 MATERIALS 3,955.00 TIM HORTON'S STORE 1922 399466 02-Nov-2016 MATERIALS 147.26 TIM L DOBBIE CONSULTING LTD 398825 12-Oct-2016 CONTRACT SERVICES 7,560.29 TINGEY,CHRIS 399237 26-Oct-2016 MATERIALS 175.00 TODD,DAVID&TODD,HEATHER 399467 02-Nov-2016 REFUND 162.22 TODD,KEN 399035 19-Oct-2016 TRAVEUMILEAGE 343.44 TOMAHAWK TREE SERVICE 399036 19-Oct-2016 CONTRACT SERVICES 678.00 TOOLBOX 398826 12-Oct-2016 MATERIALS 779.46 TOPLIFFE,JEANETTE 399037 19-Oct-2016 TRAINING 209.05 TORBRAM ELECTRIC SUPPLY 399038 19-Oct-2016 MATERIALS 137.18 TORBRAM ELECTRIC SUPPLY 399238 26-Oct-2016 MATERIALS 251.56 TOROMONT INDUSTRIES LTD 399039 19-Oct-2016 MATERIALS 129.11 TOROMONT INDUSTRIES LTD 398827 12-Oct-2016 MATERIALS 1,552.55 TOROMONT INDUSTRIES LTD 399468 02-Nov-2016 MATERIALS 1,954.71 TOTA,TRISTAN 399239 26-Oct-2016 GRANT 1,000.00 TOUCHSTONE SITE CONTRACTORS 399240 26-Oct-2016 MATERIALS 4,661.25 TRANSAXLE PARTS(HAMILTON)INC. 398828 12-Oct-2016 STORES/INVENTORY 202.27 TRANSAXLE PARTS(HAMILTON)INC. 399241 26-Oct-2016 MATERIALS 254.36 TRANSAXLE PARTS(HAMILTON)INC. 399469 02-Nov-2016 MATERIALS 712.24 TRAP DOC INC. 399470 02-Nov-2016 CONTRACT SERVICES 160.69 TRAPEZE SOFTWARE ULC 399242 26-Oct-2016 CONTRACT SERVICES 28,621.49 TWARDAWSKY,NICK 398829 12-Oct-2016 TRAVEUMILEAGE 120.96 TYERS,REBECCA 399040 19-Oct-2016 REFUND 138.30 UCC INDUSTRIES INTERNATIONAL INC 398830 12-Oct-2016 MATERIALS 1,275.94 UCC INDUSTRIES INTERNATIONAL INC 399244 26-Oct-2016 MATERIALS 3,618.83 ULINE CANADA CORPORATION 398831 12-Oct-2016 MATERIALS 735.80 UNITED ROTARY BRUSH CORPORATION OF CANADA 399042 19-Oct-2016 MATERIALS 1,127.18 UNITED WAY 399041 19-Oct-2016 PAYROLL REMITTANCE 898.00 UPPER CANADA CONSULTANTS 399245 26-Oct-2016 CONSULTING SERVICES 2,572.78 URBAN&ENVIRONMENTAL MANAGEMENT INC 399471 02-Nov-2016 CONTRACT SERVICES 3,868.84 URBAN&ENVIRONMENTAL MANAGEMENT INC 399246 26-Oct-2016 CONTRACT SERVICES 24,670.73 V GIBBONS CONTRACTING LTD 398925 19-Oct-2016 SERVICES 2,876.60 V GIBBONS CONTRACTING LTD 399058 24-Oct-2016 CONTRACT SERVICES 182,569.24 VADIM COMPUTER MANAGEMENT GROUP LTD 399472 02-Nov-2016 SERVICES 2,311.65 VALLEN 399247 26-Oct-2016 MATERIALS 370.76 VALLEN 399043 19-Oct-2016 MATERIALS 491.55 VALLEN 398833 12-Oct-2016 MATERIALS 957.68 VAN HOUTTE COFFEE SERVICES INC 399473 02-Nov-2016 MATERIALS 141.87 VAN HOUTTE COFFEE SERVICES INC 398834 12-Oct-2016 MATERIALS 228.10 VANDENDOOL JEWELLERS 399044 19-Oct-2016 MATERIALS 491.55 VECCHIO ORNAMENTAL IRON LIMITED 398835 12-Oct-2016 REFUND 313.23 VECTOR TOOLING 399474 02-Nov-2016 CONTRACT SERVICES 745.80 VENERINO V.P.PANIC!ARCHITECT INC. 399248 26-Oct-2016 CONTRACT SERVICES 8,467.10 VIKING CIVES LTD 399475 02-Nov-2016 MATERIALS 4,250.20 WAGNER,JAMES 399046 19-Oct-2016 REFUND 750.00 WAJAX EQUIPMENT#30 399249 26-Oct-2016 MATERIALS 367.17 WAJAX EQUIPMENT#30 399047 19-Oct-2016 MATERIALS 581.59 WAJAX EQUIPMENT#30 399476 02-Nov-2016 STORES/INVENTORY 621.13 WAJAX EQUIPMENT#30 398836 12-Oct-2016 MATERIALS 3,195.70 WAJAX POWER SYSTEMS 399250 26-Oct-2016 STORES/INVENTORY 1,141.51 WAJAX POWER SYSTEMS 399048 19-Oct-2016 STORES/INVENTORY 1,648.89 WALKER AGGREGATES INC 398837 12-Oct-2016 MATERIALS 3,862.84 WALKER AGGREGATES INC 399477 02-Nov-2016 MATERIALS 7,085.17 WALKER AGGREGATES INC 399049 19-Oct-2016 MATERIALS 15,092.66 WALKER ENVIRONMENTAL GROUP INC. 399251 26-Oct-2016 MATERIALS 44.82 WALKER ENVIRONMENTAL GROUP INC. 399478 02-Nov-2016 MATERIALS 166,84 WARCHALA,MICHAEL 399252 26-Oct-2016 TRAVEUMILEAGE 185.22 WASHINGTON,DEBORAH 399051 19-Oct-2016 TRAVEUMILEAGE 100.00 WASTE MANAGEMENT 399253 26-Oct-2016 CONTRACT SERVICES 115.31 WATSON,ROBERT&WATSON,JANICE 399479 02-Nov-2016 REFUND 183.26 WEINMANN ELECTRIC LIMITED 399480 02-Nov-2016 CONTRACT SERVICES 16,274.22 WELDDARE METAL WORKS LTD 398838 12-Oct-2016 CONTRACT SERVICES 361.60 WELDDARE METAL WORKS LTD 399254 26-Oct-2016 MATERIALS 671.22 WELDDARE METAL WORKS LTD 399052 19-Oct-2016 MATERIALS 3,169.65 WELMAR RECREATIONAL PRODUCTS 399255 26-Oct-2016 MATERIALS 4,979.89 WESCO DISTRIBUTION CANADA INC 399481 02-Nov-2016 STORES/INVENTORY 446.87 WESTPIER MARINE&INDUSTRIAL SUPPLY INC. 399256 26-Oct-2016 MATERIALS 1,042.49 WHITE,DAVID 398839 12-Oct-2016 MATERIALS 150.00 WHITEHOTS INC. 399257 26-Oct-2016 MATERIALS 98.29 WHITEHOTS INC. 399482 02-Nov-2016 MATERIALS 4,931.09 Page 12 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount WHITELEY,TREVOR HOWARD 399483 02-Nov-2016 REFUND 750.00 WILSON,STEVE 399484 02-Nov-2016 MATERIALS 175.00 WINTER FESTIVAL OF LIGHTS 399258 26-Oct-2016 GRANT 28,500.00 WOLSELEY CANADA INC. 398841 12-Oct-2016 MATERIALS 3,329.90 WOMEN'S PLACE OF SOUTH NIAGARA INC 399259 26-Oct-2016 GRANT 1,612.50 WORK AUTHORITY 399485 02-Nov-2016 MATERIALS 134.46 WORK AUTHORITY 399054 19-Oct-2016 MATERIALS 300.00 WORK AUTHORITY 399260 26-Oct-2016 MATERIALS 467.26 WORK EQUIPMENT LTD 399486 02-Nov-2016 CONTRACT SERVICES 2,279.51 WORK TRUCK WEST 399487 02-Nov-2016 MATERIALS 162,607.00 WSIB 399261 26-Oct-2016 REMITTANCE 757.26 WSIB 398842 12-Oct-2016 REMITTANCE 2,852.15 WSIB 399488 02-Nov-2016 REMITTANCE 19,988.55 WSIB 399265 28-Oct-2016 REMITTANCE 32,668.41 WTH CAR RENTAL ULC 398843 12-Oct-2016 REFUND 35.00 XEROX BUSINESS SERVICES LLC US DRAFT 13-Oct-2016 CONTRACT SERVICES 4,610.00 XPLORNET COMMUNICATIONS INC 399489 02-Nov-2016 SERVICES 86.02 YMCA OF NIAGARA 398845 12-Oct-2016 UTILITIES 419.59 YMCA OF NIAGARA 399263 26-Oct-2016 CONTRACT SERVICES 7,365.90 YUAN,JUN 398846 12-Oct-2016 REFUND 1,187.87 YWCA NIAGARA REGION 399264 26-Oct-2016 GRANT 4,277.75 ZAMBONI COMPANY LTD 399490 02-Nov-2016 MATERIALS 2,133.52 Total 39,309,540.57 F-2016-43 NiagaraJalls November 22, 2016 torr,inn REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2016-43 Monthly Tax Receivables Report— October RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of October 31, 2016 were $28.8 million compared to $28.7 million in 2015. During October, tax receivables as a percentage of taxes billed decreased from 16.3% in 2015 to 16.1% in 2016. The City's finance staff has had continued success in resolving properties that are subject to registration for 2016. At this stage, 92.0% of properties have developed payment arrangements or have paid in full. There are currently twenty-four 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 lags slightly behind the collection history for 2015. Table 1 shows that taxes outstanding at October 31, 2016 are $28.8 million. This represents a slight increase from $28.7 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 increased from a year ago, whereas the residential property class has decreased. 2 F-2016-43 November 22, 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 ten months of activity. This table shows 92.0% of the tax accounts or 367 properties have been paid in full or the owners have made suitable payment arrangements. During October, nineteen accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 89.9% (Sep) to 92.0% (Oct). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of October, six properties were registered. The outstanding taxes for registered properties represents 1.75% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at October 31, 2016 is 16.1% which is a decrease from 2015's value of 16.3%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at October 31, 2016 Table 2 Taxes Receivable by Property Class at October 31, 2016 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties / I �j Recommended by: Todd Harrison, Director o Finance Respectfully submitted: p Y Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes'Receivable Owing at October 31,2016 2016 '''', -2015 "= Outstanding Taxes @ September 30,2016 $ 22,873,343 $ 24,691,847 Taxes Billed and Due October 31,2016 $ 23,203,990 $ 22,887,588 Supplemental Due October 31,2016 $ 911,124 $ 386,573 Penalty charged in October $ 224,635 $ 217,922 Taxes Collected during October $ 18,454,756 $ 19,436,950 Outstanding Taxes @ October 31,2016 $ 28,758,336 $ 28,746,980 Supplemental Due November 30,2016 $ 911,123 $ 386,573 Taxes Past to be Collected $ 29,669,459 $ 29,133,553 TABLE 2 Taxes Receivable by Property Class as at October 31,2016 2016 %of Class 2015 %of Class Taxes Owing Taxes Owing Residential $ 16,184,988 54.55% $ 16,554,949 56.82% Multi-Residential $ 599,772 2.02% $ 890,577 3.06% Commercial $ 11,936,816 40.23% $ 10,829,346 37.17% Industrial $ 882,117 2.97% $ 806,093 2.77% Farmlands $ 65,766 0.22% $ 52,588 0.18% Total Receivables $ 29,669,459 100.00% $ 29,133,553 100.00% TABLE 3 Properties Properties Subject to Subject to, -% Registration ` Registration as.at September 30, 2016 as at October 31,E 2016 Initial Amount 399 399 Paid in Full 127 146 36.6% Payment Arrangements 232 221 55.4% Ongoing Collection 35 22 5.5% Action Registered 5 10 2.5% 399 399 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of ` Outstanding, Date; Properties Amount November 2016 2 $ 9,492 May 2017 8 $ 178,780 November 2017 14 $ 330,840 Totals 24 $ 519,112 F-2016-44 Niagarajlalls November 22, 2016 reran REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2016-44 Treasurer's Write Off Report RECOMMENDATION That the property tax accounts listed in Table I be written off and expensed in 2016. EXECUTIVE SUMMARY The City of Niagara Falls is responsible for billing and collecting property taxes on all assessable properties within the municipality. These annual billings include the annual taxes for the City, for the Region of Niagara and for the appropriate local school boards. The City is charged with the responsibility of collecting said amounts. From time to time the City is faced with the situation where tax collection options have been exhausted. The total amount to be written off is $538,969 with allocations to be made to the City, the Region and School Board revenue. The City's portion will be funded in the allowance for tax write offs and will be adequate to account for the City's proportionate share of$286,422. The amount of write offs in this report is greater than other years, as the write off includes an amount for the Boys and Girls property. As Council may be aware, staff had requested the agency seek private legislation that would address the assessment of the property. This provincial legislation was approved and enacted in 2016. BACKGROUND The City's Finance Division conducted a tax sale in May 2016. Tax sales are conducted as the final step after all other collection actions have been exhausted. As a part of the tax collection procedure, staff continues to actively pursue delinquent property owners who fail to pay taxes for their property. In most cases, the property owner will pay the balance owing but in some cases a tax sale is required to resolve the outstanding taxes. Tax sales in 2016 relate to properties that were registered in 2014. In May and July 2016, six properties were scheduled for tax sale. Of these, two were sold, three were redeemed and one resulted in a failed tax sale. A failed tax sale is one in which no bidders provide a submission for the tendered price amount. The failed tax sale properties will become the City's property in 2016. 2 F-2016-44 November 22, 2016 ANALYSIS/RATIONALE Section 354 (2) and 354 (3) of The Municipal Act, 2001 provides for the Treasurer of a local municipality to remove unpaid taxes from the tax roll and may write off taxes after an unsuccessful tax sale. Section 354 (2) of The Municipal Act states that "The Treasurer of a local municipality shall remove unpaid taxes from the tax roll if, (a) the council of the local municipality, on the recommendation of the treasurer, writes off the taxes as uncollectible, or (b) the taxes are no longer payable as a result of tax relief under Section 319, 345, 357, 358, 362, 364, 365, 365.1 or 365.2 or a decision of any court". Section 354 (3) of The Municipal Act states that "A local municipality may only write off taxes under clause (2) after an unsuccessful tax sale under PART XI and may at that point write off the taxes whether or not the property vests in the municipality under that Part". Since City properties are not subject to property taxation, the City must write off taxes owing. Similarly, the Region and School Board taxes are written off and adjusted in the year end reconciliation with those bodies. Therefore, the properties listed in Table 1 should be written off. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As stated, from time to time, staff will identify amounts that cannot be collected. The 2016 General Purposes Budget includes an allowance for taxes that are deemed uncollectible. Table 1 identifies an amount of $538,969 to be written off, which includes amounts for the City, Region and School Boards. The actual City portion is $286,422. The balance of$252,547 will be recovered from the Region and the School Boards. Once the property taxes are written off, staff will be able to vest the properties to avoid future taxation. Ownership of the properties listed will be subsequently reviewed and a decision will be determined as to whether the properties in question should be retained, or whether these should be deemed surplus land and subsequently sold. In 2016, the Boys and Girls Club was successful in their bid, in cooperation with the local MPP, in enacting private legislation that resulted in an exemption of property taxes 3 F-2016-44 November 22, 2016 for the property. The legislation allows the municipality to write off outstanding amounts from previous years and makes the property exempt from taxation for future years. This matter had arisen in previous years and staff had recommended the agency seek legislative remedies. As the agency fulfilled this request, staff recommend the course of action outlined. LIST OF ATTACHMENTS Table 1 List of Properties to be Written Off 11' !! Recommended by: alp, Todd Harrison, D ector o• Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Table 1 List of Propertieslko be Written Roll No. Name&Address Amount Reason 020 009 04120 0000 Kwak, Moonyong $590.14 Assessed 5438 Elm St Kwak, Bunja incorrectly, should 5124 Morrison Street be Exempt, Niagara Falls ON L2E 2E1 City property 040 001 06602 0000 586112 Ontario Limited $6,009.86 Duplicate ss - Mountain Rd 7094 York Drive assessment, Niagara Falls ON L2E 7A3 Roll #to be deleted 110 002 07420 0000 Boys & Girls Club of Niagara $526,551.31 New Legislation 8800 McLeod Rd 8800 McLeod Road in 2016 to RR 2 Exempt taxes Niagara Falls ON L2H 0Y8 130 001 05100 0000 McGough, Keith Francis $5,817.96 Failed Tax Sale Niagara River Pky McGough, Mary Grace May 2016, to 12549 Niagara River Pky vest with City RR 3 Niagara Falls ON L2E 6S6 Total $538,969.27 Niaara palls FS-2016-06 g .F�,,1s November 22, 2016 • REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2016-06 Fire Department— Emergency Purchase of a Fire Pumper RECOMMENDATION 1. That the Fire Chief, in conjunction with Supply & Services, be authorized to negotiate the purchase of a demo fire pumper, up to a maximum of $500,000 plus applicable taxes; and 2. That the funding for the purchase be allocated from a pre-approval of 2017 Capital Budget. EXECUTIVE SUMMARY Niagara Falls Fire Department operates 14 front line fire apparatus to ensure the proper coverage for the City of Niagara Falls. These front line apparatus must be newer than 15 years old to maintain our current Underwriter's Insurance rating for our citizens. However, in order to have continuous coverage we also must maintain three (3) fire apparatus in reserve, which typically are in the range of 15 to 20 years old, with all the servicing done by the City's mechanical division. During a recent routine inspection of our 2000 Smeal Fire apparatus, the following was noted to be deficient: ➢ structural frame supports • needs new water pump - Hale pump ➢ piping leaking ➢ engine is weak and smokes ➢ ladder circle is worn out ➢ water valves need to be rebuilt ➢ hydraulic system has leaking cylinders ➢ hydraulic pump is weak ➢ hose loader carrier needs to be rebuilt and restructured As a result of the above deficiencies being identified, and the fact that we cannot rely on this vehicle as a response apparatus, it has been determined that this vehicle is beyond 2 FS-2016-06 November 22, 2016 repair and unlikely to pass a safety inspection; therefore, it is recommended by our mechanical division to replace the apparatus immediately. ANALYSIS/RATIONALE Under normal circumstances with apparatus replacement, the Fire Department will develop a detailed vehicle specification for its use then follow the City's Request for Proposal (RFP) process to order the apparatus. However, this process takes approximately 18 months to complete and costs approximately $650,000 which will force our current level of service to our community to decline. FINANCIAL/STAFFING/LEGAL IMPLICATIONS An immediate requirement to purchase the new truck is to maintain an adequate fleet complement. The normal purchasing process cannot be followed due to the immediate needs. Staff recommends that the funding for the vehicle be made from a pre-approval of 2017 Capital Budget. CITY'S STRATEGIC COMMITMENT This purchase will allow us to maintain our current level of service by providing seamless response capabilities for emergencies, reducing municipal liability and providing for a safe and healthy community. Recommended by: ` m Boutilier, Fire Chief Respectfully submitted: g'kjiliti\-9 Ken Todd, Chief Administrative Officer J. Boutilier:tc MW-2016-47 Nia ara■/��7alls November 22, 2016 ✓ LANdl,, REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-47 Assumption of Various Subdivisions RECOMMENDATION That City Council formally assume Deerfield Estates (Phases 2-7), Deerfield Estates (Phases 8) and Marinelli Estates Subdivisions. EXECUTIVE SUMMARY Final assumption of the subdivisions referenced herein is recommended on the basis that the respective developers have fulfilled their obligations under the Subdivider's Agreement. Upon final assumption, all remaining securities shall be released to the Subdividers and the City shall assume responsibility for the operation and maintenance of the municipal infrastructure within the subdivisions. According to the terms in the Subdivider's Agreement, the City shall issue a `Certificate of Assumption' for the following subdivisions: Subdivision Registration Plan Deerfield Estates — Phases 2 - 7 59M-354 Deerfield Estates — Phase 8 59M-376 Marinelli Estates 59M-393 BACKGROUND Subdivider Agreements are entered into between the developer of a new subdivision and the City to ensure that the requirements of the City and external agencies are satisfied and that securities are provided where necessary. The Agreements outline the developer's obligations to ensure that municipal infrastructure is constructed in accordance with the approved engineering drawings and in compliance with applicable standards. Prescribed maintenance periods are defined to ensure that construction deficiencies are identified and remedied prior to the City assumption. Final assumption defines that date when remaining securities are released to the Subdivider and all maintenance and operation responsibilities of the municipal infrastructure within the subdivision is assumed by the City. 2 MW-2016-47 November 22, 2016 Following formal assumption and in accordance with the terms within the Subdivider's Agreement, the City shall issue a `Certificate of Assumption' to the respective Subdividers. ANALYSIS/RATIONALE The developers have fulfilled the obligations as described within their respective Subdivider Agreements and as such the following subdivisions are recommended for Final Assumption: File Subdivision Registration Plan 2005-338 Deerfield Estates — Phases 2 - 7 59M-354 2009-343 Deerfield Estates — Phase 8 59M-376 2011-347 Marinelli Estates 59M-393 The municipal infrastructure within these subdivisions has been inspected and deemed to have been constructed in accordance with the approved engineering drawings and in compliance with applicable standards. The required construction maintenance periods have expired. New Municipal Infrastructure (Assets) Through the assumption of the noted subdivisions, the City will assume responsibility for the operation and maintenance of the municipal infrastructure summarized below. Length of Municipal Asset (m) Subdivision Roads Sidewalks Storm Sanitary Watermain Sewer Sewer Deerfield Estates 2,213 1,328 2,215 2,229 2,472 Phases 2 -7 Deerfield Estates 643 562 683 678 732 Phase 8 Marinelli Estates 264 N/A 189 203 294 Total Length 3,120 1,890 3,088 3,111 3,499 of Asset (m): FINANCIAL/STAFFING/LEGAL IMPLICATIONS Following the formal assumption of the subdivisions as described herein, a Certificate of Assumption will be issued to the respective Subdividers and all remaining securities shall be released. 3 MW-2016-47 November 22, 2016 Operations staff will be advised of the subdivision assumptions and circulated infrastructure details for maintenance purposes. CITY'S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan - Deerfield Estates - Phases 2—7 2. Location Plan - Deerfield Estates— Phase 8 3. Location Plan - Marinelli Estates Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: 11/41-1 \91- Ken Todd, Chief Administrative Officer Sherri-Marie Millar, P.Eng. MW-2016-47 Attachment 1 — Site Plan Deerfield Estates Phases 2-7 1 I is ! ., u, '" w � {j- 131 i ,°] 1 lu :05'1, I 11l L..-1- ' . f„„,, ,, l Phas 4 O N .ter=1.; -w Phase 1 Iw�ul�ro I "/" «� « { FotEsrvI w eivo _e • i w. 1P 161,'x.lu ItO Icl �IflCt11� 6400,1T! • 161 • I - !-.*^ I I A "^• IN l� ,M 11°,i Ix , x :u O I • t 1 :'t3 tl .,. 1, ,� :,: ARftELINA CRES Pit - 1,t RS , 91 164 . ,s1 1!1 1,! » iii „ I ,1 ,- ti, l ,: 361 - I °1 w, ' .l 41 Y GLA ::: : RN bi b 5 1 M;. 1 of .,w7 2lrtt F111 •T 11° IG1 1 1 ,.._ , 161 _. i. IS' 1.64 1 I '” y 'n:/Im J , K' /is . i, i1 ® t" 1 ' 1b '`.Y�1 j� ,v,, p X1 1�- 1n -I :, I 264I -4, Phase , .phase 3•, Joss CL w 1 ,1 .I r X11 _1i tl1 343 \ ' -. 111 tl „ /Y1 11 ,I ill (N)1113' ,, -. lts '4i 't I 1 I I MILOMIR ST .. ' r � I�ra�r l '� 1 ' ; � i116\\ I 11 ' 1 MW-2016-47 Attachment 2 — Site Plan Deerfield Estates Phase 8 Block65 Bork 66 Block 61S Block 67 Block 64 42 I X1 '40139,38 3735 34'31:32!31361, r--1Pr �3 ` N 3D 29 as-4a, � as — ^. i KELSEY yr t kE5 �.-- 51 ;52 Si, 54 61 6� ; (v, -- + 6 fi 5 4 3 2 f r j a �3 S /57 b 59 rri 58 Y rri z 7 rr' MW-2016-47 Attachment 3 - Site Plan Marinelli Estates 4L Qtz -----T `---,.,_______j_ g Ili -'"'- MOUNTAIN RD w if /11 A ____ , ,....„, il c) -NN„ 14474, 1 44., , o 7--Nx poi 1 471° O # 41?1) lir. irappi 1{�C� o4? IIII Itt i „:,,, Top,,, # t, ,A. , ->N;NJ 12 ......„---------------------' P MW-2016-49 Niagaraj7alls November 22, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-49 Mewburn Road Bridge Revised Cost Sharing Proposal RECOMMENDATION 1. That Council accept the new funding commitment from CN Railway Company to reconstruct the Mewburn Road Bridge; and 2. That staff be directed to confirm previous funding commitments from the Town of Niagara-on-the-Lake and the Niagara Region; and further, 3. That staff be directed to proceed with the engineering design and cost estimates to construct a new structure as identified through the Class EA process completed June 2010. EXECUTIVE SUMMARY The Mewburn Road Bridge has been closed since April 2009. CN committed to replace their structure to the existing level of service and has offered both "in-kind" and "cash in-lieu" options. Council has previously adopted a position that CN should be responsible for the costs associated with the replacement to a standard this is more representative of the correct needs. Recent discussions have resulted in CN's agreement to contribute a more reasonable 50% share, to a maximum of $1.5 million, of the project cost. The purpose of this report is to request Council's consideration of the new proposal and to receive directions to advance the engineering design phase and confirm funding commitments from the Town of Niagara-on-the-Lake and the Niagara Region. BACKGROUND At its meeting on October 8th, 2013, City Council adopted the staff recommendation to - 2 - MW-2016-49 accept a proposal from CN to proceed with the replacement of the Mewburn Road Bridge at its full expense. The proposal involved the replacement of the existing bridge with new structure designed to meet the existing level of service, i.e. substandard width and load capacity. The rationale for this decision was based on the need to re-establish some public use of the structure (albeit, limited) in the earliest time frame. Ongoing efforts to advance the project to the construction phase with CN have now resulted in a reconsideration of their previous position regarding a cost shared solution. During previous negotiations, CN determined that their costs to construct a bridge that met the current level of service should be capped at $578.000. More recently, CN has agreed to contribute an amount up to $1.5 million as their share of the costs. ANALYSIS/RATIONALE The revised cost sharing proposal makes the replacement of the bridge to new standards more viable and provides the City, Town and Region with a more practical long-term solution. For this reason, staff recommends that we move quickly to accept the new funding arrangement with CN and confirm the previous commitments made by the Town of Niagara-on-the-Lake and Niagara Region. Niagara-on-the-Lake has previously indicated funding of $250,000 and the Region has indicated a partnership in the remaining funding. The estimated cost of building the new bridge was $2.6 million in 2010 and a more accurate cost estimate will be needed to finalize the cost-sharing formula. It is important that the detailed engineering design be completed as soon as possible. Given the time required to prepare the design and obtain all necessary approvals, construction cannot commence until the spring of 2018. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the engineering design phase of this project was approved previously and can proceed without impacting the 2017 Capital Budget process. Funding of the construction phase will require consideration in the 2018 budget deliberation. CITY'S STRATEGIC COMMITMENT The staff recommendation is consistent with Council's Strategic Priority for Economic Vitality, Infrastructure Sustainability, Financial Stability and Sustainable Transportation. - 3 - MW-2016-49 LIST OF ATTACHMENTS 1. MW-2013-48, October 8, 2013 2. Preferred Design Concept (located in the EA report, Fig 4.1) Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: 4114/\t- Ken Todd, Chief Administrative Officer Geoff Holman MW-2013-48 Niagara)g11s October 8, 2013 f1\AUA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario The recommendation(s) al Works containedadin this report were SUBMITTED BY: Municipal adopted by City Council SUBJECT: MW-2013-48 Mewburn Road Bridge Project Status Update RECOMMENDATION That Council accept the proposal from CN to proceed with the replacement of the Mewburn Road Bridge at its full expense; and further that the Niagara Region and Town of Niagara- on-the-Lake be advised of its decision. EXECUTIVE SUMMARY The Mewburn Road Bridge has been closed since April 2009. Staff have attempted to negotiate a reasonable cost sharing solution with CN who are the owners of this structure. Recent discussions with CN involved a re-examination of the Environmental Assessment (June 2010) and focussed on more cost effective solutions including the construction of a level crossing. CN has confirmed that this alternative is not operationally feasible. CN is prepared to re-construct the bridge at its sole expense to the standard originally authorized by Order 33714. This standard does not however meet the design parameters contemplated in the Environmental Assessment which proposed extra width to accommodate bike lanes, multi-purpose trail and two vehicular travel lanes. The City has been unsuccessful in getting CN to contribute to a larger share of the estimated $2.6 million project cost. Staff have Council's direction to proceed with the filing of an application before the Canadian Transportation Agency however given the cost of pursuing this matter and the more urgent need to re-establish this public thoroughfare, as a minimum, staff would like Council to consider CN's proposal for an in-kind replacement. The purpose of this report is to seek Council's instructions and to provide appropriate notification to the Niagara Region and the Town of Niagara-on-the-Lake of its decision. BACKGROUND At its meeting on February 28, 2011 Council approved the recommendation set out in report MW-2011-10 authorizing staff to file an application with the Canadian Transportation Agency to arbitrate the cost sharing dispute (see attachment#1). October 8, 2013 -2- MW-2013-48 As part of the final effort to negotiate a settlement, Legal Services staff engaged outside services to assist in the discussions including the consideration of lower cost alternatives including the construction of a level crossing. CN has responded and in their letter of August 23, 2012 has concluded that a level crossing is not appropriate at this location and CN has committed to constructing a new structure to match the standard of the original bridge specifications installed in 1924. The staff position has been that this standard does not meet the intent of the preferred design established through the EA process. CN estimates that the cost of replacing the structure as they propose is approximately$578,000. The preferred design under the EA was estimated to cost $2.6 million. ANALYSIS/RATIONALE The existing structure has a span of 17m and a width of 5.9m which is insufficient to carry traffic in both directions simultaneously. There are no bike lanes on this bridge. The structure has been closed to pedestrian and vehicular access since 2009 and despite the low volume of traffic that used the roadway prior to its closure,the crossing plays a key role in the movement of traffic between Niagara Falls and Niagara-on-the-Lake. ft is important to remember that the selection of a new bridge with bike lanes, multi-purpose trail and two full vehicular lanes during the EA came at a time when the Region and MTO were considering the re-configuration of the Glendale Avenue interchange which could have made Concession 6/Mewburn Road play a larger role with respect to truck traffic in the area. This matter has lost some of its urgency however the closure was never intended to be a permanent situation and re-opening this inter-municipal connection would re-establish the local use and provide operational and emergency response efficiencies. It is for this reason that staff are recommending that we consider accepting CN's offer to construct an in-kind replacement. Once it is apparent that traffic volumes warrant an upgrade the City can enter into discussions with the Region to visit the preferred alternatives identified in the EA. FINANCIAL IMPLICATIONS The decision to proceed with the proposed bridge replacement by CN will eliminate the City's repsonsibility to fund the project, since CN's proposal requires their sold participation in funding. The City approved funding in the 2011 Capital Budget of$400,000 for the costs of the EA and associated municipal expenses. At the present time, $119,250 has been spent on these actions. There has been some additional costs incurred which will be funded from the remaining balance. It is anticipated that the capital project will be closed once these costs are received and resolved. October 8, 2013 -3 - MW-2013-48 CITY'S STRATEGIC COMMITMENT The staff recommendation is consistent with Council's Strategic Priority for economic vitality, infrastructure sustainability, financial sustainability and sustainable transportation. LIST OF ATTACHMENTS 1. MW-2011-10 2. Letter from CN, dated August 23, 2012 3. Preferred Alternative 11 Recommended by: l �' Geoff Noll irector of Municipal Works Respectfully submitted: r\Ken Todd, Chi Administrative Officer Geoff Holman MW-2013-48 - Attachment #1 MW-2011-10 Niagaraaalls February 28, 2011 REPORT TO: Councillor Carolynn loannoni, Chair and Member of the Committee of the Whole City of Niagara Falls, Ontario The recommendation(s) SUBMITTED BY: Municipal Works contained in this report were adopted in committee and ratified by City Council SUBJECT: MW-2011-10 Mewburn Road Bridge Project Cost Sharing Referral to the Canadian Transportation Agency RECOMMENDATION That Council authorize staff to file an application with the Canadian Transportation Agency to resolve outstanding cost sharing issues with CN for the replacement of the Mewburn Road Bridge. EXECUTIVE SUMMARY The Mewburn Road Bridge is owned by Canadian National railways (CN) but has been closed by the City of Niagara Falls due to its concerns for the safety and well-being of its residents because of it's poor condition. A Municipal Class Environmental Assessment was conducted at the City's expense to examine the preferred alternative for the reinstatement of vehicular and pedestrian access over the CN line on Mewburn Road. This investigation concluded that a new structure would be the best solution based on the condition that external funding under the Gateways and Border Crossings Fund would be available. Staff have now been informed that the project is not eligible for funding under this program largely because the municipality does not own the existing structure nor does it meet the merit-based criteria of "enhancing Canada's economic competitiveness and productivity by improving the efficiency of gateways, trade corridors and assets of National significance". Municipal Works staff have had numerous discussions with CN regarding cost sharing and, in each case, they have limited it's responsibility to a maximum of 15% of the project cost. Staff believe that CN should have more responsibility than this and are recommending that we pursue this matter through all available legal channels. The purpose of this report is to inform Council of the recent interpretation by representatives of the Gateways and Border Crossings Fund and to seek authorization to proceed with the filing of an application with the Canadian Transportation Agency. February 28, 2011 -2 - MW-2011-11 BACKGROUND At its meeting on June 28th, 2010, Council approved the recommendations set out in report MW-2010-48 which endorsed the preferred alternative in the EA to replace the existing structure and directed staff to pursue funding under the Federal Gateways and Border Crossings Fund (see attachment#1). Staff contacted representatives from Transport Canada who administer the funding program and were informed that: "Unfortunately the proposed project would not be eligible under the GBCF. The fund's Terms and Conditions state that only municipally-owned structures are eligible for rehabilitation under the Local Road Infrastructure category. As the Mewburn Road Bridge is owned by CN, it would not be eligible for funding." (see attachment #2) Staff revisited the cost sharing discussions with CN representatives on January 20th, 2011 however no agreement was made to share the project costs beyond the previous commitment of 15%. They did offer assistance if required with the City's GBCF application. (see attachment #3) Subsequent follow up with Transport Canada officials on February 1St, 2011, confirmed that, notwithstanding the ownership issue"the project would not likely meet the merit-based criteria of the GBCF" and that "most of the GBCF's funding has already been committed". (see attachment#4) ANALYSIS/RATIONALE Residents living in this area have been extremely tolerant under the circumstances and it is important for many reasons to bring a resolution to this matter as soon as possible. The current situation is frustrating and staff believe that CN should be forced to contribute significantly to the total cost of the project for the following reasons; • CN has objected to the construction of a level crossing alternative which is much less expensive. • The existing structure cannot be repaired or replaced to the current standard as it wouldn't comply with the Ontario Bridge Code. CN has taken the position that any new bridge would be for the sole benefit of the road authority. • The existing bridge was installed by CN in 1923 largely because of its need to lower the tracks at this crossing to accommodate trains climbing the escarpment. Traffic volumes and safety risks are much lower at Mewburn Road than other level crossing locations throughout the City. • It is unreasonable to expect the City to fund the replacement of infrastructure it doesn't own. February 28, 2011 -3 - MW-2011-11 FINANCIAL IMPLICATIONS Funding in the amount of$400,000 for the City's project was included in the 2010 Capital Budget and some of these funds may be required to engage outside legal or consulting services in preparation for the presentation to the Canadian Transportation Agency. LEGAL IMPLICATIONS The dispute resolution process is set out in the attached "Guidelines for the Apportionment of Costs of Grade Separations" (see attachment#5). While the decision of the Canadian Transportation Agency is binding, appeals to the Federal Court and the Governor in Council may be available under the appropriate circumstances. CITY'S STRATEGIC COMMITMENT with the Council's Strategic This recommendation is consistent Priorities for economic vitality, infrastructure sustainability, financial stability and sustainable transportation. LIST OF ATTACHMENTS 1. MW-2010-48 Mewburn Road Bridge - Class Environmental Assessment 2. Email from Ted Mackay, October 22, 2010 3. Letter from CN, January 21, 2011 4. Email from Ted Mackay, February 1, 2011 5. Canadian Transportation Agency- Guidelines on Apportionment of Costs of Grade Separation Recommended by: Geoff Holman, Director of Municipal Works L.A110 Respectfully submitted: Ken Todd, Chief Administrative Officer G. Holman MW-2013-48 Attachment #2 Law Affaires juridiques Jean D.Patenaude Assistant General Counsel Avocat general Conseil 935 de La Gauchetiere Street West 935,rue de La Gauchetiere Ouest Montreal,Quebec,Canada Montréal(Québec)Canada 938 2M9 H3B 2M9 WWW.cn.ca Telephone: 514-399-5496 Telephone: 514-399-5496 Facsimile: 514-399-4296 Telecopieur:514-399-4296 E-mail: lean.Patenaude@cn.ca Courriel: Jean.Patenaude@cn.ca August 23, 2012 By Email Ian S. MacKay Barrister & Solicitor 440 Laurier Ave. West, Suite 200 Ottawa, ON K1 R 7X6 Dear Mr. MacKay: RE: MEWBURN ROAD CROSSING, AT CN MILE 5.4 GRIMSBY SUBDIVISION, IN THE CITY OF NIAGARA FALLS, ONTARIO OUR FILE No. 1640-333-005-40 Thank you for your letter of July 13, 2012 respecting the above-noted crossing in which you have requested, on behalf of the City of Niagara Falls, comments as to whether CN would be willing to provide a level crossing at Mewburn Road. CN has now had the opportunity to look into the matter and can confirm that constructing a level crossing at this location will not be acceptable to CN. A level crossing at this location is not operationally feasible as CN trains meet at this location. The nearest alternative would be to the west of the current location; however, the presence of a steep grade at this point and the fact that, although there are approximately 14 miles of double track on which to perform a train meet in this area, there is no place to hold a train which would not result in blocking an existing level crossing makes this location unacceptable for train meets. It should be noted that a grade separation has existed at this location since before 1923; this grade separation was likely installed due to the issues identified above. The existing structure was reconstructed pursuant to Board Order No. 33714, dated June 18, 1923. CN has maintained this structure over the years although the Order contains no provision for the responsibility for the costs of maintenance. In 2009, CN was prepared to undertake major repairs to the structure. Subsequent to a Municipal Bridge Appraisal and after discussion with CN Engineering, it was agreed that the condition of the bridge was such that repair of the existing structure was not possible. The City closed the bridge to both vehicular and pedestrian traffic and commenced a Class Environmental Assessment ("EA") to study alternative solutions to the reinstatement of the crossing. The City published a Notice of Study Commencement, indicating its intention to accommodate all modes of transportation, including vehicular, bicycles, and pedestrians (page August 23, 2012 Page 2 5). The EA identified a preferred design concept consisting of two vehicular travel lanes, two shoulders and two sidewalks with an overall structure width of 12.5 metres. The preferred design concept was based on a number of considerations, including the need to provide facilities for pedestrians and cyclists, the accommodation of future touristic and commercial development and improvement of the existing roadway corridor to either side of the bridge. The Study also notes that a future interchange would mean that Mewburn would serve as a key roadway within the overall network(page 6). All of the above only adds further support to the conclusion that a level crossing is not appropriate at this location. In light of the above, this confirms that, unless other satisfactory arrangements are made, CN is prepared to proceed with the replacement in-kind, of the structure that was authorized by Order 33714. The new bridge would maintain the width and loading of the original structure. Yours truly, Jean D. Patenaude c.c. Ken Beaman, City Solicitor Marissa Crawford, CN Engineering W iMil MI A S OM A M I♦ N M (M — I MI IIIIII IIIIIIII M IMO PROJECT PILE WORT MNwburn Road Bridge Gass Environmental Assessment July 2010 NiagaraFalls Alternative 2. Replace Bridge (grade separated crossing**): Replacement of the bridge with a new bridge structure. The crossing will consist of two 3.5 metre travel lanes and one 3.0 metre multi -use pathway to accommodate pedestrian and cyclists. WEST 11500 7000 Po 3500 3000 LANE MEWBUF N ROAD ASPHALT t WATERPROOFING SYSTEM (90mm TOTAL) -- 225mm CONCRETE SLAS 21r 211 1.IULTI-USE PATH r1 r RAJUNG 50 (TYP.) �–CONCRETE BARRIER WALL ('PYP.) _-1 H §1-i i'1 r1 r'1 **Several types of grade separations were considered. These included various bridge types and tunnelling. The girder bridge was determined to be the most appropriate solution for this location. Final Report -14- Delcan £# TUeWLOeTTV 917-E 1,0Z-MW • Figure 4.1 Preferred Design Concept EAST WEST SIDEWALK ,RAILING RA NG LANE LPNE A MEWBURN ROAD ASPHAOTA LT&WATERPROOFlNC CONCRETE BARRIER SYSTEM(90mm TL) WALL ETE 225mm CONCRETE SLAB 2% 2T 2y LA„ ////cam �� r� rl �� r� r� CROSS SECTION tI WORTH ABUTMENT BRCS. e(PIER 1 ¢PIER I ¢SOUTH ABIRMENT BRCS. - NORTH I H MIW NVELO //--CONSTRUCTION �CLEARANCE / a PE E . E BRIDGE SPAN x ' ' . �! s ` �` t �' , w..`a- ,gip''a , aE A..te it ®0 - .m. � ,,.> r. ..,:. � ASPHALT / THICKNESS VMIES W.P.j2 WP.�4 —.r --/ If,/ E', i Lam# Ni `*" dt- > Nit mss.""� . '" it l'? ;A s.°" 4• � .� # �. 14,1 .10 `��- y-° r x s % ��$ /f tit. ®�® SY sY �^ x'.�� '.. a ��` y i 1 �+�c 44' C ,,,,, '11- .6.4. -P' ' r t ii4 „*. -',. ,,t4k„, ,AA ' ' a & £ref d® a f.ff_. : — ___/.1'.-iiko DeIca i 1' is r fir TS-2016-10 Niagaraalls November 22, 2016 CANADA REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2016-10 Municipal Lot Rationalization RECOMMENDATION That the Mayor and Clerk be authorized to execute necessary agreement for the transfer of the lands known as Municipal Parking Lot # 11 to the Library Board. EXECUTIVE SUMMARY In 2013, Council approved the City Wide Parking Plan TS-2013-02 to continue to operate as a user pay entity free of tax supported funds. A municipal parking lot rationalization review has been undertaken to determine the viability of the eighteen (18) lots in inventory. The review of the municipally operated parking lots was conducted from 2013 to 2015 taking into consideration criteria such as public use, area growth, annual net revenues, expenditures, accessibility, parking demand and future developments in the area. Of the eighteen (18) lots two (2) lots have been identified as lots that no longer fulfill the criteria to be maintained and operated as municipally owned lots. As well, two (2) Municipal Parking lots will be closed during the winter as they are underutilized during that time resulting in avoidance of snow removal costs. BACKGROUND In 2013, Council approved report TS-2013-02 City Wide Parking Plan which recommended continuing to operate Municipal Parking as a user pay entity free of tax supported funds. Staff has undertaken a Municipal Lot Rationalization Review to determine the viability of the lots in inventory based on public use and annual net revenues. The Municipal Parking System operates 18 public parking lots throughout the City of Niagara Falls with 40% of the lots located in the Queen Street downtown area. The lots are primarily located within 4 different districts of the city; Queen Street BIA, Main Street BIA, Clifton Hill Tourist Area and Chippawa. 2 TS-2016-10 November 22, 2016 These lots are then sub-categorized into two types of lots — local business supporting or tourist supporting. Parking Lot Rationalization Assessment A review of all municipally operated parking lots under Parking Services was conducted from 2013 to 2015 addressing the following criteria: • Impact on the associated Business Improvement Associations • requirements of the area in relation to off street long term parking • future business development and demand forecast • parking demand changes and turnover needs for on-street • alternate off street private parking options for the public • revenue generation verses expenses to maintain The review also took into consideration whether the lots serviced the WEGO Visitor Transportation System and comments received from other municipal departments. Of the eighteen (18) Municipal Parking Lots two (2) lots have been identified requiring the following: 1) Municipal Lot # 11 (Main Street and Laura Secord Place — Chippawa) is underutilized and it is recommended to be transferred to the Library Board for use by Chippawa Library. The maintenance and plowing cost would be at the library's expense once the transfer is complete. Discussions with Library staff indicate they are in favour of the transfer of the lot. A letter of support is attached. 2) Municipal Lot # 14 (Lundy's Lane west of Main Street) will be transferred to Parks as it has been identified as part of Battlefield land redevelopment. Initial discussions have been held with Morse & Sons as they have expressed interest in utilizing the lot during peak times. Further discussions are to be held with Morse and Sons negotiating a lease agreement for snow removal maintenance during the winter. Additionally, Municipal Parking Lot 15 (Spring Street at McGrail Ave) and Municipal Parking Lot 2B (southwest corner of Park St. and Erie Ave.) will be closed during the winter months to avoid snow removal costs during the off season 3 TS-2016-10 November 22, 2016 ANALYSIS/RATIONALE The Municipal Parking system is self-funded entity that provides parking opportunities for the public and supports local businesses that lack off street parking for customers. An ongoing assessment of lot viability maximizes reinvestment of the funds while at the same time reduces overhead expenditures in lots that are underutilized. Reinvesting in lots ensures adequate services are maintained and that the infrastructure is at an acceptable level of service which reduces liability concerns. FINANCIAL IMPLICATIONS The transferring or selling off of under-utilized municipal lots would increase the parking reserve fund for continued improvements to existing lots that are heavily utilized as well as provide funding opportunities for further municipal lot additions in areas of demand. This funding can also support improved parking technologies to better service the public. Removal of underutilized municipal lots would also reduce overall operational overhead expenditures in the daily maintenance of lots not being utilized by the public. CITY'S STRATEGIC COMMITMENT To provide a convenient, cost effective and customer friendly parking system based on the User Pay Philosophy. LIST OF ATTACHMENTS City of Niagara Falls Municipal Lot Location Map Lot Details - Lots 11 and 14 Municipal Lots - Detailed Assessment Library Board Letter of Support Recommended by: kt4....-e Zi) --------------- Karl Dren, Director of Transportation Services Respectfully submitted: litAl Ken Todd, Chief Administrative Officer /pb PARK 5T 4 ;I QUEEN ST AV 33N311MV115 AV 37N321MV115 iT -9-- HURON ST MORRISON ST PARK 5T 10 QUEEN 5T HURON ST MORRISON Sr C1 4 4 PARK 5T QUEEN 5T El HURON ST MORRISON ST PARK ST 2 QUEEN ST 19 MORRISON ST DOWNTOWN LOTS PARS ST QUEEN ST A D z < Q AV NV14113l*11Z HURON ST HUR MORRISON ST NORTH ST O m i LUNDY'S LN 14 BARKER ST 2 NORTH 5T NORTH ST EMERY ST EMERY ST SUMMER ST SPRING ST 13 FERRY ST FERRY 5T i 12 PEER ST nc-r 0 NORTH ST EMERY ST SPRING ST SPRING ST PEER ST FERRY ST FERRY ST LCti 6 z z C G PEER ST PEER LN 9 MID TOWN LOTS p yPJ L G0 ' v;' 15 FERRY ST ROBINSON ST NiagaraaaIls 11CHEItIR 51 .�t FALLS W FALLS AN i K:TCHEIIER ST rr C4, FALLS AV iOFF RAFIo) 18 O E KITCHENER ST KITCHENER ST Sr SL.y fF4S • rr TOURIST AREA LOTS 4(r * 94 4fr 90 rt Fst. -°°" AN CR V. 9P 5 MCOQJGM t Ca .0P �ry QA - 20 rr h 0Y 11 r A: CHIPPAWA LOT N City Of Niagara Falls Municipal Parking Lots A Niagara Falls Municipal Lot Rationalization Review Lot identification number Municipal Parking Lot#11 Municipal Address Laura Secord Place and Main Street, Chippawa, Ontario Year added to parking 1976 —last updated in 1985 inventory Annual Revenues $50.00 Current Status - Operational Annual Expenditures $3,000.00 Number of parking spaces 8 + 1 disability space Net Annual Revenue - $ 2,950.00 Estimated Capital Investments Surface treatment and fence repair/replacement $20,000 Aerial of Site Location Site Photo I' Y ,7,3 4 „.. .„... _ , n:ON t - '-' 'it,'"A.Z4. V:,et\* , / _ ' z . .-,..., .,... g-•••••.,,,_ ....;4, 4,,, ,; 'fit , ✓; ,.+4 _ _ Rationale: Located beside the Chippawa Branch of the Niagara Falls Public Library and primarily serves as the parking for the building. This lot averages approximately $50 annually in revenues and is heavily under-utilized by the public who opt to use designated time limit parking located on Laura Secord place beside the Municipal Lot. This lot experiences an annual expenditure of approximately $3,000 for snow plowing and lot maintenance. The Chippawa Branch of the Niagara Falls Public Library would benefit from this land use to support the library services and bring it in line with the rest of the library facilities in Niagara Falls offering free parking to its customers. Recommendation: transfer of property from Municipal Parking Lot inventory to Library Services Niagara Falls Municipal Lot Rationalization Review Lot identification number Municipal Parking Lot #14 Municipal Address 6002 Lundy's Lane Year added to parking 1968 inventory Annual Revenues $900.00 Current Status - Operational Annual Expenditures $2,000.00 Number of parking spaces - 32 Net Annual Revenue $ - 1,100.00 Estimated Capital Investments $65,000 (not including retaining wall) Aerial of Site Location Site Photo 0 fr Cas i OetN,Il f . • Rationale: Located on the south side of Lundy's Lane west of Main Street, Lot #14 was a designated free parking lot until 2012 when fees were implemented. Most parking consisted of overflow parking for Morse & Sons Funeral Home. With a purchase of land adjacent to the property this municipal lot this no longer primary source of spillover parking needs. Underutilized by the public Recommendation: Close and Decommission for future developments at the Battlefield grounds to the south of the lot. Municipal Lots — Detail Assessment LOT LOCATION ASSESSMENT Recommendation LOT #1 Zimmerman Ave Lot not leased. Gravel base lot. Reduced Closed 2013 & Park Street rate for monthly permits did not attract customers. Remain closed and retain lot for future area development. LOT # 2a Erie Ave & Park Lot 2a and 2b Mostly leased with short term Lot 2b —Winter Lot # 2b Street pay option available for transient parking season closure opportunity. Recommendation to maintain. Currently in redesign phase and look to incorporate multi-day parking to support the WEGO, GO Train / Bus station as well as Electric Vehicle Charging stations and Bicycle storing stations. LOT # 3 Park Street Heavy use by public in association with Maintain Open between Ontario Queen Street BIA and Medical building. Street and St. Recommendation to maintain and look to Clair Avenue redesign to improve parking potential. LOT # 4 Ellen Avenue Heavy use by public. Primary tourist area Maintain Open between Centre lot. and Walnut Recommendation to maintain. Located in a primary tourist area with all day parking options to support the WEGO transportation system. Improvements to perimeter of lot with streetscape changes are planned. LOT # 5 Palmer Avenue Tourist area lot. Frequent use during Maintain Open summer season. Located in a primary tourist area with all day parking options to support the WEGO transportation system. Recommendation to maintain. LOT # 7 Ontario Avenue Monthly Permit lot - fully leased. Maintain Open and Huron Recommendation to maintain. Street LOT # 8 Huron Street Monthly Permit lot - usage at 80% capacity. Maintain Open Recommendation to maintain. LOT # 9 Huron Street & Underutilized by public — introduction of Maintain Open St. Lawrence reduced monthly parking permit resulted in increased lot activity. Recommendation to monitor usage with changes being implemented in downtown core. LOT # 10 Park Street Monthly permit use at 60% capacity. Pay Maintain Open between Crysler turnover underutilized - changes to lot with Avenue and St. improved parking options by opening permit Clair Avenue and pay by space on both ends. Recommendation to maintain lot as changes are implemented in Downtown Core. LOT # 11 Laura Secord Lot underutilized - primary use by library Transfer to Place patrons. Monitored use and determined Library Board Chippawa best option for lot to be sold off or allocated to Library. LOT # 12 Sylvia Place Lot heavily utilized with increased monthly Maintain Open permit sales and transient parking activity. Well utilized by Museum customers. Centralized in the Main Street area. Recommendation to maintain lot. LOT # 13 Main Street Lot underutilized. Surrounding businesses Maintain Open mostly have their own off street parking. Introduction to paid parking to support growth and development has not resulted in increased parking activity. Recommendation: look for potential sale of land and review opportunities to purchase lands for additional parking in a location more suited to support area growth. Legal agreements have lot spaces allocated to surrounding businesses and not available for municipal parking use or revenue Continue to assess for future changes LOT # 14 Lundy's Lane Implementation of pay parking structure to Internal transfer support area growth and revenue for lot to Parks — maintenance and upgrades has not resulted Further in increased activity. Reduced lot usage discussions with with surrounding business acquiring Morse & Sons additional lands for off street parking. for lot usage Recommendation: transfer lands to and Municipal Works for future use for maintenance Drummondville Battlefield area development. LOT # 15 McGrail Avenue Lot underutilized - decreased use of lot and requires considerable capital investment for Winter season lot condition improvements. Recommend closure closure of the lot and assess viability based on sales conditions of 5082 Magdalen Street and any right of way legal conditions needing to be addressed. LOT #17 Morrison Street Permit lot - at full capacity. Maintain Open Recommendation: maintain LOT # 18 Kitchener Street Leased lot showing increased public use, Maintain Open expansion of lot through lease agreement allows incorporation of a park and ride benefit to the WEGO Visitor Transportation system and placement of Electric Vehicle Charging stations to support the tourist area Recommendation: maintain lot and review opportunities to improve streetscaping and parking layout to maximize customer usage and experience. LOT # 19 City Hall Lot Heavily utilized. Recommendation: maintain Maintain Open LOT # 20 Palmer Avenue Tourist area lot. Frequent use during Maintain Open and Bender summer season. Located in a primary tourist Street area with all day parking options to support the WEGO Visitor Transportation system. Recommendation to maintain October 20, 2016 Paul Brown Manager of Parking Services City of Niagara Falls Transportation Services Department 7150 Montrose Road Niagara Falls, ON, L2H 3N3 (905) 356-7521 ext. 5203 pbrown@niagarafalls.ca Dear Paul: Thanks so much for your email regarding the Transfer of Lot#11 (Chippawa Library Lot)to the Library Board. Please accept this letter as a letter of Support in favour of the transfer. As you know there has been ongoing discussion surrounding the transfer of the parking lot. The transfer will be welcomed by our patrons and staff, and will ensure that our Library Services are more readily accessible to the community. The Library Board fully supports the transfer of the Chippawa Lot. The Library Board also understands that transfer of the lot will result in maintenance (snow plowing, line painting), and that it would be the responsibility of the Library. Please do not hesitate to contact our CEO,Alicia Subnaik Kilgour should you require further information or require additional information. She can be reached at 905-356-8080 ext. 230 or via email at askilgour@nflibrary.ca Sincerely, . t; i. Barb Ness Chair- Niagara Falls Public Library Board TS-2016-36 NiagaraFalls November 22, 2016 aN,11lA REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-36 Lamont Avenue and Mundare Crescent Parking Review RECOMMENDATIONS 1. That a "no parking" restriction is established at all times on the east side of Lamont Avenue between Mundare Crescent (North) and Mundare Crescent (South); and, 2. That a "no parking" restriction is established at all times on the west side of Mundare Crescent between Lamont Avenue (North) and Lamont Avenue (South). EXECUTIVE SUMMARY The proposed "no parking" restriction will prohibit drivers from parking on the inner side of both Mundare Crescent and Lamont Avenue. The restriction will enable unobstructed emergency and maintenance vehicle access, improve visibility at the curves and permit simultaneous bi-directional travel. BACKGROUND Fire Services Staff requested Transportation Staff to review the potential of restricting parking on one side of Lamont Avenue and Mundare Crescent. Upon responding to a call, first responders had a difficult time navigating the road en route to an emergency due to vehicles parked on both sides of the street and noted that if fire apparatus and hydrant use been required, a delay in responding to the emergency would have occurred. Lamont Avenue and Mundare Crescent are residential roads that are configured in crescent form, converging at their north and south ends. Both roads share similar physical characteristics with an 8.5 metre width, a sidewalk on both sides separated by a curb, gutter, and grass boulevard with light poles on the inner portion of the crescent providing illumination at night. Each roadway has two sharp curves located at the north and south ends of the study area. Parking is permitted on both sides of both Lamont Avenue and Mundare Crescent between Callan Street and Cattell Drive. 2 TS-2016-36 November 22, 2016 ANALYSIS/RATIONALE Questionnaires were delivered to all Lamont Avenue and Mundare Crescent residents to assess their preference regarding parking control on their street. The response rate was low and a consensus was not achieved amongst the respondents. Based on the low response rate, parking modifications would typically not be recommended. However, based on observations carried out at various times it was noted that vehicles are parking regularly on both sides of the street. Parked vehicles on both sides do not allow for simultaneous two way directional travel and thus pose safety concerns. Given the foregoing, Staff is recommending that a "no parking" restriction be established at all times on the inner portion of Lamont Avenue and Mundare Crescent. This parking control would only allow drivers to park on one side of the road. The parking prohibition will provide for unobstructed emergency and maintenance vehicle passage, improve driver sight lines at the curves and permit simultaneous two way directional travel. Residents were advised of Staff's recommendations through a letter and a map illustrating the extent of the proposed restriction. Eight residents responded of which four identified that they supported the recommendation and the remaining four objected to the proposed restriction. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2016 General Purposes Budget. Installing the signs is estimated to cost approximately $3000. CITY'S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study area drawing. Recommended by: //r � Karl Dren, Director of Transportation Services Respectfully submitted: 1°L)‘-44-,}. Ken Todd, Chief Administrative Officer \ y* ,.ice gig ,4, ,3. k' ri..2.iri:',\ .!,:,..;ii , A ,,,,./ . ,, ,,,,,*:..} :- -----::11,--,...„, A el. +p.74# .',?.§:',''i'' = I*/.-, .t.•, '.';,.. ' si.'--V 1 .4 ,--v' s- '4;;`-,t1tC1,;- : AT 4$,,, t 41: ,.• '''IL:',,,v,-/j.i \e' ,,,' '\,...—' ' --414'' s:\ l'''''' \ , 'i1.4'. .-- .7 / ',..t- ik, tith, 'g'.-7.54r �_ �'"1tV + ^ 2 �1 '� ,po' .,; _.) �'� .�w y. A ,.e�'�� i'',:' '!"t`',. �� ,14. x+5 '.•- ''-. ' ''-'X'.‘ ,: . , -,c.`'/. 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''-'- e - _ •_:.,„.. , ._. T cu cc 'r c '",,,. , 'IP ,-. , , .,, / • �4 4 0 �f ai + A.t Jaz n iNI Y; ',,,g• ...,. .,. ,.•,' ,,,,4••,,- L.;?.•. ..--li', .. . • it N 4ty- / ,,,,, . A/A . \ .., ,.- ,,.. -.., w.t as 4,-'" •'. • / :,,1-• •y - 'ilr g I VI a 1.4 7fr % / Puri, 411i • �} * . �, . , ,,, , ,x ►VVVV .iiiiii. 4cz . ; o� t f ry . ,,�' xi. bA TS-2016-39 Niagarapalls November 22, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-39 Ernest Crescent and Pauline Drive — Parking Review RECOMMENDATIONS 1. That the "no parking" zone on the south and east sides of Pauline Drive be relocated to the north and west sides of Pauline Drive; and, 2. That the "no parking" zone on the west side of Ernest Crescent be relocated to the east side of Ernest Crescent. EXECUTIVE SUMMARY Relocating the "no parking" zone from the inner portion of the crescent to the outer portion of the crescent will increase the on-street parking complement from 3 parking spaces to 10 parking spaces. BACKGROUND Staff received a complaint from a resident that their guests are unable to legally park on the street due to the narrow front yard of most homes. This area is a new subdivision located off Angie Drive in the southwest quadrant of Lundys Lane and Kalar Road. Many of the subdivisions being built incorporate narrow lots resulting in the absence of available parking on-street. On Ernest Cres and Pauline Drive there are 2-3 front yards that can legally accommodate a parked vehicle and these spaces are generally occupied most of the time. Otherwise, drivers would have their vehicle encroach over a driveway, which is not permitted. A "no parking" zone was established on one side of Ernest Crescent and Pauline Drive, at the request of Fire Services during the draft plan of the subdivision. The inner curb of the crescent is typically chosen for the restriction during site plan review as a restriction on the inner curve maximizes visibility for motorists, and generally the outer curb accommodates more parking given its longer length. In this instance given the narrow lots and the positioning of the driveways the outer curb accommodates more parking opportunities than the inner curb. 2 TS-2016-39 November 22, 2016 ANALYSIS/RATIONALE With the "no parking" zone currently located on the inner portion of the crescent, there are three parking spaces available for the entire street. This is due to homeowners having double car wide driveways for 10 metre wide lots. The property spacing does not allow a driver to park their vehicle without it overhanging one or both abutting driveways. Relocating the "no parking" zone to the opposite side of the street will allow for up to 10 on-street parking spaces. Additional parking spaces are gained on the south side of Ernest Crescent where no driveways are present between the east and west curves of the crescent. Questionnaires were distributed to all the homeowners on Ernest Crescent and Pauline Drive to solicit input on the parking control. The response rate was below the criteria what is required to establish a consensus in the neighbourhood. However, to maximize parking opportunities staff is recommending that the "no parking" zone is relocated from the inner portion of the Ernest Crescent and Pauline Drive crescent to the outer portion of the crescent. Residents were advised of Staff's recommendations through a letter and a map illustrating the extent of the proposed restriction. Three residents responded of which one identified that they supported the recommendation and the remaining two felt the existing restriction should be maintained. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The relocation of the "no parking" zone is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2016 General Purposes Budget. Relocating the signs is estimated to cost approximately $600. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study area drawing. Recommended by: K .rl ren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer TS -2016-39 Ernest Crescent/Pauline Drive Niagaraf1alls Parking Review •••••••••••• Existing "No Parking" zone to be removed • Proposed "No Parking" zone NORTH TS-2016-42 Niagara�alls November 22, 2016 CA N.11),i REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-42 Transit Capital Projects — Public Transit Infrastructure Fund (PTIF) RECOMMENDATIONS 1. Approve the PTIF application and pre-approve 2017/2018 Transit Capital projects set out in this report, totalling $6,844,886 related to the Federal Public Transit Infrastructure Fund (PTIF) for which 50% funding would apply. 2. Utilize the various funding sources as outlined in this report to provide the City's share of the funding required through PTIF. 3. The Mayor and Clerk be authorized to execute the required agreements. EXECUTIVE SUMMARY On August 23rd, the Federal government announced $1.48 billion as Ontario's share of the Public Transit Infrastructure Fund (PTIF). Potential funding is distributed between recipients based on a formula of $50,000 plus an allocation based on a percentage of overall ridership The City of Niagara Falls allocation of the PTIF equals $3,433,915 and a matching contribution from the City of Niagara Falls being required. On September 7th, staff participated in a workshop outlining the details of the funding program. With a short submission deadline of less than a month and a half to identify potential projects and secure cost estimates (October 18, 2016), staff worked diligently to meet the submission deadline. A total of 18 Transit Capital Works Projects have been identified (Schedule 'A') and submitted for approval based on the criteria identified in the PTIF program. The Capital Projects range from the purchase of buses to improve service levels to half hour service for 2017/2018 to meeting AODA requirement through the installation of fareboxes on Chair-A-Van buses to providing real time bus information on our conventional service through implementation of a CAD/AVL system. 2 TS-2016-42 November 22, 2016 BACKGROUND The 2016 Federal Budget was released on March 22, 2016. The 2016 Federal Budget includes $120 billion over 10 years in federal infrastructure funding commitments nationally, to be delivered in two phases. Key transportation items in the 2016 Federal Budget included the investment of $11.9 billion in transit infrastructure over five years, including the PTIF to upgrade and improve public transit systems. Phase One of PTIF commits approximately $3.4 billion across Canada, to be distributed on the basis of transit ridership. Ontario's share of national public transit ridership is 44%. Therefore, under the PTIF, Ontario is eligible to receive over $1.48 billion in funding. PTIF will help accelerate short term investments to support the rehabilitation of transit systems and fund studies to support longer term transit expansion plans. In addition, PTIF funding is expected to impact transit ridership and improve the customer experience as follows: Improved mobility/accessibility; Improved customer safety/security; Improved service reliability; and Introduction of new technologies. The provision of PTIF funds is governed by a bilateral agreement between the Government of Canada and the Government of Ontario ("Bilateral Agreement"). The Ontario Ministry of Transportation will be responsible for the administration of the PTIF, including transfer payment agreements (TPAs) between the Ministry and municipalities. The TPAs will set out the terms and conditions under which the Ministry agrees to provide PTIF Funds to Recipients. On August 23rd, the Federal government announced $1.48 billion as Ontario's share of the Public Transit Infrastructure Fund (PTIF). Potential funding is distributed between recipients based on a formula of $50,000 plus an allocation based on a percentage of overall ridership The City of Niagara Falls allocation of the PTIF equals $3,433,915 and a matching contribution from the City of Niagara Falls being required. On September 7th Staff participated in a workshop outlining the details of the funding Program. With a short submission deadline of less than a month and a half to identify potential projects and secure cost estimates (October 18, 2016), staff worked diligently to meet the submission deadline. Eligible projects include refurbishment or replacement of existing infrastructure, asset management of a transit system, design and planning for the expansion and improvement to public transit systems, modernization of public transit infrastructure, and enhanced safety of public transit infrastructure. 3 TS-2016-42 November 22, 2016 A total of 18 Transit Capital Works Projects have been identified (Schedule 'A') and submitted for approval based on the criteria identified in the PTIF program. The Capital Projects range from the purchase of buses to improve service levels to half hour service for 2017/2018 to meeting AODA requirement through the installation of fareboxes on Chair-A-Van buses to providing real time bus information on our conventional service through implementation of a CAD/AVL system. ANALYSIS/RATIONALE The Federal government has stipulated that all eligible PTIF projects must be incremental, which means that the federal funding is added to the funding in the 2016 budget. The intent is for the municipality to carry out more incremental, which means that the federal funding is added to the funding in the 2016 budget. The intent is for the municipality to carry out more infrastructure projects or to accelerate those that had already been planned. Essentially, the PTIF is for projects that would not have occurred if it was not for the availability of the federal funding. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As part of the PTIF application process, City staff were required to commit, pending council approval, an amount of $3,433,915. This funding requirement represents 50% of the total projects costs. As required by our capital budget process, funding sources for future commitments must be identified. In this case, staff have identified sources of funding that includes future years gas tax receivable, the balance of 2016 OLG reserve which was held back for Federal Stimulus initiatives and pre approval of the 2017 Capital Budget. As Council may recall, a portion of the 2015-2016 OLG Contributing Reserve was not committed and instead was transferred to reserve, pending new federal governments initiatives in capital infrastructure. The PTIF program is a new program and is consistent with the original intention to Council to seek opportunities to match funding from other levels of government. 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. 4 TS-2016-42 November 22, 2016 LIST OF ATTACHMENTS Schedule 'A' - Transit Capital Project Listing Recommended by: a/I .Z2----- Karl Dren, Director of Transportation Services Respectfully submitted: 1 *24-44j Ken Todd, Chief Administrative Officer TS-2016-42 -SCHEDULE 'A' Public Transit Infrastructure Fund -Transit Capital Projects Municipal Program Total Eligible Project Title Contribution Contribution Cost Conventional Transit Bus Growth 2017& Specialized Bus Replacement $ 2,157,312 $ 2,157,312 $ 4,314,624 Daily Schedule Management/Payroll Management 35,616 35,616 71,232 Customer Service Interface 27,984 27,984 55,968 Transit Intelligent Transportation System 382,617 382,617 765,234 for Conventional Fleet Electronic Farebox Upgrade 71,232 71,232 142,464 Radio Upgrade and Replacement 2016 6,869 6,869 13,738 Farebox Replacement 50,880 50,880 101,760 Radio System Requirements 6,614 6,614 13,228 Bus Way&Shelter Rehabilitation and 228,960 228,960 457,920 Platform Power Train Refurbishment 122,112 122,112 244,224 Posi-lock Installation 14,246 14,246 28,492 Floor Scrubber 19,334 19,334 38,668 Fleet Management Software 30,528 30,528 61,056 Air Conditioning Station 3,562 3,562 7,124 ZF Transmission Diagnostic Software 3,053 3,053 6,106 Fluid Tracking Upgrade 14,247 14,247 28,494 Vinyl Decal Replacement 18,317 18,317 36,634 Orion V11- Powertrain &Body Refurbishment 228,960 228,960 457,920 Totals $ 3,422,443 $ 3,422,443 $ 6,844,886 TS-2016-43 Niagara,Falls November 22, 2016 (.Ah A F)A REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-43 Bus Terminal Lease Agreements RECOMMENDATIONS 1. That the current lease with Coach Canada for the sale of out of town bus tickets within the Bus Terminal be extended for an additional two (2) years. 2. The Mayor and Clerk be authorized to execute the required agreements. EXECUTIVE SUMMARY The sale of bus tickets within the City owned Bus Terminal is performed by Coach Canada staff on behalf of Coach Canada, Greyhound Canada, GO Transit/Metrolinx and Niagara Falls Transit. Coach Canada has been providing these services within the Bus Terminal since January 1, 2012 and has expressed an interest in continuing with this arrangement for another term. An extension of the sub-lease agreement between Coach Canada and Greyhound Canada is required to ensure the best interests of the City are maintained amongst these two competitive inter-municipal bus providers. In order for this lease to be valid, Coach Canada must provide the City a fully executed copy of the sub-lease outlining the same conditions as the previous contract. BACKGROUND The sale of bus tickets within the Bus Terminal is performed by Coach Canada staff on behalf of the out of town carriers, as well as Niagara Falls Transit services. It is certainly a gateway to our community and as such, needs to provide professional, knowledgeable and courteous service to the thousands of residents and visitors, which utilize this Terminal annually. The Downtown Community Improvement Plan and our Transit Revitalization Plan recognize this centre as an important transportation hub. Staff have been working with Coach Canada, Greyhound Canada, and GO Transit/Metrolinx staff to keep all the out of town service providers in the Bus Terminal for the benefit of our residents and visitors. Staff is working toward securing Agreements for each provider for another two years. 2 TS-2016-43 November 22, 2016 Coach Canada is the agent representing the interests of multiple transportation providers is not unique and is commonplace within other municipalities. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The lease agreement with Coach Canada provides a financial remuneration of approximately $30,000 per year, which represents a 2% per year adjustment over the previous agreement. There are no staffing implications associated with these agreements. The legal implications are captured within the agreements should a party be in breach of the language. 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. Recommended by: - Karl Dren, Director of Transportation Services Respectfully submitted: I'Ll\ -7411 Ken Todd, Chief Administrative Officer C) O C _Z n O Z co CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: November 22, 2016 Re: Court of Revision Appointment The Court of Revision is a process where after local improvements or drainage works have been undertaken, the Court may review the proposed local improvement/ assessment roll and correct it. The municipality may appoint a Court of Revision, as per O. Reg 586/06 of the Municipal Act. With no local improvement or drainage works contemplated over the last two Council terms, we have not reappointed a Court of Revision because of the unlikelihood that the members would even sit during the term. During the 2011 appointment review, staff recommended that appointments for the committee not take place until needed. Last year, the Town of Fort Erie initiated drainage works related to the Black Creek drain. Although primarily in Fort Erie, the creek also affects property owners in Niagara Falls and Port Colborne. In such inter -municipal cases, the Drainage Act stipulates that two members of the Committee of Revision come from the initiating municipality and one (1) from any other affected municipalities. Council appointed recently retired City Drainage Supervisor, Rick Volpini, to be the Niagara Falls representative for the Black Creek Drainage hearing. Fort Erie now has a Court of Revision hearing for the St. John's Marsh Drain. Based on his technical knowledge, Mr. Volpini would be ideal to represent the City at the Court of Revision hearing. He meets all other qualifications required under the Act. RECOMMENDATION: That Rick Volpini be appointed the Niagara Falls representative for the St. John's Marsh Court of Revision and any future inter-municipal Court of Revisions during this Council term. A Great City ... For Generations To Come Community Services ONTARIO Legal and Legislative Services Our Focus:Your Future; November 1, 2016 File No. 360401 Dear Sir or Madam: Re: St. John's Marsh Drain 2016 Provisional By-law No. 115-2016 Notice of Court of Revision At the Council-in-Committee Meeting of September 19, 2016, a public meeting was held to consider the Engineer's Report dated April 8, 2016 prepared by K. Smart Associates Limited for the St. John's Marsh Drain 2016. Council subsequently accepted the Engineer's Report on September 26, 2016. At the Council Meeting of October 24, 2016 Provisional By-law No.115-2016 was approved To Provide for Drainage Works in the Town of Fort Erie, in the Regional Municipality of Niagara, known as the St. John's Marsh Municipal Drain. Under the Drainage Act, property owners will be assessed a portion of the costs for the repair and improvement of the Drain, along with future maintenance costs. Property owners will have an opportunity to appeal their apportioned assessment. The Town of Fort Erie is deemed to be the initiating municipality for the purposes under the Drainage Act. Accordingly, pursuant to Section 46(2) of the Drainage Act, please find enclosed the following: 1. Notice of Court of Revision to be held on November 23, 2016 at 6:00 p.m. in the Council Chamber, Town Hall, Fort Erie. 2. Copy of Provisional By-law No. 115-2016, being a by-law To Provide for Drainage Works in the Town of Fort Erie, in the Regional Municipality of Niagara, known as the St. John's Marsh Municipal Drain. Please note that the Engineer's Report is available for viewing online at www.forterie.ca on the main page under announcements. Section 52(1) of the Drainage Act provides that an owner of land assessed for the drainage works may appeal to the Court of Revision on any of the following grounds: 1. Any land or road has been assessed an amount that is too high or too low. 2. Any land or road that should have been assessed has not been assessed. 3. Due consideration has not been given to the use being made of the land. Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive,Fort Erie ON L2A 286 Office Hours 8:30 a.m.to 5:00 p.m. Phone:(905)871-1600 FAX: (905)871-4022 Web-site: www.forterie.ca Dear Sir or Madam Page 2 Section 52(2) provides that to appeal, the owner shall send a notice to the clerk of the initiating municipality setting out the grounds of the appeal at least 10 days before the sitting of the court. Should you wish to appeal under Section 52 of the Drainage Act, a Notice of Appeal to Court of Revision form is enclosed for you to complete and return to the Town Clerk of the Town of Fort Erie. Appeals must be received by the Clerk before 5:00 p.m. on Monday, November 14, 2016. However, the Act provides the Court of Revision with the discretion to still hear appeals of landowners who file late. Additionally, pursuant to Sections 48(1) and 49 of the Act, landowners have the right to further appeals to the Drainage Tribunal on technical matters and pursuant to Section 47, to the Drainage Referee on legal issues. A Notice to Appeal to Tribunal by Owner of Land or Public Utility form and a Notice to Appeal to Referee form are also enclosed herewith. The appeals must be received by the Town Clerk within forty(40) days from the date of this mailing, being before 5:00 p.m. on Monday, December 12, 2016. For further information, please contact the Drainage Engineer, Mr. Neal Morris, P. Eng. of K. Smart Associates Limited at 1-519-748-1199 or email at nmorris(&,ksmart.ca or the Town of Fort Erie Drainage Superintendent, Mr. Dave Maiden at 905-871-1600, ext. 2405 and email at dmaiden(c�forterie.ca. Yours very truly, / - /d Laura Bubanko Manager, Legislative Services/Clerk Ibubanko(Worterie.ca LB/int End. cc: T.Kuchyt, CAO K.Walsh,Dir.of Infrastructure Services D.Maiden,Drainage Superintendent M.Taddeo,Records Management Assistant N.Morris,P.Eng.K.Smart Associates Llmtied via email S.Vander Veen,Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs via email Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive,Fort Erie ON L2A 2S6 Office Hours 8:30 a.m.to 5:00 p.m. Phone:(905)871-1600 FAX: (905)871-4022 Web-site: www.forterie.ca ONTARIO• NOTICE OF COURT OF REVISION Our Focus:Your Future ST. JOHN'S MARSH MUNICIPAL DRAIN Pursuant to Sections 46(1) and (2) of the Drainage Act, RSO 1990, Chapter D17, notice of the sitting of the Court of Revision is hereby given as follows: DATE: Wednesday, November 23, 2016 TIME: 6:00 p.m. PLACE: Council Chamber, Town Hall, Fort Erie Pursuant to Section 52 of the aforesaid Act, each affected property owner may appeal his/her assessment to the Court of Revision by giving notice not later than ten days prior to the first sitting of the Court of Revision. Should you wish to appeal under Section 52 of the Drainage Act, a Notice of Appeal to the Drainage Court of Revision form is enclosed for you to complete and return to the Town Clerk of the Town of Fort Erie. Appeals must be received by the Clerk before 5:00 p.m. on Monday, November 14, 2016. A Notice of Appeal to the Court of Revision form is attached and may be completed and returned to the Clerk for the purpose of appealing any assessment. Pursuant to Sections 48(1) and Section 49, landowners have the right to further appeals to the Drainage Tribunal on technical matters and pursuant to Section 47, the Drainage Referee on legal issues. A Notice to Appeal to Tribunal by Owner of Land or Public Utility form and Notice to Appeal to Referee form are also enclosed herewith. The appeals must be received by the Town Clerk within forty(40) days from the date of this mailing, being before 5:00 p.m. on Monday, December 12, 2016. Assessed landowners with any concerns regarding the Municipal Drain or the Engineer's Report are encouraged to contact the Drainage Superintendent, Dave Maiden at 905-871-1600 ext. 2412, email dmaiden@forterie.ca or Margarete Taddeo, Records Management Assistant at 905-871-1600 ext. 2214, email mtaddeot forterie.ca. Dated at Fort Erie, Ontario, this 1st day of November, 2016. .00 Laura Bubanko Manager, Legislative Services/Clerk The Municipal Corporation of the "° Town of Fort Erie jes 41, By-law No. 115-2016 Being a By-law to Provide for Drainage Works in the Town of Fort Erie, in the Regional Municipality of Niagara, known as the St. John's Marsh Municipal Drain Whereas the Municipal Council of the Town of Fort Erie has procured a report under Section 78 of the Drainage Act for the improvement of the St. John's Municipal Drain; and Whereas the Engineer's Report dated April 8, 2016 has been authored by Neal Morris of K. Smart Associates Limited and is attached as Schedule "A"and forming part of this by-law; and Whereas the estimated total cost of the drainage works is Three Hundred and Three Thousand, Five Hundred and Fifty-Five Dollars ($303,555.00); and Whereas Two Hundred and Forty-Four Thousand, Two Hundred and Seventy-One Dollars ($244,271.00) is the amount to be contributed by the Town of Fort Erie for the drainage works; and Whereas Fifteen Thousand, Five Hundred and Forty-Seven Dollars ($15,547.00) is being assessed in the City of Port Colborne and Forty-Three Thousand, Seven Hundred and Thirty- Seven Dollars ($43,737.00) is being assessed in the City of Niagara Falls; and Whereas the Council is of the opinion that drainage of the area is desirable; Now therefore the Municipal Council of The Corporation of theTown of Fort Erie enacts as follows: 1. That the Engineer's Report prepared by K. Smart Associates Limited dated April 8, 2016, attached as Schedule "A"and forming part of this by-law, is adopted and the drainage works is authorized and shall be completed as specified in the report. 1 That a Schedule of Assessments of lands and roads in the Town of Fort Erie, City of Port Colborne and City of Niagara Falls, as set out in Schedule "C" of the aforestated Engineer's Report, is attached as Schedule"B"to this by-law. 3. That this by-law shall come into force and effect on the passing thereof. By-law No. 115-2016 Page 2 4. That the Clerk of the Town is authorized to effect any minor modifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a first and second time and provisionally adopted this 24th day of October, 2016. Mayor Clerk Read a third time and finally passed this day of , 201_. Mayor Clerk I,Laura Bubanko,the Clerk, of The Corporation of the Town of Fort Erie certifies the foregoing to be a true copy of By-law No. 115-2016 of the said Town.Given under my hand and the seal of the said Corporation,this day of 20 Dean Iorfida From: Nancy Benedict <nbenedict@fxworxinc.com> Sent: Monday, October 31, 2016 8:12 AM To: Dean Iorfida Cc: Angela Alberga Subject: Skylon NYE Fireworks Good morning Dean, It's that time of year!! I hope you have had a great 2016. We respectfully request that our applicaton to present fireworks from the observation level and the roof of the Skylon Tower for NYE 2016/2017 be put before Niagara Falls City Council for approval. The insurance certificate will name as additional insured the City of Niagara Falls, as in the past. Please contact me if you have any questions. Thank you in advance. Warm regards, Nancy Benedict ITA PraCTECIINICS A Division Of Fx Worx Inc. V: 905-304-1348 Cel: 289-439-PYRO (7976) www.fxworxinc.corn www.facebook.com/FxWorx The information in this e-mail is intended solely for the addressee(s) named, and is confidential. Any other distribution, disclosure or copying is strictly prohibited. If you have received this communication in error, please reply by e-mail to the sender and delete or destroy all copies of this message. 1 Dean Iorfida From: Shelby Agnew <SAgnew@nfchc.ca> Sent: Thursday, September 29, 2016 2:59 PM To: Dean Iorfida Cc: Carey Campbell; Henri-Louis St-Martin Subject: Dental Health Access - Resolution of Support Attachments: Resolution of Support - Dental Health Access.pdf Good afternoon Dean, I am sending along a municipal resolution that I am hoping to advance at the Niagara Falls city council. We would be able to send representations from Niagara Falls Community Health Centre to speak as a delegation in order to provide further context and support around the issue if needed. I have attached the resolution template to this e-mail. I look forward to hearing from you, Shelby Agnew Health Promoter Niagara Falls Community Health Centre 4481 Queen Street Niagara Falls ON L2E 6S8 T-905-356-4222 ext. 225 F-905-356-5676 NFC HMH� a 110 Confidentiality Warning:This message and any attachments are intended only for the use of the intended recipient(s),are confidential and may be privileged. If you are not the intended recipient,you are hereby notified that any review,retransmission,conversion to hard copy,copying, circulation or other use of this message and any attachments is strictly prohibited.If you are not the intended recipient, please notify the sender immediately by return email and delete this message and any attachments from your system.Thank you. itk .\ Please consider the environment before printing this email. 1 411W NFCHC HEALTH CEANTRE 4481 Queen St,PO Box 123,Niagara Falls,ON L2E 658 ( 905-356-4222 www.nfchc.ca DENTAL HEALTH ACCESS RESOLUTION Resolution Regarding the Expansion of Provincial Publicly Funded Dental Health Programs for Adults with Low Incomes Presented to the Niagara Falls Municipal Council October 25, 2016 Shelby Agnew, Health Promoter, Niagara Falls Community Health Centre WHEREAS in Canadian public policy the care of our lips, tongues and throats is fully covered by public funding, but not our teeth and gums; and WHEREAS oral health is essential to maintaining overall health; and WHEREAS a mounting body of evidence shows a link between poor oral health and diabetes, cardiovascular and respiratory diseases and Alzheimer's disease; and WHEREAS untreated tooth decay, gum disease and tooth loss results in social and psychological suffering and interferes with employment opportunities; and WHEREAS between 2 to 3 million Ontarians have not seen a dentist in the past year mainly due to the cost of private dental services; and WHEREAS approximately every 9 minutes a person in Ontario arrives at a hospital emergency room with a dental problem but can only get painkillers or antibiotics, and this costs the health care system at least$31 million annually with no treatment of the problem; WHEREAS almost a third of Canadians have neither public nor private insurance to help them pay for the care of their teeth and gums; and WHEREAS access to oral health care should not be limited to people with private health insurance or who can afford to pay out of pocket; and i Every , One R .,111111i, Matters. HEALTH 4481 Queen St,PO Box 123,Niagara Falls,ON L2E 658 I 905-356-4222 www.nfchc.ca WHEREAS Ontario's reform of the health care system should include oral health care so that vulnerable people in our communities have equitable access to the dental services they need to be healthy; and WHEREAS Ontario only has public dental programs for low income children, and no public programs for low income adults and seniors; and WHEREAS local Ontario Works (OW) recipients are eligible for limited discretionary coverage for emergency treatment only and Ontario Disability Support Program (ODSP) recipients are eligible for basic dental care and limited discretionary coverage for dentures; NOW THEREFORE BE IT RESOLVED THAT COUNCIL OF THE MUNICIPALITY OF NIAGARA FALLS RESOLVES AS FOLLOWS: Strongly endorses the importance of oral health and requests that the Premier of Ontario include oral health as part of the government's primary care transformation initiatives, and further That Council calls on the provincial government to expand public oral health programs with prime consideration for low income adults and seniors, and further That Council forwards copies of this resolution to the Premier of Ontario,the Minister of Health and Long-Term Care, Local Members of Provincial Parliament, Member Municipalities, and the Association of Municipalities of Ontario. References: Canadian Centre for Policy Alternatives. (2011). Putting Our Money Where Our Mouth Is:The Future of Dental Care in Canada. Canadian Health Measures Survey. (2007-2009). Statistics Canada King, Arlene. (2012). Oral Health - More Than Just Cavities. A Report by Ontario's Chief Medical Officer of Health. Goel, Vivek et al. (2012). Staying Ahead of the Curve: A Unified Public Health Program for Ontario. Every "v! One ► 4U ally;. Matters. t Paid I_, ._ November 3, 2016 Dean lorfida, Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Clerk lorfida, Re: Report—Office of the Ontario Ombudsman I have completed my investigation into whether council for the City of Niagara Falls held an improper closed meeting on February 10, 2015. Please find my final report enclosed. In accordance with section 14.1 (8) of the Ombudsman Act, the city should make my report available to the public, and we ask that this be done no later than the next council meeting. Pursuant to section 14.1 (9) of the Ombudsman Act, I will also post a copy of the report on my website at www.ombudsman.on.ca. Yours truly, J. Paul Dube Ombudsman of Ontario cc : Mayor Jim Diodati b d L111 , LI S - Investigation into the closed meeting held by the City of Niagara Falls on February 10, 2015 Paul Dube Ombudsman of Ontario November 2016 Complaint 1 In July 2016, our Office received a complaint about a meeting held by council for the City of Niagara Falls on February 10, 2015. The complaint alleged that council violated the Municipal Act, 2001 when it voted in closed session to commit $10 million towards a proposed partnership with a post-secondary institution. The complainant also indicated that this matter was not included on the meeting agenda and that council did not report back in open session following the vote. Ombudsman jurisdiction 2 Under the Municipal Act, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within prescribed exceptions. 3 As of January 1, 2008, the Act gives citizens the right to request an investigation into whether a municipality has properly closed a meeting to the public. Municipalities may appoint their own investigator or use the services of the Ontario Ombudsman. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. 4 The Ombudsman is the closed meeting investigator for the City of Niagara Falls. 5 When investigating closed meeting complaints, we consider whether the open meeting requirements of the Act and the municipality's procedure by- law have been observed. Investigative process 6 On August 8, 2016, we advised council for the City of Niagara Falls of our intent to investigate this complaint. 7 Members of the Open Meeting Law Enforcement Team (OMLET) reviewed the city's procedure by-law and relevant portions of the Act, as well as the meeting notice, minutes, contemporaneous notes made during the meeting, and other related materials. They also reviewed media stories related to the February 10, 2015 meeting and various letters sent 2 City of Niagara Falls Ombudsman November2016 C i',= T A P i 0 by the Mayor and city staff in support of the proposed partnership. They interviewed all nine members of council, as well as the Clerk and Chief Administrative Officer. 8 We received full co-operation in this matter. Council procedure 9 Rule 2 of the city's procedure by-law' provides that regular council meetings are held at 6:00 p.m. on the dates set out in a schedule to the by-law, unless otherwise provided by special resolution of council. Under Rule 3, notice of special meetings is to be provided to each member of council at least 48 hours in advance of the meeting, with a list of all items to be dealt with at the meeting. The by-law does not provide for public notice of regular or special council meetings. 10 However, according to the city's website, council meetings are held on Tuesday nights and start at 5:00 p.m. in council chambers.2 The city's website states that: Council may have a Closed Meeting preceding the Council meeting, between 4 and 5:00 p.m., in compliance with s. 239(2) of the Municipal Act. More information on closed meetings can be found on our Closed Meetings of Council page. Resolutions to go into a Closed Meeting are viewable through the Agenda's [sic] & Minutes link. 11 A yearly meeting calendar is provided on the city's website, with a notice that the schedule is subject to change. The website states that council agendas are made available on the city's website by the Thursday prior to each meeting. 12 In three previous reports, our Office has identified issues with the city's procedure by-law and recommended that the notice provisions be updated to comply with section 238(2.1) of the Municipal Act and to accurately 1 City of Niagara Falls, by-law no. 89-155, A by-law to provide for the Standing Rules of the Council(19 June 1989), online:<https://www.niagarafalls.ca/pdf/by-laws/procedural-by-law.pdf>. 2"Council Meeting Schedule", City of Niagara Falls, online:<https://www.niagarafalls.ca/city- hall/council/schedule.aspx>. 3 City of Niagara Falls November 2016 reflect the city's practices.3 Specifically, we recommended that the by-law be amended to: • require notice to the public of regular and special council meetings; • require public posting of agendas for the open and closed sessions of regular and special meetings; and • reflect council's practice of meeting at 5:00 p.m. for regular council meetings. 13 Council for the City of Niagara Falls should amend its procedure by-law to implement our Office's previous recommendations regarding public notice, posting of agendas, and timing of council meetings. February 10, 2015 council meeting 14 On February 10, 2015, 4:00 p.m., council for the City of Niagara Falls met for a regular meeting in Committee Room 1. After calling the meeting to order in open session, council immediately resolved to move into closed session to consider a matter: that falls under the subject matter of 239(c) a proposed acquisition or disposition of lands and 239(f), advice that is subject to solicitor- client [sic], related to 4320 bridge [sic] Street, 4327 Bridge Street and 4601 Park Street. 15 The agenda described the closed session's subject matter in the same way. Each of these addresses corresponds to a city-owned property in downtown Niagara Falls. 3 Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held an illegal meeting on October 8, 2013(February 2015) at para 62, online: <https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara-Falls-(2).aspx>; Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held an illegal closed meeting on April28, 2015(November 2015) at para 42, online: <https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara-Falls-(3).aspx>; and Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held illegal closed meetings between July 2011 and August 2013 with respect to Marineland(February 2015) at para 49, online:<https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara- Fal is----Park-Protest-.aspx> 4 City of Niagara Falls Ombudsman November2016 ONTAR 0 16 Although council now audio records its open and closed meetings, the February 10, 2015 meeting occurred before this practice was implemented. Council's discussion 17 Once in closed session, the city's Chief Administrative Officer (CAO) reminded council that one of its strategic priorities was to find a post- secondary institution looking to establish a campus in downtown Niagara Falls. The CAO explained that in furtherance of this goal, the city was in contact with a specific post-secondary institution that wished to partner with the city and another private partner to submit an application for federal development funding. 18 The CAO indicated that, if the project were to proceed, the city would be expected to contribute up to $10 million to the project and that this amount could include the value of land, services, or other in-kind contributions. During this explanation, the Mayor and Director of Business Development indicated that, because of the program's application deadline, council needed to provide direction to staff that evening about whether to proceed with the partnership. 19 After providing this background, the CAO discussed various city-owned properties in downtown Niagara Falls that could be affected by the proposed partnership. Although the recollection of councillors varied somewhat due to the passage of time, the majority of those we interviewed advised that council's discussion was cursory and high level. They indicated that council discussed the general possibility that the city may have to sell or give specific city properties to the post-secondary institution if the downtown campus development were to proceed. In addition, those we interviewed advised that council briefly considered whether it would be willing to contemplate expropriating a specific property to facilitate the development. These recollections are supported by contemporaneous notes from the meeting, which indicated that council would be provided with details about these properties once the funding application was further along. 20 During these discussions, council did not discuss the value of any of the properties, nor the imminent possibility of disposing of them. Rather, the CAO was seeking guidance about whether council would consider selling the city-owned properties and/or expropriating the private property if the funding application were approved at a future date. 5 City of Niagara Falls November2016 21 In the course of the meeting, several councillors requested specific information about the post-secondary institution (e.g. its name), draft business plans, impact studies, and return on investment calculations. They indicated that this information would help them make an informed decision about whether to proceed with the proposed partnership. In response, the CAO and Mayor indicated that the post-secondary institution had asked for secrecy to protect its strategic business position. Regarding the other requested documents, councillors were told it was too early in the process for that type of analysis. However, they were assured that if the partnership were to proceed and the application was granted, this type of information would come before council before council was asked to make any final decision. 22 Following this explanation, council proceeded to discuss what type of direction staff was seeking. Some councillors were initially concerned that they were being asked to vote to commit $10 million without having any details about the development proposal. However, after further discussion, staff clarified that they were not asking council to commit $10 million during the closed session. Rather, they said they were seeking council's direction to tell the post-secondary institution to proceed with the development funding application. City staff told council that, in the future, it would have a chance to review the specific terms of the development proposal in open session before deciding whether to commit $10 million to the project. 23 One councillor was concerned about this explanation and continued to believe that council was being asked to commit $10 million during the closed session. In response, staff reiterated the type of direction they were seeking and told council that it would not be obligated to commit any money if it was not satisfied with the ultimate proposal. Following this explanation, council passed a resolution to: [d]irect staff to indicate to the post-secondary institution, Council's interest in partnering on the funding proposal. 24 With one exception, all councillors and staff members told our Office that that they believed this resolution directed staff to contact the post- secondary institution and proceed with the funding application. However, one councillor felt that despite the wording of the resolution, every councillor understood they were voting to commit $10 million to the development proposal. 6 City of Niagara Falls Omoudsman November2016 25 Some individuals told our Office that council specifically discussed whether the subject matter of the meeting was appropriate for in camera consideration. They indicated that, in response, the Clerk told council that it was entitled to discuss property matters during the closed session. In retrospect, however, the Clerk advised our Office that he does not believe the discussion fell within the "acquisition or disposition of land" closed meeting exception. He indicated that the properties were only discussed in a general way and that the majority of council's discussion instead related to the development proposal and whether council was being asked to commit $10 million in closed session. Return to open session and report back 26 At 5:00 p.m., council resolved to return to open session. Once in open session, council passed a public resolution directing staff to proceed with the funding application and to investigate possible partnerships related to that program. In their interviews, councillors indicated that this resolution was intended to provide the public with general information about the direction that council had previously provided in camera. 27 The council meeting adjourned at 8:10 p.m. The Mayor's February 12, 2015 letter 28 During the course of this investigation, our Office was provided with a letter signed by the Mayor and addressed to the development funding program discussed during the February meeting. The letter has been referenced and quoted from in several media reports regarding the February 10, 2015 meeting.4 The letter was dated February 12, 2015 — two days after the council meeting — and stated in part that: On behalf of the Council of the City of Niagara Falls, I am pleased to provide the City's endorsement and full support for [the development funding application]. The Niagara Falls City Council has committed $10 million to the project over the 4 year period as a partner in this initiative consisting of $8.5 million in financial 4 For instance: Ray Spiteri, "Council misled over Ryerson plan: loannoni", Niagara Falls Review (27 June 2016), online:<http://www.niagarafallsreview.ca/2016/06/27/council-misled-over- ryerson-plan-loannoni>. 7 City of Niagara Falls Ombudsman November2016 support and $1.5 million of in-kind contributions as further detailed in the proposal. [emphasis added] 29 When asked about the apparent contradiction between the letter and council's direction to staff, the Mayor said that the letter was intended to be persuasive and that it did not reflect council's decision during the meeting. He said that the development funding program would not have taken the application seriously if the letter did not say that council had committed $10 million to the proposal. The Mayor indicated that he had written similar letters when applying for other types of development funding, and that in each of those instances, council understood that it was not committing any money during the application stage. Analysis Closed meeting exceptions "Acquisition or disposition of land"—s.239(2)(c) 30 Council relied on the "acquisition or disposition of land" exception in section 239(2)(c) to discuss whether the city wished to apply for development funding in partnership with an unnamed post-secondary institution. 31 The acquisition or disposition of land exception allows council to discuss the sale, lease, or purchase of land within a closed session, with the primary purpose being to protect the municipality's bargaining position in property negotiations. 5 32 Previously, our Office analyzed the scope of this exception in the context of a very similar closed meeting held by council for the City of Niagara Falls.6 In that meeting, council discussed a consultant's report related to the possibility of establishing a downtown campus in partnership with a post-secondary institution. During the meeting, council referenced certain 5 Letter from Ombudsman of Ontario to Town of Ajax (28 March 2014), online: <http://www.ombudsman.on.ca/Files/sitemedia/Documents/Ajax-Closing-Letter---May-23-13-- final.pdf>. 6 Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held an illegal meeting on October 8, 2013(February 2015) at para 62, online: <https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara-Falls-(2).aspx>; 8 City of Niagara Falls Ombudsman November 2016 city-owned and private properties that could be affected if a downtown campus were to be established. However, the discussions did not address how the properties were to be appraised or sold, and there was no discussion about putting specific properties on the market. 33 In our Office's February 2015 report, we determined that council's discussion did not fall within the "acquisition or disposition of land" exception, or any exception, to the Act's open meeting requirements. Our Office based this conclusion on the fact that: council did not discuss the acquisition or disposition of city lands with a view to protecting the city's bargaining position in property negotiations.' 34 Unfortunately, this finding was shared with council for the City of Niagara Falls after the February 10, 2015 meeting had already occurred.8 Accordingly, council was unaware of the report's conclusions when it once again relied on the "acquisition or disposition of land exception" to discuss matters related to the proposed downtown development. 35 During the February 10, 2015 in camera meeting, council discussed whether it wished to pursue development funding in partnership with an unnamed post-secondary institution. As part of that discussion, council was told that the city may have to contribute $10 million to the project and that certain city-owned properties may be included as part of that contribution. In addition, council briefly discussed the possibility of expropriating a certain piece of private property if the development were to proceed. These discussions were high level and general because council did not have any details about the post-secondary institution and did not know whether the funding proposal would be granted. Council did not have appraisal information for the properties, was taking no practical steps to sell them, and was not engaged in negotiations to dispose of the properties. Accordingly, council was not entitled to rely on the "acquisition or disposition of land" exception to close its discussion to the public. "Advice subject to solicitor-client privilege"—s.239(2)(f) 36 Council's resolution to proceed in camera also cited the closed meeting lbid at para 44. 8 The Ombudsman's report was on the March 10, 2015 council agenda, online: <https://docs.niagarafalls.ca/weblink/0/doc/735474/Pagel.aspx>. City of Niagara Falls Ombudsman November 2016 exception for "advice subject to solicitor-client privilege" under section 239(2)(f) of the Act. This exception can only be used when advice from a solicitor or related communication actually exists for council's consideration. Communication will only be found to be subject to solicitor- client privilege if it is: (a) between a client and his or her solicitor, where the solicitor is acting in a professional capacity; (b) made in relation to the seeking or receiving of legal advice; and (c) intended to be confidential.9 37 While the City Solicitor was present during the February 10, 2015 meeting, those with the best recollection of the meeting said that he did not provide any legal advice or participate in the discussion. When asked why this exception was included in the resolution to proceed in camera, the Clerk indicated that he often cites it because he knows the City Solicitor will be present and that legal advice may be provided. 38 In this case, however, the solicitor did not communicate legal advice to council during the February 10, 2015 meeting. Consequently, council was not entitled to rely on the "advice subject to solicitor-client privilege" exception. Sensitive business information and competitive interests 39 During the course of our investigation, many of those we interviewed said they felt it was important that council be able to protect its competitive interests by discussing the development funding application in closed session. They also indicated that the post-secondary institution specifically asked the city to keep the proposal confidential because the institution's development strategy was sensitive business information. 9 Solosky v the Queen, [1980] 1 SCR 821 at 837. 10 City of Niagara Falls Omoudsman November 2016 40 As our Office has previously noted, the Municipal Act does not contain a general closed meeting exception that allows a municipality to proceed in camera for the purpose of protecting its competitive interest or sensitive business information. The Ministry of Municipal Affairs is currently conducting a legislation review that includes a review of the Municipal Act. While the Ministry is no longer accepting comments about the Act, the City of Niagara Falls may consider raising this matter should draft legislation be introduced. Procedural matters Notice of council's discussion 41 We received a complaint that the February 10, 2015 meeting agenda did not contain notice of council's intended discussion. The complainant felt that the description provided on the meeting agenda was insufficient because it said council would be discussing a matter: that falls under the subject matter of 239(c) a proposed acquisition or disposition of lands and 239(f), advice that is subject to solicitor- client [sic], related to 4320 bridge [sic] Street, 4327 Bridge Street and 4601 Park Street. 42 Each property listed in this resolution was briefly discussed by council during the in camera meeting. 43 As noted in our Office's May 2016 report regarding a closed meeting in Norfolk County, the Act does not specify the content of the meeting notice that must be given to the public.10 However, section 238(2.1) of the Act requires that a municipality provide for public notice of its meetings in its procedure by-law. There is no provision in the Act that requires a municipality to provide advance notice of the individual matters that will be discussed in closed session. 44 In accordance with its regular practice, the city provided notice of the February 10, 2015 meeting on its annual meeting calendar. In addition, the agenda was posted on the city's website the Thursday prior to the 10 Ombudsman of Ontario, Investigation into the closed meeting held by Norfolk County's council- in-committee on December 1, 2015(May 2016) at para 40, online: <https://www.ombudsman.on.ca/Resources/Reports/Norfol k-County.aspx>. 11 City of Niagara Falls Ombudsman November 2016 meeting. While the city's procedure by-law does not currently reflect these notice practices and should be updated, the Act does not require that council provide additional information about the specific matters it intends to discuss in camera. Council's direction to staff—s.239(6) 45 We also received a complaint that council improperly voted in camera to commit $10 million towards the proposed partnership with the post- secondary institution. 46 Under section 239(6) of the Act, council may only vote in closed session if: (a) Subsection (2) or (3) [the Act's closed meeting exceptions] permits or requires the meeting to be closed to the public; and (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. 47 As noted in our October 2015 report regarding a closed meeting in the Municipality of Brighton, this exception allows a council to preserve the confidential nature of the closed meeting while nonetheless giving effect to council's decisions through directions to staff." 48 During the February 10, 2015 closed session, council voted to a pass a resolution: [directing] staff to indicate to the post-secondary institution, Council's interest in partnering on the funding proposal. 49 Given our finding that the subject matter of the meeting did not fall within any of the enumerated exceptions contained in the Municipal Act, council was not permitted to vote on any resolution, including this direction to staff, in closed session. " Ombudsman of Ontario, Investigation into the Municipality of Brighton's alleged violation of the Municipal Act, 2001 (October 2015) at para 34, online: <https://www.ombudsman.on.ca/Resources/Reports/Municipality-of-Brighton-(2015).aspx>. 12 City of Niagara Falls Ombudsman November 2016 Report back following closed session 50 We received a further complaint that council failed to report back publicly following its in camera discussion on February 10, 2015. 51 Numerous closed meeting investigators, including our Office, have recommended that municipalities adopt the best practice of reporting back.12 In a 2009 report regarding closed meetings in the County of Essex, Local Authority Services recommended that councils "report...in a general way, what happened at the closed session".13 Similarly, Douglas R. Wallace noted in his 2009 investigation into closed meetings in the City of Ottawa that council should report in open session the fact that council had met in camera, the matters which were considered, and that no votes were taken other than to give directions to staff or to deal with procedural matters.14 52 The open meeting minutes from February 10, 2015 indicate that, following the in camera discussion, council passed a resolution in open session authorizing staff to take certain actions related to the development funding application. In their interviews, councillors indicated that this resolution was intended to provide the public with information about the direction that council had provided to staff in camera. Accordingly, our review indicates that council reported back in a general way about what occurred in the closed session. Opinion 53 Council for the City of Niagara Falls contravened the Municipal Act, 2001 on February 10, 2015, when it went in camera to discuss whether the city should partner with a post-secondary institution to apply for development funding. 12 Ombudsman of Ontario, Investigation into whether council for the Municipality of Magnetawan held illegal closed meetings(June 2015) at para 54, online: <http://www.ombudsman.on.ca/Files/sitemedia/files/FinalReport-Magnetawan_2015.pdf>. 13 Local Authority Services, A Report to the corporation of the County of Essex(September 2009) at 17, online:<http://www.agavel.com/wp- content/uploads/2013/09/Essex_County_Report_Sep_18_Fi nal.doc>. 14 Douglas R Wallace, Report to the council of the City of Ottawa, online:<http://ottawa.ca/en/city- hall/accountabi lity-and-transparency/accou ntabil ity-framework/december-19-2008-jan uary-6- 2009>. 13 City of Niagara Falls Omoudsman November 2016 54 During the meeting, council discussed the financial contribution that would be expected from the city if the project were to proceed, as well as various properties where the development could be located. These discussions were preliminary and high level because council had limited details about the proposal and did not know whether the funding application would be accepted. Council did not consider how the properties were to be appraised or sold, and the city was not engaged in negotiations to dispose of the properties. This meeting did not fall within the "acquisition or disposition of land" exception, or any exception, to the Municipal Act's open meeting requirements. Further, because the meeting was not permitted to be closed to the public under the Municipal Act, council was not entitled to vote in closed session on a resolution directing staff to proceed with the partnership. Recommendations 55 I make the following recommendations to assist the city in fulfilling its obligations under the Act and enhancing the transparency of its meetings. Recommendation 1 All members of council for the City of Niagara Falls should be vigilant in adhering to their individual and collective obligation to ensure that council complies with its responsibilities under the Municipal Act, 2001 and its own procedure by-law. Recommendation 2 Council for the City of Niagara Falls should ensure that no subject is discussed in closed session unless it clearly comes within one of the statutory exceptions to the open meeting requirements. Recommendation 3 Council for the City of Niagara Falls should ensure that its in camera votes comply with section 239(6) of the Municipal Act, 2001. 14 City of Niagara Falls Omoudsman November2016 Recommendation 4 Council for the City of Niagara Falls should amend its procedure by-law to implement our Office's previous recommendations regarding public notice, posting of agendas, and timing of council meetings. Report 56 Council for the City of Niagara Falls was given the opportunity to review a preliminary version of this report and provide comments to our Office. No comments were received. 57 My report should be shared with council for the City of Niagara Falls and made available to the public as soon as possible, and no later than the next council meeting. Paul Dube Ontario Ombudsman 15 City of Niagara Falls Ombucsman November 2016 CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: November 22, 2016 Re: Commercial Parking Lots Staff has been meeting internally on the above noted issue. A meeting with existing, licensed commercial parking lot operators is being scheduled. Operators will be advised of the BIA's request for improved aesthetics and the fiscal year for licence renewals will be moved to April. A Council report will come in the new year. RECOMMENDATION: Refer to staff. A Great City ... For Generations To Come Clifton Hill T DISTRICT F: Victoria-Centre BIA Top0fCliftonHill.com October 5th Jim Diodati & City Councillors City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Victoria Centre BIA-Commercial Parking Lots The Victoria Centre BIA wishes to have stricter enforcement of the Commercial Parking Lot By-Laws. For several years now Commercial Parking lots in our area have been able to renew their licenses and or receive temporary licenses while not meeting the minimum By-Law requirements set by the City. As co-investors into updating services, cleanliness and safety within the Victoria Centre BIA boundaries we are extremely concerned about maintaining these standards. This summer we reviewed the state of our Commercial Parking Lots with City staff to discuss how we can work together to create an area that we can be proud of and what needs to happen so that we can support each other and the businesses to be the best they/we can be. During this walk through the VCIBA addressed our biggest concerns regarding Commercial Parking lot compliance. VCBIA Commercial Parking Lot Mandatory Requirements 1. Landscaping, a. Planting and sodding specifications to be outlined to ensure consistency throughout the BIA (specific buffer size to be determined as well as a permanent fixed border, nothing removable) Provide a landscaped area at least 3-m in width between edge of sidewalk and parking area utilizing city or privately owned property. Consult the applicable Zoning By-law for additional setback requirements. i. You must pave the first 3-meter apron at the entranceway ii. Allow approved signage within the buffer(refer to City signage by-law) iii. Parking meters are allowed within the buffer iv. Garbage receptacles b. a coordinated appearance with the existing or planned streetscape treatment (refer to our new streetscape design, a site plan must be approved by the City and the VCBIA. 2. Proper Signage a. Signage specifications will be drafted in accordance with the existing sign By-Law. 3. Paving and drainage are to be completed once your area has been streetscaped or to coincide with the streetscaping schedule. 4. Gravel Parking lots must be graded and treated annually to minimize dust and pot holes until paving and drainage are required to be completed once your area has been streets caped or to coincide with the streetscaping schedule. 5. No soliciting on roadways or entrances 6. Temporary or conditional commercial parking lots will not be permitted. a i 4' If 7, Clifton Hill T - - DISTRICT F: Victoria-Centre BIA TopOfCliftonHill.com 7. Parking Lot attendant buildings: Accessory buildings,fences, and other structures shall be maintained in a structurally sound condition and in good repair. Every part of a building structure shall be maintained in a sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety required by the Ontario building code. Structural members or materials that have been damaged or indicate evidence of deteriorating shall be repaired or replaced. Walls, roofs, and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials. 8. Lighting—Provide a comprehensive Lighting Plan for the parking lot site. Lighting should create a safe environment for the parking lot, enhance adjacent streets and pedestrian environments and be appropriate to the location, context and scale of the areas being lit. 9. Approved pylons may only be utilized within the parking area, - no chairs,tables,or other random pieces of furniture may act as substitute pylons. Please note that these items already exist within your existing By-Law/licensing requirements. What we're asking for is stricter enforcement of the specific issues listed above and for commercial licenses to be declined for renewal if the they are not met. The Victoria Center Business Improvement association is committed to support this request and to support the City in its enforcement. Before this year concludes City staff will be holding a meeting with the Commercial Parking lot owners to inform them of the BIA concerns and the upcoming stricter enforcement of By-Laws/Licensing in place, however this cannot happen without your support and more importantly your action. How do we make this happen? Sincerely, Frank LaPenna Chair, Victoria Centre BIA m 0 I- C 0 z �►4 ii1 Laa 4.11e1�,C '° _S CITYOF` iCANAOA NIGA� F The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Niagara lcewine Festival (the "Event") has been an annual event in January at the Scotiabank Convention Centre (S.C.C.) for the previous two years; and WHEREAS this year's event is scheduled for January 27 -29, 2017; and WHEREAS the event features wine stations, culinary stations and live entertainment; and WHEREAS the municipality is the owner of the S.C.C.; and WHEREAS it is in the municipality's best interest that the S.C.C. be regularly occupied with events, for the enjoyment of visitors and residents alike; and WHEREAS due to fact that the event organizer is neither a charity or not-for-profit organization, to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance; and WHEREAS the event is significant in that it will bring in attendees from throughout the Niagara Region, Southern Ontario and Western New York in the shoulder season. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2017 Niagara lcewine Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR 111 kjaL� CITY OF''_i CANADA mr, NIA6A�A The City of Niagara Falls, Ontario Resolution No. Moved by: Seconded by: WHEREAS sections 239(2), (3), and (3.1) of the Municipal Act outline the permissive and mandatory grounds for a municipal council to close a meeting to the public; and WHEREAS the Ombudsman's office report to Niagara Falls City Council, dated November 3, 2016 indicates that closing a meeting to the public regarding acquisition or disposition of City lands should only be done with a view to protecting the city's bargaining position in property negotiations; and WHEREAS the exceptions to the open meeting provisions do not currently allow a municipality to proceed In Camera for the purpose of protecting its competitive interest or sensitive business information; and WHEREAS many municipalities enter into public/private partnerships with third parties, who regularly protect sensitive commercial and business information that may hinder their competitive position if broadcast to the general public; and WHEREAS the Municipal Freedom of Information and Protection of Privacy Act is a piece of legislation within the municipal realm that protects the disclosure of commercial and financial information supplied in confidence would significantly prejudice an organization's competitive position; and WHEREAS municipalities should have some mechanism to protect their competitive position, not just in relation to land acquisition or disposition. THEREFORE BE IT RESOLVED THAT in light of the on-going review of the Municipal Act, the Ministry of Municipal Affairs be petitioned to allow one of the permissive grounds, for the closed meeting exceptions, to be the protection of the municipality's competitive interest or sensitive business information. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR co co . 5C `r- I 46, CITY OF ►CANADA MIAGARA THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2016 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns, Heavy Vehicle Restriction) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule R thereto the following item: PROHIBITED TURNS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY LOCATION DIRECTION PROHIBITED TURN TIMES OR DAYS Palmer Ave Bender St Southbound Left At any time (b) by adding to the specified columns of Schedule R thereto the following item: PROHIBITED TURNS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY LOCATION DIRECTION PROHIBITED TURN TIMES OR DAYS Dorchester Road North end of centre median Northbound to U-Turn At All Times island next to Optimist Square Southbound (c) by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES/DAYS Fourth Avenue Bridge Street and the north limit At All Times of Fourth Avenue Including "No Buses" Up to$5,000 Fine This By-law shall come into force when the appropriate signs are installed. Passed this twenty-second day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22,2016 Second Reading: November 22,2016 Third Reading: November 22,2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to provide for the exemption from taxation for municipal and school purposes, together with the cancellation of taxes owing for municipal and school purposes, with respect to the lands owned by the Boys and Girls Club of Niagara, municipally known as 8800 McLeod Road, Niagara Falls. WHEREAS on June 9, 2016, the Boys and Girls Club of Niagara Act (Tax Relief), 2016, (the "Act"), received Royal Assent; AND WHEREAS by subsections 2(1) and 3(1) of the Act, the Council of the City of Niagara Falls may pass a by-law exempting the lands owned by the Boys and Girls Club of Niagara and municipally known as 8800 McLeod Road, Niagara Falls, from taxation for municipal and school purposes, other than local improvement rates, beginning January 1, 2016; AND WHEREAS by subsections 2(2) and 3(2) of the Act, the Council of the City of Niagara Falls may pass a by-law cancelling the taxes for municipal and school purposes, other than local improvement rates, including interest and penalties, on the lands owned by the Boys and Girls Club of Niagara and municipally known as 8800 McLeod Road, Niagara Falls, for specified periods; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definition 1. In this by-law, "Lands" shall mean the land, as defined in the Assessment Act, and being Part Township Lot 180, Stamford, Parts 1 and 6 on Reference Plan 59R-12912, City of Niagara Falls, and municipally known as 8800 McLeod Road, Niagara Falls. Municipal Tax Exemption 2. The Lands shall be exempt from taxation for municipal purposes, other than local improvement rates, beginning January 1, 2016, and continuing for all subsequent years, if: a. the Boys and Girls Club of Niagara is the registered owner of the Lands; b. the Lands are occupied and used either: solely by the Boys and Girls Club of Niagara; or 2 ii. jointly by the Boys and Girls Club of Niagara and one or more other non-profit entities that would be exempt from taxation for municipal purposes, other than local improvement rates, if they owned and occupied the Lands solely; and c. the Boys and Girls Club of Niagara remains a registered charity within the meaning of the Income Tax Act (Canada). Tax Cancellation 3. The taxes owing on the Lands are cancelled, for municipal purposes other than local improvement rates, including interest and penalties, for the following periods, provided that the conditions set out in subsections 2(a), (b) and (c) of this by-law are satisfied: a. for all or part of the years 2011, 2012, 2013, 2014 and 2015; b. for any year or part of a year: to which the exemption applies; and ii. for which taxes have been levied. Non-Exempt Portion of Land 4. If any portion of the Lands are occupied and used by an entity other than the Boys and Girls Club of Niagara, that portion of the Lands so occupied and used is not exempt from taxation for municipal purposes as set out in section 2 of this by-law and cancellation of taxes for municipal purposes as set out in section 3 of this by-law does not apply to that portion of the Lands so occupied and used. School Tax Exemption 5. The Lands shall be exempt from taxation for school purposes, other than local improvement rates, beginning January 1, 2016, and continuing for all subsequent years, if: a. the Boys and Girls Club of Niagara is the registered owner of the Lands; b. the Lands are occupied and used either: solely by the Boys and Girls Club of Niagara; or ii. jointly by the Boys and Girls Club of Niagara and one or more other non-profit entities that would be exempt from taxation for school 3 purposes, other than local improvement rates, if they owned and occupied the Lands solely; and c. the Boys and Girls Club of Niagara remains a registered charity within the meaning of the Income Tax Act (Canada). Tax Cancellation 6. The taxes owing on the Lands are cancelled, for school purposes other than local improvement rates, including interest and penalties, for the following periods, provided that the conditions set out in subsections 5(a), (b) and (c) of this by-law are satisfied: a. for all or part of the years 2011, 2012, 2013, 2014 and 2015; b. for any year or part of a year: to which the exemption applies; and ii. for which taxes have been levied. Non-Exempt Portion of Land 7. If any portion of the Lands are occupied and used by an entity other than the Boys and Girls Club of Niagara, that portion of the Lands so occupied and used is not exempt from taxation for school purposes as set out in section 5 of this by- law and cancellation of taxes for school purposes as set out in section 6 of this by-law does not apply to that portion of the Lands so occupied and used. Chargeback 8. Section 353 of the Municipal Act, 2001, with respect to taxes collected on behalf of other bodies, shall apply to taxes cancelled pursuant to section 6 of this by- law. Passed this twenty-second day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22, 2016 Second Reading: November 22, 2016 Third Reading: November 22, 2016 CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to authorize the execution of a Licence Renewal Agreement — (Recreational) with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure regarding certain lands located in the City of Niagara Falls, described as Part of Lots 60, 112 & 113 Plan 109, Lots 6, 7, & 8 Plan 194, in the Township of Stamford, for public recreational purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Renewal Agreement — (Recreational) made between Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure as Licensor and The Corporation of the City of Niagara Falls as Licensee, respecting certain lands located in the City of Niagara Falls, described as Part of Lots 60, 112 & 113 Plan 109, Lots 6, 7, & 8 Plan 194, in the Township of Stamford, for public recreational purposes as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Renewal Agreement — (Recreational). 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Renewal Agreement — (Recreational). Passed this twenty-second day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22, 2016. Second Reading: November 22, 2016. Third Reading: November 22, 2016. HYDRO CORRIDOR Licence Renewal(rec.)August,2016 LICENCE RENEWAL AGREEMENT—(RECREATIONAL) BETWEEN: HER MAJESTY TILE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor") - and - CITY OF NIAGARA FALLS (hereinafter called the "Licensee") WHEREAS: A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by The Minister of Infrastructure(previously the Minister of Economic Development,Employment and Infrastructure) entered into a Licence Agreement with the Licensee, dated June 5th, 2012 (the"Licence Agreement"),regarding certain lands located in the City of Niagara Falls in the Regional Municipality of Niagara, described as Part of Lots 60, 112& 113 Plan 109, Lots 6, 7, & 8 Plan 194, in the Township of Stamford comprising an area of approximately 4.66 acres, (the"Licence Lands")for public recreational purposes; B. The Minister of Infrastructure is responsible for real property pursuant to the Ministry of Infrastructure Act, S.O. 2011, c. 9, Sched 27; C. Ontario Infrastructure and Lands Corporation confirms that it is the designated agent of the Minister of Infrastructure with authority to act in respect of the Licence Agreement. IN CONSIDERATION of the mutual covenants hereinafter set forth and the sum of five dollars ($5.00)paid by the Licensee to the Licensor,the receipt whereof is hereby acknowledged and other good and valuable consideration,the Licensor and the Licensee agree as follows: 1. The Licence Agreement is hereby renewed, subject to the terms set out below. 2. "Licensor" shall mean Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure. 3. The Term of the Licence Agreement shall be five (5)years, commencing on the 1st day of January, 2017. HONI File#:NIAGARA FALLS C 632.1-665 2 4. The Licensee shall pay to the Licensor an amount equal to fifty percent (50%) of the annual realty taxes or grants and/or payments in lieu thereof payable with respect to the Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the Licence Agreement for the purposes stated herein. 5. The Licensor's address for service of notice pursuant to the notice section of the Licence Agreement and other related particulars are amended as follows: Ontario Infrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 2L5 Attention: Patrick Grace—Director, Corridor Lands Telephone: (416)327-2959 Telecopier: (416) 327-3942 6. All terms which are defined in the Licence Agreement shall have the same meaning when used in this Licence Renewal Agreement unless they are amended herein. 7. Except as they may be amended by this Licence Renewal Agreement, all of the terms and conditions of Licence Agreement shall apply to the renewed Teuu and shall be binding upon and enure to the benefit of the Licensor and the Licensee. HONI File#:NIAGARA FALLS C 632.1-665 3 IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 20 . CITY OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: UWe have authority to bind the Corporation Signed by the Licensor at this day of 20_ HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: I have authority to bind the Corporation. HONI File#:NIAGARA FALLS C 632.1-665 4 Schedule "A" HONI File: NIAGARA FALLS C 632.1-665 Tenant: City of Niagara Falls Legal Description: Part of Lot 60, Lot 112 &Lot 113 Plan 109, Part of Lot 6,Lot 7,Lot 8 Plan 194 Township of Stamford, City of Niagara Falls Licensed Area: 4.66 acres Lands Owned by Her Majesty the Queen in the Right of Ontario ,,,,-./77 � Licensed Area TA .„.t:.--ii - :, 0. i;, \ II . di:...•----.-'I -14"114,7 . -II , ' ' '..7 't - : ' -- _ - \ w � te_..„<__ 'r i ^n%ud! I� ^' titr.„ fur ++in . a .a— --o- e L; .. ILL - - _ , - st,w,f,:;,„ ,....: ... _, . ,,. _ \ , ii. . f... i, 1 .. 1 it ...r,,,jr-i X11 1` - ii,1770.„,_..' --:', ! j,..ek, ._.,:-7\ 1- • .1, ii,,:-: t., .., ---, si . I` V SW ,.. I • '7/) ,. ..'!.7..il a I . 0 It, .,.. ham 4'44 I P� a4` ' 1 3:` 0 „.. .........; •-. 1;-• -i , 7....f.:t..,..,,-!11 s ,y a. A xi 11 i J 4. _ i _ m,. .l2ik-... -l^'n” _ . .mom. �Li"G�' rit'i�. � _ . ��€ � ... If HONI File#:NIAGARA FALLS C 632.1-665 CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to authorize the execution of an Agreement of Purchase and Sale with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure as Vendor and The Corporation of the City of Niagara Falls as Purchaser, for the purchase of certain lands located in the City of Niagara Falls, described as Part of Township Lots 185 and 199, Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 59R-15168, City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure as Vendor and The Corporation of the City of Niagara Falls as Purchaser, for the purchase of certain lands located in the City of Niagara Falls, described as Part of Township Lots 185 and 199, Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 59R-15168, City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement of Purchase and Sale. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement of Purchase and Sale. Passed this twenty-second day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22, 2016. Second Reading: November 22, 2016. Third Reading: November 22, 2016. HYDRO CORRIDOR APS—September,2014 AGREEMENT OF PURCHASE AND SALE OPERATIONAL LAND SALES TO MUNICIPALITIES BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the"Vendor") -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the"Purchaser") RECITALS: By Order-in-Council No.219/2015,approved and ordered February 18,2015,all the powers and duties of the Minister of Infrastructure under Order-in-Council No. 1376/2011 relating to infrastructure and real property matters of the Government of Ontario were assigned and transferred to the Minister of Economic Development, Employment and Infrastructure (now known as the"Minister of Infrastructure"). The Vendor is the owner in fee simple of the property defiled as the"Property"in Article 1.1(v) of this Agreement. Ontario Infrastructure and Lands Corporation ("OILC") confirms that it is the designated agent of the Owner and has the authority to exercise all rights of the Owner and that both the Owner and OILC are and shall be bound by all the Vendor's covenants,representations and warranties as provided herein. The Property consists of corridor land transferred to Her Majesty the Queen in Right of Ontario pursuant to section 114.2 of the Electricity Act, 1998, S.O. 1998,c.15, Sched.A as amended(the "Electricity Act")and is subject to the statutory right provided by section 114.5 of the Electricity Act. The Purchaser has offered to purchase the Property from the Vendor and the Vendor has agreed to sell the Property to the Purchaser on the terms and conditions hereinafter set forth. NOW THEREFOR in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration,the parties hereto agree as follows: RONI File:Stamford Twp.634-4748 -2- ARTICLE 1 DEFINITIONS 1.1 As used in this Agreement,the following terms shall have the following meanings: (a) "Agreement" means this agreement, all Schedules attached hereto and every properly executed instrument which by its terms amends,modifies or supplements this agreement. (b) "As Is Where Is" has the meaning ascribed to it in Section 5.1 of this Agreement. (c) "Authority" means any governmental authority, quasi-governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over, or having any interest in,the Property as defined herein, or the use thereof. (d) "Buildings" means any existing structure(s), fixtures (save and except tenant's fixtures, and fittings) and facilities located on the Lands, including all heating, ventilation,plumbing, electrical and mechanical systems and related components and equipment comprising a part thereof. (e) "Business Day" means any day on which the Government of Ontario normally conducts business. (f) "Class EA"means the Class Environmental Assessment Process for OILC Realty Activities as approved,amended,or renewed from time to time by the Minister of the Environment pursuant to section 14 of the Environmental Assessment Act, R.S.O. 1990,c.E. 18. (g) "Contaminant"means(i)any substance which,when it exists in a building or the water supplied to or in a building,or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environment or material risk to human health, and includes, without limitation,any flammables,explosives,radioactive materials,asbestos,lead paint, PCBs, fungal contaminants(including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials,petroleum and petroleum products, or(ii) any substance declared to be hazardous or toxic under any Environmental Law now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (h) "Date of Acceptance" means the date that OILC approves and accepts this Agreement. (i) "Date of Closing"means the day which is fifteen(15)Business Days following (i) the earlier of (A) the date that the Purchaser waives or satisfies its condition(s) contained in Article 5 of this Agreement and (B) the expiry of the Inspection Period if this Agreement has not otherwise been terminated in accordance with Article 5,or HONI File: Stamford Twp.632.1-4748 -3- (ii) the date that the Vendor fulfills its condition(s) contained in Article 6 of this Agreement, whichever date is the later date or any extension thereof pursuant to the terms of this Agreement. (j) "Deposit"means the deposit provided for in Section 2.1(a)of this Agreement. (k) "Environmental Law" includes, but is not limited to all applicable federal and provincial statutes,municipal and local laws, common law, and deed restrictions, all statues, by-laws, regulations, codes, licences, permits, orders, directors, guidelines, decisions rendered by any Authority relating to the protection of the environment, natural resources, occupational health and safety or the manufacture, processing, distribution, use, treatment, storage, disposal, packaging, transport, handling, containment, clean-up or other remediation or corrective action of any Hazardous Substance. (1) "H.S.T."has the meaning ascribed to it in Section 3.1 of this Agreement. (m) "Hazardous Substance" includes, but is not limited to any hazardous or toxic chemical, waste, by-product, pollutant, contaminant, compound, product or substance, including without limitation, any Contaminant, asbestos, polychlorinated biphenyls, petroleum and its derivatives, by-products or other hydrocarbons and any other liquid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment,release,disposal,abatement,cleanup,removal,remediation or handling of, which is prohibited, controlled or regulated by any and is defined in or pursuant to any Environmental Law. (n) "Information Package"means any package provided by OILC to the Purchaser containing copies of the Property Documents and other information relating to the Property. (o) "Inspection Period" means that period of time which is thirty (30) days following the later of the Date of Acceptance or the date the Vendor notifies the Purchaser that the approval of the Lieutenant Governor in Council has been obtained as provided for in Section 6.2(a)of this Agreement. (p) "Lands"means the land(s)described in Schedule"A"to this Agreement. (q) "Land Use Regulations" means any land use policies, regulations, by-laws, or plans of any Authority that apply to the use of the Property including the existing Official Plans,zoning by-laws and zoning orders. (r) "Municipality"means the municipality (or municipalities)where the Property is located. (s) "OILC"means Ontario Infrastructure and Lands Corporation. (t) "Owner"means Her Majesty the Queen in Right of Ontario as represented by the Minister of Infrastructure. (u) "Permitted Encumbrances"means the statutory right applicable to corridor land pursuant to section 114.5 of the Act, the pre-existing rights or interests in the corridor land pursuant to section 114.4 of the said Act, the rights of Hydro One Telecom Inc. pursuant to a Transfer and Grant of Easement Agreement dated April 1, 1999 and the encumbrances listed in Schedule"B"to this Agreement. (v) "Property" means collectively the Lands and the Property Documents but excludes Buildings and any other improvements on the Lands. (w) Property Documents" means documents in OILC's current possession, to the best of its knowledge,related to the Property and may include: (i) Plans, specifications and drawings for the Buildings, including architectural, structural and mechanical drawings, plans, specifications, HONI File: Stamford Twp.632.1-4748 -4- test results from engineers, architects and others relating to the Lands and related materials; (ii) Executed copies of any Tenancy Agreements,assignable service contracts, operating agreements and management agreements; (iii) Copies of assignable guarantees and warranties of materials, workmanship, labour and materials relating to the Property that are still in effect; (iv) Copies of building inspection reports, environmental reports, heritage reports and archaeological reports;and (v) Any plan of survey of the boundaries of the Lands. (x) "Purchase Price" means the total amount as set out in Section 2.1 that shall be paid by the Purchaser to the Vendor for the Property, exclusive of H.S.T. and subject to the adjustments specified in this Agreement. (y) "Vendor"means the Owner and/or OILC. ARTICLE 2 PAYMENT OF PURCHASE PRICE 2.1 Under this Agreement, the Vendor agrees to sell to the Purchaser and the Purchaser agrees to purchase from the Vendor the Property for the Purchase Price of One Million Five Hundred Sixty Three Thousand ($1,563,000.00) Canadian Dollars, payable by the Purchaser to the Vendor,by cheque or bank draft. ARTICLE 3 HARMONIZED SALES TAX 3.1 The Purchase Price of the Property does not include the Harmonized Sales Tax ("H.S.T.")payable by the Purchaser in respect of the purchase of the Property pursuant to the Excise Tax Act, R.S.C. 1985, c.E-15, as amended or replaced from time to time ("ETA"). Subject to Section 3.2 below,the Purchaser agrees to pay to the Vendor,on the Date of Closing, as a condition of closing of this transaction by certified cheque or bank draft, all H.S.T. payable as a result of this transaction in accordance with the certified ETA. 3.2 Notwithstanding Section 3.1 above, the Vendor shall not collect H.S.T. from the Purchaser in this transaction if the Purchaser is registered under the ETA and in that event, the Purchaser shall file returns and remit such H.S.T.to the Receiver General for Canada when and to the extent required by the ETA. The Purchaser shall provide to the Vendor, prior to the Date of Closing, a statutory declaration confirming that the Purchaser is registered under the ETA for the purposes of collecting and remitting H.S.T., and confirming its H.S.T.registration number under the Act,together with an indemnity in favour of the Vendor for any costs or expenses payable by the Vendor as a result of the Vendor's failure to collect H.S.T. from the Purchaser on the Date of Closing, such statutory declaration and indemnity to be in a form satisfactory to the Vendor's solicitor, acting reasonably. 3.3 The Purchaser's obligations under this Article 3 shall survive closing. ARTICLE 4 LAND TRANSFER TAX AND FEES 4.1 The Purchaser shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the transfer/deed of the Lands. ARTICLE 5 PURCHASER'S CONDITION,INSPECTION PERIOD. "AS IS WHERE IS" CONDITION AND INDEMNITY 5.1 The Purchaser shall accept, assume and take title to the Property in an "As Is Where Is" condition. The term "As Is Where Is" means in its condition or state on the date of this HONT File: Stamford Twp.632.1-4748 -5- Agreement without any agreement, representation, covenant, or warranty of any kind, either express or implied on the part of the Vendor, as to the state of title, description, physical condition,the condition of the soil,the subsoil,the ground and surface water or any other environmental matters, the condition of the Lands or any other matter respecting the Property whatsoever, including without limitation, compliance with all laws including but not limited to Environmental Law, the existence of any Hazardous Substance or Contaminant, the use to which the Property may be put and its zoning. Without limiting the foregoing, it is understood that the Purchaser accepts, assumes and takes title to the Property subject to the land uses currently permitted on the Property by the applicable Land Use Regulations and the Purchaser shall not make and is not authorized by the Vendor to make, prior to the closing of this transaction, any applications to the Municipality or any Authority for changes or variances to the uses currently permitted on the Property including,without limitation,changes or variances to official plans and/or zoning by-laws applicable to the Property. 5.2 During the Inspection Period, the Purchaser shall conduct whatever investigations, tests and inquiries it deems advisable with respect to the Property and its proposed use thereof including, without limitation, the condition and state of repair of any other matters of interest to the Purchaser with respect to the Property and shall satisfy itself with the result of all such investigations, tests and inquiries. If the Purchaser is not satisfied with any such matters, it shall have the right to terminate this Agreement by written notice at any time within the Inspection Period in which event the Deposit shall be returned to the Purchaser without deduction. 5.3 The Vendor grants to the Purchaser the right to enter upon the Property during the Inspection Period at its own risk and to conduct such investigations,tests and inquiries at its own expense as the Purchaser deems necessary in this regard,provided the Purchaser takes all reasonable care in the conduct of such investigations, tests and inquiries. The Vendor assumes no responsibility for and the Purchaser shall indemnify and save harmless the Vendor and Hydro One Networks Inc. from and against any and all claims, demands,costs,damages,expenses and liabilities whatsoever arising from its/their and/or its/their agents' or consultants' presence on the Property or its/their and/or its/their agents' or consultants' activities on or in connection with the Property. 5.4 hi the event that the Vendor has provided the Purchaser with any report regarding the condition of the Property, it is agreed that the Vendor makes no representations or warranties with respect to the completeness or accuracy of such report(s)and shall not be liable to the Purchaser, its agents, employees or lending institution in any way for any omission or inaccuracy contained therein. The Purchaser covenants and agrees that any and all reports provided by the Vendor or obtained by the Purchaser and the information contained therein are strictly confidential and the Purchaser represents and warrants that neither the Purchaser, its employees, agents, consultants, or lending institution, all of whom shall be bound by the same confidentiality obligations,will release the report(s)or any of the information contained therein to any other individual, or corporation or to any other Authority,other than such disclosure as is necessary to permit proper evaluation of the Property by the Purchaser's lending institution,without the express written consent of the Vendor,and the Purchaser shall refuse all requests for such report(s)or information in the absence of the Vendor's express written consent, unless compelled to do so by any competent judicial or administrative Authority. If this Agreement is terminated for any reason, the Purchaser will return to the Vendor all reports and Property Documents without keeping copies. The Purchaser shall deliver to the Vendor forthwith following receipt, copies of any and all environmental or other reports the Purchaser commissions or obtains during the course of its investigations. 5.5 In the event of this Agreement not being terminated as herein provided, the Purchaser shall be conclusively deemed to have waived all requisitions concerning any matters relating to the Property, save for any valid requisition on title made within the Inspection Period, and the Purchaser shall accept full responsibility for all conditions related to the Property, and the Purchaser shall comply with all orders relating to the condition of the Property issued by any competent government Authority,court or administrative tribunal, including any order issued against the Vendor including without limitation, any non- compliance with Environmental Law or relating to the existence of any Hazardous Substance or Contaminant. HONI File: Stanford Twp.632.1-4748 -6- 5.6 The Purchaser shall be responsible for and hereby indemnifies and saves harmless the Vendor and its employees, directors, officers, appointees and agents from any costs, including legal and witness costs, claims, demands, civil actions, prosecutions, or administrative hearings, fines,judgments, awards, including awards of costs, that may arise as a result of(a)the condition of the Property, (b)any order issued by any Authority in connection with the condition of the Property,or(c)any loss,damage,or injury caused either directly or indirectly as a result of the condition of the Property including,without limitation, non-compliance with Environmental Law or the existence of any Hazardous Substance or Contaminant or (d) any order, award, direction, payment, cost or other expense loss or liability constituting incremental costs as such term is used in Part IX.1 of the Electricity Act,1998 as amended from time to time,and(e)the Purchaser's failure to comply with any obligations of the owner of the Property as contained in the Permitted Encumbrances. 5.7 This Article 5 shall not merge but shall survive the Date of Closing and shall be a continuing obligation of the Purchaser. ARTICLE 6 VENDOR'S CONDITIONS 6.1 (a) This Agreement is subject to the conditions set forth in Sections 6.2, 6.3, 6.4 and 6.5 hereof which have been inserted for the sole benefit of the Vendor and may be waived by the Vendor in its sole discretion, or by its solicitors on its behalf. The conditions are conditions precedent to the obligation of the Vendor to complete this Agreement on the Date of Closing. (b) If a condition is not fulfilled within the applicable time period, if any, and the Vendor fails to notify the Purchaser or the Purchaser's solicitors that such condition has been waived or the time period for compliance has been extended within the applicable time period allowed, if any, this Agreement shall be null and void,notwithstanding any intermediate act or negotiations,and,neither the Vendor nor the Purchaser shall be liable to the other for any loss, costs or damages, and the Deposit shall be returned to the Purchaser without deduction. 6.2 (a) It is a condition of this Agreement that the Vendor shall have obtained the approval of the Lieutenant Governor-in-Council pursuant to subsection 9(4) of the Ministry of Infrastructure Act, S.O.2011, c.9, Sched 27 for the sale of the Property to the Purchaser, which approval the Purchaser acknowledges may be arbitrarily and unreasonably withheld and the Vendor shall notify the Purchaser if and when such approval is obtained. (b) The Purchaser agrees that should the Vendor be unable to satisfy this condition within nine (9) months following the Date of Acceptance, subject to any agreement between the parties, this Agreement shall automatically be terminated and the Deposit shall be returned to the Purchaser without deduction. 6.3 The Vendor shall undertake or has undertaken such actions and measures as it deems necessary to comply with the requirements of the Environmental Assessment Act,R.S.O. 1990, c.E. 18 and the Class EA in each such case as they apply to the Property and the transaction contemplated by this Agreement (collectively, the "Environmental Requirements"). 6.4 Notwithstanding any other provision of this Agreement,the closing of such transaction is subject to continuing compliance to the Date of Closing with all such Environmental Requirements and in the event that prior to the Date of Closing: (a) any Authority makes or issues any order or directive pursuant to the Environmental Requirements that necessitates that the Vendor, in addition to the actions and measures taken aforesaid, take other or different actions or measures to comply with the Environmental Requirements (including, without limitation, an order or directive requiring the Vendor to comply with Part H of the Environmental Assessment Act);or (b) the Vendor receives any notice or communication from any such governmental or public authority that it is considering whether to make or issue any such order or directive;or HONI File: Stamford Twp.632.1-4748 -7- (c) a written request has been made to the Minister of the Environment, of which the Vendor has notice, that other or different measures be taken to comply with the Environmental Requirements; then the Vendor may, at its option and in its sole discretion, extend the Date of Closing for up to an additional thirty(30)days by notice in writing to the Purchaser during which time the Vendor shall: (a) determine if the request in Section 6.4(c) above has been satisfied or has been refused; • (b) comply with such order or directive(as the same may be modified or withdrawn) at its own expense,in which event it may extend the Date of Closing up to(but no more than) three times, for a further thirty (30) days each (for a maximum of ninety(90)days in the aggregate);or (c) terminate this Agreement by written notice to the Purchaser, in which case this Agreement shall be null and void and of no further force or effect and the Deposit shall be returned to the Purchaser without deduction, and neither party shall be further liable to the other pursuant to this Agreement. 6.5 If at any time prior to the Date of Closing the Vendor receives notification or otherwise becomes aware of any claim or potential claim whatsoever for an interest in respect of the Property, by any First Nation or other aboriginal group or individual, in relation to any constitutional right, treaty right, land claim, surrender agreement or consultation right, including, without limitation, an interest in the title to the Property, a right to the use of the whole or any part of the Property, a restriction on the use of the Property or any part thereof for any purpose, a restriction on access to the Property or any part thereof, a claim for compensation, arising out of any interest or claimed interest in the Property or a right of consultation in relation to the Property,then the Vendor may at its option and in its sole and unfettered discretion extend the Date of Closing up to three(3) times for a period of thirty(30)days each time(maximum ninety(90) days) by notice in writing to Purchaser during which time the Vendor shall: (a) determine in its sole and unfettered discretion if such claim,potential claim or interest is capable of being satisfied or appropriate releases can be obtained from all interested parties to enable the Vendor to complete the sale of the Property to the Purchaser by the Closing Date free and clear of any such claim, potential claim or interest; or (b) have the right to terminate this Agreement by written notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and the Deposit and any interest accrued thereon shall be returned to the Purchaser and neither party shall be further liable to the other pursuant to this Agreement other than the Purchasers obligations pursuant to Section 5(3)of this Agreement. ARTICLE 7 RISK 7.1 Until the closing of this Agreement on the Date of Closing, the Property shall be and remain at the risk of the Vendor, except as otherwise provided in Article 5. The Purchaser acknowledges that the Vendor, in respect of damage to the Property, is self- insured. In the event of damage to the Property on or before the Date of Closing, the Vendor may elect (a) to repair the Property to the same state and condition as it was in at the time this Agreement was entered into in which event the Purchaser will complete the transaction without an abatement in the Purchase Price;or (b) to reduce the Purchase Price by an amount equal to the cost required to complete the repair as estimated by an independent qualified architect or engineer retained y the Vendor acting reasonably and at arms length in which event the Purchaser will complete the transaction and accept a price reduction equal to such cost,or HONI File: Stamford Twp.632.1-4748 -8- (c) to terminate this Agreement in which case the Deposit shall be immediately returned to the Purchaser, without deduction, and neither party shall have any further rights or obligations hereunder. ARTICLE 8 VENDOR'S WARRANTIES,REPRESENTATIONS AND COVENANTS 8.1 The Vendor warrants and represents to the Purchaser that the Vendor is not a non- resident of Canada within the meaning and intended purpose of section 116 of the Income Tax Act,R.S.C. 1970,c.I.5(Canada). 8.2 The Information Package, if any, provided by the Vendor or its agents, and any comments made by the Vendor, its employees, officers, directors, appointees, agents or consultants are for the assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations or warranties as to, and takes no responsibility for,the accuracy or completeness of any of the information it has provided to the Purchaser. ARTICLE 9 PURCHASER'S WARRANTIES,REPRESENTATIONS AND COVENANTS 9.1 The Purchaser warrants and represents to the Vendor and hereby declares that the Purchaser does not have a conflict of interest with the Owner or O1LC or with any of their respective directors, officers, appointees, employees or agents. The Purchaser agrees to provide a Statutory Declaration in the form attached hereto as Schedule "C" at the time of execution by the Purchaser of this Agreement. The Purchaser acknowledges that in the event that the information upon which the Statutory Declaration was provided has changed,the Purchaser shall inform the Vendor of such change up to and including the Date of Closing. 9.2 The Vendor shall deliver and the Purchaser shall accept vacant possession of the Property on the Date of Closing in an As Is Where Is condition, subject to the Permitted Encumbrances. 9.3 As of the Date of Closing,the Purchaser shall assume and be responsible as owner for the management and administration of the Property and the Vendor shall have no further responsibility whatsoever therefor. 9.4 Without limiting the generality of the foregoing, the Purchaser shall comply with the terms of and assume the obligations of the Owner under the terms of the Permitted Encumbrances as they relate to the Property, any agreement entered into by the Vendor with any Authority relating to the Property, all other agreements relating to public utilities and municipal services,the Land Use Regulations, all relevant municipal by-laws and all registered restrictions.The Purchaser further agrees and acknowledges that it shall assume and be bound by any contractual or other obligations which the Vendor, or any prior owner,may have entered into concerning the Property prior to the Date of Closing. 9.5 On the Date of Closing, the Purchaser will execute and deliver an Assignment, Assumption and Indemnity in the Vendor's standard form accepting, assuming and indemnifying the Vendor with respect to all such matters referred to in this Article 9. ARTICLE 10 PLANNING ACT 10.1 This Agreement is subject to compliance with the subdivision control provisions of the Planning Act, a Consent for which shall be obtained by the Purchaser at its sole expense. 10.2 The Purchaser acknowledges that although the Vendor is entitled to rely on the Provincial Crown exemption in section 50(3) (c)of the Planning Act from the requirement to obtain a Consent, the Vendor will not exercise its right to use such exemption unless requested to do so by the local municipal corporation in the absence of which the Vendor will be required to proceed by way of obtaining a Consent pursuant to the Planning Act from the relevant Municipality. If necessary, the Vendor shall proceed with diligence to obtain such Consent at the sole cost and expense of the Purchaser, which cost shall include all application fees, legal fees and disbursements, and all costs and expenses in connection with satisfying and/or complying with any conditions imposed as a condition of Consent HONI File: Stamford Twp.632.1-4748 -9- (the "Conditions"). If so requested by the Vendor, the Purchaser shall co-operate with the Vendor in the application for Consent by revealing its proposed plans for the Property, attending at any hearings and making submissions and/or executing any documents required as a condition of obtaining such Consent. 10.3 Notwithstanding the foregoing, if, after preliminary discussions with the Planning and Building Department of the relevant Municipality,the Vendor is of the opinion it will not be requested to use its Provincial Crown exemption or that the Consent would not be granted,the Vendor shall be entitled to terminate this Agreement and the Deposit shall be returned to the Purchaser without deduction and neither party shall have any further obligation to the other respecting this Agreement. 10.4 If approval by the appropriate body is not given or, if approval is given but Conditions are attached which the Vendor in its absolute discretion is not prepared to satisfy, or if approval is given,but is appealed and the Vendor is not prepared to defend such appeal, then the Vendor may, by notice in writing to the Purchaser, terminate this Agreement, and the Deposit shall be returned to the Purchaser without deduction and neither party shall have any further obligation to the other respecting this Agreement. 10.5 In the absence of delivery of notice of termination by the Vendor as described in Sections 10.3 or 10.4,this Agreement shall be completed on the later of: (a) the Date of Closing; (b) five(5)days after notice is given by the Vendor to the Purchaser that the Consent is final and binding, if no Conditions have been imposed and is not subject to further appeal;or (c) five (5) days after notice is given by the Vendor to the Purchaser that the Conditions have been satisfied, if Conditions have been imposed, and is not subject to further appeal. 10.6 Notwithstanding the foregoing, this Agreement may be terminated by the Vendor if the Consent is not final and binding,or if any Conditions which have been imposed have not been satisfied, within one hundred and eighty (180) days after the Date of Acceptance (the "Initial Period"). If the Consent is not final and binding, or if any Conditions imposed have not been satisfied,by such date,the Vendor may,at any time up to ten(10) days following the expiration of the Initial Period, or each extended time period, as the case may be,extend the time on one or more occasions to obtain the Consent in final and binding form, or to satisfy any Conditions imposed, as the case may be, for further periods of time chosen by the Vendor,provided that the total number of days of extension do not exceed three hundred and sixty-five (365) days after the Date of Acceptance (the "Extended Period")upon notice to the Purchaser. If the Consent is not final and binding, or if all Conditions have not been satisfied by the expiration of the Extended Period,this Agreement shall automatically be terminated and the Deposit shall be returned to the Purchaser without deduction and neither party shall have any further obligation to the other respecting this Agreement. 10.7 The parties acknowledge that the Vendor shall not be obligated to appeal any refusal to grant the Consent to the severance, or any Conditions imposed, by the Committee of Adjustment or Land Division Committee, or to defend any appeal to the Ontario Municipal Board of an approval but may,in its sole and unfettered discretion,be entitled to do so. 10.8 Request to exercise its Provincial Crown exemption pursuant to section 10.2 shall be in the form of: (a) a letter from the Municipality's Planning and Building Department requesting the Vendor to exercise its Provincial Crown exemption set out in subsection 50(3)(c) of the Planning Act;or (b) a resolution of the Council of the Municipality requesting that the Vendor exercise its Provincial Crown exemption set out in subsection 50(3)(c) of the Planning Act. HONI File: Stamford Twp.632.1-4748 • - 10- ARTICLE 11 REFERENCE PLAN 11.1 The Purchaser shall prepare and deposit, at its own expense, in the appropriate Land Registry Office, a reference plan of survey of the Lands, if required. The Vendor shall provide the Purchaser with a copy of the deposited reference plan for this transaction on or before the Date of Closing. ARTICLE 12 TITLE 12.1 The Purchaser shall have the Inspection Period to investigate title to the Property at the Purchaser's expense.The Purchaser agrees not to call for the production of any title deed, abstract, survey or other evidence of title to the Lands except such as are,to the best of the Vendor's knowledge,in the possession of the Vendor. 12.2 On the Date of Closing,the Purchaser shall accept title to the Property in an As Is Where Is condition subject to the following: (a) all registered and unregistered agreements, easements, rights, covenants and/or restrictions in favour of municipalities,publicly or privately regulated utilities or adjoining owners,or that otherwise run with the Lands; (b) any encroachments that are shown on existing surveys or as may be revealed by an up-to-date survey; (c) the Land Use Regulations; (d) all other Permitted Encumbrances. 12.3 The Purchaser agrees to satisfy itself with respect to compliance with all such agreements, easements,restrictions or covenants, encumbrances and regulations referred to herein and agrees that the Vendor shall not be required to provide any evidence of compliance with same. 12.4 If, during the Inspection Period, the Purchaser furnishes the Vendor in writing with a valid objection to title which the Vendor is unwilling or unable to remove, remedy and satisfy and which the Purchaser will not waive, this Agreement shall be terminated notwithstanding any intermediate acts or negotiations with respect to such objection,the Deposit shall be returned to the Purchaser without deduction and the Vendor shall not be liable for any costs or damages suffered by the Purchaser arising out of such termination or otherwise out of this Agreement. ARTICLE 13 NO ASSIGNMENT 13.1 The Purchaser shall not assign or register this Agreement, or any assignment of this Agreement,or any part of either,or register a caution in relation thereto. ARTICLE 14 PREPARATION OF TRANSFER/DEED DOCUMENTS AND LEGAL FEES 14.1 The Transfer/Deed of the Lands will be prepared by the Vendor, except for the Affidavit of Residence and Value of the Consideration("Land Transfer Tax Affidavit"),which will be prepared by the Purchaser. The Purchaser shall pay its own legal costs, registration costs,and all land transfer tax payable. 14.2 All reasonable legal costs incurred by the Vendor, inclusive of disbursements as they pertain to this Agreement and the completion of the transaction of purchase and sale, shall be paid by the Purchaser. Such costs shall be treated as an adjustment to the Purchase Price in accordance with this Agreement. HONI File: Stamford Twp.632.1-4748 - 11 - ARTICLE 15 TENDER 15.1 Any tender of money or documents pursuant to this Agreement may be made on the Vendor or the Purchaser or their respective solicitors. Money must be tendered in Canadian funds by certified cheque or bank draft. ARTICLE 16 ADJUSTMENTS 16.1 Adjustments between the Vendor and the Purchaser shall be made on the Date of Closing for taxes,local improvement rates,utility costs,rents,legal costs and disbursements,any other costs or expenses payable by the Purchaser hereunder, and other matters or items which are ordinarily the subject of adjustment. Such adjustments shall be made on the basis that the Date of Closing shall be for the Vendor's account. 16.2 Any adjustments that cannot be determined on the Date of Closing shall be determined by the parties as soon after the Date of Closing as is reasonably possible. Any amounts payable by one party to the other,as determined by the parties,acting reasonably,shall be paid within ten(10)days of the request for such payment.Upon closing,the Vendor and the Purchaser shall exchange undertakings to re-adjust the foregoing items,if necessary. ARTICLE 17 ELECTRONIC REGISTRATION 17.1 Where the Property is in an area where electronic registration is mandatory and the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c. L-4, and the Electronic Registration Act, S.O. 1991, c.-44, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the exchange of closing funds, non-registerable documents and other closing deliverables provided for herein and the release thereof to the Vendor and Purchaser will: (a) not occur at the same time as the registration of the transfer/deed(and any other documents intended to be registered in connection with the closing of this transaction);and (b) be subject to conditions whereby the lawyer(s)receiving any of the closing deliverables will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers,the form of which is as recommended from time to time by the Law Society of Upper Canada. ARTICLE 18 CLOSING DELIVERABLES 18.1 The Vendor shall deliver to the Purchaser on or before the Date of Closing, each of the following: (a) possession of the Property, in an As Is Where Is condition, subject to the Permitted Encumbrances; (b) an executed Transfer/Deed of Land in registerable form duly executed by the Vendor in favour of the Purchaser(save for any Land Transfer Tax Affidavit) or if applicable, such documents as are required to convey title in the electronic registration system; (c) an undertaking to re-adjust the statement of adjustments upon written demand, if necessary; (d) a direction regarding the payment of funds,if necessary; (e) statement of adjustments;and HOt,I File: Stamford Twp.632.1-4748 - 12- (f) such other deeds, conveyances or other documents as the Purchaser or its solicitors may reasonably require in order to implement the intent of this Agreement. 18.2 The Purchaser shall deliver to the Vendor on or before the Date of Closing: (a) payment of the balance of the Purchase Price subject to adjustments; (b) if applicable, such documents as are required to convey title in the electronic registration system; (c) a direction as to title,if necessary; (d) an undertaking to re-adjust the statement of adjustments upon written demand, if necessary; (e) H.S.T.Declaration and Indemnity; (f) Statutory Declaration referred to in Schedule"C"; (g) an Assignment, Assumption and Indemnity pursuant to Section 9.5 in the form prepared by the Vendor's solicitor; (h) Document Registration Agreement as set out in Schedule"D"; (i) Acknowledgement and Direction as set out in Schedule"E";and (j) such other deeds, conveyances,resolutions and other documents as the Vendor or its solicitors may reasonably require in order to implement the intent of this Agreement. ARTICLE 19 NOTICE 19.1 Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or electronic facsimile machine addressed to the Purchaser at: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Attention:Ken Beaman,City Solicitor Telephone: 905-356-7251 ext.4242 Facsimile: 905-371-2892 and to the Vendor at: c/o Ontario Infrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street West, Suite 2000 Toronto,Ontario, M5G 2L5 Attention:Patrick Grace—Director,Corridor Lands Telephone: (416)327-2959 Facsimile:(416)327-3942 or at such other addresses as the Vendor and the Purchaser may designate from time to time. Any such notice shall be conclusively deemed to have been given and received MONI File: Stamford Twp.632.1-4748 - 13- upon the same day if personally delivered or sent by facsimile or, if mailed, three (3) Business Days after the same is mailed. Any party may, at any time by notice given in writing to the other party,change the address for service of notice on it. ARTICLE 20 GENERAL 20.1 Time shall in all respects be of the essence of this Agreement,provided that the time for doing or completing any matter provided for in this Agreement may be extended or abridged by an agreement in writing, signed by the Vendor and the Purchaser or by an agreement between their respective solicitors who are hereby expressly authorized in this regard. 20.2 This Agreement shall be binding upon, and enure to the benefit of, the Vendor and the Purchaser and their respective successors and permitted assigns. The Vendor and the Purchaser acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Vendor and the Purchaser under this Agreement(collectively, the "Obligations")shall not merge on the closing of this transaction,but shall survive closing and remain in full force and effect and binding upon the parties, save and except as may be otherwise expressly provided for in this Agreement. 20.3 Whenever the singular is used in this Agreement,it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. 20.4 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property. 20.5 This Agreement and the rights and obligations of the Vendor and the Purchaser shall be determined in accordance with the laws of the Province of Ontario. 20.6 The Vendor and Purchaser agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The parties acknowledge that this Agreement and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, respectively. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 20.7 The Purchaser agrees to ensure that the Purchaser, its partners, directors, officers, employees, agents, sub-contractors,volunteers and its financial institution shall maintain the confidentiality and security of all material and information which is the property of the Vendor and in the possession or under the control of the Purchaser pursuant to this Agreement. The Purchaser agrees to ensure that the Purchaser, its partners, directors, employees, agents, sub-contractors,volunteers and financial institution shall not directly or indirectly disclose or use, either during or following the term of this Agreement, except where required by law, any material or information belonging to the Vendor pursuant to this Agreement,without first obtaining the written consent of the Vendor for such disclosure or use and in the event of termination of this Agreement,the Purchaser will be responsible for returning all such documentation and information to the Vendor without making copies. ARTICLE 21 IRREVOCABLE PERIOD 21.1 Signature of this Agreement by the Purchaser and the submission thereof to the Vendor constitutes an offer under seal,which is irrevocable for thirty(30)days from the date it is submitted to OILC and open for acceptance by the Vendor and, if necessary, by the Board of Directors of OILC during said thirty(30)day period, subject to an extension for a further period up to thirty (30) days at the sole discretion of the Vendor. This offer, once accepted on the Date of Acceptance, constitutes a binding contract of purchase and sale. This offer may be made and accepted by facsimile transmission,including facsimile signature provided that the original hard copy, with original signatures is received by both parties within seven (7) days of the facsimile acceptance. The Purchaser, in HON1 File: Stamford Twp.632.1-4748 - 14- submitting this offer, acknowledges that there has been no promise or representation or assurance given to the Purchaser that any of the terms and conditions in this offer are or will be acceptable to the Board of Directors of OILC. ARTICLE 22 PUBLIC INFRASTRUCTURE PURPOSE OF TRANSFER 22.1 (i) The Purchaser acknowledges and agrees that it requires the Lands solely for public infrastructure purposes and that it requested the Vendor to enter into the Agreement for the purpose of enabling it to construct such public infrastructure. (ii) The Purchaser further acknowledges and agrees that the Vendor has agreed to transfer the Lands to it and has entered into the Agreement in reliance on the Purchaser's acknowledgement and agreement herein that it will use the Lands solely for public infrastructure purposes. (iii) The Purchaser agrees that it shall not use the Lands for any purpose other than public infrastructure purposes. If the Purchaser uses the lands for a purpose other than public infrastructure purposes,the Purchaser shall re-convey the Lands to the Vendor within thirty (30) days of having received notice from the Vendor demanding such re-conveyance, and the Vendor shall pay to the Purchaser on the Date of closing of the re-conveyance the amount of the Purchase Price provided for in ARTICLE 2 herein and no other amount whatsoever. 22.2 For the purposes of section 22.1,the use by the Purchaser of the Lands for purposes other than public infrastructure purposes shall be deemed to include any one or more of the following circumstances: (i) if the Purchaser uses the Land for a purpose other than public infrastructure; (ii) if the Purchaser does not complete the construction of the planned public infrastructure within five (5) years following the Date of closing of the Vendor's conveyance of the Lands to it under the Agreement; (iii) if the Purchaser offers all or part of the Lands for sale,whether by way of an offer to the public or to a class of one or more purchasers and whether for nominal consideration or more, without having received the prior written consent of the Vendor,which consent may be arbitrarily withheld; (iv) if the Purchaser enters into an agreement of purchase and sale respecting all or part of the Lands, without having received the prior written consent of the Vendor,which consent may be arbitrarily withheld. 22.3 The Vendor may register or cause to be registered against the Lands one or more documents enabling it to enforce this ARTICLE 22, including without limitation, notice of the provisions of this ARTICLE 22 and a Caution, or restrictions, conditions or covenants under the Land Titles Act. HONI File: Stamford Twp.632.1-4748 - 15- OFFERED BY the Purchaser this day of ,20_. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: James M.Diodati Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I/We have the authority to bind the Corporation ACCEPTED BY the Vendor this day of ,20_ HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Nance: Title: I have the authority to bind the Corporation. I-IONI File: Stamford Twp.632.1-4748 - 16- Schedule"A" LEGAL DESCRIPTION OF LANDS Part of Township Lots 185 and 199, Stamford Township,being Parts 1,2,3,4,5,6 and 7 on Plan 59R-15168,City of Niagara Falls. HONI File: Stamford Twp.632.1-4748 - 17- Schedule"B" ADDITIONAL PERMITTED ENCUMBRANCES General Encumbrances: (a) the Lease,if any. (b) the Tenancy Agreements, if any, (for greater certainty including expired leases registered against title to the Property) and any notices of such leases registered on title to the Property, including all easements,rights of way,restrictions,restrictive covenants,servitudes and other similar rights in land contained in the leases, which exist as of the Date of Closing and any leasehold mortgages or security interests relating to tenants or the tenants' interest in respect thereof and which do not encumber the interest of the landlord thereunder; (c) Liens for real property taxes(which term includes charges,rates and assessments)or charges for electricity, power, gas, water and other services and utilities in connection with the Property or for construction in connection with the Property for amounts the payment of which is not yet due or delinquent; (d) easements, rights of way,restrictions, building schemes, licences, restrictive covenants and servitudes,rights of access or user,airport zoning regulations and other similar rights in land (including, without limitation,rights of way and servitudes for sewers, drains, gas and water mains, electrical power, telephone and cable conduits, poles, wires or cables) granted to, reserved or taken by any person which do not, in the aggregate, materially and adversely impair the use or marketability of any of the Property for the purposes for which it is presently held, and any rights reserved or vested in any Authority or public or private utility by the terms of any lease, licence, sub-licence, franchise, grant, agreement or permit, subdivision, development, servicing, encroachment, site plan, parking or other similar agreement with any Authority or public or private utility; (e) title defects or irregularities which do not, in the aggregate,materially and adversely impair the use or marketability of the Property for the purpose for which it is presently held; (f) cost sharing, common use, reciprocal or other similar agreements relating to the use and/or operation of the Property and/or adjoining properties and all security given by the parties thereto to each other to secure their respective obligations thereunder; (g) any subsisting reservations, limitations, provisos, conditions or exceptions, including royalties,contained in the original grant of the Property from the Crown; (h) any rights of expropriation, access or use, or any other right conferred or reserved by or in any statute of Canada or the Province of Ontario; (i) the provisions of all applicable law including by-laws, regulations, ordinances, land use contracts, development agreements and similar instruments relating (without limitation) to development,use and zoning; (j) encroachments by any improvements on the Property over adjoining lands and easements or rights of way and/or any improvements on adjoining lands encroaching on the Property which do not materially and adversely affect the use or marketability of the Property; (k) any claim for lien which although registered,or of which notice has been given,relates solely to work done by or on behalf of a Tenant under a Tenancy Agreement,so long as the Vendor has not assumed payment of such work. Specific Encumbrances: 1. jThe Lease(if any); 2. The following Tenancy Agreements: (List leases and licences affecting the Property to be assumed by the Purchaser). (ADD SPECIFIC LIST OF ANY ENCUMBRANCES DISCLOSED BY SOLICITOR'S TITLE REPORT). HONI File: Stamford Twp.632.1-4748 Schedule"C" STATUTORY DECLARATION Canada ) IN THE MATTER OF THE TITLE TO: Province of Ontario ) ) AND IN THE MATTER OF A SALE THEREOF from HER MAJESTY THE ) QUEEN,IN RIGHT OF ONTARIO,AS ) REPRESENTED BY THE MINISTER ) OF INFRASTRUCTURE AS REPRESENTED BY THE ONTARIO ) INFRASTRUCTURE AND LANDS ) CORPORATION ) (the"Vendor") TO WIT ) to: THE CORPORATION OF THE ) CITY OF NIAGARA FALLS (the"Purchaser") I, ,of the; j,in the Province of Ontario, DO SOLEMNLY DECLARE that: 1. I am the {title}J of {name of Purchaser}„the Purchaser in the above-captioned transaction and as such have knowledge of the matters hereinafter declared. 2. To the best of my knowledge and belief(name of Purchaser}]and Ontario Infrastructure and Lands Corporation are arms lengths parties and 1 {name of Purchaser} has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale,which would lead to the presumption that the parties are not arms lengths parties. 3. To the best of my knowledge and belief((name of Purchaser}1 and Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure are arms lengths parties and 1 {name of Purchaser} has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not arms lengths parties. 4. To the best of my knowledge and belief,there are no outstanding legal disputes or actions between the Vendor and Purchaser. 5. To the best of my knowledge and belief, (name of Purchaser} jis not in conflict with Ontario Infrastructure and Lands Corporation(or any of its employees)to the above transaction. 6. To the best of my knowledge and belief,I(narne of Purchaser} not in conflict with Her Majesty The Queen In Right of Ontario as Represented By The Minister of Infrastructure(or any of its employees)to the above transaction. AND I make this solemn Declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED by the above-named Declarant,before me at the of ) ,this ) day of ,20 . ) A Commissioner,etc. ) TIONI File: Stamford Twp.632.1-4748 Schedule"D" DOCUMENT REGISTRATION AGREEMENT BETWEEN: (hereinafter referred to as the"Purchaser's Solicitor") AND: (hereinafter referred to as the"Vendor's Solicitor") RE: (the"Purchaser")purchase from (the"Vendor") of (the "Property") pursuant to an agreement of purchase and sale dated , as amended from time to time (the "Purchase Agreement"), scheduled to be completed on (the"Closing Date") FOR GOOD AND VALUABLE CONSIDERATION (the receipt and sufficiency of which is hereby expressly acknowledged),the parties hereto hereby undertake and agree as follows: -Holding Deli:-eses 1. The Vendor's Solicitor and the Purchaser's Solicitor shall hold all funds and closing documentation exchanged between them(the"Requisite Deliveries")in escrow,and shall not release n escrow or otherwise deal with same except in accordance with the terms of this Agreement. Both the Vendor's Solicitor and the Purchaser's Solicitor have been authorized by their respective clients to enter into this agreement. Advising or 2. Each of the patties hereto shall notify the other as soon as reasonably possible following their respective receipt of the Requisite Deliveries (as applicable) of any defect(s) Concerns with with respect to same. Deliveries Selecting Solicitor 3. The Purchaser's Solicitor shall be responsible for the registration of the Electronic Documents (as hereinafter defined) unless the box set out below indicating that the Vendor's Responsible for Solicitor will be responsible for such registration has been checked. For the purposes of this Agreement,the solicitor responsible for such registration shall he referred to as the"Registering Registration Solicitor"and the other solicitor shall be referred to as the"Non-Registering Solicitor": Vendor's Solicitor will be registering the Electronic Documents - HONI File: Stamford Twp.632.1-4748 Responsibility of 4. The Non-Registering Solicitor shall, upon his/her receipt and approval of the Requisite Deliveries(as applicable),electronically release for registration the Electronic Documents and shall Non-Registering thereafter be entitled to release the Requisite Deliveries from escrow forthwith following the earlier of: Solicitor a) the receipt from the Registering Solicitor of notice of the registration particulars of the Electronic Documents;or b) the closing time specified in the Purchase Agreement unless a specific time has been inserted as follows{ a.m./p.m.on the Closing Date](the"Release Deadline"), and provided that notice under paragraph 6 below has not been received. If the Purchase Agreement does not specify a closing time and a Release Deadline has not been specifically inserted the Release Deadline shall be 6.00 p.m.on the Closing Date. Responsibility of 5. The Registering Solicitor shall, subject to paragraph 6 below, on the Closing Date, following his/her receipt and approval of the Requisite Deliveries (as applicable), register the Registering documents listed in Schedule"A"annexed hereto(referred to in this agreement as the"Electronic Documents")in the stated order of priority therein set out,as soon as reasonably possible once same so:icitor have been released for registration by the Non-Registering Solicitor, and immediately thereafter notify the Non-Registering Solicitor of the registration particulars thereof by telephone or telefax(or other method as agreed between the parties), whereupon the Non-Registering Solicitor and the Registering Solicitor shall be entitled to forthwith release the Requisite Deliveries from escrow. Returning 6. Any of the parties hereto may,prior to the Release Deadline,notify the other party that he/she does not wish to proceed with the registration'of the Electronic Documents,and provided that Deliveries where such notice is received by the Registering Solicitor before the registration of the Electronic Documents,then each of the parties hereto shall forthwith return to the other party their respective Non-registration Requisite Deliveries. Counterparts 7. This agreement may be signed in counterparts,and shall be read with all changes of gender and/or number as may be required by the context. &Gender Purchase 8. Nothing contained in this agreement shall be read or construed as altering the respective rights and obligations of the Purchaser and the Vendor as more particularly set out in the Purchase Agreement Agreement, and in the event of any conflict or inconsistency between the provisions of this agreement and the Purchase Agreement,then the latter shall prevail. Prevails if Conflict or Inconsistency Telefaxing 9. This agreement(or any counterpart hereof),and any of the closing documents hereinbefore contemplated,may be exchanged by telefax or similar system reproducing the original,provided that Deliveries all such documents have been properly executed by the appropriate parties. The party transmitting any such docuthent(s)shall also provide the original executed version(s) of same to the recipient &Providing within 2 business days after the Closing Date,unless the recipient has indicated that he/she does not require such original copies. Originals if Requested For the purpose of this Agreement,the term "registration" shall mean the issuance of registration number(s)in respect of the Electronic Documents by the appropriate Land Registry Office. HONI File: Stamford Twp.632.1-4748 Dated this day of ,20 . Name/Firm Name of Vendor's Solicitor Name/Firm Name of Purchaser's Solicitor Name of Person Signing Name of Person Signing (Signature) (Signature) Note: This version of the Document Registration Agreement was adopted by the Joint LSUC-CBAO Committee on Electronic Registration of Title Documents on March 28,2001. HONI File: Stamford Twp.632.1-4748 Schedule"E" ACKNOWLEDGEMENT AND DIRECTION TO: RE: (Insert brief description of transaction) This will confirm that: • The undersigned(has)have reviewed the information set out in the draft document(s)attached,and that this information is accurate; • You are authorized and directed to register or cause to be registered electronically on behalf of the undersigned the following document(s): 1. 2. 3. as well as any other document(s)required to complete the transaction described above; • You are authorized to amend the above-described documents as required in order to complete the transaction in accordance with its terms or as the undersigned may instruct from time to time; • You are authorized and directed to enter into a Document Registration Agreement substantially in the form attached hereto as Schedule"A"and the undersigned acknowledge(s)that the undersigned shall be bound by the terms of that Agreement; • The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to the undersigned and the undersigned understand(s)that the undersigned(is a party)are parties to and bound by the terms and provisions of these electronic document(s)to the same extent as if the undersigned had personally signed these documents;and • The undersigned (is) are in fact(the party) parties named in the electronic documents described in this Acknowledgement and Direction and the undersigned(has)have not misrepresented the identity of(any of) the undersigned to you. [Family Law Act statement where required] The undersigned acknowledges and agrees that in effecting the electronic registrations hereby authorized, you will be relying on the accuracy and authority of the foregoing statements. Dated at Toronto,this day of 20 . Witness:(as to all signatures,if applicable) fORJ O[Company Name] Per: Name:O Title:O Per: Name:O Title:O 1-1ONI File: Stamford Twp.632.1-4748 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 Schedule "A", and that Schedule "A" attached hereto shall be inserted in lieu thereof. Passed this 22nd day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22, 2016. Second Reading: November 22, 2016. Third Reading: November 22, 2016. SCHEDULE "A" Acting Chief Building Official: Tammy Agnoletto Inspectors: Louie Baldinelli Jim Boutilier James Cerminara Luciano Chieca Frank Devereaux Brian Dickson Effat Effat Sandro Elia Adam Horton Kellie Kubik Matthew Lane Christel Meyer Carmen Mignelli Nick Pietrangelo Roger Pigeon Phil Ross Ellen Roupas Fred Sacco Ben Trendle Ron Waters Joe Zambito Property Standards Officers: James Cerminara Brian Sparks CITY OF NIAGARA FALLS By-law No. 2016 — A by -law to authorize the execution of an Agreement with Trentway Wagar Inc. respecting a lease at 4555 Erie Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Trentway Wagar Inc. and the Corporation of the City of Niagara Falls as City, respecting a lease at 4555 Erie Avenue, 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 Agreement. 4. By-law 2014-39 becomes repealed on January 1, 2017. Passed this twenty-second day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22, 2016. Second Reading: November 22, 2016. Third Reading: November 22, 2016. THIS INDENTURE made this 1st day of January, 2017. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessor" and TRENTWAY WAGAR INC. Hereinafter referred to as the "Lessee" WHEREAS the Lessor is the registered owner of certain lands and premises municipally known as 4555 Erie Avenue, Niagara Falls, Ontario, (the "City Lands"); AND WHEREAS the Niagara Falls Bus Terminal, (the "Bus Terminal"), is located upon said City Lands, as shown outlined in bold on Schedule "A" attached hereto; AND WHEREAS the Lessor has agreed to demise and lease unto the Lessee, certain areas located within the Bus Terminal and which areas are hereinafter referred to as the "Demised Premises", as shown outlined in red on Schedule "B" attached hereto; AND WHEREAS the areas shown in green on Schedule "B" are to remain in the exclusive possession of the Lessor; the areas shown in red on Schedule "B" are to remain in the exclusive possession of the Lessee; and the areas shown in black on Schedule "B" are to remain in the joint possession of the Lessee and the Lessor, subject to the public's right to use them for purposes of waiting for, arriving on, and departing on buses coming to and from the Bus Terminal. 1. PREMISES, TERM AND RENTAL: 1.1 WITNESSETH that in consideration of the rents, covenants, conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor doth demise and lease unto the Lessee the Demised Premises, grants to the Lessee the exclusive right of access to and use of the bus platforms as shown in Schedule "B" (subject only to Section 3.2 and the specific rights of the Lessor as set forth herein), and grants to the Lessee access to and use of all other areas of the Bus Terminal (other than the areas set out in green in Schedule "B") including the public washrooms, passenger waiting areas and locker areas in common with other users of the Bus Terminal and the public for the purposes of providing bus transportation services, the arrival and departure of buses to and from the Bus Terminal and servicing the requirements of the Lessee's bus transportation customers in relation to its bus operations business. 2 1.2 TO HAVE AND TO HOLD the Demised Premises for and during the term of two years to be computed from the 1st day of January, 2017 (the "Lease Commencement Day") and from thenceforth next ensuing and fully to be complete and ended on the 31st day of December, 2018 (such term as it may be extended or earlier terminated as provided in this Lease herein referred to as the "Term"). 1.3 YIELDING AND PAYING therefore during the said term unto the Lessor, its successors and assigns without deduction or offset, annual rent, payable as follows: a. For the first year of the term, the sum of TWENTY-NINE THOUSAND AND THREE HUNDRED AND TWENTY-THREE 10/100 DOLLARS ($29,323.10), payable in equal monthly installments of TWO THOUSAND AND FOUR HUNDRED AND FORTY-THREE 59/100 DOLLARS ($2,443.59), together with HST payable on said rent in the amount of THREE HUNDRED AND SEVENTEEN 67/100 DOLLARS ($317.67), commencing on the 1st day of January, 2017 and monthly thereafter in each and every month up to and including the 1st day of December, 2017; and b. For the second year of the term, the sum of THIRTY THOUSAND AND SEVEN HUNDRED AND EIGHTY-NINE 26/100 ($30,789.26), payable in equal monthly instalments of TWO THOUSAND AND FIVE HUNDRED AND SIXTY-FIVE 77/100 ($2,565.77), together with HST payable on said rent in the amount of THREE HUNDRED AND THIRTY-THREE 55/100 ($333.55), commencing on the 1st day of January, 2018 and monthly thereafter in each and every month up to and including the 1st day of December, 2018. 2. LESSEE'S COVENANTS: 2.1 THE LESSEE COVENANTS WITH THE LESSOR: a. To pay rent. b. To pay all taxes, rates, charges, licence fees and Harmonized Sales Tax (HST) which may be assessed or imposed on the Lessee in respect of the rents, personal property, fixtures, business or income of the Lessee. c. To pay for all telephone charges for the Demised Premises. d. To keep the Demised Premises, together with the passenger waiting area, windows and washrooms as contained in the Bus Terminal, and every part thereof in a clean and tidy condition and not permit waste paper, garbage, ashes or waste or other objectionable material to accumulate thereon. 3 e. To use the Demised Premises for the purposes only of a ticket booth for bus ticket/parcel sales and parcel delivery room, and the utilization of the drivers' lounge. f. To keep all sidewalks and outdoor passenger waiting platforms, free and clear of debris, snow and ice. g. To be responsible for the watering of all flowers and shrubs located on the City Lands, on a daily basis throughout the growing season. h. To ensure that the Bus Terminal be open for business every day from 7:00 a.m. to 10:30 p.m. throughout the year. These hours are the minimum hours of operation and may be subject to adjustments through mutual consent during the Term. To act as an agent for the sale of Niagara Falls Transit Fare Media upon terms to be defined in a separate agreement. j. To act as an agent for the sale of Niagara Parks Commission Passes upon terms to be defined in a separate agreement. k. To act as agent for the sale of GO Transit Fare Media upon terms to be defined in a separate agreement. !. To provide, operate and maintain vending machines within an area to be specified by the Lessor from time to time within the Demised Premises. m. To provide, operate and maintain lockers within an area to be specified by the Lessor from time to time within the Demised Premises. n. Not to sell or provide, in any way, any good or service not related to the operation of a bus carrier service or the operation of the Bus Terminal for such purposes, without the express written consent of the Lessor, which consent may be exercised at the absolute discretion of the Lessor. o. To maintain, keep and repair, at the standard of a reasonable owner, all of the Demised Premises and every part thereof (reasonable wear and tear excepted and on the basis that there is no obligation of the Lessee to upgrade the standard of the Demised Premises above the standard in which it was provided to the Lessee at the commencement of the Term). AND if the Lessee shall fail to make the necessary repairs in the manner hereinbefore described, after due notice, then it shall be lawful for the Lessor and its agents, servants and employees to enter the said Demised Premises and have the same repaired in a proper manner and to render a reasonable account for such repairs to the Lessee and the Lessor shall have the same remedies to enforce payment thereof as the Lessor has in respect of arrears of rent. Provided that, notwithstanding the foregoing or any other provision of this Lease, in no event will the Lessee be 4 responsible for making or bearing the cost of any of the repairs, alterations or replacements set forth in Schedule "C" and the Lessor shall make and be responsible for the cost of the repairs, alterations and replacements set forth in Schedule "C" without reimbursement from the Lessee. p. To abide by and comply with all lawful statutes, by laws, rules and . regulations of every parliamentary, municipal or other authority which in any manner relates to or affects the Demised Premises by reason of the tenancy of the Lessee; and to put the said premises in such state of repair as to comply with the said statutes, by laws, rules and regulations and to indemnify and save harmless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put or suffer by reason of having to alter the said premises to conform with any such statute, by laws, rules or regulations by reason of the tenancy of the Lessee. Provided that notwithstanding the foregoing or any other provision contained in this Lease, the Lessee shall not be responsible for making or bearing the cost of any repair, alteration or replacement or taking any other act to address any work order or deficiency notice or any breach of any lawful statutes, by-laws, rules or regulations arising out of a condition or circumstance in existence as of the Lease Commencement Date and the Lessor shall be responsible for the same and for the cost thereof without reimbursement by the Lessee. q. Not to erect signs on the Demised Premises without approval of the Lessor, which approval will not be unreasonably withheld or delayed. r. To provide evidence to the Lessor that all of its employees are covered by the provisions of the Workplace Safety & Insurance Board Act and to pay all assessments in respect thereof. s. To provide, maintain and keep in force for and during the term, public liability and property damage insurance in the name of the Lessee in respect of the Demised Premises and the Lessee's operation thereon, with a limit of not less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive and to furnish to the Lessor a Certificate of said coverage in a form satisfactory to the City Solicitor; such policy to include the Lessor as an additional insured. Such Certificate shall contain an endorsement indicating that the insurer agrees to provide at least thirty (30) days prior written notice by registered mail to the Lessor in the event of cancellation, change or lapse of such policy. t. The Lessor shall at its cost, during the Term and any extension thereof, take out and keep in full force and effect, all risk property insurance on the Bus Terminal in an amount equal to one hundred (100%) percent of the full replacement cost value thereof covering against all loss or damage by perils now or hereafter from time to time embraced by or defined in a standard all risk insurance policy. Upon request of the Lessee, the Lessor 5 will provide reasonable verification of the placement and continuation of such insurance. u. The Lessee shall indemnify the Lessor against all fines, suits, claims, demands and actions of any kind to which the Lessor may become liable by reason of any breach, violation or nonperformance by the Lessee of any covenants, term or provision of this Lease or by reason of any injury occasioned to or suffered by any person or any property because of any wrongful act, neglect or default by the Lessee or any of its employees, servants or agents. 2.2 The Lessee shall not assign or sublet the whole or any portion of the Demised Premises without the consent of the Lessor in writing first had and obtained, which consent may be [unreasonably] withheld. Any assignment or subletting shall in no event relieve the Lessee from the responsibility of observing and performing the covenants herein contained including the payment of rent for the whole of the term of the within Lease. 2.3 The Lessee acknowledges that the Lessor shall have the right to install and maintain services, utilities or uses on, in, under or over the Demised Premises. 3. LESSOR'S COVENANTS: 3.1 THE LESSOR COVENANTS WITH THE LESSEE: a. For quiet enjoyment. b. To pay for heating and air conditioning of the Demised Premises. c. To pay water rates and charges for gas and electricity. d. To be responsible for maintaining the asphalt bus loading bays free and clear of debris, snow and ice. e. To supply an ATM machine within the Demised Premises. f. To supply public telephones within the Demised Premises. 3.2 The Lessor and Lessee agree that one bus platform shall be allocated by the Lessee exclusively for the use of GO Transit buses, provided that GO Transit will be responsible for bearing an appropriate share of the costs and responsibilities of the Lessee under subsections 2.1(a) to and including (g) and (o). 3.3 In the event that the Lessor requires temporary access to the Demised Premises, the Lessor shall provide a minimum of two hours advance notice, in writing, to the Lessee of its intention to access the Demised Premises and the Lessee shall provide unrestricted access of the said Demised Premises, to the Lessor. 6 3.4 Notwithstanding the foregoing, in the event of an emergency, the Lessor may access the Demised Premises with no advance notice whatsoever. 4. ADDITIONAL BUS SERVICE PROVIDERS: 4.1 In the event that the Lessor enters into an agreement with another bus service provider for any purpose other than leasing a portion of the Bus Terminal for strictly storage purposes, the terms of this Lease shall be open to renegotiation between the Lessor and the Lessee for, among other things, a fair allocation of costs for the operation, maintenance and repair of the Bus Terminal. 4.2 Notwithstanding the foregoing, in the event of any dispute arising between the Lessor and the Lessee during such renegotiations which cannot be decided amicably, the parties agree to attempt to mediate such dispute or to have such dispute determined by arbitration before a sole arbitrator in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17 or any successor legislation. 5. INSPECTION BY LESSOR: 5.1 And it shall be lawful for the Lessor or its agents at all reasonable times during the Term to enter the said Demised Premises to examine the condition thereof; and should the Lessor find that any repairs which are the obligation of the Lessee hereunder are necessary in accordance with the terms herein, the Lessor shall give written notice to the Lessee specifying the repairs required to be done, and the Lessee shall with reasonable promptitude after such notice well and sufficiently repair and make good accordingly, reasonable wear and tear and damage by fire, lighting and tempest only excepted. Should the Lessee however, refuse or neglect to make the repairs as aforesaid, the Lessee shall be liable to pay the cost thereof to the Lessor upon demand. If the Lessee shall default in any payment or expenditure other than rent required to be paid or expended by the Lessee under the terms hereof, the Lessor may at its option make such payment or expenditure and in such event the amount shall be payable by the Lessee to the Lessor on the next accruing rent day together with interest at the rate of 10% per annum from the date of such payment or expenditure by the Lessor and on default the Lessor shall have the same remedies as on default of payment of rent. 6. RE ENTRY: 6.1 PROVISO FOR RE ENTRY for nonpayment of rent and/or nonperformance of covenants, subject to the provisions of the Lease: a. If the Lessee shall fail to pay an instalment of rent payable hereunder when due and shall allow such default to continue for five (5) days or shall fail to perform any of the covenants, conditions and agreements contained and shall allow any such default to continue for ten (10) days, then the Lessor may take possession of the Demised Premises herein described and this Lease Agreement shall be terminated. 7 b. In case suit shall be brought for recovery of possession of the leased premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed, and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 7. FIXTURES OR EFFECTS: 7.1 Provided that the Lessee will not remove from the Demised Premises during the Term of this Lease or any renewal thereof, fixtures or effects which are the property of the Lessee even though there is no rent in arrears, without the written consent of the Lessor. 7.2 Upon the expiration of this Lease either by notice or by expiration of the Term or for any cause, all improvements made and fixtures attached to the Demised Premises by or on behalf of the Lessee shall become the property of the Lessor, without payment of any consideration, except for trade fixtures of the Lessee which will remain the property of the Lessee and which may be removed by the Lessee at the end of the Term provided that the Lessee repairs all damage occasioned by the installation or removal of such trade fixtures. Except for the removal of trade fixtures as aforesaid, there are no, removal or restoration obligations on the part of the Lessee at the end of the Term. 8. OPTION TO TERMINATE: 8.1 Notwithstanding anything else herein contained, either the Lessor and the Lessee shall have the right to terminate this Lease at any time, provided that the party wishing to terminate, gives the other at least ninety (90) days' prior written notice of its intention to exercise this right. On the termination date specified in such notice (the "Termination Date"), the Lessee shall deliver up vacant possession of the Demised Premises and this Lease will be fully and completely ended as of the Termination Date. 9. LEASEHOLD IMPROVEMENTS: 9.1 The Lessee agrees not to make any leasehold improvements or changes to the layout of the Demised Premises without first submitting the plans to the Lessor and obtaining the Lessor's written consent. In the event that consent to any requested leasehold improvements or changes to the layout of the Demised Premises is obtained by the Lessee from the Lessor, such leasehold improvements or changes to the layout of the Demised Premises shall be undertaken and carried out at the sole cost and expense of the Lessee; shall be constructed by a bondable contracting company employed by the Lessee and shall be entirely at the risk of the Lessee in respect of loss, damage, destruction or accident from whatsoever cause arising. 8 9.2 Notwithstanding the foregoing, the Lessee shall have the right to install vending machines on the Demised Premises, upon written approval by the Lessor. 10. NO WARRANTY RE ENVIRONMENTAL CONDITION: 10.1 The Lessor makes no warranty respecting the presence of contaminants or toxic material on the City Lands, Bus Terminal or Demised Premises, provided that it is agreed that, notwithstanding any other provision in this Lease, the Lessee shall not by virtue of this Lease be assuming any liability or obligations with respect to the presence of any contaminant or toxic material or any environmental condition in existence upon the City Lands, Bus Terminal or Demised Premises as of the Commencement Date or caused at any time before or after that date by any person other than the Lessee or those for whom the Lessee is responsible at law. 11. INSPECTION OF DEMISED PREMISES 11.1 The Lessee agrees that the within Lease constitutes the entire understanding between the parties hereto and that there are no representations or warranties, oral or otherwise, except as contained herein. The Lessee further agrees that it has inspected the Demised Premises prior to the commencement of this Lease and that by virtue of these presents accept the said premises in the condition that the same were in as of the commencement of this Lease. 12. LESSOR'S INDEMNITY 12.1 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees of the Lessee while such person or property is in the building located on the Demised Premises, including (without limiting the foregoing) any damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow from any part of the said building or any adjacent or neighbouring lands or premises or from the water, steam or drainage pipes or plumbing works of the Demised Premises or from any other place or quarter unless such damage is caused by anything done or omitted to be done by any other lessee of the said building and unless such arise through the negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to indemnify the Lessor of and from all loss, costs, claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law responsible. 13. LESSOR'S RIGHT TO RE-ENTER 13.1 If the Lessee shall fail to perform any of the covenants or obligations of the Lessee under or in respect of this Lease, the Lessor may from time to time, in its discretion, perform or cause to be performed any of such covenants or obligations, or any part thereof, and for such purpose may do such things as may be requisite, including, without limiting the generality of the foregoing, the right to 9 enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or necessary. The Lessee covenants that all expenses incurred and expenditures made by the Lessor on behalf of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand, such amounts may be collected as rent in arrears. 14. NOTICE: 14.1 IT IS HEREBY AGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Lessor, to: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Telephone: (905) 356 7521 Facsimile: (905) 356 5576 and if intended for the Lessee, to: Trentway Wagar Inc. 791 Webber Avenue Peterborough, ON K9J 8N3 Telephone: (705) 748-6411 Ext. 225 Facsimile: (705) 748-5314 and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party, three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. GENERAL: 15.1 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 15.2 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. 15.3 Unless the context otherwise required, the word "Lessor" and the word "Lessee" whenever used herein shall be constructed to include and shall mean the 10 successors and assigns of the Lessor and the successors and assigns of the Lessee. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk TRENTWAY WAGAR INC. Per: `g:{, )>7" Name: ., E Title: vin'? Name: Title: SCHEDULE II A II , ,., „...,_,..._....... • . , .,... ...... .$, STREET' . ... ...,....., :. ,.. ... -,•_. -,-:,i,...,14w ,..,, . _ • i'-, --, ,--,. . ,.. . : - - -"..--7;:i':'1 - -.• .., ^1. V r. • _ +. . , I, „. ,:z.„,•,. , ..,. c...-.......,, •*'!,: ! I .1.. .., • T I 477,. t ' • ,...4. -; .i.,t ,-,-, 4. "0 1 . . ,...• ,.,--1;_ .. , ,,t.17.- • II : '4.-,?:', ''',.::'..;)''' =i,• ;!' 1 -, .. ,::. ‘ ) , I 1.40 1 :,, t .....' . . . . i ,„-- A .,,f;s:•:, .•.,..... -, . U.1 • 1 ..., •,-- 0, • 1 ' '' 1 l'a I ''''' „, i,,c-....kesk-a , • ..••• >,,.-.1.0 . . . i',,,.,0` .. i..r.,•,...•RO'•'.R•'• ,.,* • IRO, 1 • I LI , .,,,,,r,-4:- .';,!'f...,.. i:.• - I. ....._ ....-. : •.-., —.r. —r- . ; > ----""-'”. .•'..-"tt.ti.4‘:;:.-..:-.',',..1P.--' ' '' . , t ICI ......• I co,ir..,,,-77-:- 1.- ,,, ..,...,... , -i: , , . . , ... ,,, .... a . ANS . nt,. . i' . 990 .?,',, I000 ) LI 'IRO... 1••••*.•,....... i .,..) ccJcfl 4 ,4i_At4, M. 7.^ ' 4.0! s..K-I'"IMeliA'iti,..0 it0 ',.. .• : , ;.• '; ! UN1 .•• ,.. .. • — •:, •,.f. 6, . . - , a2... ..! 1115R IRO . . • wa. ..1•R A'' ;:!: 1 I I. I r•-•-,.. n: . .., ,A...,. 1..".1. ..,'---. . -v..,•,,'4,.:1 I •-,..; , ,7 i $ 1W ' "!,,;44.1•*: 0.3' - in t ht• • i•' STREET ,.• 1 i . .......- •N, "g•.:"." , • ,. .. . . . •-, , 1 -.... t. a • , . SCHEDULE ,,v43 " t.31- E.L.,,,C, - . '-'- El 1 . , . -. --,; ,-...\-.) ;,.. E. , ... . .,,..., ,,..; \....; r• ...-1- ,..,-. P .. N Irk , .r.,,,,.., • ...,,,....._:,., . . . ti:\ (\H._ .., , . I.,. . (.---- ::., .4.,:- , , .......... • ___ ,.,, . • ,... _ t . '..... • . fi) --:-:,...._ ...‘,. (i\t., r1.- (t . •. , .. ..,.., ,..-., — ...., • ---- , k..,_ 74) • , •-• '.._ fr . .,..4- . _______ _.. ----4-;-% -,... ¶ Z1r--, ---.. ..'.-., s,..„,... •, °Fria -.--. ' ,. --=.-4 . -- '' ,•.. < . _ , . t 4 11 . (.... PI !• . ,..... . . . i 'WI `.....,' ,... 7::..N.,,\ • • r- Vik g , • , „.. „ , ,.. . --•% --,_ . -... i ' ' ..v-.: 7.,1 -- ': ‘ ,•• •1 ' ” ;"i . '';' X • ; ,•••\..,:,, t '''.•'\ i r •••- fit::0 ‘1',,. ,,n . it 4,N ,•-• 1 ,,e',•••-, . i tl, P.. ,• ? '•-=. ' ' ' ,, -..-.-.••,.•..r - - ,,, itk.../.40. -- . SCHEDULE "C" Exclusions to Lessee's Obligations re Maintenance, Repairs and Alterations 1, Repairs, maintenance, replacements and alterations required due to perils against which the Lessor is or ought to have been insured under the terms of this Lease. 2. Repairs, maintenance, replacements and alterations for damage or wear which fall within reasonable wear and tear. 3. Repairs, maintenance, replacements and alterations required due to any default of the Lessor. 4. Repairs, maintenance, replacements and alterations required due to any act, omission or negligence of the Lessor or those for whom it is in law responsible. 5. Repairs, maintenance, replacements and alterations required due to land subsidence. 6. Repairs, maintenance, replacements and alterations required due to any structural defect or weakness. 7. Repairs, maintenance, replacements and alterations required due to faulty original construction of the Bus Terminal or related improvements or the use of defective or faulty material in the original construction of the Bus Terminal or related improvements by the Lessor, those who have performed work for or on behalf of the Lessor, or those for whom the Lessor is responsible in law. 8. Repairs, maintenance, replacements and alterations required to the structure of the Bus Terminal or related improvements, including, without limitation, the footings, foundations, exterior wall assemblies (including weather walls), floors, subfloors, roof (including roof membrane and deck), bearing walls, structural columns, joists, beams and elements of the Bus Terminal or related improvements or any part thereof (including the Demised Premises) and including, as well, the down pipes, drains, electrical, mechanical, plumbing and drainage works leading up to, from and under the City Lands, the Bus Terminal or related improvements. CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the payment of $39,309,540.57 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period of from October 8, 2016 to November 4, 2016. Passed this twenty-second day of November, 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 22nd day of November, 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 22nd day of November, 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-second day of November, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 22, 2016 Second Reading: November 22, 2016 Third Reading: November 22, 2016