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2017/09/26Aft City of Niagara Falls Agenda City Council Meeting Tuesday, September 26, 2017 @ 5:00 PM Council Chambers 1. IN CAMERA SESSION OF COUNCIL - 4 P.M. 1.1. Property Matters 2. CALL TO ORDER O Canada to be sung by Jessica Vaughan. 2.1. Jessica Vaughan 3. ADOPTION OF MINUTES 3.1. Council Minutes of August 22, 2017 City Council - 22 Aug 2017 - Minutes - Pdf 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. DEPUTATIONS / PRESENTATIONS 5.1. Winter Festival of Lights Tina Myers will update Council on the upcoming WFOL events planned for 2017-2018, the recent China Trip and IFEA Award. 5.2. Ovarian Cancer Canada Sherri Lynch will address Council and bring awareness to Ovarian Cancer disease. Ovarian Cancer 5.3. 10 Men in a Tent Page 11 12-25 26-27 Pagel of 465 Dave Martineau will make a presentation to Council on the filming of his Ten Men in a Tent movie. 5.4. Alzheimer Society of Niagara Region 28-29 Peter Nicholson on behalf of the Alzheimer Society, will inform Council of the upcoming Coffee Break Campaign and present Mayor Diodati with his Coffee Break kit. Alzeimer Society 5.5. Citizen Recognition 30 Mayor Diodati will recognize Mackenzie Leigh who stepped in and offered medical assistance to an elderly gentleman which was vital in saving his life. Citizen Recognition 5.6. Victim Services Niagara 31 -32 Angela Arsenio, Executive Director, Victim Services Niagara will address Council about the services the organization provides to the Niagara Region. Victim Services Niagara 5.7. GO Hub Transit Stations Study 33-45 Niagara Region Staff will make a presentation to provide an update on the draft land use concepts for the GHTSS Niagara GO Hub 5.8. United Way Fundraising - Supporting Mental Health 46 Lucy Ciampa will present Council with details on an upcoming Fundraising event entitled "Unveiling the Mask of Mental Health" taking place on October 27, 2017. A request for support from Council by purchasing a table to the event will also be made. Unveilina the Mask 5.9. Pregnancy and Infant Loss Awareness Day 47-48 Natalie Proulx, Funeral Director will address Council and request that October 15th, 2017 be declared as " Pregnancy and Infant Loss Awareness Day". Pregnancy and Infant Loss Awareness Day 5.10. Paradise Development— Thundering Waters 49-50 Kevin Jacobi, Executive Director of CanadaBW Inc. will address Council on the impact of the Paradise development at Thundering Waters. CanadaBw Page 2 of 465 6. REPORTS 6.1. Brian Duxbury, Integrity Commissioner Update 51 -67 1. Report # 1: Review of Mr. Tupman's Concerns - Litigation Counsel to Councillor Caroylnn loannoni 2. Report # 2: Review of Formal Complaint - In Camera Meeting of January 24, 2017 Brian Duxbury letter Brian Duxbury Report # 1 Brian Duxbury Report # 2 6.2. L-2017-17 68-80 Proposed Declaration of Surplus Part of Township Lot 78, Stamford as in BB13069 (Parcels 4-6) Lying East of Pettit Av, Except RO267509; R0742914 and Part on 59R-9613 and Part 2 on 59R-12461; Subject to R0722432; City of Niagara Falls Our File: No. 2017-122 L-2017-17 Petition , Sheldon Street 7. PLANNING MATTERS 7.1. Public Meeting: 81 -94 PBD -2017-33 - 26CD-11-2017-005 & AM -2017-009 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 3757 St. Peter Avenue Applicant: Frank Costantino Agent: Emilio Raimondo ( Raimondo & Associates Architects) PBD -2017-33 AM -2017-009 & 26CD-11-2017-005 3757 St. PeterAv Correspondence from Peter Todd 7.2. Public Meeting: 95-107 PBD -2017-36 - AM -2017-004, Zoning By-law Amendment Application 5297 River Road Proposal: 3 Storey, 8 Unit Apartment Dwelling Applicant: Dr. Kamal Mattar Agent: Stephen Bedford PBD -2017-36, AM -2017-004, Kamal Mattar, 5297 River Road, Zoning By-law Amendment Page 3 of 465 Correspondence from Ken Westhues 8. 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. BDD-2017-007 - Rural Economic Development Grant re Economic Diversification Strategy CAO -2017-05- Illumination Board Membershi F-2017-32 - Tax Receivables Monthly Report (Aug) F-2017-32 - Attachment FS -2017-04 Amendments to the City of Niagara Falls Fireworks By-law FS -2017-05 Fire Department Radio System 108-109 ISIOMiMS IMMMER 116-118 119-121 MW -2017-42 - Lundy's Lane Bus Turnaround Improvements - Tender 122-126 Award Contract 2017-452-17 MW -2017-42 - LOCATION MAP 1 MW -2017-42 - Appendix 2 - Electrical Site Plan MW -2017-43 - Consultant Appointment - Valley Way Drainage 127-131 Environmental Assessment Study MW -2017-43 Attachment 1 MW -2017-43 - Attachment 2 Budget Sheet - Valley Way Drainage EA MW -2017-44 - Multiple Rural Culvert Replacements - Tender Award Contract 2017-440-17 MW -2017-44 - Attachment 1 - Location Plan MW -2017-44 - Attachment 2 - Rural Culvert Replacement Photos PBD -2017-35, Telecommunication Facility Consultation, 8068 Mountain Rd PBD -2017-37, CIP Application Extension, 4790 Victoria Ave,4351-4357 19MM914 IKRIME[.1 147-152 Page 4 of 465 Queen, 4610 Erie R&C-2017-12 2017 Sports Wall of Fame Inductees 153-155 R&C-2017-12 Attachment #1 F-2017-33 Municipal Accounts 156-174 08 - Municipal Accounts 170926 Attachment F-2017-25 Banking Contract Renewal 175-176 L-2017-18 New Niagara South Hospital Proposed Transfer 177-180 L-2017-18 Attachment 1 TS -2017-24 Marshall Road & Ort Road - Intersection Control Review 181 -184 TS -2017-30 Glendoone Street - Parking Review 185-189 TS -2017-32 RFP For Pay By Phone Parking 190-193 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Fire Prevention Week - It is requested that the week of October 8-14, 194-195 2017 be proclaimed as " Fire Prevention Week" in the City of Niagara Falls. This year's theme is "Every Second Counts: Plan Two Ways Out!" Recommendation: For the Approval of Council Fire Prevention Week 9.2. Jewish Niagara -Jewish festival on October 9th, 2017 and are 196-199 requesting waiver of application fees and street closures and permission for fireworks. Recommendation: For the Consideration of Council Jewish Festival 9.3. Amanda Todd Legacy Society - Request that October 10th, 2017 be 200-202 proclaimed as " Mental Mental Health Day" in the City of Niagara Falls. Recommendation: For the Approval of Council Amanda Todd Legacy Society 9.4. Niagara Region - Feedback requested on Niagara Region Code of 203-270 Conduct for Members of Council. Recommendation: For the Information of Council Niagara Region Code of Conduct for Members of Council Page 5 of 465 9.5. Waste Reduction Week - Request the week of October 16-22, 2017 be 271 - 273 proclaimed as " Waste Reduction week" in the City of Niagara Falls. Recommendation: For the Approval of Council Waste Reduction Week 9.6. National Polycystic Disease - Request that September 4th, 2017 be 274 recognized as " National PKD Awareness Day" in the City of Niagara Falls. Recommendation: For the Approval of Council PKD Foundation 9.7. National Airlines Council of Canada - Requesting a resolution 275-277 opposing the for-profit privatization of Canada's airports Recommendation: For the Consideration of Council Airport Privatization 9.8. Steve Ludzik Celebrity Roast & The Steve Ludzik Foundation - 278-279 requesting waiver of bus charges for event that took place August 19, 2017 Recommendation: For the Consideration of Council Steve Ludzik Foundation 9.9. Saint Paul High School Spirit Day - Request to permit up to 3 food 280-281 trucks on the school property and waive any licensing fees for the day event, October 13, 2017. Recommendation: For the Consideration of Council St. Paul 9.10. Vacancy on Library Board - See correspondence from Alicia Subnaik, 282-289 Chief Librarian. Recommendation: For the Consideration of Council Library Board 9.11. Niagara Falls International Marathon - Request to waive 290-293 transportation, road closure, and refreshment vehicle licence fees. Recommendation: For the Consideration of Council NF International Marathon 9.12. Niagara Region - Notice of Passing of Municipal -wide Development 294 charges by-law Page 6 of 465 Recommendation: For the Information of Council Niagara Region Development Charges By-law 9.13. Regional Report - Smarter Niagara Incentive Program 2017 Budget 295-308 Update Recommendation: For the Information of Council Smarter Niagara Incentive Program 9.14. City of Thorold - Port Robinson Ferry 309 Recommendation: For the Information of Council Port Robinson Ferry 9.15. Stop the Great Lakes Nuclear Dump Inc. -Request for Mayor to sign 310-319 Great Lakes Mayors letter (attached) and potential Resolution (attached), should Council wish to support the initiative. Recommendation: For the Information of Council. Sign on letter from resolution communities Great Lakes - Nuclear Waste 10. RATIFICATION OF IN CAMERA SESSION 11. MAYOR'S REPORTS, ANNOUNCEMENTS 12. RESOLUTIONS 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2017-101 -A by-law to regulate the sale and setting off of fireworks and 320-333 pyrotechnic special effects within the City of Niagara Falls. Fireworks By-law 2017-102 - A by-law to amend By-law Nos. 79-200 and 1998-183, to 334-335 permit the use of the Lands for a 6 storey, 36 unit apartment building (AM -2017-006). By-law AM -2017-006 2017-103 - A by-law to repeal By-law 2001-176 and 2014-102, 336-337 Designation By-laws under the Ontario Heritage Act, designating the property known as the Stamford White Oak Tree, Portage Road and Carman Street, as being of cultural heritage value and interest. Page 7 of 465 By-law to repeal designation -Stamford White Oak Tree 2017-104 - A by-law to repeal By-law 2002-054, a Designation By-law 338-339 under the Ontario Heritage Act, designating the property known as the Reverend William Leeming House, 5781 Highland Avenue, as being of cultural heritage value and interest. By-law to repeal designation -5781 Highland Ave 2017-105 - A by-law to amend By-law No. 89-2000, being a by-law to 340-341 regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Stop Signs at Intersections, Speed Limits on Highways) Sep 26 - Booth, St Patrick, Mercury Cad Galaxy, Kalar 2017-106 - A by-law to authorize the execution of an Amendment of 342-344 Licence Agreement with Niagara Falls Archery Club Inc., respecting an amendment to the Licence Agreement between the City and the Niagara Falls Archery Club Inc. Execution of Amendment of Licence Agreement - Niagara Falls Archery Club Inc. Amendment of Licence Agreement - Niagara Falls Archery Club Inc. 2017-107 - A by-law to authorize the execution of an Extension and 345-347 Amendment of Lease with 2030688 Ontario Ltd., respecting an extension and amendment to the Lease between the City and 2030688 Ontario Ltd. Execution of Extension and Amendment of Lease - 2030688 Ontario Ltd. Extension and Amendment of Lease - 2030688 Ontario Ltd. 2017-108 - A by-law to establish Reserve Block 27 on Registered Plan 348 59M-420 as a public highway to be known as, and to form part of Sassafras Trail. By -Law to Establish Highway Blk27.59M420. Sassafras Trail 2017-109 - A by-law to establish Reserve Block 29 on Registered Plan 349 59M-420 as a public highway to be known as, and to form part of Black Maple Drive. By -Law to Establish Highway Blk29.59M420. Black Maple Drive 2017-110 - A by-law to establish Reserve Block 172 on Registered Plan 350 59M-422 as a public highway to be known as, and to form part of Hackberry Trail. By -Law to Establish Highway. BIk172. 59M422. Hackberry Trail Page 8 of 465 2017-111 - A by-law to authorize the execution of an Agreement with 351 -354 Niagara Region, for the collection of U -Pass Fees from the Brock University Students Union on behalf of The City of Niagara Falls, Transit Services. 2017-112 -A by-law to authorize the execution of a Transfer Agreement 355-380 with Niagara Health System as Transferee and The Corporation of the City of Niagara Falls as Transferor, for the transfer of certain lands located in the City of Niagara Falls, described as Part of Lot 1, Broken Front Concession, Crowland, designated as Parts 1 and 2 on Reference Plan 59R-15870, City of Niagara Falls. Execution re Transfer Agreement - Hospital Lands 2017-113 - A By -Law to authorize the execution of an Extension 381 -385 Agreement with Bell Canada, respecting the operations and maintenance of a telecommunications facility over a portion of John N. Allan Park. Bell Canada - Execution By-law re Extention Agreement Bell Canada - Amending Agreement 2017-114 - A by-law to authorize the payment of $40,572,841.31 for 386-404 General Purposes 08 - Municipal Accounts 170926 08 - Municipal Accounts 170926 Attachment 2017-115 - A by-law to authorize the execution of a Licence Renewal 405-409 Agreement 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 Lot 56 and Part of Lots 9 and 10, Plan 194, for public parking and recreational purposes. Execution re Licence Renewal Agreement with Hydro - Ker Park 2017-116 - A by-law to authorize the execution of an Agreement with 410-458 Motorola Solutions Canada Incorporated Execution Agreement - Re Motorola.docx 2017-117 - A by-law to amend By-law No. 2015-33, being a by-law to 459 provide for citizen appointments to certain Boards and Committees. Library Board - Citizen Rep 2017-118 - A by -Law to authorize the execution of an agreement with 460-461 Her Majesty The Queen in right of the Province of Ontario as Page 9 of 465 represented by the Minister of Transportation for the Province of Ontario — ONTARIO MUNICIPAL COMMUTER CYCLING PROGRAM (OMCC) — 2017. OMCC Annual Enabling By -Law May 17, 2017 V1 (1) 2017-119 - A by -Law to Authorize an Extension Agreement Relating to 462 Inter -Municipal Transit Services specifically in regards to the 40-45 route to be provided by The Corporation of the City of Niagara Falls (hereinafter called "NFT") and The St. Catharines Transit Commision (herein after called "SCTC") within the Regional Municipality of Niagara (hereinafter called the "Region"). Extension Agreement - Inter -municipal Transit - Execution By -Law 2017-120 - A by-law to amend By-law No. 2002-081, being a by-law to 463-464 appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law Enforcement Officers 2017-121 - A by-law to adopt, ratify and confirm the actions of City 465 Council at its meeting held on the 26 th day of September, 2017. 09 26 17 13. NEW BUSINESS 14. ADJOURNMENT Page 10 of 465 Jessica Vaughan was born on April 7", 2004 in Niagara Falls Ontario. She is currently in grade 8 and attends Cardinal Newman Catholic Elementary School. Jessica's favourite subject is Science and this past Spring she was one of a handful of students in her grade that represented her school at the Niagara Region Science & Engineering Fair that took place at Brock University. She was her class rep on the Student Council and a member of the "Me to We Club". She is also a member of the Youth Advisory Committee for the Niagara Region where youth meet monthly to discuss various topics. Jessica takes ballet, pointe and jazz dance lessons. She has also taken drama classes. She has been a part of several of her school musicals including the lead in Cinderella as well as had roles in Shrek the Musical and Camp Rock the Musical through Linus Nand Productions. In her spare time, Jessica enjoys skating and swimming. This summer she passed her Bronze Star and is looking forward to continue working towards the certifications required to become a lifeguard. She also has a keen interest in astronomy and is a member of the Niagara Chapter of the Royal Canadian Astronomical Society. A few weeks ago she volunteered to assist the Astronomy Club during their Solar Eclipse Viewing Event. Page 11 of 465 Niagara MINUTES City Council Meeting Tuesday, August 22, 2017 Council Chambers 5:00 INA!NPM COUNCIL PRESENT: COUNCIL ABSENT: STAFF PRESENT: MEDIA PRESENT: CALL TO ORDER O Canada to be sung by Charlotte Johnstone. a) O Canada sung by Calogero (Carlo) Rescigno 2 ADOPTION OF MINUTES Council Minutes of July 11th and July 20th, 2017. a) ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the minutes of July 11, 2017 and July 20, 2017 be approved as recommended. Carried Unanimously 3 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Morocco indicated a pecuniary interest to cheque number 406619, made payable to spouse and cheque number 405967 made payable to herself. Councillor Pietrangelo indicated a conflict to a wire transfer 00092-004, made payable to the Niagara Catholic District School Board, his employer. Councillor Kerrio indicated a pecuniary interest to report PBD -2017-29, as he is partners with the applicant on a different business venture. Page Page 1 of 14 Page 12 of 465 City Council August 22, 2017 Councillor Craitor indicated a conflict to 00092-004 made payable to the Niagara Catholic District School Board, where a member is his family is employed and to cheque number 406253 made payable to himself and to by-law 2017-97, made payable to the Niagara District School Board. Mayor Diodati indicated a pecuniary interest to cheque number 405910 made payable to himself. 4 DEPUTATIONS / PRESENTATIONS a) Jason Mayes - 2017 Invictus Games On behalf of Council, the Mayor recognized Niagara Falls native, Jason Maves on being invited to compete in the 2017 Invictus Games b) Niagara Music Festival Vittoria Wikston and Todd Brown addressed Council on the upcoming September 2017 Niagara Music Festival. c) Act of Bravery On behalf of Council, the Mayor recognized Cameron Gouck and Keegan Herries for their act of bravery in rescuing a gentleman that was drowning. d) Light of Day Dave Rotella was not able to be in attendance to make the presentation to Council, outlining the Light of Day Canada Foundation for Parkinson Research but a request for financial sponsorship was requested. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that a donation be made in the value of a table for the event. Carried Unanimously e) Celebrate Old Downtown Community Corporation Karen Stearne, COD Chair informed Council of a number of street events planned through the 2017 year to promote the downtown core. Mike Kemp provided information on the upcoming Gus Mcker 3 on 3 Basketball tournament in Canada. ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that Council enter a team into the tournament. Page 2 of 14 Page 13 of 465 City Council August 22, 2017 Carried Unanimously f) Disabled Warning Signs Vanessa Coens addressed Council with a special request for a traffic warning sign for Autism awareness. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the special traffic sign be approved and that staff investigate having traffic fines doubled in the case those signs are not followed. Carried Unanimo g) A N Myer 60th Reunion Shane Belford and Helga Campbell, members of the reunion committee informed Council of the upcoming event, September 22, 2017 and Saturday Sept. 23 at Firemans Park from 1- p.m. h) Owen Bjorgan was in the gallery and requested to speak regarding Thundering Waters. ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni to allow Owen Bjorgan to speak. A recorded vote was requested. Councilor Campbell AYE Councillor Pietrangelo AYE Councillor Craitor AYE Councillor Thomson AYE Councillor loannoni AYE Mayor Diodati AYE Councillor Kerrio NAPE Councillor Morocco NAPE MOTION CARRIED 5 PLANNING MATTERS a) Public Meeting: PBD -2017-29 AM -2017-006 Zoning By-law Amendment Application Part 1, Plan 59R-15586 Southwest Corner of St. Paul Avenue and Mountain Road Applicant: 1784355 Ontario Limited (Chris Hawkswell) Agent: Raimondo + Architects Inc. Page 3 of 14 Page 14 of 465 City Council August 22, 2017 Jean Desson, 6680 Mountain Road, opposed to the proposal, traffic concerns. Cassandra Somerville, resident, expressed concerns with traffic in the area. Emilio Raimondo, agent for the applicant was present and available to answer any questions of Council. The Public meeting was Closed. That Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Low Density, Grouped Multiple Dwellings R4 zone to allow the construction of a 6 storey, 36 unit apartment building. CARRIED. with Councillor Kerri declaring a conflict b) Public Meeting: PBD -2017-28 - 26T-11-2017-001 Willoughby Gardens Plan of Subdivision West Side of Willoughby Drive Applicant: 2303560 Ontario Inc. ( Andy Ferri) Agent: Brent Larocque, Richard Larocque Limited Noelle Larocque, agent for the applicant, asked for Council's consideration on two items, #5 and # 10 on the Conditions for Draft Plan Approval. The Public meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved. Carried Unanimously c) Public Meeting: Official Plan Amendment No. 115 Accessory Dwelling Units ORDERED on the motion of Councillor Thomson, seconded by Councillor that the report be deferred. Page 4 of 14 Page 15 of 465 City Council August 22, 2017 MOTION CARRIED with Councillor loannoni opposed. 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. MW -2017-36 - Tender Award Contract #2017-399-16, St. Patrick Church Drainage Improvements 1. The contract be awarded to the lowest bidder Demar Construction Inc. at the tendered price of $105,639.57, excluding HST. 2. That the total expenditure amount of $93,985.00, including City's share of HST for all project-realted expenses, be funded from the pre -approved of 2018 Capital Budget. 3. That the Mayor and City Clerk be authorized to sign the contract agreement to construct on private property of the St. Patrick Parish, Niagara Fall, Ontario. 4. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW -2017-40 - Tender Award Contract #2017-324-13 Whirlpool Road Bridge Rehabilitation The contract be awarded to the lowest bidder Rankin Construction Inc., at the tendered price of $668,177.00 excluding HST. That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimo F-2017-29 - Tax Receivables Monthly Report(June) That Council receive the Monthly Tax Receivables report for information purposes. Page 5 of 14 Page 16 of 465 City Council August 22, 2017 F-2017-30 - Tax Receivables Monthly Report ( July) That Council approve the municipal accounts totaling $34,117,835.13 for the period June 24, 2017 to July 19, 2017. FS -2017-03 -Wake Up Campaign - Chippawa F-2017-31 - Municipal Accounts That Council approve the municipal accounts totalling $34,117,835.13 for the period June 24, 2017 to July 19, 2017. L-2017-16 - Agreements Authorizing Two Houses to be on One Lot During Contruction in the Rural Area. That the authority to enter into agreements authorizing the temporary use of land for two houses during the construction of the second house, be delegated to the Director of Planning, Building and Development and the Chief Building Official, or their designates, such that the approval of both the Director of Planning, Building and Development and the Chief Building Official will be required to enter into such agreements. That the City Solicitor be directed to prepare whatever documents are required to implement Recommendation 1. That Staff develop policies and procedures for dealing with any further requests for agreements of this type. MW -2017-37 - Consultant Appointment Corwin Drainage Environmental Assessment Study That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Aquafor Beech Limited to conduct and complete the Corwin Drainage Environmental Assessment Study for consulting fees totaling $188,630.00. MW -2017-39 - 2017 New Sidewalk Construction The contract be awarded to the lowest bidder Sacco Construction Limited, with authorization to spend up to the approved budgeted amount. That the Mayor and City Clerk be authorized to execute the necessary contract Page 6 of 14 Page 17 of 465 City Council August 22, 2017 documents. MW -2017-41 - Tender Award Riverview Park Improvements That the tender for the Riverview Park Improvements be awarded to Stevensville Lawn Service Inc. in the amount of $876,439.00 (excl. HST). That the Mayor and City Clerk be authorized to execute the necessary contract documents. R&C-2017-10 - Chippawa Arena Lighting and Ceiling Project - Tender Award That the contract be awarded to Black & McDonald Limited, for the quoted price of $148,651.00 + HST plus the optional item of rink spectator lighting for the quoted price of $21,418.00 + HST (Grand total - $170,069.00 + HST). That the Mayor and City Clerk be authorized to execute the necessary contract documents. R&C-2017-11 - Arts & Culture Wall of Fame That Council approve the following 2017 Arts & Culture Wall of Fame Inductees: • Bunnie Brandt -Wilson • Larry Hurst • Adam White PBD -2017-30 - Official Plan Amendment No. 115 Accessory Dwelling Units That Council approve the proposed amendments that will permit as -of -right the establishment of accessory dwelling units within detached and semi-detached dwellings and on street townhouses and to delete the term "family" from Zoning By-law 79-200 PBD -2017-31 - Revitalization Grant Application - DOW -2017-004 Commercial Building & Facade Improvement Grant, 4463 Queen Street, Applicant; Intellectual Inventive Inc. That Council approve the Commercial Building and Fagade Improvement Grant and Revitalization Grant Application for 4463 Queen Street, subject to the owner satisfying the program requirements. That the Revitalization Grant be forwarded to the Niagara Region for Page 7 of 14 Page 18 of 465 City Council August 22, 2017 confirmation of support under the Smart Niagara Incentive Program (SNIP) TS -2017-22 - Booth Street - Parking Review That a No Stopping, 8:00 a.m. to 9:30 a.m. and 2:30 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays, September 1 to June 30 restriction be established on: 1. the east side of Booth Street between a point 75 metres north of Orchard Grove Parkway and Beaverdams Road; and, 2. the west side of Booth Street between Orchard Grove Parkway and Beaverdams Road. TS -2017-28 - St. Patrick Avenue - Parking Review That the existing No Parking, 8:00 a.m. to 4:00 p.m., Monday to Friday, Excluding Holidays zone on both sides of St. Patrick Avenue between O'Neil Street and Russell Street be changed to a No Stopping, 8:00 a.m. to 10:00 a.m., 2:00 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays zone. TS -2017-29 - Galaxy Drive at Mercury Avenue - Intersection Control Review That a stop sign is installed facing westbound motorists on Galaxy Drive at Mercury Avenue ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the reports on the Consent agenda be approved as recommended. Carried Unanimously 6 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Canada Day Celebration - Three day Celebration from Jun 30 -July 2. Attached memo included the highlights of this year's celebration. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimously b) Downtown BIA - Requesting a one year extension on the payment schedule for 2017/2018. Page 8 of 14 Page 19 of 465 City Council August 22, 2017 ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the communication be approved as recommended. Carried Unanimously c) Prostate Cancer Canada - Request that the month of September 2017 be proclaimed as "Prostate Cancer Awareness Month" in the City of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimously d) Innocence Canada - Request that October 2nd, 2017 be proclaimed as "Wrongful Conviction Day" in the City of Niagara Falls. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the communication be approved as recommended. Carried Unanimously e) Canadian Forces Snowbirds - Letter of support sent from Mayor's Office for upcoming performance in Niagara -on -the -lake, September 17 and 21, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimou f) Canada Goat Open- requesting a one time waiver of fees for event being held on September 9th ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously g) Downtown BIA - Increasing the Compliment of the Board Page 9 of 14 Page 20 of 465 City Council August 22, 2017 ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously h) Dreams to Beams fundraiser- Local not-for-profit organization requesting support of council at their upcoming pasta dinner fundraiser, October 13, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimously i) Transportation Services - requesting the month of September be proclaimed as " School Crossing Guard Awareness month" in the City of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the communication be approved as recommended. Carried Unanimou 7 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Barbara Ayre of the Transportation Department on the loss of her father; Heidi Wall, mother-in-law of Lisa Wall and to the family of Suzanne Patrick, a retired employee of the City. Mayor Diodati advised of events: Chippawa Lions Park Improvement Ribbon Cutting; Heater's Heroes; AMO Conference; Signature Celebration : August 26th -150 Fun Fest in the Falls, and the next meeting of Council is September 26th, 2017. 8 RESOLUTIONS a) THOMSON - PIETRANGELO - Therefore be it resolved that Niagara 14 Falls City Council considers the Niagara Falls Oktoberfest, at the Scotiabank Convention Centre, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) Page 10 of 14 Page 21 of 465 City Council August 22, 2017 for the event. Oktoberfest BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted A by-law to amend By-law No. 79-200, to permit the use of the Lands for 10 townhouse dwelling units (AM -2017-002). A by-law to authorize the payment of $34,117,835.13 for General Purposes A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Standing Prohibited, Parking Prohibited, Limited Parking) A by-law to provide for the adoption of Amendment No. 115 to the City of Niagara Falls Official Plan. A by-law to authorize the execution of an Agreement with Niagara Catholic District School Board, respecting the use of E.E. Mitchelson Park, located on Springdale Avenue in the City of Niagara Falls A by-law to amend By-law No. 2015-45, being a by-law to provide for Council member appointments to certain Boards, Commissions and Committees. A by-law to authorize the execution of an Agreement with Niagara College Student Administrative Council Inc. for the provision of Transit Services. A by-law to authorize the execution of an Extension Agreement with Durda Falivena and Franco Falivena respecting a tax obligation. 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 Page 11 of 14 Page 22 of 465 City Council August 22, 2017 municipal by-laws. A by-law to authorize the execution of a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure, respecting the Clean Water and Wastewater Fund. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of August, 2017. 9 NEW BUSINESS Enforcement Services ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff report back to Council on best practices to deal with the ongoing rat problem and bed bugs that exist in areas of the City by collectively working with the Regional Health Department and the City's Enforcement Services. Carried Unanimously Railway Crossings ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that staff engage our Federal member of Parliament and CN rail crossings in need of repair, in particular at Stanley Avenue, near Whirlpool Road, Kalar Road, and Drummond Road. Carried Unanimously Chippawa Creek ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the matter of " No Wake" signage within Chippawa Creek/Welland River be referred to staff to work with the Niagara Parks Commission and the Niagara Regional Police Marine Unit, for proper placement and enforcement. Carried Unanimously Invitation to Ben Harpur ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that Mr. Harpur be invited to a future meeting of Council to recognize his accomplishments playing in the NHL. Carried Unanimously Page 12 of 14 Page 23 of 465 City Council August 22, 2017 Homesharing Program for Seniors ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that staff bring back a report on the possibility of partnering with the Niagara Region to implement a program of home sharing that other municipalities in Ontario currently have in place whereby seniors who need assistance with someone staying in their homes be matched with someone that is looking for affordable housing. Carried Unanimously Old Casino Parking Lot ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff of the Mayor's office draft a letter to the Province, or the owner, regarding the possibility of the City utilizing and/or acquiring the parking lot at the corner of Stanley Avenue and Niagara Veteran's Memorial Highway Highway 420). Carried Unanimously 10 ADJOURNMENT a) ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the meeting be adjourned at 10:05 p.m. Carried Unanimously CAO Mayor Page 13 of 14 Page 24 of 465 urvot,_ eaaeoa ——_•NLAC AJIt The City of Niagara Falls, Ontario Resolution August 22, 2017 Moved by Councillor Thomson Seconded by Councillor Pietrangelo WHEREAS the Scotiabank Convention Centre (S.C.C.) Is hosting Niagara Falls Oktoberfest, October 13'" and 14", 2017; and WHEREAS the municipality is the owner of the S.C.C.; and WHEREAS it is in the municipality's best interest that the S.C.C. be regularly occupied with events for the enjoyment of visitors and residents alike; and WHEREAS the event is expected to attract between three and five thousand patrons; and WHEREAS due to fact that the event organizer is neither a charity or not-for-profit organization, to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance; and THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Niagara Falls Oktoberfest, at the Scotiabank Convention Centre, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. BILL MATSON ACTING CITY CLERK Carried Unanimously JAMES M. DIODATI MAYOR Page 14 of 14 Page 25 of 465 Teresa Fab,bro From, Bill Matson Sent: Tuesday, September 12, 201711:48AM To: 'Ashley Luw';Carey Campbell; Jim Qinda,i;Teresa Fmbhm Cc: Sherri Lynch Subject: RE: Ovarian Cancer Canada Presentation We will list Shierri Lynch on the September 26, 2017 Council agenda as a Deputation to address Council. The meeting isscheduled tvstart atS:0Upm,and all Deputations will belisted onthe agenda shortly thereafter. We ask that any deputation bekept to10minutes orless. Also, ifyou have any type nfpresentation, ie. pvweqpoint|just kindly ask that you forward that to me via, email ahead of time so, that we can have it ready for your use prior to the meeting. BN Matson Acting City Clerk/ Manager mfClerks Services The Corporation of the City qfNiagara Fails 9&5-356-752lext. 4342 905-658-0411 cell From: Ashley Law[maUtoabw@ovadamonadounq] Sen Tuesday, September 12,Z01711,43 AM To: Carey Campbell; Jim DodabBill Matson; Teresa Fabbm Cc: Sherri Lynch Subject: RE: Ovarian Cancer Canada Presentation H|Carey, Thank you so much for getting back to us. I will wait to hear more from Bill and Teresa. Sincerely, Ashley Law Community Engagement Associate Ovarian Cancer Canada 1 (877)413-7970ext.235 / Page 26 of 465 From: Carey Campbell Sent, Soptember1Z,l711:38AM To: Ashley Law; ]|m Diodati; HU| Matson; Teresa Rabbm Cc: Sherri Lynch Subject: RE: Ovarian Cancer Canada Presentation Hello Ashley: Many thanks for your follow upwith Mayor Diodad. Helet meknow that you would beintouch and hehas asked meto connect you Mthour City Clerk, Bill Matson, aswell aoTeresa inhis office. Both are copied here. |trostthattheywiUbe in touch to respond to your request to address City Council with this important topic. Again, many thanks for reaching out. Kind regards, Carey CARuCAMPBELL Executive Officer offic°ofthe Mayor =uCAO City of Ni"ga°raUs 905 356752/,*206 See more mrMayor Jlm at _ 0"I'", AW jag CC) MI; From: Ashley Law Sent: Monday, September 11,ZD17q:51PM To: Jim Diudab Cc: Sherri Lynch Subject: Ovarian Cancer Canada Presentation Dear Mayor Diodati, It was a pleasure meeting you yesterday at the Ovarian CancerCanacla Walkof Hope Niagara Falls. Thank you so much for speaking attheevent and for helping toincrease awareness ofthis disease. When wemet, you mentioned that ue might have an opportunityto -speak about ovarian cancer and its impact to yourcolleagues at City Hall onTuesday, September 26. 1 have CC'd the Chair of the Walk, Sherri Lynch, who is interested in speaking on behalf of our organization zoour representative in Niagara Falls. Would you be able to confirm this appointment and provide details (time, speech length,, etc.) so we can best prepare? Thank you again for supporting this cause and we look to having you at next year's Walk of Hope on September 9th. Page 27 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, September 12, 2017 12:39 PM To: Teresa Fabbro Subject: FW: Delegation Request- Alzheimer Society of Niagara Region For Sept 26`h Deputations From: Bill Matson Sent: Wednesday, July 12, 2017 11:09 AM To: 'Maggy Watson' Cc: Teresa Fabbro Subject: RF: Delegation Request- Alzheimer Society of Niagara Region Maggy, We will add you to the September 26th Council Agenda. Kindly forward your presentation and the names of those to be in attendance, as mentioned, in early September at which time we confirm your placement on the Agenda as well. The meeting would be scheduled to start at 5:00pm Bill Matson Acting City Clerk / Manager of Clerks Services The Corporation of the City of Niagara Falls billmatson nia arafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell From: Maggy Watson [mai Ito: MWatson@a lzheimerniagara.ca] Sent: Wednesday, .July 12, 2017 11:09 AM To: Bill Matson Subject: Delegation Request- Alzheimer Society of Niagara Region Good morning Mr. Matson, I would like to request the opportunity for our delegation, on behalf of the Alzheimer Society of Niagara Region, to appear at your Council meeting on September 26th, 2017. We would like to talk about our upcoming Coffee Break campaign, which will kick off with Honourary Campaign Chair The Honourable Rob Nicholson, M.P. on September 21st. We will also be bringing updates regarding dementia in the Niagara Region and present Mayor Diodati with his Coffee Break kit. I can forward a copy of the presentation and confirm who will be in attendance on our behalf at the beginning of September. I thank you in advance for your consideration and look forward to hearing from you in this regard. Sincerely, Maggy Watson Fund Development and Special Events Assistant Alzheimer Society Niagara Foundation Page 28 of 465 2017 NATIONAL COFFEE BREAD Kickoff is September 21, 2017 CAMPAIGN RUNS FROM SEPT - DEC 2017 tt's fun, social anri easy to organizo at your office, school, church, or hornet Order a ' FF A free kit rodayl Call: BREAK 905-687-6856 ext. 562 A11111111-1, - ; Email' tmcdougolWalzhelmernla ara.ca Page 29 of 465 Teresa Fabbro From: Bill Matson Sent: Monday, September 18, 2017 8:55 AM To: Teresa Fabbro Subject: FW: Citizen Recognition A Presentation for Sept. 261h From: Carey Campbell Sent: Friday, September 15, 2017 10:47 AM To: Bill Matson Cc: Terry Chambers Subject: Fwd: Citizen Recognition Bill: can you please arrange this. Sent from my iPhone Begin forwarded message: From: Terry Chambers <tchambers@nlagarafalls.ca> Date: September 11, 2017 at 10:41:05 AM EDT To: Carey Campbell <ccampbeil@niagarafalls.ca> Subject: Citizen Recognition Good morning Carey, I'm not quite sure who should get this information so I'll start with you. Last month, there was a citizen who stepped in to offer medical assistance (CPR) to an elderly gentleman and was vital in saving his life. Her name is Mackenzie Leigh. The Chief thinks this is worthy of being recognized at Council. The Chief presented her with one of his Challenge Coins for her actions. Here is the information: On Tuesday, August S, 2017, Fire responded to a 77 year old male, VSA, at Grand Central Bar on Queen Street. When the Fire Department arrived, Mckenzie Leigh, a staff member, was actively performing CPR on the patient and had been for approximately 5 minutes. The Fire crew took over and continued CPR. The patient was tended to by Fire and Paramedics and finally regained a strong pulse and breathing. Mackenzie's quick and steadfast actions were vital in helping to save this gentleman's life. Here is McKenzie's info: Mackenzie T, Leigh 23 Garrison Village Drive Niagara an the Lake, ON LOS 110 289-990-9051 Let us know if this will go forward. Thanks, Page 30 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, September 19, 2017 6:29 PM To: Teresa Fabbro Subject: FW: Deputation From: ANGELA ARSENIO - VICUM SERVICES NIAGARA[mallto:angela@victimservicesniagara.on.ca] Sent: Monday, August 21, 2017 3:44 PM To: Bill Matson Subject: Hello Mr. Matson, I was wondering if I can request time to present to council about the services our organization provides to the Niagara Region, as well as possibly make a small request for funding. Is this something I may do in the next month or two? I look forward to hearing from you. Kind Regards, Angela Angela Arsenio Executive Director Victim Services Niagara c/o Niagara Regional Police Service 5700 Valley Way, Niagara Falls ON 905-688-4111 ext 5090 Cell: 905-941-0717 ***please note I do not receive email outside of office hours*** CONFIDENTIALITY NOTICE This transmission contains confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copy, distribution, or the taking of any action in reliance on or regarding the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately. The opinions expressed in this message are those Page 31 of 465 of the author and may not necessarily represent those of the Niagara Regional Police Service. Niagara Regional Police Service 5700 Valley Way Niagara Falls, Ontario, Canada L2E 1 X8 Canada Telephone (905) 688-4111 Web: http://www.niagarapolice.ca Page 32 of 465 v m CA) CA) 0 h rn v, v CD W 0 h Cn muuu mtu cly uuIVW� Iuuuuu uuuw,� muuuu � Ili .. • � �'"' VVVVVVV �.. V�VVVVV • .�. I •. � � ,dp VVVV ( � I i mu i VVuu IVuuiVVVVVVVV � • • uuuuuuuuuuuuuuuuu I ��V l u ',� V uu v l IV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVV VVVVVV VVVV III �, � ',Y ® � u� V• •�I II I it ® O ;© O SAC Public Event` SAG; '' Public Event y ' Pudic Event Public Event Meeting 1 Series 1: Meeting 2 Series 2: Draft . Series 3: Station Series 4:Public Visioning secondary°Plans ,Design Open House and �' �� Public Meeting v cc CA) (310 h rn v, PIC Sign -in Numbers Series 1 = 4 attendees ... ......... „ 5 Sies 2 `= 60 atndees m a a U u d w^� r' �SOCE w ✓ea d "� f Y r w w�� , ,e r NiagaraTalIs r PIC Information Update 1`�/ . .i � IIWINbNPY�iiff��1�1111111111111111111111111111111111111111111111111111di�UDlUlYk7,�l/71Y�'KlYll(1011(l4�'N�YlfflllYfffflllllllllllllllllllllllllllhfh�ffffllltl(fllffffflllllll111111111111111111111111111111111111111111111111111111111111111111111111111UI1UJ1111!IIUUIIIVIIIIUIIlUl0111UlUUJJ,'11k1rNN�74J11)UU,JNkkNNflwf�tl�MOVIIIUIIIUIIIUllUIUIUJIUJINhb66111Dllllllllllllllllllllllllllllllllllllllll 1 �,�. ...... . �i/l � car�rrrlor "�°� June 15, 2017 uulmV uuuu�i Imuuuu uumuuuu uu w m IIII muuuu ui I1111 umm dl i.uW �"oi mmII2 Purpose Present draft secondary plan elements Provide opportunity for the public to ask questions, provide comments and suggestions Raise awareness for the upcoming PIC Series 3 (to be scheduled for fall 2017) Online Survey Results • 1, 384 total responses • 264 (20%) identified Niagara Falls station as `station of interest' v 0 CA) 0 h iiiiiiii St. Catharines iiiiiiii Niagara Falls 11111111 Grimsby Beamsville W�11111111iallt we �11111111ieard um um • Enhanced business / investment / tourism • Improvements to Queen Street / Downtown • Travel to and from Toronto / GTHA • Opportunity to improve traffic flow & reduce congestion • Promote growth & development • Station and surrounding area should have a mix of uses & public amenities • Sufficient amount of parking at the station • Accessibility to the station and around the study area • Level of train service (convenient & frequent) • Mitigate congestion & limit traffic flow through existing neighbourhoods • Transit connections • GO Train service must be brought sooner than 2023 • Emphasize bi-national gateway & efficient border crossing, and historical character of Project & station construction timelines the area v CO CD GJ Cb O h iuumuiio iiiiiiiiii um IIIIIIIuuiiiiuuiiii Iuuii° umullliuiiiiiumuuu iii iiiiiuuiiii111 iiii iiiiiiiiiiuuiiii uumuluuiiiiiiii i A �oo��mw • 172 hectares (secondary plan area) • Potential for additional 2,450 people and 560 jobs by 2041 • Designated for intensification in Niagara Falls OP n gntlge St • Existing VIA rail station site `a'r't' I ' Hsrun$t. Queen St, �+ �� at heart of plan area Morrison St � �� A • International almott St to � OW street �� gateway �Pd �o Sinrc�re "at gym. � Jepson St, eneua 5t. mmm muuuu uuuw,� uuuuu r�oi aI uumVl� �.w,�,�,�,,,�m �u�� ()bjlecltIves u 1. Comprehensively improve the public realm 2. Concentrate mixed use intensification along Bridge Street, Park Street and portions of Queen Street 3. Support tourist commercial uses along River Road 4. Celebrate, conserve and enhance the historic and cultural assets of the Downtown 5. Strengthen stable residential neighbourhoods (Glenview) and provide a framework to address land use compatibility along Buttrey Street v 0 CA) 0 h ", p ts uuuuumuuuuu uuo1V s IIII uomuu r"i momm illu�uulllVi" iuuuuu "Il a ", muuuu m Intensification and brownfield redevelopment close to the station area and along other secondary corridors Opportunities for major catalyst developments Today Bridge Street (looking north at Victoria Ave.) Example: Kitchener, ON (UW Health Sciences) uuuuumuuuu, lI IIII uomiI)III IIIII uuo� uu i�uu �IIIIIIIIIIII Today uuuuumul I IIII i�uu muuuu SlIbreell't �IIIIIIIIIIII Vision Looking west down Bridge Street ........... a ri d 1.1 s euuuuulll a ri SPA 1: Current Industrial area to be maintained in short term. Over the medium/long area should be transitioned into more compatible uses (commercial/light industrial medium term and potential for residential overAll/ the long term) yza 114 Par Iso- —t SPA 2: Land PIPIP 2dIII I will 111dl 11I reserved for future SM, catalyst investment I , , I - 41 - 101111 , .00" (major institutional) 7N 11 VMS/ ME1... ... — — — — — Arrioury St7r7e� 0 h LEGEND, Low Density Residential Medium Density Residential High Density Residential Mixed Use 1 (Downtown) Mixed Use 2 SPA 1 SPA 2 Industrial Tourist Commercial Utility Recreation and Open Space Environmental Protection Area Environmental Conservation Area Transit Station Area Secondary Plan Limits Urban Area Boundary MAP PREPARED BY. ZMJ D LLON CONSULTING Ci1ECKED BY PJK DILLON CONSULTING SWUS OSAFT —E 211-1.11 NORTH T Scale 50 200 0 100 400 ��1111111,,Iew uuumiiiiiiiiii uuiiii ill oiiuluwt'" Auuiii �iioi iiiiiiiiii iiiiiiiiii Www Auuiii "'piousuuuu oouIIIIuu ruin r'' um oouiuu uiol "'poouuuW �. uuu lig, "'ipoouiuuu �u�uui N�.w �l uuioi oouiuuu ° uuioi uuio "I uuuuuuuuuV ll"ill"Ift), ��s®■r�`�i LEGENDw► m^ �� Location of Improvement% Potential - Thorold Stone ' Road Bridge � " � /� A ��Road NetWQf'li Extensionezm,,+mrgn etre; ,� " ®y • ary P Secondary Ian Limits rcrn r�rMv sa a Area Transit Station lane w1 �iiiiiiiiiiiism Urban Area Boundary Slgnalastlon of vloloria i Y1 Avenue at Buttrey Street { M victoria Avenue y vu s Improvements ,, i, - I �. r tr m ;, �p, / 1 �gvduV Yv,nJc1�` „,wurwtatri..... , r ',/Z NORTH MAP PBEWAPEC BY ZMJ. Oil. 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OAAF'Y oATP. 211o2/201'l Scale50 200 0 100 Q. �11111111,,Iexlt °iu Il mry uu m m m • Open House: October 18th, 2017 on the Draft Secondary Plan • Statutory Public Meeting: late 2017 on the Final Secondary Plan Page 46 of 465 Teresa Fabbro From: Sarah Conidi Sent: Tuesday, September 26, 2017 10:23 AM To: Jim Diodati; Bill Matson; Teresa Fabbro Ce: Carey Campbell; Ken Todd Subject: RE: Addition to tonight's deputations Thank you, Jim. Bill and Teresa, please confirm forJim that this will be added in deputations for tonight. Thank you! Sarah From: Jim Diodati Sent: Tuesday, September 26, 2017 10:20 AM To: Bill Matson Cc: Carey Campbell; Ken Todd; Sarah Conidi Subject: Addition to ton!ght's deputat!ons Bill, I've cut and pasted from my fb messenger. "Hi Jim, I've tried to email you and Carey this morning regarding our chat on Saturday. I keep getting an error message back from both of your emails. I'm copying the email here so that you can read it and have it added to the agenda. Please confirm.. Thank you." "Good afternoon Jim, Thanks so much for chatting with me for a few minutes Saturday regarding having the City of Niagara Palls declare October 15 Pregnancy and Infant Loss Awareness Day. You said you would have me added to the agenda for the Council Meeting tomorrow evening to present the request. As I mentioned, I have an event in Cambridge at 7 p.m. tomorrow evening, and as I am facilitating it, I need to be there by 6 p.m. so I've asked a colleague of mine to attend in my absence. Her name is Natalie Proulx and she is a funeral director. I've included below the original email that I sent you last week -- it has all the details that will be presented to Council. Please confirm receipt of this email and confirmation that the request has been added to the Agenda. Sincerely, Merri-Lee Agar From: Merri-Lee Agar Sent: Tuesday, September 19, 2017 5:13 PM To: jdiodati@niagarafalls,ca Subject: Request for Proclamation Page 47 of 465 Good day Mayor Diodati, My name is Merri-Lee Agar and I am a bereavement specialist in Niagara. I am writing to request your support to declare October 15th as "Pregnancy and Infant Loss Awareness Day' throughout the City of Niagara Falls. I submitted this request last year at the beginning of October, but there would not be another council meeting prior to October 15. This year I am hoping that this request will be submitted at the September 26th meeting, and the proclamation will be signed in time for October 15th. Thousands of families across Canada are devastated each year by the death of their baby through miscarriage, stillbirth or neonatal loss. I in 4 pregnancies will end in this loss, in fact. Last year, the Province of Ontario declared October 15 as Pregnancy and Infant Loss Awareness Day, and since then, people all over Ontario have been reaching our to their respective communities to declare it as such as well. The declaration of October 15 as a day to acknowledge the unique grief of bereaved parents would demonstrate support to the many families who have suffered from such a tragic event. Promoting awareness of pregnancy and infant loss will increase the likelihood that these families will receive understanding and support as they face the challenges of their distinctive bereavement. While I personally have not experienced this loss, as a bereavement specialist, I have walked in support and solidarity with so many parents who require not only programs and grief support, but more so, they need the understanding and validation of their loss from their community around them. I am also proud to be part of an incredible team of compassionate professionals within Home Hospice Association who have created a peer led support group, Our Babies, Our Grief, which I will co -facilitate with a colleague within Niagara in October. That has inspired us to not only reach out to our respective home communities to make this declaration, but the Niagara Region as a whole. I have no doubt that bereaved parents across Niagara Falls will find great comfort in having their loss acknowledged in not only this province, but this city. Sincerely, Merri-Lee Agar Bereavement Specialist" Sent from my Samsung Galaxy smartphone. Page 48 of 465 Teresa Fabbro From: Kevin Jacobi <kevin@canadabw.com> Sent: Tuesday, September 26, 2017 1:01 PM To: Bill Matson; 'Larry Vaughan' Cc: Ken Todd; Alex Herlovitch; Teresa Fabbro; Ken Beaman Subject: RE: Tonight's Council meeting Hello Bill, Larry is at a meeting right now. I will be making the presentation for our company. We will get the stick over to you later this afternoon. Thank you very much for this opportunity on such short notice — it is much appreciated. Kevin Jacobi Executive Director CanadaBW Inc. From: Bill Matson [mailto:bilimatson@niagarafalls.ca] Sent: September 26, 2017 12:50 PM To: 'Larry Vaughan' <larry.vaughan@gamsltd,com> Cc: kevin@canadabw.com; Ken Todd <ktodd@niagarafalls.ca>; Alex Herlovitch <aherlovitch@niagarafalls.ca>; Teresa Fabbro <tfabbro@niagarafalls.ca>; Ken Beaman <kbeaman@niagarafalls.ca> Subject: RE: Tonight's Council meeting Larry, We can list you on the agenda as a Deputation. The meeting is scheduled to start at 5:00pm with Deputations taking place shortly thereafter. You will be the 10th Deputation on the agenda. I remind you that any presentation is limited to 10 minutes in length. Please drop off the USB stick containing the presentation this afternoon so we can get it loaded on the Council computer. Could you also let me know who will be making the presentation? Bill Matson Acting City Clerk / Manager of Clerks Services The Corporation of the City of Niagara Falls billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell From: Larry Vaughan [mailto:larry.vaughan@gamsltd.com] Sent: Tuesday, September 26, 2017 11:31 AM To: Bill Matson Cc: kevinacanadabw.com Subject: Tonight's Council meeting al 1 Page 49 of 465 We would like to be put on the agenda in order to make a deputation on behalf of CanadaBw, one of my other companies. This deputation is in regards to the positive economic impact that the Paradise development at Thundering Waters will have on the business community and the community at large. I understand that there are seven deputations already on the agenda and that we would follow in after that. We have a short power point presentation that contains photographs so it is rather large in size. I can drop it off to you on a memory stick earlier this afternoon or tonight at council, your preference. Thanks you for your help in this matter. Larry R. Vaughan KCSt.C. C.E.T. Vice President Operations Ground Aerial Maintenance Services Ltd. 8540 Earl Thomas Ave. Niagara Falls, Ontario L2G 0136 Phone 905 354 6881 Fax 905 354 0930 Email larrv.va uahan(alaamsltd. corn Web www.gamsltd.com Page 50 of 465 DUXBURYLAW TRIAL & TRIBUNAL LAWYERS Brian Duxbury B.A.,L.L.B. CertifiedSpecia,list —Civil Litigation brian@a duxburylaw.ca August 25, 2017 VIA EMAIL & OVERNIGHT COURIER City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara falls, ON L2E 6X5 Attention: Bill Matson, Acting City Clerk Dear Mr. Matson: RE; Follow Up Report of Integrity Commissioner T. David Marshall B.A.,L.L.B.,L.L.M. Barrister & Solicitor david@duxburylaw.ca RECEIVED VMMIri IAUG 2, 9 2017 Further to my continued investigation and role as Integrity Commissioner for the City of Niagara Falls, I am enclosing two reports that I would ask you to bring forward to the Mayor and Members of Council for the next Council meeting. Yours very truly, DUXBURY LAW PROFESSIONAL CORPORATION Per: Brian Duxbury BD:rne Encls. cc: Ken Beaman, City Solicitor DUXBU'RY LAW PROFESSIONAL CORPORATION a Kling St. W., Suite Soo, Hamilton, ON LSP iAy I T 905 570 1242 l F 905 5701955 duxburylaw.ca Page 51 of 465 RECEIVED FOLLOW UP REPORT OF BRIAN DUXBURY AU01 7017 OF DUXBURY LAW PROFESSIONAL CORPORATIONa AS INTEGRITY COMMISSIONER TO: MAYOR AND MEMBERS OF COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS INTRODUCTION 1. I was provided with a copy of a letter issued by Councillor Carolynn loanonni's legal counsel, Lionel Tupman, dated June 21, 2017, in relation to my Report dated. June 13, 2017, This letter was addressed to the Mayor and Members of Council. Mr. Tupman's letter is attached. 2. It is apparent from Mr. Tupman's letter that he is requesting that I review the concerns raised therein. Since receiving a copy of this letter, I have also been asked by the City Solicitor to consider Mr. Tupman's submissions. 3. I have now done so and will briefly comment on those concerns, below. 4. Before doing so, however, I wish to clarify that I consider myself to have remained seized of this matter. My appointment pursuant to Council's motions as described in my report of June 13, 2017, is not limited in time or duration, and I consider the need now to respond to the concerns of Ms. Ioanonni to be an important component of the duties for which I was retained as the City's Integrity Commissioner in this matter. If I am wrong in this respect, I also find authority for my continued involvement in this matter by virtue of the fact that both the City of Niagara, through its Solicitor, and Ms. Ioanonni, through her legal counsel, Page 52 of 465 2 have specifically asked me to address the concerns raised in Mr. Tupman's letter of June 21, 2017. MR TUPMAN'S LETTER OF JUNE 21, 2017 5, In his letter of June 21, 2017 Mr. Tupman states that "A review of the City's Code of Conduct reveals that there is presently no express prohibition on the sharing of In Camera information. Moreover; no such prohibition existed during the time relevant to this matter, namely, January, 2017..." 6. As stated in my report regarding the July 11, 2017 complaint, the requirement for confidentiality and non -disclosure of In Camera information is grounded in the very term itself and the requirement that elected officials exercise honesty and integrity in all of their business dealings. The prohibition against disclosure of In Camera information is grounded in the City's Code of Conduct. 7. While Mr. Tupman in his letter makes a further submission that the confidentiality requirements of the City's Code of Conduct do not, by definition, include elected officials and only apply to employees, this does not alter the fact, nor my conclusion, that the disclosure of In Camera information by Councillor Ioanonni constituted a breach of the City's Code of Conduct. As noted in my Report of June 13, 2017, elected officials are required by the Code of Conduct to set a prime example for others, and to exercise honesty Page 53 of 465 and integrity in all of their dealings. In this instance, I found, Ms. Ioanonni did not do so, and thus breached the City's Code of Conduct. 8. For the reasons stated above, my conclusions in my report of .lune 13, 2017, remain and Mr. Tupman's submissions do not affect or diminish my conclusions. 9. Lastly, I would draw Council's attention to my concluding paragraph in my report of June 13, 2017, where I note the penalties provided under subsection 223.4(5) of the Municipal flet. The section provides as follows: PENLATIES (5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct: 1. A reprimand. 2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. Dated at Hamilton this 25th day of August, 2017. (21, 2�2 Brian Duxhury ( SUC #23341M) DUXBURY LAWPROFESSIONAL CORPORATION Barristers and Solicitors 500 —1 King Street West Hamilton, ON LSP IA4 T. (905) 570-1242 F. (905) 570-1955 Integrity Commissioner for the City of Niagara Falls Page 54 of 465 " Lionel Tupman I Partner W H A L h Y T UP M AN Direct: 416-355-3268 Office: 416-925-7400 ext. 268 Facsimile: 416-925-7464 E-mail: IioneWwELPartners.corn June 21, 2017 DELIVERED VIA EMAIL. His Worship Mayor Jim Diodati Councillors Campbell, Craitor, Kerrio, Morocco, Pietrangelo, Strange and Thomson City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario Canada L2E 6X5 Dear Mayor Diodati and Councillors, Re: Report of Integrity Commissioner and Corresponding Sanctions We are litigation counsel to Councillor Carolynn loannoni in relation to the recent report of Integrity Commissioner Duxbury and the corresponding adoption of his report and sanctions imposed by Council. This letter outlines some of the concerns we have identified in relation to the report prepared by Mr. Duxbury and the steps subsequently taken by Council to adopt the report and to implement sanctions. The Duxbury Report We have reviewed Commissioner Duxbury's report. The basis upon which Councillor loannoni was found to have "improperly" disclosed sensitive and confidential information is unclear. Mr. Duxbury was appointed as Integrity Commissioner pursuant to section 223.3 of the Municipal Act, 2001 (the "Act"). Commissioner Duxbury's report states that his role, pursuant to the Act is to report to council regarding the application of the Code of Conduct for members of counsel and the application of any procedures, rules and policies of the municipality governing the ethical behavior of members of council or both. The City of Niagara f=alls adopted Policy 400-35 which is entitled "Code of Ethics/Conduct (Conflicts of Interest)" (the "Code of conduct"). Mr. Duxbury's report identifies relevant excerpts from the Code of Conduct, excerpted for convenience below: 45 St, Clair Ave. West, Suite 600, Toronto, Ontario MAV IK9 T:(416)925-7400 F;(416)925-7464 www.welpartners.com • W EL Nosestion( Corporation Page 55 of 465 2. SCOPE 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. [emphasis added] 3. RESPONSIBILITIES AND EXPECTATIONS 3.1 Elected officials (a) All elected officials are expected to work together to promote a workplace built on our core values of accountability, leadership, teamwork and respect. (b) Elected officials are expected to set a prime example. In all their business dealings, honest and integrity shall be required. 4.2 "Code of Ethics" The Code of Ethics is 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. 5.5 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 authorization. [emphasis added] 8. FAILURE TO COMPLY WITH THE POLICY Employees who fail to comply with this policy are subject to disciplinary action up to and including termination. Commissioner Duxbury notes the following at Footnote 1 of his Report: "The City's Code of Conduct and policies in respect to In Camera Meetings are inadequate. I have described above in this report the policies that currently exist and they are insufficient. The City requires a much more detailed and robust code of conduct to deal with a broad range of procedural issues including, but not limited to, the following: 1. A statement on the vital importance of In Camera discussions; 2 Page 56 of 465 2. A clear statement that the content of In Camera discussions cannot be shared, in any way, by hint or otherwise, with any third parties or the public; 3. The chair of any In Camera meeting should request and ask for confirmation from each Councilor in attendance that they are not recording the In Camera discussion in any manner; and 4. The In Camera meeting should be recorded in its entirety by an appropriate member of the City staff (the Clerk or the Clerk's designate in some circumstances). That recording should be done through a proper recording system that is properly archived in a City record (without access to MFIPPA requests). [... ] A review of the City's Code of Conduct reveals that there is presently no express prohibition on the sharing of in Camera information. Moreover no such prohibition existed during the time relevant to this matter, namely, January, 2017. This fact is further confirmed by Mr. Duxbury who notes the need for "a clear statement that the content of In Camera discussions cannot be shared It is also noteworthy that section 5,5 of the Code of Conduct states, repeatedly, that "Employees" may not disclose confidential information and that "Employees" may be terminated. However, section 2 "Scope" of the Code of Conduct clearly demonstrates that the term "Employees" is, in the context of the Code of Conduct, a defined term which specifically excludes from the definition, elected officials: This policy applies to all City of Niagara Fails 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.[emphasis added] The result of the foregoing is that, in fact, (a) there is no express prohibition in the Policy which requires even employees to keep confidential the information derived from In Camera meetings; and (b) even if such a prohibition existed, the express wording of section 5.5 of the Policy states that it is Employees (a defined term excluding elected officials) who are prohibited from divulging confidential information. In our respectful view, Commissioner Duxbury's report and findings are substantively erroneous, At paragraph 42 of the report. Commissioner Duxbury states, infer glia, the following: 42. 1 conclude that Councillor Carolynn loannoni improperly shared the content of an In Camera meeting on January 24, 2017, with a person who was not entitled to receive such information. While the Councillor may have had, in her mind, good intentions to ensure that someone who was affected by the In Camera discussion was given a "heads up", it remains an improper disclosure of the content of an In Camera meeting. The rule Page 57 of 465 is inviolate and Councillors have no ability to, and are not entitled to, disclose, hint or imply some or all of the content of an In Camera meeting to individuals who are not entitled to it.[sicj [emphasis added] It is unclear where this rule is expressed in the Code of Conduct or otherwise. In fact, far from being "inviolate", this rule is non-existent. It is unclear why Commissioner Duxbury thus found it to be effective and so too therefore, the basis on which he found Councillor loannoni to have breached the Policy, Furthermore, at paragraph 43 of the Report, Commissioner Duxbury states, infer alia, the following: 43. The City's Code of Ethics/Conduct requires employees, including elected officials, to protect confidential and privileged information. Sensitive and confidential personal issues discussed In Camera require the highest regard for confidentiality. Further, the City's Code of EthicsiConduct policy document requires all elected officials to work together to promote a workplace built on core values of accountability, leadership, team work and respect and to set and be a prime example for others, In all of their business dealings, honesty and integrity is required. I conclude that Councillor Carolynn loanonni breached the City's Code of EthicsiCond uct. [sic] This paragraph reveals a key error: in fact the Code of Conduct does not require "employees, including elected officials, to protect confidential and privileged information." The text of the Code of Ethics requires Employees, (a defined term expressly excluding elected officials) to maintain confidentiality. For these reasons, our client submits that the Duxbury Report is flawed and that Commissioner Duxbury has erred substantively in his exercise of delegated authority. If Mr. Duxbury is not yet functus officio, we respectfully request that he review the concerns raised by Councillor loanonni in this letter and that he correspondingly amend his report. Sanctions Imposed ,by Council As noted by Commissioner Duxbury at paragraph 44 of his report, subsection 223.4(5) of the Act permits a city Council to impose penalties on individuals found to have committed an ethical breach by an integrity commissioner. This subsection states: Penalties (5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct: Page 58 of 465 1. A reprimand, 2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. 2006, c. 32, Sched, A, s. 98. We are advised by our client that at the last meeting of Council, Councillor Kerrio made a motion which was adopted and passed by Council which states, inter alia, the following: 1. That we ask Councillor loannoni to apologize to her peers on Council, to staff and to the public. 2. That because of Councillor loannoni's failure to cooperate with the integrity Commissioner's investigation, who was appointed by this Council, that City Staff be directed to decline to answer any further questions that the Councillor has or may have with respect to the investigation. 3. To remove Councillor loannoni from all boards and committees of Council, including Niagara Falls Hydro Holding Corporation effective immediately. 4, To impose a 90 -day pay penalty to off -set the funds that taxpayers have had to pay to conduct this investigation. 5. To ask for the resignation of Councillor loannoni. [...] Respectfully, the jurisdiction of Council to impose penalties on Councillor loannoni is limited to that which is prescribed under the Act. The sanctions imposed are punitive and have a considerable impact on Councillor loannoni's interests in her capacity as a Councillor and personally. The sanctions imposed exceed those prescribed under the Act as there is no basis upon which Council had the authority to remove Councillor loannoni from the committees on which she sits, nor to ask for her resignation, nor to ask for a public apology. It is respectfully submiUed that Councillor loannoni is an individual entitled to procedural fairness and natural justice. Even if Councillor loannoni was properly found to have breached the Code of Conduct (which for the foregoing reasons is denied), Councillor loannoni is entitled to procedural fairness and substantive correctness in relation to the imposition of penalties, being those prescribed by law. Next Steps Our client requests that Council immediately take steps to remedy the errors raised in this correspondence, failing which it may be necessary for Councillor loannoni to commence an Application for ,Judicial Review, inter alfa, regarding the issues raised herein. Please do not hesitate to contact the undersigned should you have any questions Page 59 of 465 You ARTNERS* LT:slh VEL Professional Corporation Page 60 of 465 FOLLOW UP REPORT OF BRIAN DUXBURY OF DUXB,URY LAW PROFESSIONAL CORPORATION AS INTEGRITY COMMISSIONER ....-• TO: MAYOR AND MEMBERS OF COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS INTRODUCTION 1. This is my Report as Integrity Commissioner for the City of Niagara Falls ("the City"), arising from a formal complaint. The Complainant has alleged that following the In Camera meeting of January 24, 2017, sensitive and confidential In Camera information was disclosed by Councillor Wayne Thomson to the individual identified as WI in my Report of June 13, 2017, and to a third party - both of whom were not entitled to such information. I have continued my investigation to address this complaint. SUMMARY CONCLUSION 2. Based upon all of all of the evidence, I find that Councillor Wayne Thomson did not disclose any sensitive or confidential information discussed In Camera by Council on January 24, 2017, to either WI or the third patty, as alleged. Page 61 of 465 2 BACKGROUND 3. On July 11, 2017, the Complainant submitted a formal complaint to the Clerk of the City. The complaint was as follows: "Please use this as my formal complaint that sensitive and confidential information was disclosed by Wayne Thomson to third paries, _ M, [WI] and � [W3] who were not entitled to such information about the discussions of the In Camera meeting of council on January 24, 2017. Following email will include texts that led- to this complaint being filed. 4. I was provided with the three text messages referenced in the complaint. These text messages were all between witnesses "W 1" and "W2", as these individuals were referred to in my Report of June 13, 2017 ("June Report")'. I had noted one of these text messages in my June Report and considered all three in my previous investigation relating to that Report. 5. Of the three text messages provided by the Complainant, only one is relevant to the issue of whether Councillor Thomson disclosed In Camera information. This text message, between W I and W2, stated the following: "I was just talking to Wayne about another issue and he said in camera was interesting and I will tell you.. is the cause of the rumors", This text message was sent by W 1 to W2 on January 25, 2017. As outlined in my June report, and for the same reasons as set out in that report, I do not identify the individuals named in the complaint, or the individuals who met with me, except for Councillor Thomson. Page 62 of 465 THE CITY'S CODE OF CONDUCT 6. As reported in my Report of June 13, 2017, the City's Code of Ethics/Conduct sets out a number of broad and well recognized principles regarding the conduct of elected officials. Under the heading of "Responsibilities and Expectations" the Code of Conduct provides that "Elected officials are expected to set a prime example. In all their business dealings, honesty and integrity shall be required. ,2 7. The principle of confidentiality (and non -disclosure of In Camera information) is a core principle and expectation of all elected officials. Indeed, the principle of confidentiality is comported by the very term "in camera". It is a fundamental and manifest, primary concept, which demands the utmost honesty and integrity of elected officials to ensure In Camera information will not be shared. The efficacy and vital importance of In Camera meetings is premised upon respect for this most -basic of principles. 8. The fact that In Camera content is protected from disclosure is also a foundational premise of those provisions in the Municipal Act (Section 239) dealing with In Camera meetings. Protecting and maintaining the confidentiality of In Camera information is an obvious, well known and basic imperative which every elected official of the City of Niagara Falls is required to respect, uphold, and set a prime example. 'See my June 13, 2017 Report at p. 3. Page 63 of 465 4 MY INVESTIGATION 9. As part of my earlier investigation and Report to Council on June 13, 2017, I conducted separate interviews with both W 1 and Councillor Thomson. In respect to the only text that is relevant to the present complaint, WI had previously stated to me that if Councillor Thomson had used the words identified in the text, that was the extent of the statement made by him concerning the In Camera meeting of January 24, 2017. W 1 was very clear and direct under my questioning; Councillor Thomson did not disclose any content of the In Camera meeting and has never, to the best of W l's knowledge, disclosed the content of any In Camera meeting to W I. 10. In my earlier investigation relating to my June Report I had also interviewed Councillor Thomson. He was sure, direct and consistent during the interview, and unequivocally stated he did not disclose any In Camera information to W1, and, had no reason to do so. This was consistent with the evidence provided by W 1. 11. However, as a result of the July 11, formal complaint, I conducted further separate interviews with both Wl and Councillor Thomson. 12. In my follow-up interviews of W 1 and Councillor Thomson, both remained consistent in their recollections and positions in respect to the present matter. WI maintained that there had been no disclosure of any content of the January 24 In Camera meeting. Equally, and separately, Councillor Thomson maintained that, while he was not sure that he used the Page 64 of 465 expression that is contained in the text message described above, he was quite certain that he had no reason to, and did not in fact, disclose any information pertaining to the In Camera meeting to Wt or to the third party ("W3") identified in the complaint. 13. When I endeavoured to interview W3, W3 advised me in writing, among other matters not relevant to the present issue, that W3 was "not inclined to participate in your investigation." ANALYSIS 14. The subject text has three elements that are important to review and understand. Firstly, I had to consider why W1 communicated with Councillor Thomson. W1, however, has a function at the City whereby it is normal for Councillor Thomson to have some interaction with W1 on a regular basis. I therefore conclude that there is nothing unusual or suggestive of any improper disclosure based upon the fact Councillor Thomson communicated with W1. 15. The second element of the text is the use of the following words, which appear therein: "he said in camera was interesting". I comment on this further below. 16. The third element of the text is the use therein of the following words: "and I will tell you... - is the cause of the rumors". Based upon the totality of the evidence in this matter, however, it is clear this was a distinct and separate subject matter or issue raised by W 1, unconnected in time or subject matter to the In Camera meeting and alleged disclosure. Page 65 of 465 6 17. Based upon my investigation, then, and in relation to the first and second elements discussed above, I conclude that (either taken separately, or, together) neither discloses any rational or evidentiary basis for concluding Councillor Thomson disclosed In Camera information. With respect to the third element, the expression that the In Camera meeting was "interesting" does not violate the requirement and principle at issue - that confidential In Camera information not be disclosed to third parties. 18. Moreover, I find W 1 and Councillor Thomson were consistent during separate and repeated interviews in respect to their assertions and recollections that no content of the subject In Camera meeting was disclosed. As noted above, and while W3 declined to be interviewed, the evidence, interviews and text message produced as part of the present complaint do not disclose any or sufficient basis to conclude Councillor Thomson disclosed the content of the In Camera meeting. 19.1 therefore find, on a balance of probabilities, and after having fully considered the evidence in this matter, that Councillor Wayne Thomson did not share any sensitive and confidential information in respect to the content of the In Camera meeting of Council on January 24, 2017 with W1 or W3, as alleged. 20. On this basis I render to Council this Report. Page 66 of 465 Dated at Hamilton this 25th day of August, 2017. Brian Duxbui�,, (LSUC 423341M) DUXBURY LAW PROFESSIONAL CORPORATION Barristers and Solicitors 500 — 1 King Street `Vest Hamilton, ON L8P lA4 T. (905) 570-1242 F, (905) 570-1955 Integrity Commissioner for the City of Niagara Falls Page 67 of 465 Niagara 11s :14 Wel3 N rel SUBMITTED BY: Mayor James M. Diodati and Members of Municipal Council Legal Services L-2017-17 September 26, 2017 SUBJECT: L-2017-17 Proposed Declaration of Surplus Part of Township Lot 78, Stamford as in BB13069 (Parcels 4-6) Lying East of Pettit AV, Except RO267509; RO742914 and Part 2 on 69R-9613 and Part 2 on 59R-12461; Subject to RO722432; City of Niagara Falls Our File No.: 2017-122 RECOMMENDATION The Council consider declaring that Part of Township Lot 78, Stamford as in BB13069 (Parcels 4-6) Lying l=ast of Pettit AV, Except RO267509; RO742914 and Part 2 on 59R- 9613 and Part 2 on 59R-12461; Subject to RO722432; City of Niagara Falls, as shown in red on the attached location maps (the "Subject Lands") surplus to the requirements of the City of Niagara Falls. EXECUTIVE SUMMARY The City has received a request by an abutting landowner to purchase a portion of City owned lands that immediately abut his property. Prior to a conveyance, the Subject Lands must be declared surplus to the City's needs. BACKGROUND The Subject Lands are a very small part of the old Niagara, St. Catharines and Toronto Railway lands which form part of the Lind Sommerville Neighbourhood Park. A request to purchase the Subject Lands was made in 2012 by the previous abutting landowner. This request was denied by City Staff due to environmental concerns. The Subject Lands was identified as contaminated lands. It was identified as contaminated lands for the sole reason that it was, at one time, a part of the old NS & T Line. Further investigations into the history of the NS & T Line conducted as a result of the new request to purchase the Subject Lands, have determined that the potential of any environmental concerns is low, if any, to the satisfaction of City Staff. The old NS & T Line was an electric tram railway. Thus there is a reduced risk of contamination of the Subject Lands by fossil fuels. It was also discovered that similar parcels of land were transferred to abutting land owners in the 1960's. Page 68 of 465 4 L-20,17-17 September 26, 2017 The proposal to declare the Subject Lands surplus has been circulated to all City departments. Municipal VVndks, Transportation Services and FYna Services have advised that they have no concerns. Parka and Recreation expressed uono8[D about setting 8 precedent for conveyance of parkland and the Park in the City Committee recommended very strongly against declaring the Subject Lands surplus. The principle concern of the Park in the City Committee was setting a precedent for declaring parkland surplus. It should be noted that there were no objections to the proposed declaration in 2012 based upon parkland preservation considerations. At that time, the proposal was rejected solely as a result of environmental concerns. ANALYSIS/RATIONALE Generally, Staff will never recommend that parkland be declared surplus to the needs of the municipality. That said, U must be acknowledged that the Subject Lands are not functioning as a part of either Lind Sommerville Park or the NS & T trail. The Subject Lands are separated from the park and trail bythe gradation of the area (which m|mpem upwards to the rear yards of the houses that front on Sheldon Street) with vegetation on the slope and a row of trees. To the uninformed observer, the Subject Lands appear to bampart nfthe rear yard of8352Sheldon Street. That said, the Park in the City Committee has recommended against the declaration. Much of the reasoning Of the Committee is set forth in Attachment "2". an e-mail from M[. John ADsthruthar, a member ofthe Committee. F|NANCKAUSTAFHNG/LEGAL|K8PL|CATIONS While there is no question that declaring the Subject Lands surplus would set a precedent that |arelevant to the properties that are located immediately to the west 'of the Subject Lands, U is submitted that it is unlikely that a similar combination of topography and M0[G will be found elsewhere in the City. It is submitted that the situation behind the houses that front onto Sheldon Street at the rear of Lind Sommerville Park is unique. LIST OF ATTACHMENTS Attachment "1" - Location Maps Attachment "2" - E-mail from John Recommended by: Ken Je Respectfully submitted: Ken Todd, Chief Administrative Officer xa Attachments Page 69 of 465 ATTACHMENT #1 4ln7 4301 Page 70 of 465 Page 71 of 465 From: John[mailto:anstrutherclan@cogeco.ca] Sent: Thursday, September 14, 2017 11:21 AM To: CoundlMembers Subject: Proposed safe of surplus park land along the N S & T corridor Ken Beaman presented an item at last night's Park in the City Committee meeting regarding the proposed sale of City -owned land along the former N S & T rail corridor. The committee voted unanimously to NOT support this sale and l was surprised to see it in the Niagara Falls Review this morning. 1 would like to offer the reasons why 1, personally, am not in favour of this declaration nor ultimate sale. 1, The thought that ANY park land, green space or woodlot in our city is "surplus" would have to be thought of as ludicrous. In this day and age of ever -encroaching development, any open space that can support access to green space, allow for the growth of trees, plants and encourage habitats for wildlife need to be protected and enhanced. We must never consider park land (especially City -owned) to be surplus at any time. It is completely a misnomer; 2. The recent disaster in Houston, Texas has shown that continued development of open lands, wetlands and green spaces has decreased the land's ability to assist in draining off the huge influx of water that the recent event has created there. This is not an isolated case as we are seeing this happen in many parts of the world and in Niagara Falls as well. Even though we have a huge gorge that could take water away, the development of lands in our City, does not allow for the water to flow naturally in these incidents. We have to rely on (often) under -sized, man-made options to corral the runoff waters, If one looks at the damage recorded from the Hurricane Hazel event many years ago, the pace and scope of development since that time has severely hindered our City's natural ability to handle short duration major water influxes. Removing more green and open space will only make that process ever more difficult. Whether you believe in climate change as real or imagined, the images from Houston cannot be taken in isolation. We, too, would be hard-pressed to. survive such an onslaught of water, and recent events locally have shown that many neighbourhoods in our city are still at risk of flooding; 3. As the City has the right to request 5% of the land from developers, one would thinly that we can accumulate additional lands as these developments are proposed and ultimately built. However, the caveat is that developers can work with the City on a "cash in lieu" basis rather than provide actual land, As this has happened in the past, we should be looking at green space as being in a deficit position in our City, certainly not that we have surplus land to sell off; 4. As we discussed this specific option to sell off one piece of our green space, it seems quite obvious that in doing so, the City will create a precedent that would allow the other properties along this corridor to ask for the same option to purchase land abutting the corridor. How can we refuse the rest of the neighbours if this comes to pass? That would only result in even more lands being lost to private ownership and hence, no longer in the control nor care of the City. This particular property has many mature trees established. Once the ownership is changed, the property owner can very well take them all down. if not this owner, then maybe the nest one. We understand that this land is not currently being manicured by City park's staff, as quite literally, there is nothing for our staff to do with the coverage of the trees. We were to understand that the Parks department has no issue in regards to the sale as there will be no impact Page 72 of 465 on their workload or budget. This does not mean that the land is not desirable as a City -owned green space; 5. While the current property owner's desire to own and manage this land may be noble, it was admitted that he purchased the property thinking that the area in question was part of the purchase. His lack of research before purchase, should not influence the decision for the sale of this property as this is termed as "buyer beware". He also stated that he wanted to fence in the area in question to prevent is young child to access the sloped area. As shown on the photographs presented, he has ample room to fence in the rear yard on his existing property without the need to purchase additional lands. The possible construction of a fence could seriously impact the root systems of the existing trees. One possible option could be for the owner to install the fence on his property with a gate to access the City lands. that would allow him the safety of control over access for his family, yet still allow access to the City lands without the City having to lose control of more park land; 6. The Ni S & T rail corridor is one of the most, if not the most significant, trail corridor on the City's master plan for bikes and Trailways. This virtually straight east -west corridor allows access from the downtown core all the way to Thorold Town line. At this time, of course, not all of the corridor is open and maintained, but the land is there and available for future trail construction. As each of you know, each time a trail is proposed, there is considerable backlash from some property owners along the trail corridors that oppose any development on those City - owned land. Much of that opposition comes from the proximity of the trail to the property boundaries. Allowing the sale of City -owned land to narrow this corridor can only hinder the future development of this significant trail option; 7. The Mayor has suggested that for every tree that is lost in the City, we should be planting two or more trees each time. Where are these trees to be planted if we continue to allow for ever - decreasing lot sizes in developments, cash in lieu of park land in developments and sale of existing park land to private hands? As a volunteer who has put in numerous hours trying to make our City a better place to live, I feel if our Council approves this, or any sale of our publicly -owned green spaces, that my efforts and the efforts of so many others trying to make our City better is in vain. You can't fly the" let's do this for the environment" flag one day and take steps to burn it the next day. there is more to this than dollars and cents; The above points were in my thoughts as I spoke on and supported a motion to advise council NOT to declare this land surplus and to block the sale of this land so that it can continue to be part of our natural wonder in our community. I ask that every one on Council consider the future of park land in the City of Niagara Falls to never be thought of as "surplus" and to fight to protect what we have so that our future generations can enjoy the legacy that we have built together. Thank you for your time to consider my thought on this matter, Respectfully submitted, John Anstruther Page 73 of 465 -117 09-20 R009`5 September 2017 ATTENTION: Mayor Diodati and City Council SUBJECT: Sale of N S and T Line Parkland at Rear of 6352 Sheldon Street, Niagara Falls, ON Attached is a list of property owners and residents who, by their signatures, indicate that they do NOT agree with the sale of Niagara Falls City parkland and in particular, the above noted proposed sale. This property is located on the north side of Lind Sommerville Park, Currently, this parcel has seventeen (17) fifty -year-old spruce and pine trees growing on it, as well as several smaller shrubs. All along this trail, from Drummond Road to Pettit Street, there are areas adjacent to property lines with large shrubs and trees that the City permitted to grow. These act as a natural buffer and create habitat for wildlife and birds. In the winter, this particular area is highly utilized by local children for sledding and winter activities. The sale of this property would create a dangerous precedent and would open the door for additional requests to sell parkland. We ask that Niagara Falls City Council support the recommendation of The Park in the City Committee and deny the purchase request. Page 74 of 465 Page 75 of 465 �j 00 Aj fill 17 r S �a eit, 656 CkowrooS Page 76 of 465 6,wl--> D6x--c� (,ws 43 51 11)jvLc--L�joot) AV6� 3 f'LE w 0 0 0 M119-7 C� lu vif C/� Z-1 LP,13 /4- b ylc I (Oa 00d Page 77 of 465 k1VjS-(C-�O Tell r dC� B&-1��2r . 07 &Z FES r;,-1 (j 4L .E �-fit--- ct CO tor) 'S�/ �L c) S7 vo, Page 78 of 465 Page 79 of 465 40,vx)c�,5 -- 5 -- 4,:),(D --4,:),(D cvn��1 b�K. 1-)q /" ) v Page 80 of 465 PBD -2017-33 NiaSeptember 26, 2017 gara,�aIl�,s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2017-33 26CD-11-2017-005 & AM -2017-009 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 3757 St. Peter Avenue Applicant: Frank Costantino Agent: Emilio Raimondo (Raimondo + Associates Architects) RECOMMENDATION That the Plan of Vacant Land Condominium be draft approved, subject to the conditions in Appendix A; That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; 4. That the application to amend the Zoning By-law be approved, as detailed in this report; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Frank Costantino is proposing to develop 10 townhouse dwelling units on 3757 St. Peter Avenue, as a Plan of Vacant Land Condominium. The condominium will divide the land into 10 units of land with a common private road. The condominium will allow the individual ownership of the townhouse dwelling units and the common ownership of the private road. The developer has also applied to amend Zoning By-law No. 79-200 to rezone the lands from Residential Single Family 1D Density (R1 D) to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone and to provide the necessary regulations for the project. Planning staff recommends the applications for the following reasons: Page 81 of 465 PBD -2017-33 September 26, 2017 • the lands are located in a settlement area where the Provincial Policy Statement directs growth and the efficient use of land, resources infrastructure and public services; • the proposal will aid the City in meeting its 40% intensification target for the Built - Up Area as directed by 2006 Growth Plan; • the proposal is within the intent and purpose of the Official which shall be for dwelling units of all types catering to a wide range of households; • the proposal complies with the Official Plan policies with respect to achieving minimum density targets in a Built -Up Area; • the existing and planned infrastructure can support the proposed development; • the proposal maintains the character of the existing neighbourhood and the proposed infill will blend into the lot fabric and the built -form of the neighbourhood; • the requested zoning, provides appropriate regulations for the development and will ensure its compatibility with the established neighbourhood; • the condominium will assist in providing housing choices and will contribute to the City's required short term housing supply; and • the City, Regional and other agency interests will be addressed through the fulfillment of the conditions in Appendix A. BACKGROUND Proposal Frank Costantino proposes to develop 10 townhouse dwelling units on a 0.46 hectare (1.13 acres) parcel that is located on the southwest corner of Colborne Street and St. Peter Avenue (as shown on Schedule 1) as a Vacant Land Condominium. This plan will permit the creation of vacant land units (lots) for the future sale of the 10 townhouse dwelling units that are proposed. Schedule 2 shows the proposed unit layout. The lands is currently zoned Residential Single Family 1 D Density (R1 D), in accordance with Zoning By-law No. 79-200, permitting single detached dwellings. The applicant is requesting the lands to be placed under a new Residential Low Density, Grouped Multiple Dwellings (R4) zone, limiting the use to townhouse dwellings, with site specific interior side yard width and lot coverage regulations. Site Conditions and Surrounding Land Uses The subject lands are generally flat with some mature trees. Currently, there is a single detached dwelling located on the property that will be removed prior to development. Single detached dwellings are located south, east and west of the subject lands. A 3 Page 82 of 465 3 PBD -2017-33 September 26, 2017 storey apartment building and a shopping plaza (Town and Country Plaza) are located on the north side. Circulation Comments Regional Municipality of Niagara (the Region) — The lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built -Up Area under the 2006 Growth Plan for the Greater Golden Horseshoe. The PPS directs growth to settlement areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. Growth management policies require that a minimum of 40% of all residential development occurring annually within the City shall be within the Built -Up Area. The proposal meets the intent of the Provincial policy through the introduction of an additional dwelling type in the neighbourhood. — As the proposed site layout does not comply with the Niagara Region's requirements for garbage collection, the developer will be required to provide waste collection through a private contractor. The Region's conditions regarding the garbage collection have been incorporated into Appendix A. Transportation Services, Municipal Works, Parks Design, Fire Services, Legal Services, Transit, Enbridge Gas, Bell Canada, and Canada Post — No objections. Requested conditions are included in Appendix A. Neighbourhood Open House A Neighbourhood open house was held on July 27, 2017 to introduce the proposal to area residents. Three area residents attended the open house to hear about the proposal or to provide comments. All the residents were in favour of the development. Nancy Stone, who resides at 3768 St. James Avenue, requested the developer to not extend the proposed close board fence along her rear lot line. She mentioned that she has an existing chain link fence along the rear property line and would prefer to keep that instead of a new close board fence. The developer is proposing to install a close board fence along the south property line and a decorative iron style fence along north and east property lines. ANALYSIS/RATIONALE Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification Page 83 of 465 4 PBD -2017-33 September 26, 2017 to help meet intensification targets. The proposed townhouse development is a form of residential intensification promoted by the Province. Official Plan The subject lands are designated Residential in the City's Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum density of 40 units per hectare, with a minimum density of 20 units per hectare along local and collector roads. The density of the project is 21.7 units per hectare and is located at the intersection of two local roads. This density is approximately half of conventional townhouse development. The proposed townhouses provide a transition between the commercial and an apartment building located along the north side of Colborne Street and single detached dwellings to the south of the subject lands. Further, the proposed development is similar to other residential development in the area which is generally comprised of bungalows and two storey dwellings thus making the proposal compatible with the existing residential dwellings in the neighbourhood in terms of density, building mass, setbacks and appearance. Lastly, the development will contribute to the required short term (3 year) supply of housing mandated by the Planning Act for future needs. As such, the development is considered to be in compliance with the Official Plan. 3. Zoning By-law Amendment The subject lands are currently zoned Residential Single Family 1 D Density (R1 D), in accordance with Zoning By-law No. 79-200. The zoning of the property is requested to be changed to a new site specific R4 zone. The standard R4 zone permits townhouses and apartment buildings or a combination of both. In this case the site specific provisions are requested to permit only the townhouse dwellings. The departures from the standard R4 regulations that are requested by the applicant are summarized in the following table: ZONE REGULATION STANDARD PROPOSED REGULATION REGULATION Minimum side yard One half of the building 1.2 m width & front yard height (5 m) depth Maximum lot coverage 35% 142.3% Page 84 of 465 5 PBD -2017-33 September 26, 2017 The requested amendments can be supported for the following reasons: The reduction to the interior side yard width is necessary due to the compact site design. The proposed setback of 1.2 metres is similar to what is typically required for single detached dwellings. The proposed townhouse units are bungalows with a maximum building height of 9.7 metres. As the interior side yard for unit 5 abuts the rear yards of single detached dwellings (3768 and 3778 St. James Avenue) no loss of privacy is anticipated. To mitigate any potential loss of privacy along unit 1, the developer is proposing to install a close board fence. This is a typical requirement of the City that will be secured as a condition of approval. The increased lot coverage is to accommodate the larger footprint of the bungalow townhouse dwellings. The increased lot coverage will be unperceivable as the proposed townhouse dwellings maintain adequate separation distances between dwellings and the street and contribute to the desired built form. To ensure the development is well designed and compatible with the surrounding land uses, the following zoning regulations are recommended by staff. ZONE REGULATION STANDARD REGULATION RECOMMENDED REGULATION Minimum lot area for a 250 sq. m for each 467 sq. m for each townhouse dwelling dwelling unit dwelling unit Minimum landscaped open 45 sq. m for each 175 sq. m for each space dwelling unit dwelling unit The increase in the minimum lot area for each townhouse dwelling unit will ensure that the development of the subject lands is compatible with the surrounding residential dwellings in character and built form. Based on the site design, the townhouse dwellings are fronting onto the common driveway, resulting in reverse lot frontage along Colborne Street (units 1 to 4). The City's design guidelines do not recommend reverse lot frontages. To mitigate the adverse impact of reverse lot frontage, the developer is proposing to provide a landscape buffer of 7.5 metres along Colborne Street. Further, an installation of a decorative iron style fence along Colborne Street will help in enhancing the streetscape. An increase in the landscaping provision will ensure that the proposed development is well designed to integrate with the surrounding neighbourhood. 4. Vacant Lands Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the parcel into vacant units of lands that can be owned separately. The plan will facilitate the sale of the 10 dwelling units to be built on them. The plan includes a private common Page 85 of 465 PBD -2017-33 September 26, 2017 driveway off St. Peter Avenue with individual driveways to access the dwelling units. The orientation of units 1 to 4, with the rear yards backing onto Colborne Street, is not ideal for the streetscape. To compensate, the condominium approval should provide a decorative iron style fencing along Colborne Street and St. Peter Avenue. This is included as a condition. The developer will be required to contribute 5% cash -in -lieu of parkland dedication. This is included as a condition of approval. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works. Conditions to address these matters are included in Appendix A. Lands that are developed as a vacant land condominium are not subject to Site Plan Control because the development issues including site servicing/grading, landscaping, lighting, fencing and waste disposal are addressed in the condominium agreement. Appendix A includes the recommended conditions of approval including the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map ➢ Schedule 2 — Site Plan/ Condominium Plan ➢ Appendix A — Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A. Dilwaria: m b Attach. S:\PDR\2017\PBD-2017-33, AM -2017-009 & 26CD-11-2017-005, 3757 St. Peter Av.docx Page 86 of 465 Page 87 of 465 N. SCHEDULE2 "16 Ld '0 CL 0, PBD -2017-33 September 26, 2017 Page 88 of 465 N2NJAY"' 21ALLId 'LS 77 CL ci sw LL ZA 18vd I NVIa LO 13 14 cr ;h ij Page 88 of 465 77 CL ci LL 18vd I NVIa Page 88 of 465 9 SCHEDULE 3 APPENDIX A Conditions for Draft Plan Approval PBD -2017-33 September 26, 2017 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood—Kerry T. Howe, Surveying Limited, dated July 6, 2017, showing 10 units of vacant land for townhouses as well as a common private road and amenity areas. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to: site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre -registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer demolished the existing dwelling on the subject land. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the lands. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submits a Solicitor's Certificate of Ownership for the Condominium lands to the City Solicitor prior to the preparation of the Vacant Lands Condominium Agreement. 7. The developer provides a 1.8 metre high wood fence along the lot line that abuts the single detached lots to the south and west to the satisfaction of Parks Design. Details of this fencing shall be shown on the landscape plan required by condition 7. 8. The developer shall provide a decorative iron style fence along Colborne Street (Units 1-4) and adjacent to St. Peter Avenue (easterly portion of Units 4 and 10) 9. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios and driveway locations. 10. The developer pays the City cash -in -lieu of 5% parkland dedication. Page 89 of 465 10 PBD -2017-33 September 26, 2017 11. The roadways, services, lot grading and construction shall all be designed and constructed in accordance with City standards. 12. The developer submits a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 13. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to approval of the plans for construction. 14. The developer pays the applicable development charges in place at the issuance of Building Permits in accordance with By-law No. 2017-87, as amended. 15. The developer pays the City the applicable required fees for administration. 16. The developer's engineering consultant shall be required to have their Engineering Consultant provide written acceptance that the works completed conform with the City's accepted drawings and in accordance with NPSCD and City construction specifications. 17. The developer must service the condominium off St. Peter Avenue. Additionally, the developer must ensure that the existing municipal infrastructure will adequately service the proposed development. The stormwater runoff must be controlled to the pre -development level for the five (5) year storm event. All the underground services shall be designed and constructed in accordance with City standards. No looping connection of the existing watermain will be permitted at any point within the development. The servicing stubs on Colborne Street and the northeast corner of the subject property must remain abandoned and shall not be integrated into the proposed condominium development. 18. The developer shall replace the municipal sidewalk if it gets damaged during the construction. 19. The developer must ensure that the existing municipal infrastructure will adequately service the development as proposed. All underground services within the subject lands shall be designed and constructed in accordance with City standards. 20. The developer submits the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 21. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Page 90 of 465 11 PBD -2017-33 September 26, 2017 Ontario Building Code; and post the necessary `no parking' signs. NOTE: parking shall be prohibited on both sides of the access road. 22. The developer provides the necessary drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.5(1) of the Ontario Building Code. 23. The developer agrees in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 24. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 25. That the developer identifies the location of the Community Mail Box (CMB) on a display in the sales office prior to offering any units for sale. 26. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 27. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 28. The Owner/Condominium Corporation agrees to include the following clause in all Offers and Agreements of Purchase and Sale or Lease for all units to survive closing: Purchasers/Tenants are advised that due to the site layout, waste collection for the development will be provided through a private waste collector arranged by the Condominium Corporation and not Niagara Region.' ' Notes: Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. Page 91 of 465 12 PBD -2017-33 September 26, 2017 • Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall also be provided prior to registration. • The format for all plans, studies and reports required to be submitted to the Niagara Region to satisfy these conditions shall be two hard copies and a PDF digital copy. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 4 (inclusive) - Legal Services for Conditions 5 and 6 - Parks Design for Conditions 7 to 10 (inclusive) - Municipal Works Department for Conditions 11 to 19 (inclusive) - Fire Services for Conditions 20 to 22 (inclusive) - Bell Canada for Condition 23 - Enbridge Gas for Condition 24 - Canada Post for Conditions 25 to 27 (inclusive) - Regional Niagara Public Works Department for Condition 28 Page 92 of 465 Teresa Fabbro From: Alex Herlovitch Sent: Tuesday, September 26, 2017 2:05 PM To: Teresa Fabbro; Bill Matson; Mary Benson Subject: FW: 3757 St. Peter Av For tonight's Council meeting. From: Anamika Dilwaria Sent: Tuesday, September 26, 2017 12:43 PM To: Alex Herlovitch Subject: FW: 3757 St, Peter Av Alex, Mentioned below Is an e-mail from an area resident for your information. I have responded to his e-mail and have provided the information he requested and he has no further concerns. Anamika Dilwaria, MRI., MCIP, RPP Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521 ext 4246 Fax 905-356-2354 aditwara nlagarafalls.ca From: Peter Todd [, Sent: Tuesday, September 26, 2017 11:36 AM To: Anamika Dilwaria Subject: Re: 3757 St. Peter Av Hello Anamika, Thank you for providing that drawing, I did see this in the notice and I have no objection to the development. I found the report to Council which has most of the information I was looking for. I did want to clarify one thing. Units 1-4 will front onto the new interior road and not colborne, is that correct? I know this second question may not be known yet but I understand the fence on colbolme will be decorative iron which is great. Will the area between units 1-4 and colborne street be backyards or will they have the appearance of a front yard and facade of a front of a home? And lastly will these units have pedestrian access to colborne? I am a big supporter of intensified development especially when using a new -urbanism approach. I believe there is an opportunity here to include this concept into the design by having the dwellings front onto colborne but keeping the driveway and garage in the rear off the new interior road. In case I am not able to attend tonight's meeting I wanted to provide these comments to staff for consideration in your final report to Council. Overall I am very supportive of the recommendations by staff and appreciate the outreach the developer has done to date. If there were any conceptual drawings I would be interested in seeing them if possible, Page 93 of 465 Thank you. On Tue, Sep 26, 2017 at 11:03 AM, Anarnika Dilwaria <adilwaria(cf�,niagarafalls.ea> wrote: Hi Peter, 1 have attached a copy of the draft plan for your information. Please let know what information are you looking for and 1 would be happy to help. Thanks Anamika Dilwaria, MR., MCIP, RPP Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 9! 05) 356-7521 ext 4246 Fax 905-356-2354 adilwara ni_�//o agarafalis.ca IN a -g,— E aIlls www.niagarafa4s.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 94 of 465 PBD -2017-36 September 26, 2017 Niagarafalls <;n:x wan REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2017-36 AM -2017-004, Zoning By-law Amendment Application 5297 River Road Proposal: 3 Storey, 8 Unit Apartment Dwelling Applicant: Dr. Kamal Mattar Agent: Stephen Bedford RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone 5297 River Road a site specific Residential Apartment 5A Density (R5A) zone, subject to the regulations outlined in this report. EXECUTIVE SUMMARY Dr. Kamal Mattar has requested a Zoning By-law amendment for 5297 River Road. The application requests the property be rezoned to a site specific Residential Apartment 5A Density (R5A) zone to permit the construction of a 3 storey, 8 unit apartment building. The amendment is recommended for the following reasons: — The Official Plan permits the development of appropriately designed low rise apartment buildings on major roads such as River Road; — The proposed apartment building will add housing choices to this neighbourhood and will assist the City in meeting its intensification targets; and — With the exception of the requested height exemption to accommodate structures related to a rooftop patio as discussed in this report, the requested site specific R5A zone is acceptable. BACKGROUND Proposal Dr. Kamal Mattar has requested a Zoning By-law amendment for a 0.14 hectare (034 acre) parcel of land known as 5297 River Road, between Otter Street and Eastwood Crescent. Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a 3 storey, 8 unit apartment building. The project consists of an underground parking garage, a ground floor with 4 units, a second and third floor consisting of 4 — 2 storey loft units and a rooftop patio. Schedule 2 shows details of the proposed development. Page 95 of 465 PBD -2017-36 September 26, 2017 The property is zoned Residential Single Family and Two Family (R2-2), in accordance with Zoning By-law No. 79-200, which permits single detached, semi-detached and duplex dwellings and tourist homes (bed & breakfasts). The applicant is requesting the property be rezoned to the Residential Apartment 5A Density (R5A) zone with site specific lot area, lot frontage, front yard depth, side yard width, lot coverage and maximum floor area provisions, and provisions to permit architectural features such as safety railings to extend above the maximum building height. Site Conditions and Surrounding Land Uses The land slopes upward away from River Road and is occupied by a single detached dwelling. The yard along River Road is landscaped with several mature trees on or adjacent to the property. A parking area exists in the yard accessed from River Lane. The surrounding lands are a mix of single detached dwellings and bed and breakfast establishments. There are also a number of small apartment buildings located in this neighbourhood. Typically these buildings are 2 to 3 storeys in height, and have between 4 and 7 units. Circulation Comments Information about the requested Zoning By-law amendments was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara — No objections from a Provincial or Regional perspective. A warning clause should be put in any future site plan agreement to address archaeological potential. Niagara Parks Commission (NPC) — The NPC have concerns with the proposed setback from River Road; this setback is recommended to be increased to 19 metres to mitigate the impacts of the change in use and increased building height on the streetscape. — An access permit from the NPC for the proposed driveway off of River Road will be required. At the site plan stage a traffic statement will be required to analyse the location and design of the driveway and ensure sight lines for vehicles are appropriate. Transportation Services — No objections to the rezoning. Transportation Services recommends an alternate design to the two parallel spaces off of River Lane, such as a hammerhead design. This can be determined at the site plan stage. Page 96 of 465 3 PBD -2017-36 September 26, 2017 Municipal, Works, Building Services, Fire Services, Parks Design — No objections. A review of applicable development charges and fire safety and submission of a servicing report will occur at the site plan and Building Permit stages. Cash -in -lieu of parkland dedication will be payable. Legal Services, Transit — No objections. Surrounding Businesses/Property Owners One letter has been received from a nearby resident and is on tonight's agenda for consideration. The letter provides comments on density and architecture, and expresses concerns about the access from River Road (note this access is subject to a permit from the NPC and a traffic review). Neighbourhood Open House A neighbourhood open house was held on August 16, 2017 and was attended by 6 nearby residents and land owners. Some of the attendees expressed a concern about the design of the building and its fit with the neighbourhood character. A neighbour next to the property also expressed concerns about the excavation for the new building and if construction may damage surrounding dwellings, and the potential for late night noise from the rooftop patio. The applicant and his planner noted that a single detached dwelling of a similar size and architecture could be built on the property under current zoning and did not agree the building was out of character with the neighbourhood. The applicant's architect stated that the current house had a basement which would reduce the amount of new excavation needed for construction and therefore reduce the potential of damage to surrounding dwellings. The architect added that a pre -construction survey of abutting dwellings could be undertaken to document any damage caused by the construction. In addition the applicant noted the apartment building is expected to be divided into units by a condominium; condominium rules would control late night noise and activity. ANALYSIS Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification by directing 40% of all residential development to built-up areas. The proposed development will assist in meeting these targets and is a form of residential intensification promoted by the Province. Page 97 of 465 4 PBD -2017-36 September 26, 2017 1. Official Plan The subject land is designated Residential in the City's Official Plan and is part of the River Road Satellite Tourist District. River Road is a scenic road that functions as an arterial road for tourist traffic. Due to the land's location on a major road, higher density developments, including low rise apartment buildings up to 4 storeys in height and 75 units per hectare, can be considered for the site subject to a set of criteria. The proposal meets the requirements of the Official Plan as follows; - The development would have a height of 3 storeys and have a density of 57 units per hectare, in compliance with the density and height anticipated along major roads. - The surrounding neighbourhood already contains a mix of single detached dwellings, bed and breakfasts and low rise apartment buildings. The proposed apartment building fits into and enhances this mix, providing additional housing choices in this neighbourhood. - Existing infrastructure can support the development. - Subject to the recommended changes discussed in the zoning section, the proposal fits in with the character of the neighbourhood. 2. Zoning By-law The land is currently zoned Residential Single Family and Two Family (R2-2), in accordance with Zoning By-law No. 79-200. The requested R5A zone will permit an apartment building. The departures requested from the standard R5A regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum lot area 200 sq. m. per unit 175 sq. m. per unit Minimum lot frontage 30 m 24 m Minimum front yard depth 7.5 m 12.5 m Minimum side yard width One half building height (5 m) 3 m on one side and 3.1 m on the other side Maximum lot coverage 30 % of the lot area 38% of the lot area Maximum floor area none 1541 sq. m. Certain structures, including Safety railings, pool and Height exception elevator penthouses and barbeque enclosures, stairwells, are exempt from awnings and fixed umbrellas maximum building height exempted Page 98 of 465 Page 98 of 465 5 PBD -2017-36 September 26, 2017 The following requested amendments can be supported for the following reasons: • The reduction in lot area per unit accommodates the addition of an eighth unit to the development; • The reduction in lot frontage reflects the current frontage of the property. • Given a single detached dwelling with the same massing and side yard width as the proposed building could be built on the property, the reduction in side yard width is acceptable; • The increase in the lot coverage is acceptable, given a single detached dwelling with a coverage of 40% of the lot area could currently be built. To compensate for the increase in lot coverage additional landscaping (over 40% versus 30% required under an R5A zone) is to be provided. Planning staff recommend this additional landscaping be secured in the amending by-law; The addition of a maximum floor area provision will assist in controlling the size of the project; and The front yard depth proposed reflects the setback of the existing bungalow on the property. Current zoning regulations would permit a single detached dwelling to be built with the same siting as the proposed building. However, the Niagara Parks Commission (NPC) has expressed concerns that replacing this bungalow with a larger 3 storey building will adversely impact the streetscape of River Road, and recommends this setback be increased to 19 metres, which will move the building back approximately in line with the front of the dwelling to the south. Planning staff are of the opinion that the current streetscape is established with the existing bungalow and the height proposed is currently permitted, though moving the building back as recommended by the NPC may improve the streetscape. The NPC comments are provided for Council consideration. At a minimum, the requested increase in the front yard depth to 12.5 metres should be implemented to prevent the proposed building from being located any closer to River Road than what is proposed. The applicant has also requested relief from the general height provisions to permit additional structures, including a safety rail, and pool and barbeque enclosures, awnings and umbrellas, to accommodate the rooftop patio. This will extend the roofline of the proposed building above the height of the adjacent dwellings. Further, it is possible that activities on the roof may disturb abutting residents if the building is taller. Planning staff recommend that if the rooftop patio is desired the additional structures be contained within the existing 10 metre height permission. This could be done by reducing the building to a 2 storey building, or a partial 3 storey building with patio on the balance of the roof. Page 99 of 465 PBD -2017-36 September 26, 2017 3. Pre -Construction Survey One of the neighbouring property owners cited a concern about the excavation for the construction of the building and the potential for foundation damage to surrounding dwellings. One method to address this concern is to require a pre - construction survey of abutting properties prior to issuance of a Building Permit. This survey would document the condition of surrounding buildings prior to construction and would determine if new damage is caused by the construction. Should this be acceptable, a clause would be put in the site plan agreement requiring this survey. FINANCIAL IMPLICATIONS The apartment dwelling will provide development charges, cash -in -lieu of parkland dedication and new tax assessment for the City. CITY'S STRATEGIC COMMITMENT This proposal does not impact any of the City's strategic commitments. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2017\PBD-2017-36, AM -2017-004, Kamal Mattar, 5297 River Road, Zoning By-law Amendment.docx Page 100 of 465 SCHEDULE1 Subject LwW MOM PBD -2017-36 September 26, 2017 Location. 5297 River Road Applicant, Dr. (Kamal Mattar AM -2017-004 Page 101 of 465 N. PBD -2017-36 September 26, 2017 SCHEDULE2 Tw ........................... . —I- -N - -V-. R --- Page 102 of 465 A4 Andrew Bryce From: Gwen Donofrio Sent: Tuesday, September OS, 30D8:4ONW To: Andrew Bryce Subject-, FW: AM -2017-004 Attachments: cn4887Kiverkdjpg;P1010008jpg;5031KiverKdjpg From: Kenneth Westhmes [mallto:� Sent: Fhdoy, 01, 2O174:17 PM To: GwemDomnftlo Cm: Subject. AM-ZUI/-UU4 McAndrew Bryce Planning Department, City of Niagara Falls ECEIVED SEP 0 5 2017 PLANNING Thank you for giving me information this afternoon on the 8 -unit apartment building proposedfor 5297River Road. I've studied that info and also driven and walked by the property, to get a sense of how much visibility mnRiver Road amotorist coming out nfthe proposed driveway would have. One criterion for reacting tothis proposal is density. Residential intensification isagood thing, Going from one single-family home to eight apartments may be too much of a good thing. I don't think anybody could complain about m4-un|tbuilding oothis lot A second criterion is the visual effect on the neighbourhood and on this stretch of the Niagara Parkway, which has an overall Victorian look about it (attached is a photo of a house of traditional architecture currently under construction next to the Bed of Roses B&B, at 4877 River Rd.). Nonetheless, some houses recently built nearby on River Road are of very pleasing modern architecture (see the photos attached of the duplex at the corner of Seneca and River Rd., and the single-family home at 5031 River Rd.). The design in the present proposal Is just a plain, unimaginative box, but even a plain box would probably look better than the single -storey bungalow currently onthe lot. Athird criterion baccess. Especially during the summer, traffic is heavy on this winding stretch of River Road and it flows faster than the speed limit. Visibility would be limited for cars exiting the proposed driveway, I wonder if the planning literature doesn't have guidelines in that regard, calculating required distance for visibility in relation to traff ic speed. The city could reasonably decide not to approve any additional driveways onto River Rood between Hiram and Morrison, provided the lot is accessible via River Lane or a side street, This property currently has vehicle access via River Lane. These are just one nearby resident's reflections on the proposal. I don't have strong feelings about it. if|were a planner, the driveway problem would be my ma!in concern -- and for that reason I'll copy this to Ellen Savola atNiagara Parks. Page 103 of 465 Best wishes, Ken Westhues Niagara Falls, Ontario L2E 3H1 Page 104 of 465 -.Tqw5R °, �� ^ V4 '",.rp, � ,r�,4 r 44, ., i% %✓ ��j VI` i //l t�J ��O 1 ;e 7 w •.�. kl � * „ ��u•"�j �y Mxµ »',1 r xra�1 k, r 1' IS / ' i�uli�fuiu�iwv�in!>vo�mr6xrrlr�c�� r �j� �' � la�►s�i��naa �svrnea��e► ►aa� f �t 15� 11111' ///f � IJ� � � w t t IgY � K l 1 li 1� yr o ae f / 7J 'I „. .....✓ �.N " r� ��/ w fo C Page 107 of 465 Niagaratalls REPORT TO SUBMITTED BY: SUBJECT: BDD-2017-07 September 26, 2017 Mayor James M. Diodati and Members of Municipal Council Business Development BDD-2017-07 Rural Economic Development Funding (OMAFRA) re Economic Diversification Strategy RECOMMENDATION Council authorize the Mayor and Clerk to sign the Rural Economic Development Agreement. EXECUTIVE SUMMARY Staff made a submission for funding to the Ontario Ministry of Agriculture, Food and Rural Affairs — Rural Economic Development (RED) funding program for a Niagara Falls Economic Diversification Strategy and were successful in receiving $30,000 which will be used to cover 50% of the cost of the study. The remaining 50% will come from the BDD budget. BACKGROUND The Ministry of Agriculture, Food and Rural Affairs invited Municipalities to submit funding applications for Rural Economic Development activities taking place in 2017. Staff submitted an application to the Rural Economic Development Program to cover expenses to hire a Consultant to assist the Business Development Department's economic competitiveness by providing key research and analysis to show where sector strengths can be used to expand current industries in Niagara Falls or grow new industries with the main project objectives to attract, retain and expand business. A consultant will be retained to provide recommendations and deliverables to carry -out in the short-term and long-term. ANALYSIS/RATIONALE Due to technology and innovation the global marketplace is changing and the study will help us identify expansion and growth opportunities that exist in key and emerging industries. These additional funds will assist in covering the expenses of hiring a consultant to allow Niagara Falls to further reveal increased economic competitiveness, Page 108 of 465 BDD-2017-07 September 26, 2017 industry strengths and areas of opportunity for growth to compete with other Urban Centres. CITY'S STRATEGIC COMMITMENT Strengthen and promote economic development within the City of Niagara Falls. Recommended by: Respectfully submitted: Serge Felicetti, Director of Business Development Ken Todd, Chief Administrative Officer Page 109 of 465 CAO -2017-05 NiaSeptember 26, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: Niagara Falls Illumination Board Membership RECOMMENDATION That the Council of the City of Niagara Falls endorse the addition of the New York Power Authority (NYPA) as a voting member to the Niagara Falls Illumination Board. BACKGROUND The Niagara Falls Illumination Board was first founded in 1925 by way of an agreement between the City of Niagara Falls, Ontario, The City of Niagara Falls, New York, the Niagara Parks Commission, Ontario Hydro and the New York State Office of Parks Recreation and Historic Preservation. Each of the founding members, with the exception of Ontario Hydro, are represented by three (3) members on the Illumination Board. Ontario Hydro is represented by one (1) member. The role of the Board is to oversee the maintenance and operation of the physical plant necessary to illuminate both the American and Canadian (Horseshoe) Falls. Annually, the members contribute monies to the Board for its operation. ANALYSIS/RATIONALE In 2016, the Illumination Board embarked on a $ 4 million lighting project which involved the complete re-lamping of the lighting of both falls which were replaced with new LED lights. As part of the funding formula for the project, NYPA agreed to contribute a significant portion of the $2 million United States partner contribution and was offered membership on the Board as part of this contribution. The Board agreed to recommend NYPA as a voting member (1 voting member) subject to the acceptance of the recommendation by the other founding members. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Acceptance of the recommendation to add NYPA to the Illumination Board will provide an additional funding partner to the Board. This will assist in distributing the cost of operating the lights amongst six (6) partners as opposed to five (5) members. Page 110 of 465 2 CITY'S STRATEGIC COMMITMENT CAO -2017-05 September 26, 2017 We are committed to ensure that investments in infrastructure maximize lengths, reduce risks, and provide satisfactory levels of service to the public. Respectfully submitted: Ken Todd, Chief Administrative Officer Page 111 of 465 F-2017-32 NiagaratFialls September 26, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2017-32 Monthlx Tax Receivables Re art — Au ust RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of August 31, 2017 were $13.9 million compared to $14.6 million in 2016. During August, tax receivables as a percentage of taxes billed decreased from 34.5% in 2016 to 33.9% in 2017. The City's finance staff has had continued success in resolving properties that are subject to registration for 2017. At this stage 94.0% of properties have developed payment arrangements or have paid in full. There are currently seventeen properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2017 improved during the month of August. Table 1 shows that taxes outstanding at August 31, 2017 are $13.9 million. This represents a decrease from $14.6 million in arrears for the same period in 2016. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased from a year ago, whereas the residential property class has increased slightly. 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, 2017, 317 properties were subject to registration. Table 3 summarizes the progress of Page 112 of 465 F-2017-32 September 26, 2017 these actions after eight months of activity. This table shows 94.0% of the tax accounts or 298 properties have been paid in full or the owners have made suitable payment arrangements. During August, eight accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 92.8% (July) to 94.0% (August). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of August, one registered property was redeemed. The outstanding taxes for registered properties represents 1.1% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at August 31, 2017 is 33.9% which is a decrease from 2016's value of 34.5%. 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 August 31, 2017 Table 2 Taxes Receivable by Property Class at August, 2017 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Todd Harrison, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Page 113 of 465 TABLE 1 Outstanding Taxes @July 31, 2017 $ 14,844,430 $ 16,496,941 Taxes Billed and Due August 31, 2017 $ 22,473,517 $ 23,203,991 Penalty charged in August $ 178,820 $ 181,540 Taxes Collected during August $ 23,593,116 $ 25,304,095 Outstanding Taxes @August 31, 2017 $ 13,903,651 $ 14,578,377 Taxes Billed and Due September 29, 2017 $ 26,227,038 $ 24,974,337 Taxes Billed and Due October 31, 2017 $ 22,473,516 $ 23,203,990 Total Taxes to be Collected $ 62,604,205 $ 62,756,704 TABLE 2 2017 % of Class 2016 % of Class Taxes Owing Taxes Owing Residential $ 32,206,589 51.44% $ 32,034,975 51.05% Multi-Residential $ 2,417,509 3.86% $ 1,979,518 3.15% Commercial $ 25,863,799 41.31% $ 26,686,381 42.52% Industrial $ 1,993,428 3.18% $ 1,928,580 3.07% Farmlands $ 122,880 0.20% $ 127,250 0.20% Total Receivables $ 62,604,205 100.00% $ 62,756,704 100.00% Page 114 of 465 TABLE 3 Initial Amount 317 317 Paid in Full 129 137 43.2% Payment Arrangements 165 161 50.8% Ongoing Collection Action 22 18 5.7% Registered 1 1 1 1 0.3% 317 317 100.0% TABLE 4 November 2017 May 2018 Totals 3 14 17 $ $ $ 187,420 491,880 679,300 Page 115 of 465 Niagara,aIl�s REPORT TO: SUBMITTED BY SUBJECT: Mayor James M. Diodati and Members of Municipal Council Fire Department FS -2017-04 Amendments to the City of Niagara Falls Fireworks By-law RECOMMENDATION FS -2017-04 September 26, 2017 It is recommended that Council approve the by-law on tonight's agenda respecting the City's Fireworks By -Law. EXECUTIVE SUMMARY The City's Fireworks By-law regulates the sale and setting off of fireworks within the Municipality and stipulates when, where, and which types of fireworks can be set off. Federal and Provincial legislation also play a part in the regulation of fireworks. BACKGROUND With regard to the improper setting off of fireworks, the Fire Department receives an average of two (2) or three (3) complaints per year. Such complaints are often based on the fallout of the debris. It is also suspected that a few structure/grass fires have been caused by the improper use of fireworks. Larger displays, such as those set off in the Niagara Parks, are referred to as "Display Fireworks" in the by-law and are highly regulated. These events require a permit authorized by the Fire Chief, proof of insurance, a licensed Display Supervisor to set off and supervise the site at all times, etc. Such displays can take place on City property with the written permission of the City in the form of a permit issued by Fire Department. The manufacturing, transportation, storage, and sale of fireworks is also regulated federally by the Explosives Act (Canada) (hereinafter the "Act") and the Regulations thereunder (hereinafter the "Regulations"). The Act and Regulations are enforced through the Ministry of Natural Resources; however, they do not have local representatives and rely on the police services where necessary. The Ontario Fire Code (hereinafter the "Fire Code") includes provisions which address Explosives, Fireworks, Pyrotechnics and require the manufacture, storage and transportation to be in conformance with the Act and the Regulations. All members of the Fire Prevention Division have the authority to enforce the provisions of the Fire Code. Page 116 of 465 FS -2017-04 September 26, 2017 ANALYSIS/RATIONALE For the purpose of this report, staff reviewed the Fireworks By-laws (as posted online) of Fort Erie, Grimsby, Lincoln, Niagara Falls, Niagara -on -the -Lake, Pelham, Port Colborne, Thorold, Wainfleet, Welland, and West Lincoln. In terms of when "family" or "consumer' fireworks (for personal use and not public display) may be set off as of right, the chart below provides a summary: Niagara Municipalities- Setting Off of Fireworks Fort Erie - Victoria Day - Canada Day - 10 days before and 3 days after Victoria Day and Canada Day - Independence Day - 3 days before and 3 days after Independence Day Grimsby - Victoria Day - 2 days before and 2 days after Victoria Day - Canada Day - 4 days before and 4 days after Canada Day - As prescribed by Council Lincoln between dusk and midnight on: - Victoria Day - Canada Day - 2 days before and 7 days after Victoria Day and Canada Day - As prescribed by Council St. Catharines - Victoria Day - Canada Day - 1 day before # days after Victoria Day and Canada Day - As prescribed by Council Niagara -on -the -Lake - Victoria Day - 7 days before and 2 days after Victoria Day - Canada Day - 7 days before Canada Day Pelham - Victoria Day - Canada Day - 10 days before Victoria Day and Canada Day - July 4t" - 10 days before July 4t" - As authorized by Council Port Colborne - Victoria Day - Canada Day - 3 days before Victoria Day and Canada Day - July 4th - 3 days before July 4th Thorold - Victoria Day - Canada Day - 10 days before Victoria Day and Canada Day Page 117 of 465 3 FS -2017-04 September 26, 2017 Wainfleet - Victoria Day - Canada Day - 3 days before Victoria Day and Canada Day - July 4t" - 3 days before July 4t" Welland - Victoria Day - Canada Day - 3 days before Victoria Day and Canada Day West Lincoln - Victoria Day - Canada Day - 2 days before and 2 days after Victoria Day and Canada Day - As prescribed by Council CURRENT BY-LAW PROPOSED BY-LAW Niagara Falls - Victoria Day - Victoria Day - Dominion Day - Canada Day - 3 days prior to each of above - 1 days before and 3 after - 4t" of July Highlights: 1. Consolidates both sales and use by-laws. 2. Updates the current regulations and names of holidays. 3. Puts regulations into effect for the sale of consumer fireworks to ensure proper safety to the public. Increases the selling of fireworks by an extra week. 4. Provides a consistent approach/process for those wishing to acquire a special events permit using display fireworks. 5. Insurance portion now matches to current City policies and Risk Management. 6. Outlines the person setting off consumer fireworks and their responsibilities to ensure both the safety of themselves and their neighbours with regard to debris fall -out, etc. 7. A handout has been created on safety instruction for those using consumer fireworks. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There will be no direct financial implications from this agreement, as written. CITY'S STRATEGIC COMMITMENT This recommendation is providing for the continued safety of the community through consistent, quality service while limiting the City's exposure to risk. Recommended by: Jim Boutilier, Fire Chief Respectfully submitted: Ken Todd, Chief Administrative Officer J. Boutilier:tc Page 118 of 465 Niagara,Falls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Fire Department FS -2017-05 Fire Department Radio System RECOMMENDATION FS -2017-05 September 26, 2017 That the Mayor and City Clerk be authorized to execute the necessary contract with Motorola Solutions Canada Incorporated. EXECUTIVE SUMMARY In May 2016 Council approved report FS -2016-04 Emergency Radio System for Fire regarding the integration into the Niagara Regional Police Services (NRPS) radio system. Funding of 1.2 million was approved through the Capital budget process for this project. The cost of the agreement has been negotiated with Motorola Solutions Canada Inc. to provide a radio system and components integrated with the NRPS that is within the capital budget. BACKGROUND The Niagara Falls Fire Department operates using a two-way radio system to communicate during emergency and non -emergency operations. It is the backbone of information transfer on emergency scenes and the fire department cannot operate without this critical tool. As of mid -2018, Motorola will no longer provide support for certain components of the infrastructure and user equipment. Without this support, fire operations will be placed in a precarious situation with the existing system where any breakdown of specified components will either rely on scavenging used parts where possible for repair or an instantaneous replacement of the system. The Niagara Regional Police Services, in 2014, undertook a public tendering process in search of a provider for a new radio system. Motorola was the successful competitor to supply that system. The City of Niagara Falls Fire Department was able join their process thereby allowing us to begin discussions with Motorola as our provider. Page 119 of 465 2 ANALYSIS/RATIONALE FS -2017-04 September 26, 2097 The Niagara Falls Fire Department requires public safety grade radio communications that are reliable and provide the highest level of safety. The Niagara Regional Police have implemented a new, Project 25 compliant, digital, trunked radio system that provides coverage throughout the Niagara Region. Integration of this system with the NRPS not only guarantees a radio system lifecycle, including maintenance and support, of 15 years but also brings the Niagara Falls Fire Department radio system to the level required and expected today in Public Safety communications. FINANCIALISTAFFING/LEGAL IMPLICATIONS The cost is within 2017 approved capital budget funding of 1.2 million dollars. CITY'S STRATEGIC COMMITMENT This project will ensure continuity of safety in fire emergency communications and provide for improved efficiencies between emergency agencies. Recommended by: im Boutilier, Fire Chi Respectfully submitted: Ken Todd, Chief Administrative Officer P, Ross:ls Page 120 of 465 Page 121 of 465 Capital Budget Worksheet 2017 Department Fire Priority (1-3) Praject Name Radio System Upgrade included in 10 year Capital Plan (yIn) Project 1.0. # NEW Project Description New radio system Projected Start Date; Q3 YEARYEAR YEAR YEAR YEAR 2017 2018 2019 2020 2021 Opening Balance -Jan 01 (surplus)1defiicit - EXPENDITURES Englneedng , FeeslDesignlSlutlies Land/eiuldn glFumlurel Equipment 1,200,000 Consimcllon Roads Storm Sewers Water Sanitary Sewers " Siteworkiandscaping Contingency Other Interest Expense TOTAL EXPENDITURES 1,200,000 FUNDING SOURCES Special Purpose Reserves 325,000 Capital Holding Reserve Reserve Fund Transfer fromOperaling 075,000 Development Charges Debentures Gas Tax ProvinciallFederal Grants External Contributions Interest Earned Ether TOTAL FUNDING SOURCES 1,200000 - Closing 9alance-Dee 31 (surpius)(dencll i Page 121 of 465 Niagaraialls REPORT TO: SUBMITTED BY SUBJECT: MW -2017-42 September 26, 2017 Mayor James M. Diodati and Members of Municipal Council Municipal Works MW -2017-42 Lundy's Lane Bus Turnaround Improvements Contract No. 2017-452-17 — Tender Award RECOMMENDATION 1. The contract be awarded to the lowest bidder Rankin Construction Inc. at the tendered price of $221,829.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Lundy's Lane Bus Turnaround Improvements contract consists of full depth excavation and reconstruction of the existing sub -terminal located at the westernmost end of the City's Red Line route which services Lundy's Lane and the tourist sector. The project is funded, in part, through Canada's Public Transit Infrastructure Fund (PTIF) (50%) and the City's 2017 Approved Capital Budget program (50%). Construction would be proposed to start early October, 2017 and take an estimated twenty (20) working days to complete. The purpose of this report is to seek Council's authorization to award the contract and complete their prescribed work. BACKGROUND On August 23, 2016, the Federal government announced $1.48 billion as Ontario's share of the Public Transit Infrastructure Fund (PTIF). Recipients received funding based on a formula of overall ridership. The City of Niagara Falls' allocation of the PTIF equals $3,433,915 and requires a matching contribution from the City of Niagara Falls, which City Council approved in the 2017 Capital Budget. The improvements of the Lundy's Lane Turnaround was one of 18 Capital Works Projects eligible for approval based on the criteria identified in the PTIF program. Page 122 of 465 VA MW -2017-42 September 26, 2017 The Lundy's Lane Turnaround is a sub -terminal located at the west end of our Red Line route which services Lundy's Lane and the tourist sector. The turnaround services Campark Campground, as well as the Fernwood Estates subdivision to the north of it and is an essential turnaround to enable the buses to head east back into the City. Presently, the turnaround is without an AODA compliant platform, lacks proper lighting and a bus shelter, and is in dire need of refurbishment to the existing pavement structure. Hallex Engineering Ltd was retained to complete an engineering design and tendering for the improvements to the Lundy's Lane Bus Turnaround. This project was advanced by a collaborated effort from Transit, Transportation and Municipal Works Department Staff. ANALYSIS/RATIONALE The project tender documents were picked -up by five (5) construction firms. Five (5) bids were submitted. The Tender Opening Committee, in the presence of the Acting City Clerk, Bill Matson, Manager of Supply and Services, Dave Butyniec and Project Manager, Nick Golia, opened tenders on Tuesday, September 12th, 2017. The following is a summary of the totalled tender prices (excluding HST) from the contractor submissions. Contractor Citv Tender Price Corrected Bid Rankin Construction Inc. St. Catharines $221,829.00 N/A Norjohn Contracting Niagara Falls $252,204.00 N/A Brennan Paving Port Colborne $263,274.00 N/A Alfidome Construction Niagara Falls $269,100.00 N/A Sacco Construction Niagara Falls $350,156.00 N/A Rankin Construction Inc. has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. Construction would be proposed to start early October, 2017 and take an estimated twenty (20) working days to complete. Page 123 of 465 3 MW -2017-42 September 26, 2017 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Lundy's Lane Bus Turnaround Improvements was approved in the 2017 Capital Budget as part of the Busway & Shelter Rehabilitation and Platform. The Project was estimated at approximately $280,000.00 including engineering design. The project is funded, in part, through Canada's Public Transit Infrastructure Fund (PTIF) (50%) and the City's 2017 Approved Capital Budget program (50%). CITY'S STRATEGIC COMMITMENT Improvements to the Lundy's Lane Turnaround is supported by the City's 2015 - 2018 Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. LIST OF ATTACHMENTS 1. Location Map Recommended by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer Page 124 of 465 Location Map 1 / a Appendix � 2 0 1 1 1 a PEDESTAL SOLUTIONS INC METERED SLM421-415 PEDESTAL COMPLETE WITH PANEL AND METER. 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WIND LOAD Vic) 10M STIRRUPS @ 305mm SOIL UNIT WEIGHT 0.53 kPa (11psf) a 18 kNlm (1.12 IblfC3) / / WARNING \ CLEAN BACKFILL TAPE / WARNING CLEAN BACKFILL / \ WARNING CLEAN BACKFILL TAPE 9 (12")o.c. GRADE 400 ASSUMED TO BE VERIFIED BY 600 j 600 , TAPE 600 , 000000 000000 38 COVER GEOTECHNICAL ENGINEER 5590 SOIL BEARING PRESSURE TO BE MIN. 3000 sf ( p) lea 53mm DB2 CONDUIT lea 53mm DB2 CONDUIT 190 lea 53mm DB2 CONDUIT FEW[ CONCRETE TO BE MIN 20MPa COMPRESSIVE STRENGTH AND FOR PEDESTAL POWER FOR SITE LIGHTING FOR PEDESTAL POWER z CONFORM TO CSAA23.1 lea 53mm DB2 CONDUIT o o ww wKUU2 z a a ALL CONCRETE TO BE PLACED "NEAT" OR IN CAISSON FOR PEDESTAL POWER :m:m LIGHT POLE DETAIL TRENCH DETAIL'A-A' TRENCH DETAIL'B-B' TRENCH DETAIL'C-C' ELECTRICAL SITE PLAN SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: 1200 0000000 0000000 NOTES/LEGEND: 1. DRAFTING BG OFESS/ QR O � ^^ � , Q/�� y /7[[ gr �� 2017_445_17 LUNDY'S LANE BUS TURNAROUND CONSULTANT FILE No. 170704 DATE 2017/0824 rt 01 DESIGN �� U� PROPOSED IMPROVEMENTS SCALE as SHOWN SHEET No, 5 0 F 6 00 T. A. KESZTHELYI m 4999V1=to"IaA e, gsso se" I=exa.um[zos, Niagar LlJ N DY'S LANE 900m WEST O F GARNER ROAD CHECKED BY 1 ISSUED FOR TENDER 2017/08/29 JD Q 'xo J D o� 08/29/2097 \o OL/NC C A, uF 4. 's A Niaga-Falls, ON --9 St., C—k, ON LSE SZ2 Te1:9US35]-� s Fax: 9053551105 Te1:90S561-� 6 Fax:90S3S- os NIAGARA FALLS 0 ISSUED FOR TENDER 2017/08/24 JD DWG No. REV. �zoz¢wa A ISSUED FOR REVIEW 2017/08/10 BG APPROVED BY f OF �N�P� ELECTRICAL SITE PLAN CC -8611 1 N0. REVISION DATE INIT. zU�oc�mo JD CITY OF NIAGARA FALLS HALLEX ENGINEERING LTD Niagara,aIl�s REPORT TO SUBMITTED BY SUBJECT: MW -2017-43 September 26, 2017 Mayor James M. Diodati and Members of Municipal Council Municipal Works MW -2017-43 Consultant Appointment Valley Way Drainage Environmental Assessment Study RECOMMENDATION 1. That the consulting firm GM Blue Plan be engaged to complete the Valley Way Drainage Environmental Assessment in accordance with their proposal dated August 16, 2017; and 2. The Mayor and Clerk be authorized to execute the required Consulting Services Agreement. EXECUTIVE SUMMARY Staff received five (5) proposals in response to a Request for Proposal call to complete the Valley Way Drainage EA Study, as set out in the posted Terms of Reference for this study. This EA process allows for public and stakeholder involvement through meetings and to review the Final Report. The goal of the EA Study is to provide the City with an action plan for sewer separation and drainage improvement in the study area: Based on a review of the submitted proposals, the recommended submission provided the best value to the City. It will achieve the stated objectives noted in the posted study Terms of Reference. The purpose of the report is to seek Council's authorization to engage the services of the consulting firm to complete the assignment. BACKGROUND Through a previous study, the City Wide Master Drainage Plan Update Study (MDPUS), the City had identified a number of flooding problem areas, where there are reported flooding incidents associated with the sewer systems. Problem Areas 15 is associated the Valley Way drainage areas, which is also known as a flood prone area historically. The purpose of this EA Study is to assess the combined sewer collection systems in the study areas, in addition to existing sewer outlet capacities, investigate the infrastructure Page 127 of 465 2 MW -2017-43 September 26, 2017 status and capacities, and provide recommendations guiding the sewer separation, reducing and eliminating the combined and sanitary sewer overflows (CSOs and SSOs) into the environment. The City received five (5) proposals in response to the RFP. A committee comprised of Municipal Works staff reviewed and evaluated the proposal submissions based on criteria included in the RFP document. Based on the weighted evaluation scores for technical expertise, experience and consulting fees, the submission from GM Blue Plan Engineering Limited represented the best value to the City. Consultants Rank Based on Points GM Blue Plan Engineering Ltd 844.16 EXP Services Inc. Cole Engineering 795.83 745.94 AECOM Canada Ltd. 730.19 Associated Engineering (Ont.) Inc. 715.11 The recommended proposal demonstrates a proper and thorough understanding of the City's wastewater and stormwater networks, its unique challenges and the expected deliverables and outcomes from this study update. The proposed project team has possessed the capabilities and resources to deliver on the project within the proposed budget. It was indicated in the proposal that the consultant is committed to adhere to the timetable for completion. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Corwin Drainage EA Study was approved in the 2017 Capital Budget for $200,000.00. The Niagara Region has approved $80,000 in funding from their CSO Control Policy funding program. There is sufficient funding available for the proposed consulting fees of $192,443.00 plus HST as submitted by GM Blue Plan Engineering Limited. CITY'S STRATEGIC COMMITMENT This study meets with the Council's Strategic priorities for: • Infrastructure Sustainability (system capacity to accommodate growth, addressing basement flooding issues); and Page 128 of 465 3 MW -2017-43 September 26, 2017 Financial Stability (Asset Management plan priorities based on need, long term infrastructure sustainability investment, risk management frameworks) LIST OF ATTACHMENTS 1. Location Plan 2. Budget Sheet Recommended by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer Page 129 of 465 MW -2017-43 Attachment 1: Location Map - Valley Way Drainage EA Study Area v m CA) 0 0 h rn v, Capital Budget Worksheet 2017 Department Municipal Works Priority(1-3) Project Name Valley Way Drainage Environmental Assessment Included in 10 year ry Capital Plan (y/n) Project I.D. # S-20-25 (SS59) Project Description Environmental assessment reviewing alternative solutions for collection of stormwater in the Valley Way Neighbourhood to allow for separation of combined sewers. Projected Start Date: Mar -17 YEAR YEAR YEAR YEAR YEAR 2017 2018 2019 2020 2021 Opening Balance -Jan 01 (surplus)/deficit - - - - - EXPENDITURES Engineering Fees/Design/Studies Lan d/Bu it d in g/F u rn itu re/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers S itework/La n d sca p in g Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus)/deficit 200,000 [==200,000 120,000 80,000 200 000 Page 131 of 465 MW -2017-44 NiaSeptember 26, 2017 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW -2017-44 Tender Award Contract #2017-440-17 Multiple Rural Culvert Replacements RECOMMENDATION 1. The contract be awarded to the lowest bidder CRL Campbell Construction and Drainage Ltd., at the tendered price of $362,571.95 excluding HST. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The following five (5) rural culverts were assigned a poor condition rating during the 2016 biennial bridge and culvert inspections and recommended for immediate replacement: • McCredie Road Culvert (Structure No. M092C) • Crowland Avenue Culvert (Structure No. M070C) • Lapp Road Culvert (Structure No. M142C) • Misener Road Culvert (Structure No. M078C) • Reixinger Road Culvert (Structure No. M089C) The existing corrugated steel pipe culverts are significantly corroded and have experienced section loss and deformation. The structures are subject to damage by vehicular loads and will eventually fail if not replaced. The purpose of this report is to seek Council's authorization to award the construction contract to CRL Campbell Construction and Drainage Ltd., at the tendered price of $362,571.95, and complete the necessary culvert replacements this year. The tendered costs are within the $650,000.00 budget approved for engineering design, construction and inspection services. BACKGROUND Biennial inspections are essential in municipal structure management and are conducted with the aim of assessing municipal bridge and culvert condition. As part of the City's 2016 inspections, the following five (5) rural culverts were deemed to be in `poor' condition and recommended for immediate replacement. Page 132 of 465 2 MW -2017-44 September 26, 2017 McCredie Road Culvert (Structure No. M092C): The McCredie Road Culvert is a 1.8 metre wide elliptical corrugated steel pipe located 300 metres east of Montrose Road. The poor condition rating was assigned to the culvert given the degree of severe corrosion, section loss and deformations along the inside of the culvert. Both the sides and bottom of the pipe are perforated and the culvert base is undermined and deformed. Crowland Avenue Culvert (Structure No. M070C): The Crowland Avenue Culvert is a 1.8 metre diameter corrugated steel pipe located 50 metres south of Schisler Avenue. There are extensive areas of severe corrosion with perforations and section loss throughout the length of the pipe. A longitudinal crack along the east side of the roadway over the structure is likely related settlement or loss of fill as a consequence of the culvert condition. Lapp Road Culvert (Structure No. M142C): The Lapp Road Culvert is a 1.25 metre diameter corrugated steel pipe located 100m south of Baker Road. There is corrosion and section loss throughout the length of the culvert. Vehicular impacts on both sides of the roadway have created holes through the culvert and the vehicular loads coupled with minimal cover have resulted in pipe deformation. Misener Road Culvert (Structure No. M078C): The Misener Road Culvert is a 1.2 metre diameter corrugated steel pipe located 350 metres south of Carl Road. The headwalls at each end of the culvert were constructed with broken slabs of concrete sidewalk and are in poor condition. There is medium to severe corrosion throughout the bottom of the culvert and extensive perforations throughout the length. The pipe is susceptible to damage by heavy vehicles due to the lack of fill. Reixinger Road Culvert (Structure No. M089C): The Reixinger Road Culvert is comprised of three 0.75 metre diameter corrugated steel pipes, located 20m east of Montrose Road. Severe corrosion and extensive section loss is evident throughout the length of all three pipe. There are deformations under the roadway in the centre and east pipes. There are two sinkholes behind the north headwall, approximately 500mm deep. Ellis Engineering Inc. (EEI) was retained by the City in April 2017 to complete the engineering design of the replacement culverts. The project was released for tender on Thursday, August 24`h, 2017. The Tender Opening Committee in the presence of the Acting Clerk, Bill Matson and the Project Manager, Sherri -Marie Millar, opened tenders on Thursday, September 7`h 2017 at 2:00 p.m. for the above noted contract. Page 133 of 465 3 MW -2017-44 September 26, 2017 Tender documents were picked up by three (3) contractors; all three submitted bids. Listed below is a summary of the tender prices, excluding HST, received from the contractors. Contractor City Tender Price Corrected Price CRL Campbell Construction & Wainfleet $ 362,566.55 $ 362,571.95 Drainage Ltd. Anthony's Excavating Central Inc. Wellandport $ 424,255.00 N/A Rankin Construction Inc. St. Catharines $ 487,427.00 N/A ANALYSIS/RATIONALE The lowest tender was submitted by CRL Campbell Construction & Drainage Ltd. in the amount of $362,571.95. This contractor is experienced in drainage construction and has performed similar projects for the City and throughout the Region. We are of the opinion that this contractor is capable of successfully undertaking this project. Construction is estimated to take forty-three (43) working days with the goal of a November 30th, 2017 completion to allow for the restoration of the rural road surfaces in time for winter weather. FINANCIAL IMPLICATIONS A budget of $650,000.00 was approved in 2017 to fund the engineering design, construction and inspection fees. There is sufficient funding available for the proposed tender award. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priority to establish infrastructure sustainability within the City. LIST OF ATTACHMENTS 1. Location Plan 2. Multiple Culvert Replacement Photos Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Sherri -Marie Millar, P. Eng. Page 134 of 465 MW-2017-44 Attachment 1 — Multiple Rural Culvert Replacements Location Plan OR SY 'BROOK :LAD r� M089C BIGGAR R'© D ReiX 0 Culvert Misener Rd Culvert CARL {7.,. M078C 2 1 e MARSHALL RD LIJ a M M092C MAR HAA McCredie td H.. zo Culvert YQ NSG ROV p D "TCR Ave Cul 1,�,,s11R Ra M070C ROAD ,Etj ,Crowlan C, Wk 7:t GOROFR RD ca 9 3 YOKGM ROAD ' LEMCR RD o .,OMM£RV6LLE. RD LOABfL. Ri? ''.... EiUCHNER YiOAL7 . M Lapp Rd Cu ert RLGt. RGAL1M142C MORNS RGSYAR RD 'uAK.C'.R RB w z an rr z WILLOW R.L7 ..... c�E,i" 9F RBC ROAD 'HERB 'ROA Page 135 of 465 MW -2017-44 Attachment 2 — Multiple Rural Culvert Replacements Photos McCredie Road Culvert (Structure No. M092C): Crowland Avenue Culvert (Structure No. M070C): Lapp Road Culvert (Structure No. M142C): Page 136 of 465 MW -2017-44 Attachment 2 — Multiple Rural Culvert Replacements Photos Misener Road Culvert (Structure No. M078C): Reixinger Road Culvert (Structure No. M089C): Page 137 of 465 MW -2017-44 Attachment 2 — Multiple Rural Culvert Replacements Photos Page 138 of 465 PBD -2017-35 NiaSeptember 26, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2017-35 Telecommunication Facility Consultation 8068 Mountain Road Fontur International on Behalf of Signum Wireless RECOMMENDATION It is recommended that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 40 metre (131 ft.) steel monopole telecommunication structure with an equipment shelter at its base and perimeter security fencing on the lands known as 8068 Mountain Road and request that additional landscaping be provided to minimize the impact of the tower along Montrose Road. EXECUTIVE SUMMARY The proposal to erect a 40 metre (131 ft.) monopole telecommunication tower on the lands known as 8068 Mountain Road can be supported based on the following: the proposal is within the agricultural area on a vacant portion of a privately owned recreational property; a property not currently being farmed and is located an appropriate distance from neighbouring residences; and the monopole tower will support the co -location of services for more than 3 wireless carriers. BACKGROUND Fontur International Inc., the agent for Signum Wireless, has proposed a telecommunication tower in the rear yard of the Regency Athletic Resort along Montrose Road (see Appendix 1). The tower would be south of the existing baseball diamond and adjacent to the parking area. The Applicant has indicated that the area around the QEW and Mountain Road is currently underserved by telecom infrastructure and that the 40m tower would provide co -location for upwards of 3 wireless carriers. The Regency Athletic Resort is currently zoned Agricultural (A) in By-law No. 79-200. The property contains a hotel, private club, restaurant, baseball and beach volleyball facilities. The tower and related radio equipment shelter would be located northeast of Club Italia and 165m from the nearest dwelling. Photo simulations of the tower as it would appear from these two properties are attached as Appendix 2. Page 139 of 465 2 PBD -2017-35 September 26, 2017 It is noted that the location discussed in this report was revised from a previous location to the east that is within a wooded area. Upon consultation with the Niagara Peninsula Conservation Authority and the Ministry of the Environment the proponent has relocated the proposed tower to the edge of the parking area. CONSULTATION Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns/issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS/RATIONALE As per the City's Consultation process, an information package and notice of information meeting of the original proposal was sent to property owners located within three (3) times the height of the proposed installation (120 metres or 590 ft.) and advertised in the Niagara Falls Review. Upon the request of City Staff, a notice was also sent to Club Italia who are located outside of the 120m circulation area. A public meeting was held at the MacBain Community Centre. An information brochure on the revised location was again circulated to property owners (including Club Italia) along with a 30 day commenting period. The proponents did not receive any written or oral comments or questions from the public with respect to either circulation. The location proposed for the tower is consistent with the siting criteria of the City's protocol for telecommunication towers. The revised location of the tower is outside of any significant natural heritage area or healthy wooded area. The applicant has placed the tower at the maximum distance away from the Niagara Escarpment while still providing needed coverage to that area. However, as the tower and equipment compound is located very close to the Montrose Road allowance, it is requested that any existing landscaping around the site be further enhanced by additional landscaping to minimize the tower's impact along the streetscape. The information package for the original and revised locations was circulated by Planning staff to other City Departments and no objections to the proposal were received. Page 140 of 465 3 PBD -2017-35 September 26, 2017 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There is no financial, staff or legal implications with the City as a result of the request for support of the telecommunication tower. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Well Planned City Strategic Priority in that it provides telecommunication services in an area of the City which is currently underserviced. LIST OF ATTACHMENTS ➢ Appendix 1 — Location Map ➢ Appendix 2 — Photo Simulation ➢ Appendix 3 — Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. Page 141 of 465 Page 142 of 465 I� f i p I/ Page 142 of 465 Page 143 of 465 Page 144 of 465 Page 145 of 465 / i- fiG y�� f 77r�j � r r Page 145 of 465 E:1 PBD -2017-35 September 26, 2017 APPENDIX 3 yea ,,,�, d e+ ., ✓ .mss y o � 9 "H - �� -- Page 146 of 465 „I I w _ `� ;. I :�'1 •x°L� f •. tl ".t.oi2o f.en rn . i uv' n. �e sd n, A � uw ` fi3 ro I � I � i 1 1 __ III ---------------------- —gym n - rvs vxrw'avanc.e ,µ �•••"•••• m. . a ..... .. '.:,. yea ,,,�, d e+ ., ✓ .mss y o � 9 "H - �� -- Page 146 of 465 PBD -2017-37 NiaSeptember 26, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2017-37 DOW -2016-001, DOW -2013-16 & DOW -2013-17 Request for Extension of Commercial Building & Facade Grant Approvals for 4790 Victoria Avenue, 4351-4357 Queen Street and 4610 Erie Avenue Applicant: Keefer Developments Ltd. RECOMMENDATION That Council approve an extension of one year for the Commercial Building and Fagade Improvement Grant Agreements for: 4670 Victoria Avenue; and 2. 4351-4357 Queen Street and 4610 Erie Avenue subject to the provisions outlined in this report. EXECUTIVE SUMMARY The applications can be supported as the extensions will allow for the completion of the improvements that are currently underway. BACKGROUND Keefer Developments Ltd. has requested an extension to three of their Commercial Building and Fagade Improvement Grant approvals to allow for the completion of their rehabilitation. The three applications are on different properties that are at different stages of completion. 4790 Victoria Avenue (DOW -2016-001) • A $20,000 grant was approved to reclad, install new exterior windows and doors, mechanical work for HVAC, roofing, fire protection and an elevator (for accessibility). The building is to be redeveloped for the Niagara Falls Community Health Centre. • The agreement was signed in April 2016 and allowed 18 months for the completion of the project making the expiry date September 2017. • The improvements are currently underway • A 4 month extension was requested. Page 147 of 465 2 4351 Queen St. (DOW -2013-16) PBD -2017-37 September 26, 2017 • A $20,076 grant was approved and an agreement was signed in January 2014. • $10,000 for the completion of the roof was applied to property taxes in November 2014. • An extension was requested for the fagade completion and it was granted to January 2016. • A further extension was requested in May 2016 for the fagade improvements — the extension did not proceed as taxes were outstanding on this property. • Taxes are currently up to date. • A 6 month extension has now been requested. 4610 Erie Avenue (DOW -2013-17) • A $25,000 grant was approved and an agreement was signed in January 2014. • An extension was requested for the fagade completion and it was granted to January 2016. • A further extension was requested in May 2016 — the extension did not proceed since taxes were in arrears. • The applicant has noted that the commercial building improvement works (new roof) has been completed. • Taxes are currently up to date. • A 12 month extension has been requested. The Grant Incentive Programs under the Downtown Community Improvement Plan were intended to assist in the rehabilitation and renovation of the Downtown in a timely fashion and therefore included an expiration deadline from the date of approval. This assists the City in the allocation of funds. In early 2017 City Council approved changes and clarification wording to the Commercial Building and Fagade Improvement Program to limit extensions to a one time, one year limit and require all works be completed in a single application. Page 148 of 465 3 ANALYSIS/RATIONALE 4790 Victoria Avenue PBD -2017-37 September 26, 2017 Improvement works on this property have been underway for a while and there have already been substantial improvements to the fagade of the building. The applicant has requested an extension of 4 months. Staff has no objection to the extension of this grant approval. 4351-4357 Queen Street The applicant has completed and has been issued a grant for the commercial building improvement portion of the grant. This separation of payments is no longer supported under the recent changes to the incentive grant program. However, as the grant payment pre -dated the new guidelines, the applicant has undertaken some of the fagade improvements originally approved including the power washing of the painted brick fagade. In recognition of the improvements that have been initiated, Staff can support an extension. However, the assessment of the eligible works at completion of the project will be based on the City's revised list of eligible works. 4310 Erie Avenue The applicant has noted to Staff that a new roof has been installed. A grant for this new roof has not been issued. Some improvements to the Fagade have been undertaken and Staff can support an extension. Grant payment for the Commercial Building improvement and the Fagade Improvements will be issued with a one-time payment upon completion of all eligible works consistent with the recent revisions made by the City to the program. The requested extensions range from 4 months to 1 year. The extensions could be limited through the Council decision to the timeframes suggested by the applicant however it is noted that, through recent CIP revisions, extensions are now limited to a single extension of no more than 1 year. Allowing a 1 year extension to all of the properties discussed in this report will provide flexibility for the applicant to complete all works while enforcing the end date for project completion under the program requirements. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The extension of the approved grants will have no further financial implications on the unencumbered balance for the Downtown CIP Special Reserve. CITY'S STRATEGIC COMMITMENT The approval of the extension request will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. Page 149 of 465 Il PBD -2017-37 September 26, 2017 LIST OF ATTACHMENTS ➢ Appendix 1 — Project locations ➢ Appendix 2 — Applicant photos of improvements completed/underway Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2017\PBD-2017-37, CIP Application Extension, 4790 Victoria Ave,4351-4357 Queen, 4610 Erie.docx Page 150 of 465 5 APPENDIX 1 PBD -2017-37 September 26, 2017 777�'- T. 4151GErie Avenue fir: �..... Page 151 of 465 Before Before M. PBD -2017-37 September 26, 2017 APPENDIX 2 4790 Victoria Avenue Work underway 4351-4357 Queen Street Before After power washing of brick, additional improvements to be completed 4610 Erie Avenue Power washing underway Page 152 of 465 Niagara,aIl�s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2017-12 2017 Sports Wall of Fame Inductees RECOMMENDATION R&C-2017-12 September 26, 2017 That Council approve the following 2017 Sports Wall of Fame Inductees: Pre 1990 Era: Name Category Sport John Arbour* Athlete Hockey Phil Mazzone Builder Basketball Jack (John) Hall Athlete Basketball & Soccer Grace Sunstrum Builder Baseball Charlie Wray Athlete/Builder Sports Fishing 1991 — Present Era: Name Category Sport Michelle Edgar* Athlete Ball Hockey Julianne Miszk Athlete Track & Field EXECUTIVE SUMMARY The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who has brought fame to our City. The 2017 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 28, 2018 at 2:00 pm in the Gale Centre. BACKGROUND For the past 28 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather sponsors to Page 153 of 465 2 R&C-2017-12 September 26, 2017 cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS/RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. The Sports Wall of Fame Committee is reviewing the Constitution this fall. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather sponsors to cover costs of the program and the reception. CITY'S STRATEGIC COMMITMENT The City's Strategic Priorities for 2015-2018 include committing to building and promoting a vibrant, sustainable city that supports an active, connected, and creative community. ATTACHMENT 1. 2017 Sports Wall of Fame Inductees' Achievements Recommended by: Respectfully submitted: Kathy Moldenhauer, Director of Recreation and Culture Ken Todd, Chief Administrative Officer Page 154 of 465 R&C-2017-12 Attachment #1 2017 Sports Wall of Fame Inductees' Achievements Pre 1990 Era Name Category Sport Brief Bio John Arbour Athlete Hockey Played professional hockey in six leagues over the Hockey course of his career. Played in NHL for Boston Bruins, Pittsburgh Penguins, Vancouver Canucks & St. Louis Blues. Appeared in 106 NHL games and recorded 1 goal and 10 points. He also recorded 30 goals and 194 points in 335 WHA games. Won the Memorial Cup Julianne Miszk Athlete Track & Championship in 1966. Phil Mazzone Builder Basketball Established a support & mentorship program guiding hundreds of Niagara Falls athletes to achieve their goals. Developed & coordinated the Career Enhancement Program with the PHPA. Has devoted more than 30 years to our community. Jack (John) Hall Athlete Basketball Played 4 years on St. Thomas University Varsity Soccer & Soccer & Basketball Teams. Twice chosen as MVP of the soccer team and twice for the basketball team. Twice selected as "Athlete of the Year' at University. In 2011, honoured by St. Thomas University in Fredericton, New Brunswick, as one of their best athletes in their first hundred years. Grace Sunstrum Builder Baseball Grace founded the GNBA Ladies Auxiliary in 1961, served as President first 3 years, staying involved with organization. Charlie Wray Athlete/Bu Sports Awards: 1985 In -Fisherman Catch & Release ilder Fishing Champion, 1986 Ontario Angler of the Year, 1989 In - Fisherman Catch & Release Champion & 1990 Ford Angler of the Year. Host & Owner of "The Fishful Thinking Show" in 25th season & voted Fan Favourite Fishing Show in Canada. 1991- Present Era Name Category Sport Brief Write Up Michelle Edgar Athlete Ball Gold medal for Team Canada - 2009 World Ball Hockey Hockey Championships; Professional Women's Hockey Player for Maribor, Slovenia; Semi -Professional Soccer, Women's North American W league for Hamilton Lady Avalanche 2006- 2009 Julianne Miszk Athlete Track & In 2015, Julianne won Silver in the 800m at the Field Canadian Nationals and she is a four time OFSAA Para -Cross Country Champion. Page 155 of 465 Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2017-33 Municipal Accounts RECOMMENDATION F-2017-33 September 26, 2017 That Council approve the municipal accounts totaling $40,572,841.31 for the period July 20, 2017 to September 5, 2017. 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: Respectfully submitted: Todd Harrison, Director of Finance Ken Todd, Chief Administrative Officer Page 156 of 465 Page 1 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount 1340258 ONTARIO INC 406718 26 -Jul -2017 REFUND 13.98 1346704 ONTARIO INC 406719 26 -Jul -2017 REFUND 65.50 1346704 ONTARIO INC 407001 02 -Aug -2017 REFUND 34.42 1527151 ONTARIO LIMITED 407546 23 -Aug -2017 REFUND 500.00 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATIl' 406720 26 -Jul -2017 CONTRACT SERVICES 9,509.12 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATIl' 407002 02 -Aug -2017 CONTRACT SERVICES 5,123.13 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATIl' 407547 23 -Aug -2017 CONTRACT SERVICES 1,511.95 1650759 ONTARIO INC 406721 26 -Jul -2017 MATERIALS 678.00 1769859 ONTARIO INC. 407548 23 -Aug -2017 REFUND 1,250.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 406722 26 -Jul -2017 MATERIALS 50.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407003 02 -Aug -2017 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407186 09 -Aug -2017 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407371 16 -Aug -2017 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407549 23 -Aug -2017 MATERIALS 533.50 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407776 30 -Aug -2017 MATERIALS 25.00 2030688 ONTARIO LTD 406723 26 -Jul -2017 LEASES AND RENTS 9,473.13 2030688 ONTARIO LTD 407968 31 -Aug -2017 LEASES AND RENTS 9,473.13 2095527 ONTARIO LTD 407004 02 -Aug -2017 LEASES AND RENTS 1,423.80 2095527 ONTARIO LTD 407777 30 -Aug -2017 LEASES AND RENTS 1,423.80 2348441 ONTARIO INC O/A MR QUICK CAR WASH 406724 26 -Jul -2017 CONTRACT SERVICES 221.48 283 PERFORMING ARTS COMPANY 407767 24 -Aug -2017 SERVICES 200.00 407 ETR EXPRESS TOLL ROUTE 407005 02 -Aug -2017 MATERIALS-VEH ID #45 37.32 7 -ELEVEN CANADA INC #24055 406725 26 -Jul -2017 REFUND 31.37 800460 ONTARI LIMITED 407006 02 -Aug -2017 REFUND 67.10 800460 ONTARIO LTD. O/A FRUITBELT DEVELOPMENT 407778 30 -Aug -2017 SERVICES 1,593,658.73 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 406726 26 -Jul -2017 MATERIALS 1,202.32 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 407007 02 -Aug -2017 MATERIALS 898.35 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 407372 16 -Aug -2017 MATERIALS 316.17 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 407550 23 -Aug -2017 MATERIALS 98.88 984265 ONTARIO LTD o/a CIRCLE P PAVING 407551 23 -Aug -2017 CONTRACT SERVICES 11,775.03 A B C RECREATION LTD 407374 16 -Aug -2017 CONTRACT SERVICES 159,899.52 A B C RECREATION LTD 407552 23 -Aug -2017 SERVICES 384.21 A&A EXHAUST SYSTEMS 407008 02 -Aug -2017 VEH ID#516 330.55 AAA BIGGAR'S LOCKSMITH & SECURITY 406727 26 -Jul -2017 CONTRACT SERVICES 188.72 AAA BIGGAR'S LOCKSMITH & SECURITY 407187 09 -Aug -2017 MATERIALS 101.70 AAA BIGGAR'S LOCKSMITH & SECURITY 407373 16 -Aug -2017 CONTRACT SERVICES 351.19 ABBY'S CAFE 406728 26 -Jul -2017 SERVICES 124.28 ABBY'S CAFE 407188 09 -Aug -2017 SERVICES 60.15 ABLE PRINTING INC 407779 30 -Aug -2017 MATERIALS 418.10 ABUZEID,ALA 406729 26 -Jul -2017 REFUND 192.06 ACAPULCO POOLS 407375 16 -Aug -2017 CONTRACT SERVICES 137,847.07 ACAPULCO POOLS 407553 23 -Aug -2017 CONTRACT SERVICES 15,316.35 ACCESSIBIL-IT 407189 09 -Aug -2017 SERVICES 1,243.00 ACCESSIBIL-IT 407376 16 -Aug -2017 MATERIALS 1,130.00 ACCU LOCK AND SECURITY 406730 26 -Jul -2017 MATERIALS 31.74 ACCU LOCK AND SECURITY 407009 02 -Aug -2017 CONTRACT SERVICES 194.93 ACCU LOCK AND SECURITY 407190 09 -Aug -2017 CONTRACT SERVICES 163.85 ACCU LOCK AND SECURITY 407377 16 -Aug -2017 CONTRACT SERVICES 175.00 ACCU LOCK AND SECURITY 407780 30 -Aug -2017 SERVICES 9,643.42 ADD ENERGIE 407554 23 -Aug -2017 MATERIALS 1,463.35 ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC. 407781 30 -Aug -2017 SERVICES 7,819.60 ADVANCE TOWING & RECOVERY 406731 26 -Jul -2017 SERVICES 841.85 ADVANCE TOWING & RECOVERY 406993 26 -Jul -2017 SERVICES 378.55 ADVANCE TOWING & RECOVERY 407010 02 -Aug -2017 SERVICES 644.10 ADVANCE TOWING & RECOVERY 407191 09 -Aug -2017 SERVICES 1,090.45 ADVANCE TOWING & RECOVERY 407378 16 -Aug -2017 SERVICES 1,090.45 ADVANCE TOWING & RECOVERY 407555 23 -Aug -2017 CONTRACT SERVICES 322.05 ADVANCE TOWING & RECOVERY 407782 30 -Aug -2017 CONTRACT SERVICES 536.75 AFFILIATED CUSTOMS BROKERS LTD 407556 23 -Aug -2017 SERVICES 123.79 AFTERMARKET PARTS COMPANY LLC 406732 26 -Jul -2017 MATERIALS 10,407.36 AFTERMARKET PARTS COMPANY LLC 406994 26 -Jul -2017 MATERIALS 510.65 AFTERMARKET PARTS COMPANY LLC 407011 02 -Aug -2017 STORES/INVENTORY 45.80 AFTERMARKET PARTS COMPANY LLC 407192 09 -Aug -2017 MATERIALS 92.19 AFTERMARKET PARTS COMPANY LLC 407557 23 -Aug -2017 STORES/INVENTORY 1,617.69 AFTERMARKET PARTS COMPANY LLC 407783 30 -Aug -2017 MATERIALS 7,131.59 AGL GRASS 407558 23 -Aug -2017 SERVICES 46,010.10 AIR CARE SERVICES 407012 02 -Aug -2017 CONTRACT SERVICES 5,116.64 AJ STONE COMPANY LTD 407193 09 -Aug -2017 MATERIALS 345.76 AJ STONE COMPANY LTD 407379 16 -Aug -2017 MATERIALS 15,091.15 ALBANESE,LORI 406733 26 -Jul -2017 MATERIALS 62.68 ALBANESE,LORI 407013 02 -Aug -2017 TRAVEL/MILEAGE 106.92 ALFIDOME CONSTRUCTION 406734 26 -Jul -2017 CONTRACT SERVICES 28,582.59 ALFIDOME CONSTRUCTION 407014 02 -Aug -2017 CONTRACT SERVICES 34,942.40 ALFIDOME CONSTRUCTION 407380 16 -Aug -2017 CONTRACT SERVICES 134,308.36 Page 157 of 465 Page 2 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount ALFIDOME CONSTRUCTION 407559 23 -Aug -2017 REFUND 750.00 ALFIDOME CONSTRUCTION 407784 30 -Aug -2017 SERVICES 3,488.88 ALISON'S SPORTS AWARDS & PROMOTIONS 406735 26 -Jul -2017 MATERIALS 24.30 ALL GREEN IRRIGATION 406737 26 -Jul -2017 CONTRACT SERVICES 853.38 ALL PRO PLUMBING & HEATING 406738 26 -Jul -2017 CONTRACT SERVICES 2,161.24 ALLEN TREE SERVICE 407561 23 -Aug -2017 SERVICES 39,770.88 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 406736 26 -Jul -2017 MATERIALS 2,255.48 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407015 02 -Aug -2017 MATERIALS 122.04 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407381 16 -Aug -2017 MATERIALS 310.16 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407560 23 -Aug -2017 MATERIALS 382.36 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407785 30 -Aug -2017 MATERIALS 1,203.09 ALLIED MEDICAL INSTRUMENTS INC 407016 02 -Aug -2017 MATERIALS 1,050.08 ALMAN,CATHY 406739 26 -Jul -2017 REFUND 20.99 ALSOP,SHELLEY 406740 26 -Jul -2017 REFUND 59.99 ALTERNATE SOLUTIONS 407017 02 -Aug -2017 CONTRACT SERVICES 779.93 AMALGAMATED TRANSIT UNION #1582 00097-0001 31 -Jul -2017 PAYROLL REMITTANCE 4,594.68 AMALGAMATED TRANSIT UNION #1582 00101-0001 14 -Aug -2017 PAYROLL REMITTANCE 4,362.03 AMALGAMATED TRANSIT UNION #1582 00104-0001 28 -Aug -2017 PAYROLL REMITTANCE 4,621.12 AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE 407018 02 -Aug -2017 CONTRACT SERVICES 4,748.26 ANDERSON,JAMILLAH 407019 02 -Aug -2017 REFUND 92.66 ANDERSON, RAYMOND JAMES 407382 16 -Aug -2017 REFUND 750.00 ANDREWS,EMILY 407786 30 -Aug -2017 SERVICES 1,800.00 ANTHONY'S EXCAVATING CENTRAL INC 406741 26 -Jul -2017 CONTRACT SERVICES 16,961.30 ANTHONY'S EXCAVATING CENTRAL INC 407787 30 -Aug -2017 SERVICES 12,882.00 ANTONSEN,DAVID 407020 02 -Aug -2017 MATERIALS 101.69 AQUAFOR BEECH LIMITED 407563 23 -Aug -2017 SERVICES 6,076.80 ARCHEOWORKS INC 407194 09 -Aug -2017 MATERIALS 6,667.00 ARCHER TRUCK CENTRE (WELLAND) LTD 407021 02 -Aug -2017 VEH ID#516 70.92 ARCHER TRUCK CENTRE (WELLAND) LTD 407383 16 -Aug -2017 VEH ID#538 856.44 ARCHER TRUCK SERVICES LTD 406742 26 -Jul -2017 VEH ID#572 604.51 ARCHER TRUCK SERVICES LTD 407788 30 -Aug -2017 VEH ID#681 1,175.54 ARCTIC GLACIER CANADA INC. 407564 23 -Aug -2017 MATERIALS 194.40 ARIVA 406743 26 -Jul -2017 MATERIALS 601.14 ARIVA 407195 09 -Aug -2017 MATERIALS 119.67 ARIVA 407565 23 -Aug -2017 MATERIALS 991.86 ARTCRAFT KITCHENS 407022 02 -Aug -2017 REFUND 22,500.00 ARTISTA DESIGN & PRINT INC 406744 26 -Jul -2017 MATERIALS 348.04 ARTISTA DESIGN & PRINT INC 407023 02 -Aug -2017 MATERIALS 101.70 ARTISTA DESIGN & PRINT INC 407197 09 -Aug -2017 MATERIALS 4,124.50 ARTISTA DESIGN & PRINT INC 407384 16 -Aug -2017 MATERIALS 28.25 ARTISTA DESIGN & PRINT INC 407566 23 -Aug -2017 MATERIALS 3,421.64 ARTISTA DESIGN & PRINT INC 407789 30 -Aug -2017 MATERIALS 2,310.85 ART'S TOOL SALES OF NIA LTD. 407385 16 -Aug -2017 MATERIALS 293.77 ASSOCIATED ENGINEERING (ONT) LTD 406745 26 -Jul -2017 MATERIALS 535.62 AULD,STEVEN 406746 26 -Jul -2017 REFUND 54.64 AUTO FX 407567 23 -Aug -2017 SERVICES 130.80 AUTO LINE TOYOTA O/B 1032447 ONTARIO LTD. 407790 30 -Aug -2017 MATERIALS 57.05 AVENUE ARCHITECTURE INC 407568 23 -Aug -2017 REFUND 1,250.00 B & B LIFT TRUCK SERVICE 407389 16 -Aug -2017 CONTRACT SERVICES 289.04 B & B LIFT TRUCK SERVICE 407571 23 -Aug -2017 VEH ID#333 480.48 B & S POOL SERVICES 406747 26 -Jul -2017 MATERIALS 2,405.58 BAIN PRINTING LIMITED 406748 26 -Jul -2017 MATERIALS 115.27 BAIN PRINTING LIMITED 407386 16 -Aug -2017 MATERIALS 220.35 BAKER 406749 26 -Jul -2017 MATERIALS 3,538.92 BAKER 407024 02 -Aug -2017 STORES/INVENTORY 199.13 BAKER 407198 09 -Aug -2017 STORES/INVENTORY 220.69 BAKER 407387 16 -Aug -2017 STORES/INVENTORY 2,012.00 BAKER 407569 23 -Aug -2017 MATERIALS 30.25 BAKER 407791 30 -Aug -2017 MATERIALS 378.81 BALLINGER,SONNY 407570 23 -Aug -2017 MATERIALS 175.00 BALOGH,KAI 407792 30 -Aug -2017 TRAVEL/MILEAGE 150.66 BANKS,MONTY 407199 09 -Aug -2017 TRAVEL/MILEAGE 22.68 BANNERMAN,MAJA 407200 09 -Aug -2017 TRAVEL/MILEAGE 50.92 BARR,ANGELA 407201 09 -Aug -2017 REFUND 138.15 BASQUE,SYLVIO 407202 09 -Aug -2017 MATERIALS 100.00 BATL NIAGARA 407793 30 -Aug -2017 SERVICES 1,130.00 BATTLEFIELD EQUIPMENT RENTALS 406750 26 -Jul -2017 MATERIALS 220.28 BATTLEFIELD EQUIPMENT RENTALS 407025 02 -Aug -2017 MATERIALS 2,192.52 BATTLEFIELD EQUIPMENT RENTALS 407203 09 -Aug -2017 MATERIALS 6,017.44 BATTLEFIELD EQUIPMENT RENTALS 407388 16 -Aug -2017 VEH ID#211 835.25 BATTLEFIELD EQUIPMENT RENTALS 407794 30 -Aug -2017 MATERIALS 1,540.69 BELISLE,ERIC 407205 09 -Aug -2017 REFUND 750.00 BELL CANADA 407206 09 -Aug -2017 UTILITIES 88.71 BELL CANADA 407391 16 -Aug -2017 UTILITIES 46.04 Page 158 of 465 Page 159 of 465 Page 3 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount BELL CANADA 407574 23 -Aug -2017 UTILITIES 925.69 BELL CANADA 407795 30 -Aug -2017 UTILITIES 88.71 BELL CANADA 407796 30 -Aug -2017 UTILITIES 264.42 BELL CANADA - PUBLIC ACCESS 407573 23 -Aug -2017 UTILITIES 226.00 BELL MOBILITY INC. 407207 09 -Aug -2017 UTILITIES 1,291.81 BELL MOBILITY INC. 407392 16 -Aug -2017 MATERIALS 11,404.34 BELL,LEROY 407797 30 -Aug -2017 REFUND 234.23 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 406752 26 -Jul -2017 MATERIALS 17,473.59 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407026 02 -Aug -2017 VEH ID#236 292.80 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407208 09 -Aug -2017 MATERIALS 404.52 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407393 16 -Aug -2017 VEH ID#239/254 2,023.20 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407575 23 -Aug -2017 VEH ID#242 1,386.39 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407798 30 -Aug -2017 VEH ID#212 133.50 BERESH,DENNIS EARL& BERESH, ALEXANDRA LORIN 407799 30 -Aug -2017 REFUND 792.36 BERGEN,STEPHEN& BERGEN, ANGELEEN 407576 23 -Aug -2017 REFUND 1,000.00 BERKELEY PAYMENT SOLUTIONS WIRE 09 -Aug -2017 MATERIALS 12,984.76 BEST PRACTICE 406753 26 -Jul -2017 MATERIALS 1,680.00 BEST PRACTICE 407577 23 -Aug -2017 TRAINING 1,680.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 406754 26 -Jul -2017 MATERIALS 1,105.96 BICKLE MAIN INDUSTRIAL SUPPLY INC 407394 16 -Aug -2017 MATERIALS 316.17 BICKLE MAIN INDUSTRIAL SUPPLY INC 407800 30 -Aug -2017 MATERIALS 985.25 BILODEAU,MATHEW 406755 26 -Jul -2017 TRAVEL/MILEAGE 110.16 BILODEAU,MATHEW 407209 09 -Aug -2017 TRAINING 133.97 BILOTTATOM 407210 09 -Aug -2017 MATERIALS 75.00 BIRD DESIGN -BUILD CONSTRUCTION INC 407801 30 -Aug -2017 REFUND 10,682.50 BLENDTEK FINE INGREDIENTS 407395 16 -Aug -2017 MATERIALS 3,358.36 BOB ROBINSON & SON CONSTRUCTION 406756 26 -Jul -2017 CONTRACT SERVICES 8,042.83 BOB ROBINSON & SON CONSTRUCTION 407212 09 -Aug -2017 CONTRACT SERVICES 8,525.91 BOB ROBINSON & SON CONSTRUCTION 407396 16 -Aug -2017 MATERIALS 19,501.68 BOB ROBINSON & SON CONSTRUCTION 407578 23 -Aug -2017 REFUND 39,534.69 BOB ROBINSON & SON CONSTRUCTION 407802 30 -Aug -2017 SERVICES 1,285.13 BOISSELLE,FANIE 407803 30 -Aug -2017 REFUND 68.78 BOJAN,ZDJELAR 407804 30 -Aug -2017 REFUND 750.00 BORIC,DOUGLAS 407805 30 -Aug -2017 REFUND 750.00 BOWMAN,LYLIE BROOKE& REMPEI, JOSHUA JONATHAN 407806 30 -Aug -2017 REFUND 67.55 BOYS & GIRLS CLUB OF NIAGARA 406757 26 -Jul -2017 GRANT 16,500.00 BOYS & GIRLS CLUB OF NIAGARA 407969 31 -Aug -2017 GRANT 16,500.00 BRADFIELD, KENNETH RODERICK 407807 30 -Aug -2017 REFUND 750.00 BRENNAN PAVING LTD. 406758 26 -Jul -2017 CONTRACT SERVICES 11,642.55 BRENNAN PAVING LTD. 407397 16 -Aug -2017 CONTRACT SERVICES 315,643.44 BRICKELL,FREDERICK THOMAS 407579 23 -Aug -2017 REFUND 750.00 BRINKS CANADA LTD 406759 26 -Jul -2017 CONTRACT SERVICES 2,727.44 BRINKS CANADA LTD 407808 30 -Aug -2017 SERVICES 2,793.71 BROCK FORD 406760 26 -Jul -2017 VEH ID#43 600.46 BROCK FORD 407027 02 -Aug -2017 VEH ID#572 25,733.47 BROCK FORD 407213 09 -Aug -2017 VEH ID#124 282.21 BROCKFORD 407398 16 -Aug -2017 MATERIALS 1,144.06 BROCK FORD 407580 23 -Aug -2017 VEH ID#65 717.50 BROCK FORD 407809 30 -Aug -2017 VEH ID#110 288.15 BROWN,MICHAEL 407581 23 -Aug -2017 REFUND 282.50 BRUINSMA,JEANINE 406762 26 -Jul -2017 REFUND 112.92 BRUNNING, MARGARET 407582 23 -Aug -2017 SERVICES 65.00 BUILDING INNOVATION 407583 23 -Aug -2017 SERVICES 16,950.00 BURGESS FENCE CONTRACTORS 407584 23 -Aug -2017 SERVICES 3,915.45 BURKE EMPLOYMENT SOLUTIONS 406763 26 -Jul -2017 CONTRACT SERVICES 361.60 BURKE EMPLOYMENT SOLUTIONS 407028 02 -Aug -2017 CONTRACT SERVICES 90.40 BUSINESS LINK MEDIA GROUP 406764 26 -Jul -2017 ADVERTISING 226.00 CVS MIDWEST TAPE 406793 26 -Jul -2017 MATERIALS 715.26 CVS MIDWEST TAPE 407242 09 -Aug -2017 MATERIALS 330.27 CVS MIDWEST TAPE 407412 16 -Aug -2017 MATERIALS 1,756.91 CVS MIDWEST TAPE 407603 23 -Aug -2017 MATERIALS 1,339.18 CVS MIDWEST TAPE 407825 30 -Aug -2017 MATERIALS 2,250.14 CACILHAS,JEFFREY 407585 23 -Aug -2017 REFUND 1,000.00 CALE SYSTEMS INC 407029 02 -Aug -2017 MATERIALS 735.13 CALE SYSTEMS INC 407214 09 -Aug -2017 MATERIALS 826.16 CAMERON,CHELSEA 406765 26 -Jul -2017 REFUND 56.60 CAMPBELL,WAYNE 407542 16 -Aug -2017 MATERIALS 340.00 CANADA POST CORPORATION 00097-0002 31 -Jul -2017 MATERIALS 4.96 CANADA POST CORPORATION 00099-0001 08 -Aug -2017 MATERIALS 4,949.26 CANADA POST CORPORATION 00103-0001 28 -Aug -2017 MATERIALS 4,039.14 CANADA POST CORPORATION 00105-0001 05 -Sep -2017 MATERIALS 7,717.18 CANADIAN BEARINGS LTD 407030 02 -Aug -2017 VEH ID#922 76.86 CANADIAN BEARINGS LTD 407215 09 -Aug -2017 MATERIALS 140.03 CANADIAN DOOR DOCTOR 406768 26 -Jul -2017 MATERIALS 562.18 Page 159 of 465 Page 4 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount CANADIAN DOOR DOCTOR 407031 02 -Aug -2017 CONTRACT SERVICES 163.85 CANADIAN DOOR DOCTOR 407216 09 -Aug -2017 MATERIALS 1,063.90 CANADIAN DOOR DOCTOR 407811 30 -Aug -2017 SERVICES 474.61 CANADIAN LINEN & UNIFORM 406769 26 -Jul -2017 CONTRACT SERVICES 708.83 CANADIAN LINEN & UNIFORM 407032 02 -Aug -2017 MATERIALS 554.13 CANADIAN LINEN & UNIFORM 407217 09 -Aug -2017 CONTRACT SERVICES 396.14 CANADIAN LINEN & UNIFORM 407399 16 -Aug -2017 MATERIALS 393.58 CANADIAN LINEN & UNIFORM 407587 23 -Aug -2017 MATERIALS 400.07 CANADIAN LINEN & UNIFORM 407812 30 -Aug -2017 MATERIALS 393.58 CANADIAN NATIONAL 406770 26 -Jul -2017 CONTRACT SERVICES 3,625.50 CANADIAN NIAGARA HOTELS INC 407588 23 -Aug -2017 SERVICES 37,612.18 CANADIAN PACIFIC RAILWAY 407813 30 -Aug -2017 REFUND 5,399.42 CANADIAN PACIFIC RAILWAY CO 407218 09 -Aug -2017 CONTRACT SERVICES 1,141.50 CANADIAN PAYROLL ASSOCIATION 407033 02 -Aug -2017 MEMBERSHIP 480.25 CANADIAN PORTABLE SERVICES 407400 16 -Aug -2017 MATERIALS 170.64 CANADIAN PORTABLE SERVICES 407589 23 -Aug -2017 SERVICES 6,281.11 CANADIAN RED CROSS 406771 26 -Jul -2017 TRAINING 588.00 CANADIAN RED CROSS 407590 23 -Aug -2017 MATERIALS 324.81 CANADIAN RED CROSS 407814 30 -Aug -2017 MATERIALS 72.44 CANADIAN URBAN TRANSIT ASSOCIATION 406773 26 -Jul -2017 ADVERTISING 423.75 CANALI,KAREN& CANALI, LUCIANO 407810 30 -Aug -2017 REFUND 64.18 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 406767 26 -Jul -2017 MATERIALS 3,244.12 CANON CANADA INC. 406766 26 -Jul -2017 CONTRACT SERVICES 873.14 CANTEC SECURITY SERVICES INC 406772 26 -Jul -2017 CONTRACT SERVICES 1,627.20 CANTEC SECURITY SERVICES INC 407219 09 -Aug -2017 CONTRACT SERVICES 2,169.60 CANTEC SECURITY SERVICES INC 407591 23 -Aug -2017 SERVICES 16,856.98 CARLETON UNIFORMS INC 407401 16 -Aug -2017 MATERIALS 2,806.24 CAROLINE'S CARICATURES 407815 30 -Aug -2017 SERVICES 200.00 CARTER LEASE & RENTALS INC 407221 09 -Aug -2017 LEASES AND RENTS 710.77 CARTER,LAURA MICHELLE 407220 09 -Aug -2017 REFUND 750.00 CASTLE MECHANICAL 406775 26 -Jul -2017 CONTRACT SERVICES 1,852.52 CASTLE MECHANICAL 407592 23 -Aug -2017 SERVICES 1,555.43 CATARACT COLLISION CENTRE 407593 23 -Aug -2017 VEH ID#315 827.84 CBM N.A. INC 407222 09 -Aug -2017 MATERIALS 379.50 CEASER WORK COUNSEL 406776 26 -Jul -2017 CONSULTING SERVICES 5,941.37 CEASER WORK COUNSEL 407223 09 -Aug -2017 CONTRACT SERVICES 7,636.37 CECCKIN,JOHN C 406777 26 -Jul -2017 REFUND 193.62 CEDAR INFRASTRUCTURE PRODUCTS INC 407034 02 -Aug -2017 MATERIALS 858.35 CENTENNIAL INFRASTRUCTURE INC 407402 16 -Aug -2017 CONTRACT SERVICES 298,320.00 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 406778 26 -Jul -2017 REFUND 101.21 CENTRAL COMMUNICATIONS 407224 09 -Aug -2017 CONTRACT SERVICES 548.05 CENTURY BUILDING RESTORATION INC 407594 23 -Aug -2017 REFUND 1,250.00 CERMINARA,VIRGINIA 407035 02 -Aug -2017 CONTRACT SERVICES 23.38 CERVUS EQUIPMENT 407036 02 -Aug -2017 VEH ID#475 3,013.56 CHAMBER OF COMMERCE NIAGARA FALLS 406779 26 -Jul -2017 MEMBERSHIP 159.81 CHAMBER OF COMMERCE NIAGARA FALLS 407037 02 -Aug -2017 ADVERTISING 1,017.00 CHAMBER OF COMMERCE NIAGARA FALLS 407225 09 -Aug -2017 MATERIALS 169.50 CHAMBER OF COMMERCE NIAGARA FALLS 407595 23 -Aug -2017 MEMBERSHIP 254.25 CHAPMAN MURRAY ASSOCIATES 407226 09 -Aug -2017 CONSULTING SERVICES 9,711.55 CHAPMAN MURRAY ASSOCIATES 407403 16 -Aug -2017 MATERIALS 5,650.00 CHAPTERHOUSE PUBLISHING INCORPORATED 407768 24 -Aug -2017 MATERIALS 24,000.00 CHARLEBOIS,JAKE 407816 30 -Aug -2017 SERVICES 200.00 CHARLES JONES INDUSTRIAL LTD 406780 26 -Jul -2017 MATERIALS 2,181.05 CHARLES JONES INDUSTRIAL LTD 407038 02 -Aug -2017 MATERIALS 2,230.56 CHARLES JONES INDUSTRIAL LTD 407227 09 -Aug -2017 MATERIALS 293.53 CHARLES JONES INDUSTRIAL LTD 407404 16 -Aug -2017 STORES/INVENTORY 8,170.08 CHARLES JONES INDUSTRIAL LTD 407817 30 -Aug -2017 MATERIALS 1,723.71 CHAUDHRY,NADEEM& CHAUDHRY, SAIMA 406781 26 -Jul -2017 REFUND 15.71 CHEM AQUA 407039 02 -Aug -2017 CONTRACT SERVICES 169.50 CICCALE,MONDO 406782 26 -Jul -2017 REFUND 17.83 CIMA CANADA INC 407228 09 -Aug -2017 SERVICES 69,387.76 CIMA CANADA INC 407405 16 -Aug -2017 MATERIALS 29,804.88 CIMCO REFRIGERATION 406783 26 -Jul -2017 CONTRACT SERVICES 911.83 CIMCO REFRIGERATION 407041 02 -Aug -2017 CONTRACT SERVICES 9,003.75 CIMCO REFRIGERATION 407406 16 -Aug -2017 CONTRACT SERVICES 341.99 CITY PARENT 406784 26 -Jul -2017 ADVERTISING 901.74 CITY VIEW BUS SALES & SERVICE LTD. 407042 02 -Aug -2017 STORES/INVENTORY 4,101.76 CITY VIEW BUS SALES & SERVICE LTD. 407229 09 -Aug -2017 MATERIALS 307.59 CITY VIEW BUS SALES & SERVICE LTD. 407407 16 -Aug -2017 STORES/INVENTORY 838.90 CITY VIEW BUS SALES & SERVICE LTD. 407818 30 -Aug -2017 MATERIALS 1,561.89 CLARK,TIFFANY 407362 10 -Aug -2017 MATERIALS 150.00 CLAYDON,JEFF 407408 16 -Aug -2017 TRAVEL/MILEAGE 147.96 CLEVER DEVICES LTD 407230 09 -Aug -2017 MATERIALS 1,135.65 CLEVER DEVICES LTD 407819 30 -Aug -2017 MATERIALS 749.19 Page 160 of 465 Page 5 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount CLIFTON HILL BIA 406785 26 -Jul -2017 REMITTANCE 12,500.00 CLOCKWORK SYSTEMS INC 407043 02 -Aug -2017 CONTRACT SERVICES 867.93 CLOWATER,NATACHEA L 406786 26 -Jul -2017 REFUND 219.74 CLUB ITALIA ORDER OF SONS OF ITALY 407044 02 -Aug -2017 MEMBERSHIP 55.00 CLUB ITALIA ORDER OF SONS OF ITALY 407769 24 -Aug -2017 MATERIALS 120.00 C -MAX FIRE SOLUTIONS 406787 26 -Jul -2017 MATERIALS 216.94 COBURN,DARRIN 407045 02 -Aug -2017 MATERIALS 169.00 CODE 4 FIRE & RESCUE INC 407596 23 -Aug -2017 VEH ID#526 30.51 COGECO CONNEXION INC. 407046 02 -Aug -2017 UTILITIES 1,110.23 COGECO CONNEXION INC. 407231 09 -Aug -2017 LEASES AND RENTS 847.50 COLLINS CONCESSIONS LTD 407232 09 -Aug -2017 MATERIALS 850.50 COMMERCIAL CLEANING SERVICES 406788 26 -Jul -2017 CONTRACT SERVICES 452.00 COMMERCIAL CLEANING SERVICES 407597 23 -Aug -2017 SERVICES 1,130.00 COMMISSIONAIRES 406789 26 -Jul -2017 CONTRACT SERVICES 14,293.11 COMMISSIONAIRES 407233 09 -Aug -2017 CONTRACT SERVICES 6,315.07 COMMISSIONAIRES 407409 16 -Aug -2017 CONTRACT SERVICES 10,245.09 COMMISSIONAIRES 407598 23 -Aug -2017 SERVICES 15,584.69 CONDUENT BUSINESS SERVICES, LLC US DRAFT 09 -Aug -2017 MATERIALS 800.00 CONTINENTAL TIRE CANADA INC 406790 26 -Jul -2017 STORES/INVENTORY 3,877.82 COPPER BEECH COMPANY INC. 407234 09 -Aug -2017 SERVICES 339.00 COTTON INC 407599 23 -Aug -2017 SERVICES 166,261.89 COUNTRY BASKET -THE 407235 09 -Aug -2017 MATERIALS 474.60 CRAITOR,KIM 407236 09 -Aug -2017 SERVICES 124.24 CRAWFORD & COMPANY (CANADA) INC 406791 26 -Jul -2017 CONTRACT SERVICES 2,351.25 CRAWFORD & COMPANY (CANADA) INC 407238 09 -Aug -2017 CONTRACT SERVICES 5,623.50 CRAWFORD & COMPANY (CANADA) INC 407410 16 -Aug -2017 CONTRACT SERVICES 1,368.50 CRAWFORD & COMPANY (CANADA) INC 407600 23 -Aug -2017 CONTRACT SERVICES 3,059.00 CRAWFORD & COMPANY (CANADA) INC 407820 30 -Aug -2017 CONTRACT SERVICES 3,979.00 CRAWFORD SMITH & SWALLOW 407237 09 -Aug -2017 CONTRACT SERVICES 7,571.00 CRAWFORD,JOE 407411 16 -Aug -2017 MATERIALS 200.00 CRE -8 -IT SIGNS 407048 02 -Aug -2017 MATERIALS 2,165.08 CRESTLINE COACH LTD 407821 30 -Aug -2017 MATERIALS 465.82 CROW,JEREMY& CROW, HEIDI 407822 30 -Aug -2017 REFUND 384.47 CRUISE,CORY 407239 09 -Aug -2017 MATERIALS 200.00 CSN -MAPLE LEAF COLLISION 407823 30 -Aug -2017 SERVICES 813.60 CUMMINS EASTERN CANADA LP 407049 02 -Aug -2017 CONTRACT SERVICES 642.78 CUMMINS EASTERN CANADA LP 407240 09 -Aug -2017 MATERIALS 1,398.73 CUMMINS EASTERN CANADA LP 407601 23 -Aug -2017 MATERIALS 1,088.97 CUMMINS EASTERN CANADA LP 407824 30 -Aug -2017 SUBSCRIPTION 596.55 CUMMINS MISSISSAUGA BUS & TRUCK REPAIRS INC 407241 09 -Aug -2017 MATERIALS 603.92 CUMMINS MISSISSAUGA BUS & TRUCK REPAIRS INC 407602 23 -Aug -2017 MATERIALS 388.58 CUMMINS -ALLISON ULC 406792 26 -Jul -2017 CONTRACT SERVICES 462.17 CUPE LOCAL 133 00097-0003 31 -Jul -2017 PAYROLL REMITTANCE 10,412.58 CUPE LOCAL 133 00101-0002 14 -Aug -2017 PAYROLL REMITTANCE 10,638.11 CUPE LOCAL 133 00104-0002 28 -Aug -2017 PAYROLL REMITTANCE 10,548.20 D & R LANDSCAPE GROUP 407609 23 -Aug -2017 SERVICES 6,237.60 D K TECHNICAL SERVICES INC 406995 26 -Jul -2017 CONTRACT SERVICES 180.80 DAGENAIS,MARY 406794 26 -Jul -2017 REFUND 204.09 DAI,GUOQING& LIU, QIUWEI 407051 02 -Aug -2017 REFUND 279.38 DA -LEE DUST CONTROL 406795 26 -Jul -2017 MATERIALS 15,313.00 DANYAAL ENTERPRISES LTD 406796 26 -Jul -2017 REFUND 1,250.00 DARCH FIRE 407413 16 -Aug -2017 VEH ID#571 446.80 DAVIDSON ENVIRONMENTAL 406797 26 -Jul -2017 MATERIALS 47.46 DAVIDSON ENVIRONMENTAL 407414 16 -Aug -2017 CONTRACT SERVICES 63.28 DAVIDSON ENVIRONMENTAL 407604 23 -Aug -2017 MATERIALS 94.92 DAVIDSON,ANGELA 407052 02 -Aug -2017 TRAVEL/MILEAGE 380.16 DE BOER,ERIC JAMES 407605 23 -Aug -2017 REFUND 750.00 DEBELLONIA,JAMES 407608 23 -Aug -2017 REFUND 750.00 DEL DUCA,ADAM JOHN 407606 23 -Aug -2017 REFUND 750.00 DELLAVILLE,CHERYL 407826 30 -Aug -2017 REFUND 85.00 DELOS REYES,ROLANDO& DELOS REYES, ADORA 407827 30 -Aug -2017 REFUND 174.35 DEMAR CONSTRUCTION INC. 407415 16 -Aug -2017 CONTRACT SERVICES 2,151.12 DEMAR CONSTRUCTION INC. 407416 16 -Aug -2017 CONTRACT SERVICES 5,524.64 DEMAR CONSTRUCTION INC. 407607 23 -Aug -2017 CONTRACT SERVICES 3,003.24 DEMOUS TIRE SALES & SERVICE 406798 26 -Jul -2017 VEH ID#67 2,782.48 DEMOUS TIRE SALES & SERVICE 407828 30 -Aug -2017 VEH ID#239 1,494.96 DEPENDABLE EMERGENCY VEHICLES 406799 26 -Jul -2017 VEH ID#526 2,672.23 DEPENDABLE EMERGENCY VEHICLES 407053 02 -Aug -2017 MATERIALS -NEW VEHICLE 527 669,462.85 DEPENDABLE EMERGENCY VEHICLES 407243 09 -Aug -2017 VEH ID#524 214.70 DEREK STONIER 407774 24 -Aug -2017 MATERIALS 500.00 DESCHAMPS,STEPH 406801 26 -Jul -2017 REFUND 94.50 DESIGN ELECTRONICS 406800 26 -Jul -2017 CONTRACT SERVICES 204.53 DESIGN ELECTRONICS 407054 02 -Aug -2017 CONTRACT SERVICES 127.13 DESIGN ELECTRONICS 407829 30 -Aug -2017 SERVICES 1,563.64 Page 161 of 465 Page 162 of 465 Page 6 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount DESTEFANO,TERESA 407055 02 -Aug -2017 REFUND 121.05 DHANANI,AZIZ 407244 09 -Aug -2017 REFUND 500.00 DICAN DIGITAL INSTRUMENTS CANADA INC 407056 02 -Aug -2017 MATERIALS 237.30 DICAN DIGITAL INSTRUMENTS CANADA INC 407830 30 -Aug -2017 SERVICES 237.30 DICK,GREGORY MICHAEL& DICK, RACHEL EMILY 407057 02 -Aug -2017 REFUND 2,321.10 DIODATI,JIM 406802 26 -Jul -2017 MATERIALS 1,155.00 DIODATI,JIM 407543 16 -Aug -2017 MATERIALS 340.00 DIODATI,JIM 407970 31 -Aug -2017 TRAVEL/MILEAGE 1,155.00 DISTRICT SCHOOL BOARD OF NIAGARA 407058 02 -Aug -2017 REFUND 1,095.52 DISTRICT SCHOOL BOARD OF NIAGARA 00097-0004 31 -Jul -2017 REFUND 1,250.00 DJURIC,MILAN 407831 30 -Aug -2017 REFUND 137.62 DOBSON,NANCY 407832 30 -Aug -2017 REFUND 105.00 DOVE,CONNIE 406803 26 -Jul -2017 REFUND 277.26 DOWNTOWN BOARD OF MANAGEMENT 406804 26 -Jul -2017 REMITTANCE 106,204.50 DREN,KARL 407245 09 -Aug -2017 TRAVEL/MILEAGE 187.92 DUFFERIN CONCRETE 406805 26 -Jul -2017 MATERIALS 2,058.88 DUFFERIN CONCRETE 407059 02 -Aug -2017 MATERIALS 1,970.73 DUFFERIN CONCRETE 407417 16 -Aug -2017 MATERIALS 1,673.54 DUFFERIN CONCRETE 407610 23 -Aug -2017 MATERIALS 2,498.44 DUFFERIN CONCRETE 407833 30 -Aug -2017 MATERIALS 768.97 DULUX PAINTS 407246 09 -Aug -2017 MATERIALS 812.93 DULUX PAINTS 407611 23 -Aug -2017 MATERIALS 46.26 DULUX- PPG ARCHITECTURAL COATINGS CANADA INC 407834 30 -Aug -2017 MATERIALS 46.26 DUMONT SECURITY 406806 26 -Jul -2017 CONTRACT SERVICES 145.77 DUMONT SECURITY 407060 02 -Aug -2017 CONTRACT SERVICES 1,049.19 DUMONT SECURITY 407835 30 -Aug -2017 SERVICES 1,049.19 DUNCAN,JASON 406807 26 -Jul -2017 REFUND 3.82 DUNHAM,BRIAN 407418 16 -Aug -2017 REFUND 170.21 DUNTSCH,JUSTUS 407836 30 -Aug -2017 GRANT 1,000.00 DYNACARE 406808 26 -Jul -2017 MATERIALS 57.00 E S HUBBELL HIGHWAY AND DRAINANGE PRODUCTS 407250 09 -Aug -2017 MATERIALS 9,302.16 E3 LABORATORIES 406809 26 -Jul -2017 CONTRACT SERVICES 1,690.48 E3 LABORATORIES 407612 23 -Aug -2017 MATERIALS 149.16 E3 LABORATORIES 407837 30 -Aug -2017 MATERIALS 1,290.46 EASTLAND,MARI-LYNNE 407419 16 -Aug -2017 ADVERTISING 135.60 ECONOMIC DEVELOPERS ASSOCIATION OF CANADA 406810 26 -Jul -2017 ADVERTISING 1,000.00 ED LEARN FORD LINCOLN LTD 406811 26 -Jul -2017 MATERIALS 171.51 ED LEARN FORD LINCOLN LTD 407838 30 -Aug -2017 SERVICES 176.50 ELLIS ENGINEERING INC. 407420 16 -Aug -2017 CONTRACT SERVICES 27,245.79 ELLIS ENGINEERING INC. 407613 23 -Aug -2017 CONSULTING SERVICES 23,633.95 EMCO CORPORATION 406812 26 -Jul -2017 MATERIALS 6,267.38 EMCO CORPORATION 407061 02 -Aug -2017 MATERIALS 2,727.37 EMCO CORPORATION 407247 09 -Aug -2017 MATERIALS 6,566.88 EMCO CORPORATION 407421 16 -Aug -2017 MATERIALS 2,415.04 EMCO CORPORATION 407614 23 -Aug -2017 MATERIALS 431.21 EMCO CORPORATION 407839 30 -Aug -2017 MATERIALS 737.89 ENBRIDGE 00097-0005 31 -Jul -2017 MATERIALS 585.32 ENBRIDGE 00099-0002 08 -Aug -2017 MATERIALS 191.15 ENBRIDGE 00099-0003 08 -Aug -2017 MATERIALS 11,775.30 ENBRIDGE 00101-0003 14 -Aug -2017 MATERIALS 74.51 ENBRIDGE 00102-0001 21 -Aug -2017 MATERIALS 362.48 ENBRIDGE 00103-0002 28 -Aug -2017 MATERIALS 1,526.17 ENBRIDGE 00105-0002 05 -Sep -2017 MATERIALS 161.72 ENBRIDGE 00105-0003 05 -Sep -2017 MATERIALS 9,600.54 ENSIGN ELECTRONIC ALARM SYSTEMS 407062 02 -Aug -2017 CONTRACT SERVICES 1,239.30 ENTERTAINMENT PARTNERS CANADA 407615 23 -Aug -2017 SERVICES 677.02 E -QUIP RENTALS & REPAIRS INC 406813 26 -Jul -2017 MATERIALS 2,522.27 E -QUIP RENTALS & REPAIRS INC 407064 02 -Aug -2017 MATERIALS 93.39 E -QUIP RENTALS & REPAIRS INC 407249 09 -Aug -2017 MATERIALS 1,996.42 E -QUIP RENTALS & REPAIRS INC 407422 16 -Aug -2017 MATERIALS 1,073.35 E -QUIP RENTALS & REPAIRS INC 407616 23 -Aug -2017 MATERIALS 972.09 EQUIPMENT SPECIALIST INC 407063 02 -Aug -2017 LEASES AND RENTS 16,210.42 EQUIPMENT SPECIALIST INC 407248 09 -Aug -2017 VEH ID# 476 1,344.75 ESTATE OF MARCI STRYCHAR, 406957 26 -Jul -2017 REFUND 71.87 EVANS UTILITY SUPPLY LTD 407065 02 -Aug -2017 CONTRACT SERVICES 30,859.90 EVANS UTILITY SUPPLY LTD 407251 09 -Aug -2017 MATERIALS 6,947.96 EXP SERVICES INC 406814 26 -Jul -2017 CONTRACT SERVICES 13,535.14 EXP SERVICES INC 407617 23 -Aug -2017 SERVICES 4,125.63 EXP SERVICES INC 407840 30 -Aug -2017 MATERIALS 908.52 FABBRO,TERESA 407423 16 -Aug -2017 TRAINING 290.97 FAIGOU,NAFEE 407841 30 -Aug -2017 GRANT 100.00 FALLS AUTO BODY INC 407842 30 -Aug -2017 VEH ID#567 3,162.90 FALLS CHEVROLET CADILLAC 406815 26 -Jul -2017 VEH ID#599 1,473.86 FALLS CHEVROLET CADILLAC 407066 02 -Aug -2017 MATERIALS 214.90 Page 162 of 465 Page 163 of 465 Page 7 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount FALLS CHEVROLET CADILLAC 407252 09 -Aug -2017 VEH ID#599 1,163.89 FALLS CHEVROLET CADILLAC 407424 16 -Aug -2017 MATERIALS 1,057.07 FALLS CHEVROLET CADILLAC 407618 23 -Aug -2017 MATERIALS 1,500.89 FALLS CHEVROLET CADILLAC 407843 30 -Aug -2017 MATERIALS 358.09 FALLS ELECTRIC INC 406816 26 -Jul -2017 CONTRACT SERVICES 1,290.04 FALLS ELECTRIC INC 407067 02 -Aug -2017 CONTRACT SERVICES 320.36 FALLS ELECTRIC INC 407425 16 -Aug -2017 MATERIALS 787.96 FALLS ELECTRIC INC 407619 23 -Aug -2017 SERVICES 293.80 FALLS ELECTRIC INC 407844 30 -Aug -2017 MATERIALS 2,241.58 FALLSVIEW BIA 406817 26 -Jul -2017 REMITTANCE 750,000.00 FALLSWAY SUPPLY 406818 26 -Jul -2017 MATERIALS 60.62 FALLSWAY SUPPLY 407426 16 -Aug -2017 VEH ID#239 1,189.10 FALLSWAY SUPPLY 407845 30 -Aug -2017 MATERIALS 216.51 FANSOLATO,WAYNE 407253 09 -Aug -2017 MATERIALS 75.00 FASTENAL CANADA LTD 406821 26 -Jul -2017 MATERIALS 1,678.90 FASTENAL CANADA LTD 407068 02 -Aug -2017 MATERIALS 5,455.96 FASTENAL CANADA LTD 407254 09 -Aug -2017 STORES/INVENTORY 178.99 FASTENAL CANADA LTD 407427 16 -Aug -2017 STORES/INVENTORY 744.11 FASTENAL CANADA LTD 407620 23 -Aug -2017 MATERIALS 560.97 FASTENAL CANADA LTD 407846 30 -Aug -2017 MATERIALS 24.05 FASTENAL COMPANY (ONNIA) 406820 26 -Jul -2017 REFUND 229.28 FEHR'S TROPHY & ENGRAVING 406822 26 -Jul -2017 MATERIALS 339.00 FELICETTI,SERGE 406823 26 -Jul -2017 MATERIALS 98.76 FENA INSURANCE SOLUTIONS 407847 30 -Aug -2017 REFUND 1,250.00 FERGUSON,ASHLEY 406824 26 -Jul -2017 REFUND 18.64 FESSLER,MARCUS 407848 30 -Aug -2017 GRANT 250.00 FESTIVALS & EVENTS ONTARIO 407621 23 -Aug -2017 MEMBERSHIP 418.10 FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 406825 26 -Jul -2017 MATERIALS 449.74 FIRE MONITORING OF CANADA INC 407069 02 -Aug -2017 CONTRACT SERVICES 108.48 FIRE MONITORING OF CANADA INC 407622 23 -Aug -2017 SERVICES 2,304.52 FLAGS UNLIMITED INC 406826 26 -Jul -2017 MATERIALS 182.46 FLEXO PRODUCTS LTD 406827 26 -Jul -2017 STORES/INVENTORY 4,338.90 FLEXO PRODUCTS LTD 407070 02 -Aug -2017 MATERIALS 2,489.68 FLEXO PRODUCTS LTD 407255 09 -Aug -2017 MATERIALS 1,672.40 FLEXO PRODUCTS LTD 407623 23 -Aug -2017 MATERIALS 1,529.05 FLEXO PRODUCTS LTD 407849 30 -Aug -2017 MATERIALS 1,452.45 FORLIN,JACOB 407071 02 -Aug -2017 MATERIALS 25.93 FOUR SEASONS CONSTRUCTION 407850 30 -Aug -2017 REFUND 1,000.00 FRAMING & ART CENTRE 407256 09 -Aug -2017 MATERIALS 1,769.15 FRANK CONSTANTINO CONSTRUCTION 406828 26 -Jul -2017 REFUND 1,000.00 FRANZE,FRANK 407428 16 -Aug -2017 TRAVEL/MILEAGE 31.32 FRAONE,ANNA 407624 23 -Aug -2017 REFUND 750.00 FREW ENERGY LIMITED 406829 26 -Jul -2017 FUEL 41,483.25 FREW ENERGY LIMITED 407257 09 -Aug -2017 FUEL 29,182.98 FREW ENERGY LIMITED 407429 16 -Aug -2017 FUEL 2,728.20 FREW ENERGY LIMITED 407625 23 -Aug -2017 FUEL 33,989.78 FROESE FORENSIC PARTNERS LTD 407258 09 -Aug -2017 CONTRACT SERVICES 4,231.27 G. O'CONNOR CONSULTANTS INC 407073 02 -Aug -2017 MATERIALS 10,417.19 G. O'CONNOR CONSULTANTS INC 407633 23 -Aug -2017 CONSULTING SERVICES 4,765.78 G.S. WARK LIMITED 407638 23 -Aug -2017 REFUND 1,250.00 GALE/CENGAGE LEARNING US DRAFT 09 -Aug -2017 MATERIALS 260.35 GALES GAS BARS 406830 26 -Jul -2017 FUEL 311.25 GALES GAS BARS 407626 23 -Aug -2017 FUEL 177.92 GALLERY WORKS NIAGARA INC 406831 26 -Jul -2017 MATERIALS 452.00 GALLERY WORKS NIAGARA INC 407770 24 -Aug -2017 MATERIALS 1,130.00 GARDNER-DURDLE,TORENA 407851 30 -Aug -2017 LEASES AND RENTS 100.00 GAROFALO SEWER CLEANING 407628 23 -Aug -2017 REFUND 750.00 GAROFALO SEWER CLEANING 407852 30 -Aug -2017 SERVICES 107.35 GARRETT,KYLE& GARRETT, ADAM 407627 23 -Aug -2017 REFUND 750.00 GAUBOC CONSTRUCTION LIMITED 407629 23 -Aug -2017 SERVICES 3,178.13 GAULD NURSERIES LTD 407430 16 -Aug -2017 MATERIALS 886.62 GB ENVIRONMENTAL SERVICES NIAGARA LTD 407431 16 -Aug -2017 MATERIALS 2,587.70 GENERAL SEED COMPANY 407432 16 -Aug -2017 MATERIALS 1,254.30 GHD LIMITED 407630 23 -Aug -2017 SERVICES 10,417.47 GIANT TOURING COMPANY INC 407259 09 -Aug -2017 CONTRACT SERVICES 25,200.00 GIANT TOURING COMPANY INC 407631 23 -Aug -2017 MATERIALS 3,000.00 GILL,ANDREW 407433 16 -Aug -2017 MATERIALS 175.00 GIRARDI,CHRISTINE 407260 09 -Aug -2017 TRAVEL/MILEAGE 150.91 GLEN,BETTY ANN 406996 26 -Jul -2017 REFUND 227.98 GLENNA,JOHNSTON 406832 26 -Jul -2017 REFUND 230.48 GLOBAL LEGACY BOXING INC 407072 02 -Aug -2017 MATERIALS 3,390.00 GLOBALSTAR CANADA 406833 26 -Jul -2017 UTILITIES 225.96 GLOBALSTAR CANADA 407261 09 -Aug -2017 UTILITIES 112.98 GLORY GLOBAL SOLUTIONS CANADA INC 407262 09 -Aug -2017 CONTRACT SERVICES 361.60 Page 163 of 465 Page 164 of 465 Page 8 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount GM BLUEPLAN ENGINEERING LIMITED 406834 26 -Jul -2017 CONTRACT SERVICES 14,273.44 GM BLUEPLAN ENGINEERING LIMITED 407632 23 -Aug -2017 SERVICES 9,152.90 GOEDVOLK,CHRISTINE 407074 02 -Aug -2017 REFUND 99.77 GOODMAN,MARK 407263 09 -Aug -2017 MATERIALS 175.00 GOOLD,NATHANIAL 406835 26 -Jul -2017 SERVICES 1,000.00 GOOLD,NATHANIAL 407853 30 -Aug -2017 SERVICES 1,000.00 GORDON BANNERMAN LTD 406836 26 -Jul -2017 MATERIALS 445.88 GORDON BANNERMAN LTD 407075 02 -Aug -2017 MATERIALS 719.41 GRAHAM,BRENDAN 407076 02 -Aug -2017 REFUND 237.65 GRAHAM,CATHARINE 407854 30 -Aug -2017 GRANT 100.00 GRAINGE,DAVID PETER& GRAINGE, FRANCES KATHLEEN 407077 02 -Aug -2017 REFUND 12.88 GRAND & TOY 406837 26 -Jul -2017 MATERIALS 344.35 GRAND & TOY 407434 16 -Aug -2017 MATERIALS 116.70 GRAYBAR CANADA 406838 26 -Jul -2017 MATERIALS 1,098.10 GRAYBAR CANADA 407078 02 -Aug -2017 MATERIALS 408.97 GRAYBAR CANADA 407264 09 -Aug -2017 MATERIALS 128.42 GRAYBAR CANADA 407435 16 -Aug -2017 MATERIALS 111.38 GREAT GULF (TORONTO 2000) 407634 23 -Aug -2017 REFUND 750.00 GREAT LAKES FIRE SERVICES 406839 26 -Jul -2017 MATERIALS 50.29 GREAT LAKES FIRE SERVICES 407265 09 -Aug -2017 CONTRACT SERVICES 384.20 GREAT LAKES FIRE SERVICES 407436 16 -Aug -2017 MATERIALS 113.00 GREAT LAKES FIRE SERVICES 407855 30 -Aug -2017 SERVICES 47.46 GREATER NIAGARA BOAT CLUB 407636 23 -Aug -2017 FUEL 50.94 GREAVES LIGHT DUTY SIGN SERVICE 407437 16 -Aug -2017 ADVERTISING 271.20 GREEN LION ECO GROUP CORP 407635 23 -Aug -2017 REFUND 500.00 GREEN,SIMON MALCOM 407637 23 -Aug -2017 REFUND 750.00 GREENFIELD GROUP LTD 406840 26 -Jul -2017 CONTRACT SERVICES 1,587.65 GREY BORDERS BOOKS 407856 30 -Aug -2017 MATERIALS 393.75 GRIFFIN LANDSCAPE 407079 02 -Aug -2017 CONTRACT SERVICES 11,182.76 GROUND AERIAL MAINTENANCE LTD 407080 02 -Aug -2017 SERVICES 1,595.79 GRZELAK,SARAH 406841 26 -Jul -2017 REFUND 94.33 GT FRENCH 406842 26 -Jul -2017 STORES/INVENTORY 6,842.94 GT FRENCH 407081 02 -Aug -2017 MATERIALS 202.11 GT FRENCH 407266 09 -Aug -2017 MATERIALS 597.59 GT FRENCH 407438 16 -Aug -2017 MATERIALS 138.37 GT FRENCH 407639 23 -Aug -2017 MATERIALS 986.31 GT FRENCH 407857 30 -Aug -2017 MATERIALS 600.00 GUARASCI,JEFF 406843 26 -Jul -2017 TRAVEL/MILEAGE 350.46 GUARASCI,SANDY 406844 26 -Jul -2017 REFUND 20.00 GUILD ELECTRIC LIMITED 407267 09 -Aug -2017 CONTRACT SERVICES 2,701.63 GYM CON LTD 407858 30 -Aug -2017 SERVICES 87,349.00 HACH SALES & SERVICE CANADA LP 407640 23 -Aug -2017 MATERIALS 222.61 HAILS,WAYNE& HAILS, SHARON 406845 26 -Jul -2017 REFUND 48.89 HALCO MOBILE MFG SALES & SERVICE INC 406846 26 -Jul -2017 CONTRACT SERVICES 1,130.00 HALCO MOBILE MFG SALES & SERVICE INC 407082 02 -Aug -2017 MATERIALS 847.50 HALCO MOBILE MFG SALES & SERVICE INC 407268 09 -Aug -2017 CONTRACT SERVICES 672.35 HALCO MOBILE MFG SALES & SERVICE INC 407439 16 -Aug -2017 CONTRACT SERVICES 452.00 HALCO MOBILE MFG SALES & SERVICE INC 407641 23 -Aug -2017 SERVICES 1,073.50 HALCO MOBILE MFG SALES & SERVICE INC 407859 30 -Aug -2017 SERVICES 452.00 HALLEX ENGINEERING LTD 407083 02 -Aug -2017 CONTRACT SERVICES 4,282.70 HALLEX ENGINEERING LTD 407642 23 -Aug -2017 SERVICES 4,520.00 HAMILTON SANTA CLAUS PARADE 407440 16 -Aug -2017 MATERIALS 1,250.00 HAMILTON -TORONTO AREA PROCESS SERVING INC 406847 26 -Jul -2017 CONTRACT SERVICES 163.85 HARLOCK,RODERICK 407860 30 -Aug -2017 UTILITIES 143.82 HARRIMAN,JOHN 407269 09 -Aug -2017 CONTRACT SERVICES 5,018.00 HARRISON,JASMINE 406848 26 -Jul -2017 REFUND 22.75 HASLEM,CAROL ANNE 407861 30 -Aug -2017 REFUND 265.99 HAZMASTERS INC 406849 26 -Jul -2017 MATERIALS 1,494.58 HD SUPPLY CANADA INC 406850 26 -Jul -2017 MATERIALS 16.98 HEART NIAGARA INC 407442 16 -Aug -2017 REFUND 3,222.67 HEART NIAGARA INC 407643 23 -Aug -2017 MATERIALS 84.00 HEART NIAGARA INC 407862 30 -Aug -2017 MATERIALS 395.50 HERB LODDE & SONS ROOFING LTD 407443 16 -Aug -2017 MATERIALS 15,524.62 HERKIMER,DEBRA 407084 02 -Aug -2017 REFUND 147.14 HERRING,DIANE 407444 16 -Aug -2017 MATERIALS 30.00 HERRING,DIANE 407644 23 -Aug -2017 SERVICES 30.00 HEUSERS STEEL WORKS LTD 407270 09 -Aug -2017 MATERIALS 113.00 HEUSERS STEEL WORKS LTD 407863 30 -Aug -2017 MATERIALS 259.90 HICKS MORLEY HAMILTON STEWART STORE LLP 406851 26 -Jul -2017 CONTRACT SERVICES 10,296.69 HICKS MORLEY HAMILTON STEWART STORE LLP 407445 16 -Aug -2017 CONTRACT SERVICES 3,331.81 HICKS,DEREK 407645 23 -Aug -2017 TRAVEL/MILEAGE 20.00 HILMONIUK,CRAIG 407864 30 -Aug -2017 TRAVEL/MILEAGE 50.38 HOLMAN,GEOFF 407085 02 -Aug -2017 TRAVEL/MILEAGE 80.46 HOOD CLEANERS OF AMERICA INC 406852 26 -Jul -2017 CONTRACT SERVICES 1,406.00 Page 164 of 465 Page 165 of 465 Page 9 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount HORTON,EVON& HORTON, DEBORAH 407865 30 -Aug -2017 REFUND 1,669.20 HOTSY CLEANING SYSTEMS 406853 26 -Jul -2017 MATERIALS 700.60 HOULDEN,SHAWNA 406854 26 -Jul -2017 REFUND 105.99 HOWARD,RICHARD H 406855 26 -Jul -2017 REFUND 121.56 HOWELLS,SIMON 407646 23 -Aug -2017 MATERIALS 158.19 HRDOWNLOADS INC 407647 23 -Aug -2017 SERVICES 12,603.68 IBEC MACHINE KNIFE LTD 406856 26 -Jul -2017 MATERIALS 82.49 IBEC MACHINE KNIFE LTD 407086 02 -Aug -2017 CONTRACT SERVICES 58.76 IBEC MACHINE KNIFE LTD 407446 16 -Aug -2017 CONTRACT SERVICES 106.22 IBI GROUP PROFESSSIONAL SERVICES (CANADA) INC 406857 26 -Jul -2017 CONTRACT SERVICES 3,073.60 IBI GROUP PROFESSSIONAL SERVICES (CANADA) INC 407447 16 -Aug -2017 CONTRACT SERVICES 2,169.60 ICECO ADVANCED ARENA PRODUCTS 407866 30 -Aug -2017 MATERIALS 3,638.60 ICOMPASS TECHNOLOGIES 406858 26 -Jul -2017 MATERIALS 27,459.00 IMRAN,SIDRA 407867 30 -Aug -2017 MATERIALS 200.00 INAMDAR,FIROJ 406859 26 -Jul -2017 REFUND 27.90 INDACO MANUFACTURING LIMITED 407271 09 -Aug -2017 MATERIALS 233.98 INDEPENDENT SUPPLY COMPANY 406860 26 -Jul -2017 MATERIALS 27.03 INDEPENDENT SUPPLY COMPANY 407087 02 -Aug -2017 MATERIALS 359.64 INDEPENDENT SUPPLY COMPANY 407272 09 -Aug -2017 MATERIALS 53.04 INDEPENDENT SUPPLY COMPANY 407448 16 -Aug -2017 MATERIALS 85.21 INDEPENDENT SUPPLY COMPANY 407648 23 -Aug -2017 MATERIALS 61.81 INDEPENDENT SUPPLY COMPANY 407868 30 -Aug -2017 MATERIALS 9.44 INGERSOLL RAND 406861 26 -Jul -2017 MATERIALS 2,968.20 INNOTEX INC. 407649 23 -Aug -2017 MATERIALS 6,278.55 INNOVATIVE GATE SYSTEMS INC 406863 26 -Jul -2017 CONTRACT SERVICES 881.40 INNOVATIVE SURFACE SOLUTIONS CANADA 406862 26 -Jul -2017 MATERIALS 5,097.43 INNOVATIVE SURFACE SOLUTIONS CANADA 407273 09 -Aug -2017 MATERIALS 4,630.83 INTUITION LANDSCAPE 407449 16 -Aug -2017 CONTRACT SERVICES 14,368.48 INTUITION LANDSCAPE 407650 23 -Aug -2017 CONTRACT SERVICES 12,742.02 IRVINE,TAMMY 407651 23 -Aug -2017 SERVICES 217.95 ITIABA,JULIAN& JOAXHIM, GLENDA & BAYAH 407088 02 -Aug -2017 REFUND 213.71 J J MACKAY CANADA LTD 406867 26 -Jul -2017 CONTRACT SERVICES 38.66 J J MACKAY CANADA LTD 407654 23 -Aug -2017 SERVICES 39.83 J KJOUPPIEN HERITAGE RESOURCE CONSULTANT 406868 26 -Jul -2017 MATERIALS 1,113.05 J&B PRO MUSIC 407274 09 -Aug -2017 MATERIALS 4,746.00 JACK DOW AUTO SUPPLIES LIMITED 406864 26 -Jul -2017 STORES/INVENTORY 288.18 JACK DOW AUTO SUPPLIES LIMITED 407652 23 -Aug -2017 MATERIALS 249.51 JACKET CELLAR 407450 16 -Aug -2017 MATERIALS 259.90 JAGUAR BOOK GROUP 406865 26 -Jul -2017 MATERIALS 471.55 JAMES WAKUNICK US DRAFT 09 -Aug -2017 MATERIALS 235.59 JAREB,MARINKO 407869 30 -Aug -2017 GRANT 300.00 JASS CONSTRUCTION (1370629 ONT LTD) 407870 30 -Aug -2017 CONTRACT SERVICES 193,840.20 JAY OLIVER US DRAFT 09 -Aug -2017 MATERIALS 196.16 JEETHAN,PULMASSIE TOYIE 407089 02 -Aug -2017 REFUND 7,012.32 JESIK,MEGAN 407871 30 -Aug -2017 GRANT 250.00 JEX,CAROL 406866 26 -Jul -2017 REFUND 192.95 JIA,YUJIE 407653 23 -Aug -2017 REFUND 1,250.00 JOAN CRAWFORD GRAPHIC DESIGN 406869 26 -Jul -2017 MATERIALS 1,944.16 JTS REPAIR LTD. 407090 02 -Aug -2017 CONTRACT SERVICES 287.45 KAPTEYN,KEES 407872 30 -Aug -2017 GRANT 100.00 KAPUR,VIJAY 407091 02 -Aug -2017 REFUND 24.05 KARBORANI, JERI ES SHIMON 407873 30 -Aug -2017 REFUND 115.77 KELLY DIGS LANDSCAPING 407451 16 -Aug -2017 CONTRACT SERVICES 6,331.77 KELLY DIGS LANDSCAPING 407655 23 -Aug -2017 CONTRACT SERVICES 12,696.88 KELLY SERVICES (CANADA) LTD. 407656 23 -Aug -2017 CONTRACT SERVICES 889.08 KELLY SERVICES (CANADA) LTD. 407874 30 -Aug -2017 MATERIALS 889.08 KENWORTH TORONTO LTD 407275 09 -Aug -2017 STORES/INVENTORY 2,193.16 KENWORTH TORONTO LTD 407452 16 -Aug -2017 STORES/INVENTORY 182.86 KERRY T HOWE ENGINEERING LTD 406870 26 -Jul -2017 CONTRACT SERVICES 1,898.40 KERRY T HOWE ENGINEERING LTD 407092 02 -Aug -2017 CONTRACT SERVICES 5,901.43 KERRY T HOWE ENGINEERING LTD 407657 23 -Aug -2017 MATERIALS 11,285.41 KHAN,BIBI 407875 30 -Aug -2017 REFUND 39.00 KIRKUP MASCOE & URE SURVEYING LTD. 407453 16 -Aug -2017 CONTRACT SERVICES 4,152.75 KLEENWAY BUILDING MAINTENANCE INC 406871 26 -Jul -2017 CONTRACT SERVICES 1,679.18 KLEENWAY BUILDING MAINTENANCE INC 407276 09 -Aug -2017 CONTRACT SERVICES 3,152.70 KLEENWAY BUILDING MAINTENANCE INC 407454 16 -Aug -2017 CONTRACT SERVICES 4,582.15 KOLASRIAN,ARMEN 407876 30 -Aug -2017 REFUND 30.00 KRAHN,FRANK 406872 26 -Jul -2017 MATERIALS 200.00 KRAWCZYK CONSTRUCTION MAINTENANCE INC 407093 02 -Aug -2017 REFUND 1,250.00 KRAWCZYK CONSTRUCTION MAINTENANCE INC 407455 16 -Aug -2017 MATERIALS 2,237.40 KRAWCZYK CONSTRUCTION MAINTENANCE INC 407658 23 -Aug -2017 CONTRACT SERVICES 5,107.60 KROWN 406873 26 -Jul -2017 CONTRACT SERVICES 610.14 KROWN 407094 02 -Aug -2017 CONTRACT SERVICES 865.46 KROWN 407277 09 -Aug -2017 CONTRACT SERVICES 327.58 Page 165 of 465 Page 166 of 465 Page 10 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount KROWN 407659 23 -Aug -2017 CONTRACT SERVICES 271.09 KWIK MIX MATERIALS LIMITED 407660 23 -Aug -2017 MATERIALS 1,577.21 LAKE'S MAINTENANCE 407278 09 -Aug -2017 MATERIALS 177.98 LAKE'S MAINTENANCE 407456 16 -Aug -2017 CONTRACT SERVICES 231.65 LANDTEK LIMITED 407095 02 -Aug -2017 MATERIALS 35,425.50 LAW CRUSHED STONE 407096 02 -Aug -2017 MATERIALS 3,665.85 LAW CRUSHED STONE 407457 16 -Aug -2017 MATERIALS 2,692.24 LAW CRUSHED STONE 407877 30 -Aug -2017 MATERIALS 5,304.22 LAWNS AND MORE INC. 407458 16 -Aug -2017 MATERIALS 14,608.07 LAWSON PRODUCTS INC 407097 02 -Aug -2017 MATERIALS 1,417.89 LAWSON PRODUCTS INC 407279 09 -Aug -2017 MATERIALS 407.51 LAWSON PRODUCTS INC 407459 16 -Aug -2017 STORES/INVENTORY 625.98 LAWSON PRODUCTS INC 407661 23 -Aug -2017 MATERIALS 925.03 LAWSON PRODUCTS INC 407878 30 -Aug -2017 MATERIALS 839.19 LEA,MELISSA 407460 16 -Aug -2017 TRAVEL/MILEAGE 764.99 LEBLANC,RON 407098 02 -Aug -2017 MATERIALS 80.00 LEE,CAMERON 407280 09 -Aug -2017 MATERIALS 200.00 LEGGE,DEBORAH 407879 30 -Aug -2017 TRAVEL/MILEAGE 103.94 LELIEVRE,JOHN& LELIEVRE, NANCY 407880 30 -Aug -2017 REFUND 204.64 LIAO,JEMMA 406874 26 -Jul -2017 TRAVEL/MILEAGE 140.40 LIAO,JEMMA 407662 23 -Aug -2017 TRAINING 339.00 LIBRARY BOUND INC 406875 26 -Jul -2017 MATERIALS 894.85 LIBRARY BOUND INC 407099 02 -Aug -2017 MATERIALS 476.98 LIBRARY BOUND INC 407281 09 -Aug -2017 MATERIALS 798.71 LIBRARY BOUND INC 407461 16 -Aug -2017 MATERIALS 1,000.09 LIBRARY BOUND INC 407663 23 -Aug -2017 MATERIALS 1,602.85 LIBRARY BOUND INC 407771 24 -Aug -2017 MATERIALS 1,349.66 LIDSTER,JACK 407664 23 -Aug -2017 SERVICES 250.00 LIFESAVING SOCIETY 407665 23 -Aug -2017 MATERIALS 227.50 LINCOLN APPLIANCE SERVICE CENTRE INC 407462 16 -Aug -2017 MATERIALS 99.44 LINCOLN APPLIANCE SERVICE CENTRE INC 407666 23 -Aug -2017 SERVICES 99.44 LINCOLN CONSTRUCTION 407100 02 -Aug -2017 REFUND 750.00 LOOPSTRA NIXON LLP 407282 09 -Aug -2017 CONTRACT SERVICES 5,130.74 LORENCE,BARBARA 407667 23 -Aug -2017 REFUND 230.00 LOUD +CLEAR 407463 16 -Aug -2017 MATERIALS 1,915.35 LUKACS,JANOS 407668 23 -Aug -2017 REFUND 750.00 LUNDY'S LANE BIA 406877 26 -Jul -2017 GRANT 128,306.50 LYONS,BETTY 407881 30 -Aug -2017 REFUND 33.44 MACKEY,DAVID 407464 16 -Aug -2017 REFUND 39.00 MANCUSO CHEMICALS LIMITED 407101 02 -Aug -2017 MATERIALS 3,839.83 MANCUSO CHEMICALS LIMITED 407283 09 -Aug -2017 MATERIALS 272.90 MANCUSO CHEMICALS LIMITED 407465 16 -Aug -2017 MATERIALS 401.51 MANCUSO CHEMICALS LIMITED 407669 23 -Aug -2017 MATERIALS 2,820.39 MANIBOG,LIGAYA MARTIN 406878 26 -Jul -2017 REFUND 103.33 MANOR CLEANERS 407102 02 -Aug -2017 MATERIALS 289.06 MANOR CLEANERS 407670 23 -Aug -2017 MATERIALS 412.42 MARAZZO,ASHLEY 407883 30 -Aug -2017 GRANT 250.00 MARCHIO,JOSEPH 407671 23 -Aug -2017 REFUND 750.00 MAR -CO CLAY PRODUCTS INC 407466 16 -Aug -2017 MATERIALS 1,770.48 MARCOTTE, MICHELLE 407885 30 -Aug -2017 GRANT 100.00 MARKEN HOMES & CONSTRUCTION 407103 02 -Aug -2017 REFUND 10.84 MARK'S COMMERCIAL 406879 26 -Jul -2017 MATERIALS 170.33 MARK'S COMMERCIAL 407104 02 -Aug -2017 MATERIALS 819.11 MARK'S COMMERCIAL 407284 09 -Aug -2017 MATERIALS 4,118.08 MARK'S COMMERCIAL 407363 10 -Aug -2017 MATERIALS 288.40 MARK'S COMMERCIAL 407467 16 -Aug -2017 MATERIALS 2,958.17 MARK'S COMMERCIAL 407672 23 -Aug -2017 MATERIALS 1,290.34 MARKS SUPPLY INC 407285 09 -Aug -2017 MATERIALS 885.71 MARKS SUPPLY INC 407468 16 -Aug -2017 MATERIALS 73.72 MARKS SUPPLY INC 407673 23 -Aug -2017 MATERIALS 829.22 MARKS SUPPLY INC 407884 30 -Aug -2017 MATERIALS 677.31 MARONE,MARCO 407105 02 -Aug -2017 REFUND 1,000.00 MARTIN SHEPPARD FRASER LLP 407286 09 -Aug -2017 CONTRACT SERVICES 1,616.55 MARTIN,MICHAEL 406880 26 -Jul -2017 REFUND 52.07 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 406881 26 -Jul -2017 CONTRACT SERVICES 678.00 MAXWELL PAPER CANADA INC 407469 16 -Aug -2017 MATERIALS 268.15 MCCONNERY,STAN 407364 10 -Aug -2017 MATERIALS 15.00 MCD MECHANICAL 407287 09 -Aug -2017 CONTRACT SERVICES 3,900.00 MCD MECHANICAL 407675 23 -Aug -2017 MATERIALS 7,800.00 MCDONNELL,DINO SHAWN 407674 23 -Aug -2017 REFUND 500.00 MCEACHERN,CHRIS 407886 30 -Aug -2017 MATERIALS 40.00 MCGARRY,MARION 406882 26 -Jul -2017 REFUND 298.66 MCINTOSH,PAUL 407288 09 -Aug -2017 REFUND 1,669.20 MCKAY,TAMMY 407676 23 -Aug -2017 SERVICES 264.00 Page 166 of 465 Page 11 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD 407470 16 -Aug -2017 VEH ID#404 1,095.54 MCMILLAN DRAINAGE SOLUTIONS 407677 23 -Aug -2017 REFUND 750.00 ME OLSEN TITLES INC 407289 09 -Aug -2017 MATERIALS 67.80 METAL SUPERMARKETS 407107 02 -Aug -2017 MATERIALS 1,291.80 METAL SUPERMARKETS 407290 09 -Aug -2017 MATERIALS 348.55 METAL SUPERMARKETS 407471 16 -Aug -2017 MATERIALS 533.10 METAL SUPERMARKETS 407887 30 -Aug -2017 MATERIALS 616.79 METRO COLLISION SERVICES INC 407109 02 -Aug -2017 CONTRACT SERVICES -UNIT 404 5,275.09 METRO FREIGHTLINER HAMILTON 407108 02 -Aug -2017 STORES/INVENTORY 3,703.59 METRO FREIGHTLINER HAMILTON 407291 09 -Aug -2017 STORES/INVENTORY 82.85 METRO FREIGHTLINER HAMILTON 407472 16 -Aug -2017 STORES/INVENTORY 2,347.58 MICHAUD KITCHEN & HEATING 407678 23 -Aug -2017 REFUND 1,250.00 MIERSCH,ADELE LYNN 406883 26 -Jul -2017 MATERIALS 50.85 MILLER RESTORATION 407473 16 -Aug -2017 MATERIALS 506.04 MINISTER OF FINANCE 407110 02 -Aug -2017 PAYROLL REMITTANCE 4,218.92 MINISTER OF FINANCE 407111 02 -Aug -2017 PAYROLL REMITTANCE 72,964.53 MINISTER OF FINANCE 407888 30 -Aug -2017 PAYROLL REMITTANCE 4,020.35 MINISTER OF FINANCE 407889 30 -Aug -2017 PAYROLL REMITTANCE 72,622.55 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 407292 09 -Aug -2017 TRAINING 390.00 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 407680 23 -Aug -2017 MATERIALS 390.00 MINISTRY OF ATTORNEY GENERAL 00097-0006 31-JuI-2017 PAYROLL REMITTANCE 3,302.02 MINISTRY OF ATTORNEY GENERAL 00101-0004 14 -Aug -2017 PAYROLL REMITTANCE 3,182.48 MINISTRY OF ATTORNEY GENERAL 00104-0003 28 -Aug -2017 PAYROLL REMITTANCE 3,182.48 MITCHELL,VANESSA 407112 02 -Aug -2017 REFUND 138.78 MOASE,SUZANNE 406884 26 -Jul -2017 MATERIALS 317.98 MODERN LANDFILL INC 406885 26 -Jul -2017 MATERIALS 6,396.33 MODERN LANDFILL INC 407113 02 -Aug -2017 CONTRACT SERVICES 197.55 MODERN LANDFILL INC 407293 09 -Aug -2017 CONTRACT SERVICES 429.49 MODERN LANDFILL INC 407681 23 -Aug -2017 CONTRACT SERVICES 8,971.85 MOHAWK MFG & SUPPLY CO 406886 26 -Jul -2017 STORES/INVENTORY 96.39 MOHAWK MFG & SUPPLY CO 407114 02 -Aug -2017 STORES/INVENTORY 4,970.94 MOHAWK MFG & SUPPLY CO 407294 09 -Aug -2017 STORES/INVENTORY 4,593.35 MOHAWK MFG & SUPPLY CO 407474 16 -Aug -2017 STORES/INVENTORY 497.58 MOHAWK MFG & SUPPLY CO 407890 30 -Aug -2017 STORES/INVENTORY 2,026.52 MOORE CANADA CORPORATION 407682 23 -Aug -2017 MATERIALS 13,963.66 MORNEAU SHEPELL LTD 406887 26 -Jul -2017 CONTRACT SERVICES 2,726.46 MORNINGSTAR, BRIAN 407891 30 -Aug -2017 TRAVEL/MILEAGE 11.88 MOROCCO,JOYCE 407544 16 -Aug -2017 MATERIALS 340.00 MORRISON HERSHFIELD 407295 09 -Aug -2017 CONTRACT SERVICES 3,390.00 MOUNTAINVIEW HOMES LTD 407115 02 -Aug -2017 REFUND 1,644.71 MULLER'S WORKWEAR 407296 09 -Aug -2017 MATERIALS 193.17 MULLER'S WORKWEAR 407475 16 -Aug -2017 MATERIALS 188.08 MULLER'S WORKWEAR 407683 23 -Aug -2017 MATERIALS 199.94 MURPHY'S MUSIC 406888 26 -Jul -2017 MATERIALS 1,367.30 MYLES FISHER GRAPHIC & WEB DESIGN 407772 24 -Aug -2017 MATERIALS 1,500.00 NAGY,HANYA 406889 26 -Jul -2017 PETTY CASH 494.10 NAGY,HANYA 407476 16 -Aug -2017 PETTY CASH 93.75 NEKAUI-YAZDY,KELLY 407893 30 -Aug -2017 REFUND 37.71 NELLA CUTLERY (HAMILTON) INC. 407477 16 -Aug -2017 MATERIALS 101.70 NELLA CUTLERY (HAMILTON) INC. 407894 30 -Aug -2017 CONTRACT SERVICES 67.80 NEOPOST LEASING SERIVCES CANADA LTD. 407297 09 -Aug -2017 LEASES AND RENTS 661.05 NETMOTION SOFTWARE INC. US DRAFT 09 -Aug -2017 MATERIALS 1,718.75 NEXTERRA SUBSTRUCTURES INC 407684 23 -Aug -2017 CONTRACT SERVICES 113,416.29 NIAGARA AV SYSTEMS 407895 30 -Aug -2017 MATERIALS 11,865.00 NIAGARA BATTERY & TIRE 406891 26 -Jul -2017 MATERIALS 6,347.30 NIAGARA BATTERY & TIRE 407116 02 -Aug -2017 STORES/INVENTORY 547.12 NIAGARA BATTERY & TIRE 407298 09 -Aug -2017 STORES/INVENTORY 3,455.50 NIAGARA BATTERY & TIRE 407478 16 -Aug -2017 MATERIALS 1,158.03 NIAGARA BATTERY & TIRE 407685 23 -Aug -2017 MATERIALS 5,802.50 NIAGARA BATTERY & TIRE 407896 30 -Aug -2017 MATERIALS 50.00 NIAGARA BLOCK INCORPORATED 407479 16 -Aug -2017 MATERIALS 1,025.14 NIAGARA BLOCK INCORPORATED 407897 30 -Aug -2017 MATERIALS 205.83 NIAGARA CHRYSLER DODGE JEEP 407117 02 -Aug -2017 CONTRACT SERVICES 599.47 NIAGARA COMPOST SOIL FARM INC 407686 23 -Aug -2017 MATERIALS 21,436.86 NIAGARA COMPOST SOIL FARM INC 407898 30 -Aug -2017 CONTRACT SERVICES 16,795.79 NIAGARA CUSTOM SIGNS & GRAPHICS 407118 02 -Aug -2017 MATERIALS 45.20 NIAGARA CUSTOM SIGNS & GRAPHICS 407480 16 -Aug -2017 VEH ID#571/572/524/516/523 2,909.12 NIAGARA DEVELOPMENT CORRIDOR PARTNERSHIP 407687 23 -Aug -2017 MATERIALS 4,000.00 NIAGARA DINING & ENTERTAINMENT 407773 24 -Aug -2017 ADVERTISING 565.00 NIAGARA ENGINEERING 407299 09 -Aug -2017 CONTRACT SERVICES 13,560.00 NIAGARA FALLS ART GALLERY 406892 26 -Jul -2017 GRANT 1,948.61 NIAGARA FALLS ART GALLERY 407971 31 -Aug -2017 GRANT 1,948.61 NIAGARA FALLS CURLING CLUB 407300 09 -Aug -2017 LEASES AND RENTS 10,357.75 NIAGARA FALLS HUMANE SOCIETY 407370 15 -Aug -2017 CONTRACT SERVICES 68,692.70 Page 167 of 465 Page 168 of 465 Page 12 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount NIAGARA FALLS HUMANE SOCIETY 407899 30 -Aug -2017 REMITTANCE 320.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS 00097-0007 31 -Jul -2017 PAYROLL REMITTANCE 15,337.92 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS 00101-0005 14 -Aug -2017 PAYROLL REMITTANCE 7,449.92 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS 00104-0004 28 -Aug -2017 PAYROLL REMITTANCE 15,356.75 NIAGARA FALLS PUBLIC LIBRARY 406893 26 -Jul -2017 PETTY CASH 1,152.30 NIAGARA FALLS REVIEW 407303 09 -Aug -2017 SUBSCRIPTION 676.52 NIAGARA FALLS TOURISM ASSOCIATION 406894 26 -Jul -2017 GRANT 30,000.00 NIAGARA FALLS TOURISM ASSOCIATION 407972 31 -Aug -2017 GRANT 30,000.00 NIAGARA HISTORICAL SOCIETY & MUSEUM 407481 16 -Aug -2017 MATERIALS 230.00 NIAGARA METER SERVICES INC. 407119 02 -Aug -2017 CONTRACT SERVICES 5,213.14 NIAGARA METER SERVICES INC. 407482 16 -Aug -2017 CONTRACT SERVICES 11,290.96 NIAGARA ON THE LAKE HYDRO INC 406895 26 -Jul -2017 SERVICES 142.56 NIAGARA ON THE LAKE HYDRO INC 407688 23 -Aug -2017 UTILITIES 140.68 NIAGARA PARKS COMMISSION 407120 02 -Aug -2017 MATERIALS 30,000.00 NIAGARA PENINSULA ENERGY INC 406896 26 -Jul -2017 UTILITIES 243.93 NIAGARA PENINSULA ENERGY INC 407121 02 -Aug -2017 UTILITIES 200,527.08 NIAGARA PENINSULA ENERGY INC 407302 09 -Aug -2017 UTILITIES 1,102.75 NIAGARA PENINSULA ENERGY INC 407545 17 -Aug -2017 UTILITIES 8,919.26 NIAGARA PENINSULA ENERGY INC 407689 23 -Aug -2017 UTILITIES 22,882.32 NIAGARA PENINSULA ENERGY INC 407900 30 -Aug -2017 UTILITIES 19,553.73 NIAGARA REGIONAL BROADBAND NETWORK 406898 26 -Jul -2017 SERVICES 9,350.63 NIAGARA REGIONAL BROADBAND NETWORK 407690 23 -Aug -2017 SERVICES 9,350.63 NIAGARA REGIONAL POLICE SERVICE 406897 26 -Jul -2017 CONTRACT SERVICES 100.00 NIAGARA SPRING SERVICE LTD 407901 30 -Aug -2017 VEH ID#538 702.40 NIAGARA SUPPORT SERVICES 407691 23 -Aug -2017 REFUND 1,250.00 NIAGARA TRAILERS LTD. 407122 02 -Aug -2017 MATERIALS -UNIT 32 601.17 NIAGARA TRUCK N' STUFF INC 407902 30 -Aug -2017 MATERIALS 384.91 NIAGARA WORKFORCE PLANNING BOARD 407301 09 -Aug -2017 MATERIALS 125.00 NICHOLLS MARINE LTD 407484 16 -Aug -2017 MATERIALS 563.01 NICK'S TRUCK PARTS INC. 407692 23 -Aug -2017 MATERIALS 71.05 NICKS,JOAN 407903 30 -Aug -2017 GRANT 1,000.00 NOBLE CORPORATION 407485 16 -Aug -2017 MATERIALS 2,724.12 NOBLE CORPORATION 407693 23 -Aug -2017 MATERIALS 159.69 NOSEWORTHY, FRANCES 406899 26 -Jul -2017 REFUND 98.29 NOVAQUIP LIFTING SYSTEMS INC. 407304 09 -Aug -2017 CONTRACT SERVICES 5,197.44 NPS CUSTOM KITCHENS & BATHS 407486 16 -Aug -2017 MATERIALS 9,720.60 NUNN,RICHARD 407904 30 -Aug -2017 REFUND 141.45 OATLEY,SHAWN 407123 02 -Aug -2017 TRAINING 59.00 OBSIDIAN GROUP INC O/A CHUCK'S ROADHOUSE 407487 16 -Aug -2017 REFUND 813.55 O'CONNOR,KELLI 407694 23 -Aug -2017 REFUND 500.00 O'CONNOR,PERRY 406900 26 -Jul -2017 REFUND 210.00 OIL FILTRATION SPECIALISTS INC 407305 09 -Aug -2017 STORES/INVENTORY 1,159.38 OMERS 00099-0004 08 -Aug -2017 PAYROLL REMITTANCE 678,825.18 OMERS 00099-0005 08 -Aug -2017 PAYROLL REMITTANCE 36,482.66 OMERS 00105-0004 05 -Sep -2017 PAYROLL REMITTANCE 681,412.11 OMERS 00105-0005 05 -Sep -2017 PAYROLL REMITTANCE 34,311.06 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 406902 26 -Jul -2017 MATERIALS 757.10 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 407365 10 -Aug -2017 MATERIALS 37,322.33 ONTARIO GAMING ASSET CORPORATION 407696 23 -Aug -2017 REFUND 36.00 ONTARIO ONE CALL 406901 26 -Jul -2017 CONTRACT SERVICES 1,457.42 ONTARIO ONE CALL 407695 23 -Aug -2017 CONTRACT SERVICES 1,168.42 ONTARIO SEED COMPANY LTD 406903 26 -Jul -2017 MATERIALS 872.36 ORKIN CANADA CORPORATION 407124 02 -Aug -2017 CONTRACT SERVICES 158.77 ORKIN CANADA CORPORATION 407905 30 -Aug -2017 CONTRACT SERVICES 158.77 OTHMOR,JULIEANNE 407125 02 -Aug -2017 REFUND 90.16 OVENS,CHERYL 406904 26 -Jul -2017 REFUND 99.85 OVERLAND CUSTOM COACH (2007) INC. 406905 26 -Jul -2017 STORES/INVENTORY 3,517.19 OVERLAND CUSTOM COACH (2007) INC. 407488 16 -Aug -2017 STORES/INVENTORY 623.54 PALFINGER INC 407906 30 -Aug -2017 REFUND 230.00 PANAGOPOULOS,JIM 407306 09 -Aug -2017 MATERIALS 76.89 PANTE,CORINNA 406906 26 -Jul -2017 REFUND 22.00 PARADISE POOLS 406907 26 -Jul -2017 MATERIALS 619.64 PARADISE POOLS 407126 02 -Aug -2017 MATERIALS 280.13 PARADISE POOLS 407307 09 -Aug -2017 MATERIALS 83.14 PARADISE POOLS 407489 16 -Aug -2017 MATERIALS 364.44 PARADISE POOLS 407697 23 -Aug -2017 MATERIALS 364.42 PARADISE POOLS 407907 30 -Aug -2017 MATERIALS 1,165.39 PARKWAY TOWING INC 407698 23 -Aug -2017 CONTRACT SERVICES 508.50 PARMAR,PIYUSH 407127 02 -Aug -2017 REFUND 9.58 PARSONS INC 407129 02 -Aug -2017 MATERIALS 2,412.55 PARTY CONNECTION 406908 26 -Jul -2017 MATERIALS 819.63 PARTY CONNECTION 407130 02 -Aug -2017 MATERIALS 1,036.44 PASQUALE,ANGELA MARIA 407308 09 -Aug -2017 REFUND 30.16 PAUL'S RESTORATIONS INC 407131 02 -Aug -2017 REFUND 1,250.00 Page 168 of 465 Page 169 of 465 Page 13 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount PEC ROOF MAINTENANCE 407309 09 -Aug -2017 CONTRACT SERVICES 346.80 PEC ROOF MAINTENANCE 407490 16 -Aug -2017 CONTRACT SERVICES 1,998.22 PEC ROOF MAINTENANCE 407699 23 -Aug -2017 CONTRACT SERVICES 684.56 PENINSULA PAVING INC. 407132 02 -Aug -2017 MATERIALS 5,720.63 PENINSULA PEST CONTROL LTD 407700 23 -Aug -2017 CONTRACT SERVICES 2,853.25 PENNER BUILDING CENTRE 406909 26 -Jul -2017 MATERIALS 514.52 PENNER BUILDING CENTRE 407492 16 -Aug -2017 MATERIALS 906.33 PENNER BUILDING CENTRE 407701 23 -Aug -2017 MATERIALS 846.99 PENNER BUILDING CENTRE 407908 30 -Aug -2017 MATERIALS 243.54 PENTLAND,MARK ALLAN 407491 16 -Aug -2017 REFUND 193.77 PERFORMANCE AUTO GROUP 407310 09 -Aug -2017 MATERIALS 144.04 PETERS EXCAVATING INC 406910 26 -Jul -2017 CONTRACT SERVICES 4,352.76 PETERS EXCAVATING INC 407909 30 -Aug -2017 CONTRACT SERVICES 21,967.20 PIC'S MOTOR CLINIC 407133 02 -Aug -2017 STORES/INVENTORY 453.98 PIC'S MOTOR CLINIC 407311 09 -Aug -2017 STORES/INVENTORY 732.75 PIC'S MOTOR CLINIC 407910 30 -Aug -2017 STORES/INVENTORY 922.65 PINERIDGE TREE SERVICE LTD 406911 26 -Jul -2017 CONTRACT SERVICES 10,712.40 PINERIDGE TREE SERVICE LTD 407493 16 -Aug -2017 CONTRACT SERVICES 9,492.00 PINERIDGE TREE SERVICE LTD 407702 23 -Aug -2017 CONTRACT SERVICES 5,695.20 PINERIDGE TREE SERVICE LTD 407911 30 -Aug -2017 MATERIALS 2,847.60 PINOT,JOSEPH 406912 26 -Jul -2017 REFUND 163.26 PLAYPOWER LT CANADA INC 407494 16 -Aug -2017 MATERIALS 55,831.16 POLARON SOLARTECH CORP. 407703 23 -Aug -2017 REFUND 500.00 POLICH,STEVEN 407134 02 -Aug -2017 TRAVEL/MILEAGE 58.32 POSTMEDIA NETWORK INC 406913 26 -Jul -2017 ADVERTISING 23,079.45 POTALIVO,ANDREAGIOCONDO 407912 30 -Aug -2017 REFUND 84.22 PPL AQUATIC 407704 23 -Aug -2017 CONTRACT SERVICES 103,424.73 PR MECHANICAL SERVICES 407709 23 -Aug -2017 CONTRACT SERVICES 3,900.00 PRAXAIR 406914 26 -Jul -2017 CONTRACT SERVICES 632.79 PRAXAIR 407495 16 -Aug -2017 MATERIALS 268.86 PRAXAIR 407705 23 -Aug -2017 MATERIALS 331.36 PRECISION CURB CUTTING LTD 406915 26 -Jul -2017 CONTRACT SERVICES 784.07 PRECISION CURB CUTTING LTD 407496 16 -Aug -2017 CONTRACT SERVICES 595.43 PREMIER EQUIPMENT LTD 406916 26 -Jul -2017 MATERIALS-VEH ID 228/251/268 1,078.40 PREMIER EQUIPMENT LTD 407312 09 -Aug -2017 MATERIALS 10,577.46 PREMIER EQUIPMENT LTD 407497 16 -Aug -2017 MATERIALS 1,314.38 PREMIER EQUIPMENT LTD 407913 30 -Aug -2017 VEH ID#228/246/268 731.35 PREMIER TRUCK GROUP 406918 26 -Jul -2017 CONTRACT SERVICES 87.01 PREMIER TRUCK GROUP 407914 30 -Aug -2017 MATERIALS -UNIT 690 1,616.55 PRENTICE,JOHN& PRENTICE, THERESA 406917 26 -Jul -2017 REFUND 141.94 PREVOST 406919 26 -Jul -2017 STORES/INVENTORY 6,818.50 PREVOST 407135 02 -Aug -2017 STORES/INVENTORY 278.59 PREVOST 407313 09 -Aug -2017 STORES/INVENTORY 2,227.07 PREVOST 407498 16 -Aug -2017 MATERIALS 7,319.26 PREVOST 407706 23 -Aug -2017 MATERIALS 2,178.16 PREVOST 407915 30 -Aug -2017 STORES/INVENTORY 2,993.40 PRIM8 GROUP INC 407040 02 -Aug -2017 MATERIALS 2,034.00 PRIMARY CARE NIAGARA - NIAGARA FALLS 406920 26 -Jul -2017 MATERIALS 300.00 PRIMARY CARE NIAGARA - NIAGARA FALLS 407916 30 -Aug -2017 MATERIALS 800.00 PRINTING BY INNOVATION INC. 407708 23 -Aug -2017 MATERIALS 788.74 PRINTING HOUSE LTD 407314 09 -Aug -2017 MATERIALS 2,141.12 PRINTING HOUSE LTD 407499 16 -Aug -2017 MATERIALS 1,579.91 PRINTING HOUSE LTD 407707 23 -Aug -2017 MATERIALS 292.56 PRO BATTERY SHOPS 406921 26 -Jul -2017 STORES/INVENTORY 993.95 PRO BATTERY SHOPS 407136 02 -Aug -2017 STORES/INVENTORY 993.95 PRO BATTERY SHOPS 407500 16 -Aug -2017 STORES/INVENTORY 1,987.90 PRO BATTERY SHOPS 407917 30 -Aug -2017 STORES/INVENTORY 609.75 PRO NET SPORTS LTD. 407138 02 -Aug -2017 MATERIALS 2,943.65 PRODUCTION RESOURCE GROUP CANADA LIMITED WIRE 25 -Jul -2017 MATERIALS 126,536.56 PROJECT SHARE 406922 26 -Jul -2017 GRANT 24,866.67 PROJECT SHARE 407137 02 -Aug -2017 MATERIALS 44.01 PROJECT SHARE 407973 31 -Aug -2017 GRANT 24,866.67 PUBLIC SECTOR DIGEST 406923 26 -Jul -2017 SERVICES 10,112.05 PUROLATOR COURIER 406924 26 -Jul -2017 COURIER 43.46 PUROLATOR COURIER 407140 02 -Aug -2017 COURIER 151.77 PUROLATOR COURIER 407316 09 -Aug -2017 COURIER 85.77 PUROLATOR COURIER 407710 23 -Aug -2017 COURIER 138.21 PUROLATOR COURIER 407918 30 -Aug -2017 COURIER 70.75 PVS CONTRACTORS 406925 26 -Jul -2017 CONTRACT SERVICES 47,179.96 PVS CONTRACTORS 407317 09 -Aug -2017 CONTRACT SERVICES 16,749.65 PVS CONTRACTORS 407366 10 -Aug -2017 CONTRACT SERVICES 12,605.21 PVS CONTRACTORS 407501 16 -Aug -2017 CONTRACT SERVICES 26,829.42 PVS CONTRACTORS 407711 23 -Aug -2017 CONTRACT SERVICES 49,183.72 PVS CONTRACTORS 407919 30 -Aug -2017 CONTRACT SERVICES 367.25 Page 169 of 465 Page 14 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount QRX TECHNOLOGY GROUP/KERR NORTON 407141 02 -Aug -2017 SERVICES 856.90 QUARTEK GROUP INC 406926 26 -Jul -2017 MATERIALS 1,480.30 QUINTE PLASTICS 407712 23 -Aug -2017 MATERIALS 1,349.22 R & J MACHINE 407503 16 -Aug -2017 MATERIALS 3,765.21 R J SMITH EQUIPMENT INC 407149 02 -Aug -2017 MATERIALS 2,288.25 R J SMITH EQUIPMENT INC 407322 09 -Aug -2017 MATERIALS 949.20 R J SMITH EQUIPMENT INC 407504 16 -Aug -2017 MATERIALS 2,474.70 R W HAMILTON LTD. 407323 09 -Aug -2017 MATERIALS 339.93 R W HAMILTON LTD. 407723 23 -Aug -2017 MATERIALS 959.03 R W HAMILTON LTD. 407925 30 -Aug -2017 MATERIALS 42.22 R. STASIAK ENGINEERING INC 406936 26 -Jul -2017 CONTRACT SERVICES 4,746.00 R. STASIAK ENGINEERING INC 407722 23 -Aug -2017 CONTRACT SERVICES 2,881.50 RACO AUTO SUPPLY LTD 406927 26 -Jul -2017 STORES/INVENTORY 860.62 RACO AUTO SUPPLY LTD 407142 02 -Aug -2017 STORES/INVENTORY 1,388.54 RACO AUTO SUPPLY LTD 407713 23 -Aug -2017 STORES/INVENTORY 3,022.45 RAINBOW PURE WATER 407714 23 -Aug -2017 MATERIALS 282.50 RAMPADO,ALICIA 407715 23 -Aug -2017 REFUND 750.00 RANKIN CONSTRUCTION INC 407143 02 -Aug -2017 MATERIALS 14,138.15 RAPID -INTERACTIVE DISABILITY MANAGEMENT 407920 30 -Aug -2017 MATERIALS 2,825.00 RBC LIFE INSURANCE COMPANY 406928 26 -Jul -2017 REMITTANCE 1,872.94 RBC LIFE INSURANCE COMPANY 407921 30 -Aug -2017 REMITTANCE 1,911.74 RE: SOUND MUSIC LICENSING COMPANY 407147 02 -Aug -2017 MATERIALS 148.82 REALTAXINC 407144 02 -Aug -2017 MATERIALS 700.60 REALTAXINC 407716 23 -Aug -2017 MATERIALS 1,231.70 RECEIVER GENERAL 406997 26 -Jul -2017 PAYROLL REMITTANCE 527,676.06 RECEIVER GENERAL 406998 26 -Jul -2017 PAYROLL REMITTANCE 173.03 RECEIVER GENERAL 407367 10 -Aug -2017 PAYROLL REMITTANCE 96.41 RECEIVER GENERAL 407368 10 -Aug -2017 PAYROLL REMITTANCE 520,456.91 RECEIVER GENERAL 407764 23 -Aug -2017 PAYROLL REMITTANCE 503,274.47 RECEIVER GENERAL 407765 23 -Aug -2017 PAYROLL REMITTANCE 123.65 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 406929 26 -Jul -2017 MATERIALS 65.96 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 407922 30 -Aug -2017 MATERIALS 36.28 REDWOOD,BRUCE& REDWOOD, TAMMY 406930 26 -Jul -2017 REFUND 92.02 REEH,KENNETH 407145 02 -Aug -2017 REFUND 164.73 REFRIGERATION ENERGY SOLUTIONS LTD 406931 26 -Jul -2017 CONTRACT SERVICES 809.65 REFRIGERATION ENERGY SOLUTIONS LTD 407146 02 -Aug -2017 CONTRACT SERVICES 186.45 REFRIGERATION ENERGY SOLUTIONS LTD 407318 09 -Aug -2017 CONTRACT SERVICES 4,468.31 REGIONAL MUNICIPALITY OF NIAGARA 407502 16 -Aug -2017 MATERIALS 77.00 REGIONAL MUNICIPALITY OF NIAGARA 00098-0001 31 -Jul -2017 CONTRACT SERVICES 2,184,046.19 REGIONAL MUNICIPALITY OF NIAGARA 00099-0006 08 -Aug -2017 MATERIALS 34,027.78 REGIONAL MUNICIPALITY OF NIAGARA 00100-0001 08 -Aug -2017 REMITTANCE 19,710,150.00 REGIONAL MUNICIPALITY OF NIAGARA 00101-0006 14 -Aug -2017 CONTRACT SERVICES 4,467,931.34 REGIONAL MUNICIPALITY OF NIAGARA 00102-0002 21 -Aug -2017 CONTRACT SERVICES 56,778.37 RICARDO,JORGE 407319 09 -Aug -2017 REFUND 900.00 RICHARD CROSSMAN ENTERPRISES 407923 30 -Aug -2017 MATERIALS 750.00 RICHARDSON,BRAD JOSEPH 407717 23 -Aug -2017 REFUND 750.00 RICOH CANADA INC 406932 26 -Jul -2017 MATERIALS 7,191.29 RICOH CANADA INC 407320 09 -Aug -2017 MATERIALS 21,239.48 RICOH CANADA INC 407718 23 -Aug -2017 MATERIALS 7,346.71 RIDGELINE HOMES 407719 23 -Aug -2017 REFUND 750.00 RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED 407321 09 -Aug -2017 MATERIALS 282.50 RIOCAN HOLDINGS INC. 407148 02 -Aug -2017 LEASES AND RENTS 3,375.56 RK & ASSOCIATES 406933 26 -Jul -2017 MATERIALS 4,169.70 RK & ASSOCIATES 407720 23 -Aug -2017 MATERIALS 4,545.70 ROBERTO,THOMAS& ROBERTO, RACHEL 407150 02 -Aug -2017 REFUND 460.04 ROCHESTER MIDLAND CANADA CORPORATION 406934 26 -Jul -2017 MATERIALS 2,657.76 ROCHESTER MIDLAND CANADA CORPORATION 407151 02 -Aug -2017 MATERIALS 252.67 ROCHESTER MIDLAND CANADA CORPORATION 407924 30 -Aug -2017 CONTRACT SERVICES 702.71 ROGERS WIRELESS INC 406935 26 -Jul -2017 CONTRACT SERVICES 2,596.28 ROGERS WIRELESS INC 407505 16 -Aug -2017 UTILITIES 699.69 ROGERS WIRELESS INC 407721 23 -Aug -2017 CONTRACT SERVICES 1,013.86 RUDAN,ZELJKO 406937 26 -Jul -2017 REFUND 2,227.61 RUSSELL TECHNICAL SERVICES INC 406938 26 -Jul -2017 MATERIALS 980.28 SACCO,CHRISTOPHER& SACCO, FREDRICK 407724 23 -Aug -2017 REFUND 1,000.00 SAFE STOR RECORDS MANAGEMENT 406939 26 -Jul -2017 MATERIALS 167.24 SAFE STOR RECORDS MANAGEMENT 407726 23 -Aug -2017 MATERIALS 167.24 SAFETY-KLEEN CANADA INC 407725 23 -Aug -2017 MATERIALS 1,385.00 SALIE,ENVER 407506 16 -Aug -2017 REFUND 50.00 SALVATORE,BEN& SALVATORE, BARB 407727 23 -Aug -2017 REFUND 1,669.20 SAM VISCA ELECTRIC 407753 23 -Aug -2017 CONTRACT SERVICES 141.25 SAMANTHA ARMSTRONG 407728 23 -Aug -2017 SERVICES 204.00 SANI GEAR 406940 26 -Jul -2017 MATERIALS 1,128.31 SANI GEAR 407152 02 -Aug -2017 MATERIALS 2,239.10 SANI GEAR 407324 09 -Aug -2017 MATERIALS 1,400.36 Page 170 of 465 Page 171 of 465 Page 15 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount SANI GEAR 407507 16 -Aug -2017 MATERIALS 1,453.19 SANI GEAR 407926 30 -Aug -2017 MATERIALS 567.83 SARGENT,MELODY 407927 30 -Aug -2017 MATERIALS 250.00 SAROLI,LUCIANO 407153 02 -Aug -2017 REFUND 750.00 SCHACHOWSKOJ, KENT 407154 02 -Aug -2017 TRAVEL/MILEAGE 234.12 SCOTIABANK CONVENTION CENTRE 407729 23 -Aug -2017 MATERIALS 18,726.31 SCOTIABANK CONVENTION CENTRE 407928 30 -Aug -2017 MATERIALS 10,622.00 SCOTT BEST SEWER SERVICES 406941 26 -Jul -2017 CONTRACT SERVICES 762.75 SCOTT BEST SEWER SERVICES 407325 09 -Aug -2017 CONTRACT SERVICES 1,045.25 SCOTT BEST SEWER SERVICES 407508 16 -Aug -2017 CONTRACT SERVICES 745.80 SCOTT BEST SEWER SERVICES 407730 23 -Aug -2017 CONTRACT SERVICES 113.00 SCOTT BEST SEWER SERVICES 407929 30 -Aug -2017 CONTRACT SERVICES 169.50 SCOTT,CHRIS 407509 16 -Aug -2017 MATERIALS 150.00 SEAWAY FLUID POWER GROUP 407155 02 -Aug -2017 MATERIALS 1,973.90 SEAWAY FLUID POWER GROUP 407326 09 -Aug -2017 MATERIALS 1,286.69 SEAWAY FLUID POWER GROUP 407731 23 -Aug -2017 MATERIALS 528.41 SEAWAY FLUID POWER GROUP 407930 30 -Aug -2017 MATERIALS 245.87 SEIBEL,EMILY 407156 02 -Aug -2017 MATERIALS 50.00 SENKERIK FIRE PROTECTION 407327 09 -Aug -2017 CONTRACT SERVICES 884.20 SENKERIK FIRE PROTECTION 407732 23 -Aug -2017 MATERIALS 352.51 SERVICEMASTER CLEAN OF NIAGARA 406944 26 -Jul -2017 CONTRACT SERVICES 122.04 SERVICEMASTER CLEAN OF NIAGARA 407510 16 -Aug -2017 CONTRACT SERVICES 122.04 SERVICEMASTER CLEAN OF NIAGARA 407733 23 -Aug -2017 CONTRACT SERVICES 122.04 SHERRARD KUZZ LLP 407328 09 -Aug -2017 CONTRACT SERVICES 1,504.03 SHRED IT INTERNATIONAL ULC 407157 02 -Aug -2017 CONTRACT SERVICES 109.50 SHRED IT INTERNATIONAL ULC 407329 09 -Aug -2017 CONTRACT SERVICES 277.40 SHRED IT INTERNATIONAL ULC 407931 30 -Aug -2017 MATERIALS 119.92 SIGNATURE SIGNS 406945 26 -Jul -2017 MATERIALS 931.78 SIGNATURE SIGNS 407330 09 -Aug -2017 MATERIALS 449.74 SIGNATURE SIGNS 407734 23 -Aug -2017 MATERIALS 316.40 SIMMONDS,TERESA 407331 09 -Aug -2017 TRAVEL/MILEAGE 155.18 SIMPLISTIC LINES INC 406946 26 -Jul -2017 MATERIALS 2,942.66 SIMPLISTIC LINES INC 407158 02 -Aug -2017 MATERIALS 6,150.28 SIMPLISTIC LINES INC 407511 16 -Aug -2017 MATERIALS 19.87 SIMPLISTIC LINES INC 407735 23 -Aug -2017 MATERIALS 3,119.32 SIMPSON WIGLE LLP 406947 26 -Jul -2017 REFUND 414.28 SKRZESZEWSKI, STAN 407932 30 -Aug -2017 GRANT 360.00 SMITH,ROSSY 407159 02 -Aug -2017 MATERIALS 100.00 SNAP ON TOOLS OF CANADA LTD 406949 26 -Jul -2017 MATERIALS 3,836.35 SNAP ON TOOLS OF CANADA LTD 407332 09 -Aug -2017 MATERIALS 481.10 SNAPD NIAGARA FALLS 406948 26 -Jul -2017 ADVERTISING 339.00 SNAPD NIAGARA FALLS 407736 23 -Aug -2017 ADVERTISING 339.00 SNIDER,WENDY LYNN 407333 09 -Aug -2017 MATERIALS 200.00 SOCAN 407160 02 -Aug -2017 MEMBERSHIP 395.50 SPARTAN RESCUE INC. 407334 09 -Aug -2017 MATERIALS 1,216.84 SPEARE SEEDS 406951 26 -Jul -2017 MATERIALS 4,113.20 SPINKS,MARY 407933 30 -Aug -2017 TRAVEL/MILEAGE 11.88 ST CATHARINES TRANSIT COMMISSION 406954 26 -Jul -2017 MATERIALS 587.60 ST JOHN AMBULANCE 406955 26 -Jul -2017 GRANT 39,062.50 ST JOHN AMBULANCE 406956 26 -Jul -2017 GRANT 2,741.67 ST JOHN AMBULANCE 407974 31 -Aug -2017 GRANT 2,741.67 ST JOHN AMBULANCE 407975 31 -Aug -2017 GRANT 39,062.50 STAMFORD HOME HARDWARE 406952 26 -Jul -2017 STORES/INVENTORY 13.55 STAMFORD HOME HARDWARE 407161 02 -Aug -2017 MATERIALS 28.79 STAMFORD HOME HARDWARE 407335 09 -Aug -2017 MATERIALS 184.41 STAPLES ADVANTAGE 406953 26 -Jul -2017 STORES/INVENTORY 309.99 STAPLES ADVANTAGE 407162 02 -Aug -2017 MATERIALS 109.73 STAPLES ADVANTAGE 407336 09 -Aug -2017 MATERIALS 1,765.26 STAPLES ADVANTAGE 407512 16 -Aug -2017 STORES/INVENTORY 394.50 STAPLES ADVANTAGE 407737 23 -Aug -2017 MATERIALS 2,625.06 STAPLES ADVANTAGE 407934 30 -Aug -2017 STORES/INVENTORY 810.08 STERLING FRAZER ASSOCIATES 407513 16 -Aug -2017 CONTRACT SERVICES 508.50 STEVE LUDZIK FOUNDATION 407337 09 -Aug -2017 DONATION 2,000.00 STEVENSVILLE LAWN SERVICE INC 407935 30 -Aug -2017 CONTRACT SERVICES 56,452.29 STORAGE NIAGARA 407165 02 -Aug -2017 MATERIALS 644.10 STORAGE NIAGARA 407738 23 -Aug -2017 MATERIALS 644.10 STRACUZZI,TONY 407936 30 -Aug -2017 ADVERTISING 100.00 STREAMLINE UPHOLSTERY INC 407166 02 -Aug -2017 MATERIALS 248.60 STUDIO 55 407338 09 -Aug -2017 MATERIALS 1,423.80 SUN LIFE ASSURANCE COMPANY OF CANADA 00099-0007 08 -Aug -2017 PAYROLL REMITTANCE 418,690.79 SUN LIFE ASSURANCE COMPANY OF CANADA 00105-0006 05 -Sep -2017 PAYROLL REMITTANCE 435,807.08 SUNCOR ENERGY PRODUCTS PARTNERSHIP 406958 26 -Jul -2017 FUEL 86,037.68 SUNCOR ENERGY PRODUCTS PARTNERSHIP 407167 02 -Aug -2017 FUEL 42,870.14 SUNCOR ENERGY PRODUCTS PARTNERSHIP 407340 09 -Aug -2017 FUEL 43,281.44 Page 171 of 465 Page 172 of 465 Page 16 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount SUNCOR ENERGY PRODUCTS PARTNERSHIP 407515 16 -Aug -2017 FUEL 50,984.07 SUNCOR ENERGY PRODUCTS PARTNERSHIP 407937 30 -Aug -2017 FUEL 44,676.19 SUPERIOR LAUNDRY SERVICE LTD. 407342 09 -Aug -2017 CONTRACT SERVICES 24.30 SUPERIOR LAUNDRY SERVICE LTD. 407740 23 -Aug -2017 MATERIALS 77.98 SUPERIOR LAUNDRY SERVICE LTD. 407940 30 -Aug -2017 CONTRACT SERVICES 388.74 SUPERIOR PROPANE 407739 23 -Aug -2017 MATERIALS 150.20 SUPERIOR PROPANE 407939 30 -Aug -2017 CONTRACT SERVICES 88.13 SUPERIOR WHOLESALE FOODS 407341 09 -Aug -2017 MATERIALS 961.19 SUPERIOR WHOLESALE FOODS 407938 30 -Aug -2017 MATERIALS 145.80 SURJIT SEKHON 406942 26 -Jul -2017 REFUND 481.27 SYKES LANDSCAPING INC 407941 30 -Aug -2017 MATERIALS 1,011.35 TALK WIRELESS INC 406959 26 -Jul -2017 MATERIALS 14,822.78 TALK WIRELESS INC 407343 09 -Aug -2017 MATERIALS 3,003.49 TALK WIRELESS INC 407516 16 -Aug -2017 MATERIALS 181.25 TALK WIRELESS INC 407741 23 -Aug -2017 CONTRACT SERVICES 2,058.97 TALK WIRELESS INC 407942 30 -Aug -2017 CONTRACT SERVICES 615.29 TAXITAB 406960 26 -Jul -2017 CONTRACT SERVICES 6,006.01 TAXITAB 407742 23 -Aug -2017 CONTRACT SERVICES 7,060.45 TAYLOR,HOLLEY 407943 30 -Aug -2017 REFUND 199.33 TCHERVENELEKOV,SIMEON 407944 30 -Aug -2017 UTILITIES 155.52 TD CANADA TRUST 407945 30 -Aug -2017 REFUND 138.97 TEAM -1 ACADEMY INC 407517 16 -Aug -2017 TRAINING 7,441.05 TECHNICAL STANDARDS & SAFETY AUTHORITY 406961 26 -Jul -2017 CONTRACT SERVICES 257.08 TELUS COMMUNICATIONS COMPANY 407169 02 -Aug -2017 MATERIALS 994.40 TELUS COMMUNICATIONS COMPANY 407344 09 -Aug -2017 MATERIALS 5,574.32 TENAQUIP LIMITED 407345 09 -Aug -2017 MATERIALS 1,820.12 TERMA HOLDINGS INC 406999 26 -Jul -2017 REFUND 11,929.81 TERRAPROBE INC 406962 26 -Jul -2017 MATERIALS 1,017.01 THE BLUE STONES INC 407211 09 -Aug -2017 CONTRACT SERVICES 315.00 THISTLEWAITE YARDWORKS 407346 09 -Aug -2017 CONTRACT SERVICES 410.89 THOMAS,STACEY 407946 30 -Aug -2017 GRANT 350.00 THOMPSON,ROBYN NICOLE 406963 26 -Jul -2017 REFUND 93.36 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 406964 26 -Jul -2017 CONTRACT SERVICES 1,317.30 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 407369 10 -Aug -2017 CONTRACT SERVICES 161.34 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 407743 23 -Aug -2017 CONTRACT SERVICES 1,564.55 TIERCEL TECHNOLOGY CORPORATION 407128 02 -Aug -2017 MATERIALS 14,746.50 TIM HORTON'S STORE 1922 407518 16 -Aug -2017 MATERIALS 156.36 TIM HORTON'S STORE 1922 407947 30 -Aug -2017 MATERIALS 30.29 TOOLBOX 407170 02 -Aug -2017 MATERIALS 30.45 TOOLBOX 407519 16 -Aug -2017 STORES/INVENTORY 395.44 TOOLBOX 407948 30 -Aug -2017 MATERIALS 56.44 TOP NOTCH PROMOTIONAL PRODUCTS INC 407347 09 -Aug -2017 MATERIALS 619.10 TOROMONT CAT 407171 02 -Aug -2017 MATERIALS 9,758.37 TOROMONT CAT 407348 09 -Aug -2017 MATERIALS 972.39 TOROMONT CAT 407520 16 -Aug -2017 MATERIALS 934.40 TOROMONT CAT 407744 23 -Aug -2017 VEH ID#535 578.38 TOROMONT CAT 407949 30 -Aug -2017 MATERIALS 25.04 TRANSAFE TECHNOLOGY 406966 26 -Jul -2017 MATERIALS 1,791.21 TRANSAXLE PARTS (HAMILTON) INC. 406965 26 -Jul -2017 STORES/INVENTORY 1,565.33 TRANSAXLE PARTS (HAMILTON) INC. 407172 02 -Aug -2017 STORES/INVENTORY 350.83 TRANSAXLE PARTS (HAMILTON) INC. 407521 16 -Aug -2017 STORES/INVENTORY 38.91 TRANSAXLE PARTS (HAMILTON) INC. 407745 23 -Aug -2017 STORES/INVENTORY 241.30 TRANSAXLE PARTS (HAMILTON) INC. 407950 30 -Aug -2017 STORES/INVENTORY 696.31 TREMBLAY,KATELYNN 407951 30 -Aug -2017 REFUND 76.90 TRENCHLESS UTILITY EQUIPMENT INC 407952 30 -Aug -2017 MATERIALS 211.88 TRUGREEN 407173 02 -Aug -2017 MATERIALS 494.94 TRUGREEN 407349 09 -Aug -2017 CONTRACT SERVICES 331.09 TRUGREEN 407953 30 -Aug -2017 CONTRACT SERVICES 608.05 TULK,AMANDA 407954 30 -Aug -2017 GRANT 100.00 TURF CARE PRODUCTS CANADA LIMITED 406968 26 -Jul -2017 MATERIALS 388.72 TURF CARE PRODUCTS CANADA LIMITED 407522 16 -Aug -2017 MATERIALS 759.90 TURF CARE PRODUCTS CANADA LIMITED 407746 23 -Aug -2017 MATERIALS 145.09 TURNBULL,ADELE HOPE 406967 26 -Jul -2017 REFUND 16.55 TWARDAWSKY,NICK 407350 09 -Aug -2017 TRAVEL/MILEAGE 106.92 U TECH ENGINEERS INC 406972 26 -Jul -2017 MATERIALS 9,643.42 UCC INDUSTRIES INTERNATIONAL INC 407523 16 -Aug -2017 MATERIALS 17,499.18 ULINE CANADA CORPORATION 406969 26 -Jul -2017 MATERIALS 664.38 ULINE CANADA CORPORATION 407174 02 -Aug -2017 MATERIALS 402.17 ULINE CANADA CORPORATION 407524 16 -Aug -2017 MATERIALS 1,182.18 UNITED RENTALS 407525 16 -Aug -2017 MATERIALS 1,850.50 UNITED ROTARY BRUSH CORPORATION OF CANADA 407175 02 -Aug -2017 MATERIALS 901.74 UNITED WAY 407000 26 -Jul -2017 PAYROLL REMITTANCE 973.00 UNITED WAY 407766 23 -Aug -2017 PAYROLL REMITTANCE 995.00 UPPER CANADA CONSULTANTS 406970 26 -Jul -2017 CONTRACT SERVICES 24,602.63 Page 172 of 465 Page 173 of 465 Page 17 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount UPPER CANADA CONSULTANTS 407527 16 -Aug -2017 CONTRACT SERVICES 7,876.10 UPPER CANADA CONSULTANTS 407747 23 -Aug -2017 CONTRACT SERVICES 5,277.84 UPPER CANADA CONSULTANTS 407955 30 -Aug -2017 CONTRACT SERVICES 5,171.56 URBAN & ENVIRONMENTAL MANAGEMENT INC 406971 26 -Jul -2017 MATERIALS 5,873.47 URBAN & ENVIRONMENTAL MANAGEMENT INC 407748 23 -Aug -2017 CONTRACT SERVICES 14,160.60 URBAN & ENVIRONMENTAL MANAGEMENT INC 407956 30 -Aug -2017 CONTRACT SERVICES 42,770.59 US TEA INC 407749 23 -Aug -2017 REFUND 750.00 V GIBBONS CONTRACTING LTD 407751 23 -Aug -2017 CONTRACT SERVICES 7,322.40 VADIM COMPUTER MANAGEMENT GROUP LTD 407528 16 -Aug -2017 CONTRACT SERVICES 18,821.28 VALUE MUFFLER & BRAKE CENTRE 407529 16 -Aug -2017 MATERIALS 471.00 VAN HOUTTE COFFEE SERVICES INC 407750 23 -Aug -2017 MATERIALS 237.73 VARCOE,DANIEL HERBERT 407957 30 -Aug -2017 REFUND 90.55 VICTOR STANLEY 407530 16 -Aug -2017 MATERIALS 86,767.34 VICTORIA CENTRE BIA 406973 26 -Jul -2017 REMITTANCE 237,500.00 VIKING SECURITY 407176 02 -Aug -2017 MATERIALS 522.06 VILLELLA,MARIO 407752 23 -Aug -2017 MATERIALS 150.00 VITTIE,JANET 407531 16 -Aug -2017 MATERIALS 95.01 VOTH SALES AND SERVICE INC 407352 09 -Aug -2017 VEH ID# 140 3,606.58 VUJOVIC,JOSHUA 406974 26 -Jul -2017 REFUND 127.49 WACHS CANADA LTD 407532 16 -Aug -2017 MATERIALS 816.41 WAJAX EQUIPMENT #30 407177 02 -Aug -2017 STORES/INVENTORY 10,792.00 WAJAX EQUIPMENT #30 407353 09 -Aug -2017 STORES/INVENTORY 975.24 WALKER AGGREGATES INC 406975 26 -Jul -2017 MATERIALS 4,769.68 WALKER AGGREGATES INC 407355 09 -Aug -2017 MATERIALS 1,724.69 WALKER AGGREGATES INC 407533 16 -Aug -2017 MATERIALS 975.74 WALKER AGGREGATES INC 407754 23 -Aug -2017 MATERIALS 6,612.58 WALKER AGGREGATES INC 407958 30 -Aug -2017 MATERIALS 462.19 WALKER ENVIRONMENTAL GROUP INC. 407356 09 -Aug -2017 MATERIALS 162.04 WALKER ENVIRONMENTAL GROUP INC. 407534 16 -Aug -2017 MATERIALS 220.19 WALKER,HARRY& WALKER, SANDRA 407354 09 -Aug -2017 REFUND 171.31 WALTON,SHEILA MAY 407179 02 -Aug -2017 REFUND 455.57 WARRILOW,JACQUELYN 406977 26 -Jul -2017 REFUND 180.90 WARRINER,NATHAN 407959 30 -Aug -2017 MATERIALS 200.00 WASTE MANAGEMENT OF CANADA CORPORATION 406978 26 -Jul -2017 MATERIALS 228.31 WASTE MANAGEMENT OF CANADA CORPORATION 407755 23 -Aug -2017 CONTRACT SERVICES 227.12 WATERS,RON 407756 23 -Aug -2017 MATERIALS 150.00 WEEGAR,JOANNE 406979 26 -Jul -2017 REFUND 139.91 WEINMANN LIMITED 406980 26 -Jul -2017 CONTRACT SERVICES 14,973.68 WEINMANN LIMITED 407180 02 -Aug -2017 MATERIALS 2,350.85 WEINMANN LIMITED 407535 16 -Aug -2017 CONTRACT SERVICES 11,444.23 WERNER'S TREE SPADE 407960 30 -Aug -2017 CONTRACT SERVICES 706.25 WHEELER,SETH 407357 09 -Aug -2017 FUEL 130.00 WHITEHOTS INC. 406982 26 -Jul -2017 MATERIALS 5,827.51 WHITEHOTS INC. 407181 02 -Aug -2017 MATERIALS 2,855.47 WHITEHOTS INC. 407536 16 -Aug -2017 MATERIALS 5,804.39 WHITEHOTS INC. 407757 23 -Aug -2017 MATERIALS 3,967.29 WHITEHOTS INC. 407775 24 -Aug -2017 MATERIALS 874.11 WHITEHOTS INC. 407961 30 -Aug -2017 MATERIALS 293.20 WHITMAN,RON 406981 26 -Jul -2017 MATERIALS 200.00 WIENS,BRAD 407537 16 -Aug -2017 MATERIALS 175.00 WIGLEY,WILLIAM 407758 23 -Aug -2017 REFUND 750.00 WILKES,JOSHUA 407962 30 -Aug -2017 REFUND 31.35 WILLOUGHBY VOLUNTEER FIREFIGHTERS' ASSOCIATION 407759 23 -Aug -2017 LEASES AND RENTS 7,161.38 WINTEMUTE,RACHAEL 406983 26 -Jul -2017 REFUND 183.57 WINTER FESTIVAL OF LIGHTS 406984 26 -Jul -2017 GRANT 28,500.00 WINTER FESTIVAL OF LIGHTS 407976 31 -Aug -2017 GRANT 28,500.00 WOMEN'S PLACE OF SOUTH NIAGARA INC 406985 26 -Jul -2017 GRANT 1,612.50 WORKAUTHORITY 407358 09 -Aug -2017 MATERIALS 150.00 WORKAUTHORITY 407963 30 -Aug -2017 MATERIALS 300.00 WORK EQUIPMENT LTD 407359 09 -Aug -2017 MATERIALS 1,535.42 WORLDWIDE TURF INC 407760 23 -Aug -2017 CONTRACT SERVICES 330,958.20 WSIB 406986 26 -Jul -2017 REMITTANCE 5,119.30 WSIB 407182 02 -Aug -2017 REMITTANCE 4,946.85 WSIB 407183 02 -Aug -2017 PAYROLL REMITTANCE 778.89 WSIB 407360 09 -Aug -2017 REMITTANCE 21,202.96 WSIB 407538 16 -Aug -2017 REMITTANCE 1,433.14 WSIB 407964 30 -Aug -2017 REMITTANCE 3,551.41 WSIB 407965 30 -Aug -2017 PAYROLL REMITTANCE 742.27 WSP CANADA GROUP LIMITED 406987 26 -Jul -2017 MATERIALS 35,949.32 XPLORNET COMMUNICATIONS INC 406988 26 -Jul -2017 SERVICES 192.08 XPLORNET COMMUNICATIONS INC 407762 23 -Aug -2017 SERVICES 96.04 YELLOW PAGES GROUP 407361 09 -Aug -2017 ADVERTISING 530.49 YMCA OF NIAGARA 407184 02 -Aug -2017 CONTRACT SERVICES 1,157.16 YMCA OF NIAGARA 407539 16 -Aug -2017 MATERIALS 4,145.47 Page 173 of 465 Page 174 of 465 Page 18 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount YMCA OF NIAGARA 407763 23 -Aug -2017 MATERIALS 1,925.00 YMCA OF NIAGARA 407966 30 -Aug -2017 CONTRACT SERVICES 12,269.35 YOUNG,RO 406989 26 -Jul -2017 REFUND 750.00 YWCA NIAGARA REGION 406990 26 -Jul -2017 GRANT 4,277.75 YWCA NIAGARA REGION 407977 31 -Aug -2017 GRANT 4,277.75 ZABAL,CHRISTINE 406991 26 -Jul -2017 REFUND 144.74 ZAMBONI COMPANY LTD 407541 16 -Aug -2017 CONTRACT SERVICES 2,019.31 ZHOU,PERRY HONG 407967 30 -Aug -2017 REFUND 10.90 ZI EMKIEWICZ, DOROTHY 406992 26 -Jul -2017 REFUND 202.48 Total 40,572,841.31 Page 174 of 465 Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2017-25 Banking Contract Renewal RECOMMENDATION F-2017-25 September 26, 2017 That the City of Niagara Falls renew its banking agreement with Scotiabank for a period of five (5) years effective October 1, 2017. EXECUTIVE SUMMARY The Municipal Act requires that municipalities review their banking agreements every five years. Staff reviewed the Corporation's needs with the existing provider. This review resulted in expanded services, a guarantee of no fees for the contract term and an increase on the rate of return on deposits held by the bank on the City's behalf. Staff are recommending proceeding with this agreement. BACKGROUND Municipalities are required under the Municipal Act to review its banking arrangements every five years. The City's current contract with Scotiabank concludes this year and is subject to renewal at the present time. Staff undertook a review of the services provided by its current provider as well as considering improvements that may be possible. ANALYSIS/RATIONALE Financial services provided to the City are in two main forms. The primary service that a financial institution provides is the traditional banking services. These services include secure cash management, processing payments and deposits and transparent reporting of all municipal accounts. These services are subject to the renewed contract term. In our review, staff approached the existing supplier to determine what improvements could be made to the services. These discussions resulted in a proposal that increased the interest rate earned on all daily bank balances, enhanced electronic services, including positive pay and payee match and eliminated all of the current and future service charges for the term of the contract and any extension periods. Page 175 of 465 F-2017-25 September 26, 2017 The second primary service that financial institutions provide is the investment of surplus short term cash deposits and long term reserves. The City developed an Investment Policy a number of years ago and amended it in 2013 . The amendment to the original policy required that staff engage a competitive process for short term investments. It should be noted that the existing practice of receiving competitive bids for short term investments has been successful and will continue when the new policy is drafted. This policy is being reviewed as the Province of Ontario is revising the types of investments municipalities can utilize. Staff's intention is to review and modify the existing Investment Policy once those changes are known. Once the new Investment Policy is complete, staff will seek Council approval. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff's recommendation is to renew with the existing service provider, Scotiabank for a term of 5 years. This recommendation will result in a cost reduction of approximately $10,000 annually and will ensure that no new charges will be incurred as technology changes the City's processes. Similarly, enhanced cash deposit rates will improve investment income modestly and will be enhanced by the existing competitive process for short term investments. Likewise, the disruption and cost of transitioning to another financial system is avoided. Any transition to a new institution requires significant staff time. Recommended by: Respectfully submitted: Todd Harrison, Director of Finance Ken Todd, Chief Administrative Officer Page 176 of 465 Niagara,aIl�s REPORT TO SUBMITTED BY: Mayor James M. Diodati and Members of Municipal Council Legal Services L-2017-18 September 26, 2017 SUBJECT: L-2017-18 New Niagara South Hospital Proposed Transfer of Vacant Land Montrose Road and Biggar Road Intersection Our File No. 2017-121 RECOMMENDATIONS That Council approve the Transfer Agreement between Niagara Health System and the City and proceed to transfer the lands shown in red on Attachment "1" to this Report, on terms to be confirmed. 2. That the Mayor and Acting City Clerk and City Solicitor be authorized to take whatever actions and sign whatever documents are required to complete the transaction. EXECUTIVE SUMMARY Description: Part of Lot 1, Broken Front Concession, Crowland, designated as Parts 1 and 2 on Reference Plan 59R-15870; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being part of PIN 64262-0096 (LT) Total Area: The total area of the entire parcel to be transfered for use as a hospital site is 20.168 hectares or approximately 50 acres Zoning: Rural Agricultural (RA) Type of Property: Vacant Land Location: Corner of Montrose and Biggar Roads, Niagara Falls Appraised Value: For Part 1, the 30 acre parcel: $450,000.00 to $500,000.00 per acre, for a total price of $13,500,000.00 to $15,000,000.00 For Part 2, the 20 acre parcel: $525,000.00 to $575,000.00 per acre, for a total price of $10,500,000.00 to $11,500,000.00 Combined Total Value: $24.000.000.00 to $26.500.000.00 Purchase Price: $11,000,000.00 Page 177 of 465 2 -%C@3:(r]:1011J Z I lr. L-2017-18 September 26, 2017 In 2013, the City entered into a Memorandum of Understanding with Josefa Grassl concerning the acquisition of 30 acres of land near the intersection of Biggar Road and Montrose Road. The lands in question were intended to be donated by the Grassl family to the City. The City, in turn, would transfer the 30 acres to Niagara Health System. The Niagara Health System would then build a hospital upon the site. In December, 2015, Niagara Health System informed the City of new requirements concerning the minimum size of a hospital site. The new model of hospital site envisions a site large enough that a replacement hospital can be built on the site without the old hospital having to close down during the construction period. This new model of hospital site requires 50 acres of land. As the Grassl family owned considerable land in the area of the initial donation, the Mayor and City Staff approached the family with a view to obtaining the additional 20 acres. The Grassl family was not prepared to convey the additional 20 acres as a donation. However, they were prepared to sell the additional 20 acres to the City at what they consider to be the market price. Towards that end, the family ordered an appraisal of the property and a purchase price of $11,000,000.00 was agreed to by the parties. On June 27, 2017, the City acquired the required 50 acres of land from Josefa Grassl. In accordance with the Letter of Intent, and amendments thereto, entered into by the City and Niagara Health System in February, 2017, which set out the terms and conditions upon which the City was willing to gift a 100% freehold interest in the property to Niagara Health System for the purposes of developing a hospital, the City and Niagara Health System have been negotiating in good faith, the terms of a transfer agreement (the "Transfer Agreement"). While the Transfer Agreement on its face is a reasonably standard transfer agreement, there are some clauses that warrant highlighting. These include: The parties agree that the transfer of the property will be a gift and no charitable tax receipts or non -monetary consideration will be delivered by Niagara Health System to the City in connection therewith; 2. In the event that Niagara Health System has not commenced construction of the development on or before January 1, 2027, the City shall have an option to repurchase the lands for $1.00 provided that notice of its intent to exercise this option has been delivered prior to any construction commencing; 3. The City covenants to use reasonable efforts to perform the following functions in respect of the property (without limitation) all within the timeframes required by Niagara Health System, both prior to and following the completion of the transfer: Page 178 of 465 3 L-2017-18 September 26, 2017 a. To support, with a positive recommendation to Council, an application by Niagara Health System for a zoning by-law amendment or minor variance, if necessary to permit the development; b. To provide access to and from the property from both Biggar Road and Montrose Road; c. To provide the appropriate servicing for the intended use to the property including, without limitation, water services, sanitary sewers and storm sewers (or storm water management pond) and to facilitate the servicing of hydro and gas facilities, and underground wiring; and d. To assist Niagara Health System with all municipal approvals including, any required building permits and/or site plan approval as may be required for the development; and 4. The parties agree to engage in good faith discussions with respect to the type of recognition to be provided to the City and to Josefa Grassl. Once the Transfer Agreement has been executed, the lands can be transferred to Niagara Health System and the development of a new regional hospital can begin. ANALYSIS/RATIONALE The subject lands are required for the establishment of a new regional hospital in Niagara Falls. The hospital is anticipated to have a significant financial impact upon the City of Niagara Falls. FINANCIAL IMPLICATIONS The City purchased these lands for $11,000,000.00. The appraised value far exceeds the expenditure. In the event that the hospital development does not proceed by 2027, the City has the option to repurchase the property for $1.00. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to stimulate the local economy. ATTACHMENT Attachment "1" — Map of the Lands Recommended by: Ken Beaman, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer KB Attachment Page 179 of 465 C6" z 0 gig is 'I ln '2 a BENE U- fig 3,24 0 xg 0z 151 Lu 0 -- 0— 4� E EEO t Page 180 of 465 AN qTm A SAMIA01 3ltl NL&AtAG (QHY-ACM aw w 3Jwh46llY MON 1YRUM) (26 MON WHOWN) GV08 aSOMINGH ------------------------ -------------- - 107, eussvlx cn CL < L — — — — — — — — — — < --------------- ------- P1 J jig 0. IL 107 as P gigax ------------------------ — — — — — — — — — — — — — 107 139tZI-H69 NVId I LUVd Page 180 of 465 Niagaraialls REPORT TO: SUBMITTED BY SUBJECT: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS -2017-24 Marshall Road at Ort Road Intersection Control Review RECOMMENDATION TS -2017-24 September 26, 2017 That the curved road segment of Marshall Road that connects the south approach of Ort Road and the west approach of Marshall Road be removed. EXECUTIVE SUMMARY Due to restricted sight lines and the potential for vehicle conflicts along the curved Marshall Road segment at Ort Road, Staff recommends that the segment be removed and that all drivers use the tee -intersection of Marshall Road and Ort Road. BACKGROUND City Staff received a concern regarding the lack of visibility for eastbound left turning drivers on Marshall Road at the northern junction of Ort Road. The concern stems from opposing drivers not being seen until they clear the forested area along the curve in the road. The majority of the trees are on private property and cannot be removed or trimmed accordingly. Marshall Road and Ort Road are both classified as arterial roads. The configuration of the northern intersection of Marshall Road and Ort Road is unique such that there are three intersections within a short distance. The primary intersection is in a "T" configuration with north and south approaches on Ort Road, and a west approach on Marshall Road controlled by a stop sign facing eastbound motorists. The through movement is via a curved segment of road that connects the south approach of Ort Road and the west approach of Marshall Road. The minor road approaches are controlled with a yield sign. Drivers on the curved segment have the right-of-way. The surrounding land uses consist of sparse residential and agricultural lands. Properties adjacent to Marshall Road and Ort Road in the study area are forested with large trees flanking both sides of Ort Road and the south side of Marshall Road. The speed limit of both roadways is 70 km/h. Various signs are present providing guidance Page 181 of 465 TS -2017-24 September 26, 2017 to motorists including chevron and 40 km/h advisory speed signs around the curved channel, object markers identifying the triangular grass island, a yield sign facing southbound motorists on Ort Road at the channel and a stop and checkerboard signs facing eastbound motorists on Marshall Road at Ort Road. ANALYSIS/RATIONALE The existing tree line along the inner edge of the Marshall Road right-of-way does not permit drivers to see one another at the minimum required sight distance. This poses a safety risk to an eastbound driver turning left (the through movement is actually a continuous right turn while a left turn is actually a straight through movement) from Marshall Road onto the stem road en route to Ort Road. The opposing north to westbound driver may not be able to slow down or stop while the eastbound driver is in the midst of carrying out their turn. The majority of trees are on private property and a significant number of trees would need to be removed to establish required sight lines. Although the curve segment is signed with a 40 km/h advisory speed, drivers can traverse it at the speed limit under favourable road and weather conditions. This area carries approximately 350 cars daily for both directions combined. The area is becoming busier as Chippawa continues to develop and drivers use the rural roads to/from the Welland area and other southern tier municipalities. These drivers would be carrying out a left turn from Marshall Road onto the stem road to proceed to Ort Road North as it provides the most direct route into Chippawa. Staff explored making the curved segment of Marshall Road that connects the south approach of Ort Road and the west approach of Marshall Road as a one-way southbound movement only. In this scenario, northbound drivers would be required to proceed north on Ort Road and carry out a 90 -degree left turn onto Marshall Road. Appropriate regulatory signs, such as one way and do not enter signs, and directional signs would be installed and road markings would also be applied to advise northbound drivers that they are not permitted to enter the curve segment. The proposed changes will eliminate the concern with the lack of proper sight lines for eastbound left turn vehicles as there will not be any opposing traffic when they make their turn. However, Staff has concerns that the installation of signs and application of road markings alone may be confusing regarding right-of-way if the curved segment is only permitted for one direction of travel. Further, northbound drivers may become complacent and still travel on the curved section out of habit, especially if they only use the route infrequently, or disobey the signs out of convenience. An all -way stop would not be an appropriate traffic control for this intersection given the curvilinear road segment and low traffic volumes. Staff is recommending that the curved segment of Marshall Road that connects the south approach of Ort Road and the west approach of Marshall Road be removed. In this case, the pavement would be removed so that there is no suitable driving surface available. All drivers will be required to proceed through the northern intersection of Page 182 of 465 3 TS -2017-24 September 26, 2017 Marshall Road and Ort Road, which is controlled by a single stop sign on Marshall Road. The pavement will be removed in the autumn as there is pavement work already scheduled in the area. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The removal of the pavement will be carried out through a Municipal Works capital program and is estimated to cost $35,000 - $40,000. Various signs will be installed or removed. The labour and material costs are accounted for in the approved 2017 General Purposes Budget. Installing and removing all required signs is estimated to cost approximately $1,000. CITY'S STRATEGIC COMMITMENT Encourage multi -modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Page 183 of 465 Conflict point with eastbound driver making a left turn Existing through movements Road section to be removed Proposed through movements Niagaraialls REPORT TO: SUBMITTED BY SUBJECT: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS -2017-30 Glendoone Street - Parking Review RECOMMENDATIONS TS -2017-30 September 26, 2017 1. That a "no parking" zone is established on the north side of Glendoone Street between Arlington Avenue and Gainsborough Avenue; and, 2. That 15 -metre corner "no parking" restrictions is established on the south side of Glendoone Street on both sides of Springdale Avenue. EXECUTIVE SUMMARY The parking prohibited zone is warranted given that park users are parking on both sides of Glendoone Street as close as they can to Springdale Avenue. The recommended parking restriction is to ensure that there is adequate clearance at all times for drivers and emergency personnel to respond to a distress call. BACKGROUND City Staff received a request to review the parking situation on Arlington Avenue, Glendoone Street and Gainsborough Avenue, south of Huggins Street. Currently parking is permitted on both sides of Arlington Avenue, Glendoone Street and Gainsborough Avenue during the day. The concern is that park users, particularly for youth soccer events on weekends, are parking on both sides of the road. This reduces the road clearance for one lane of through traffic, and creating difficulty for homeowners to access or leave their driveways. There were also concerns expressed that parked vehicles may obstruct emergency vehicles en route to a distress call, for either the homeowners or park participants. Arlington Avenue, Glendoone Street and Gainsborough Avenue, south of Huggins Street are local roads that are 7.6 metres wide with curbing on both sides. There are no sidewalks. E.E. Mitchelson Park is located south of the study area via Springdale Avenue. Three (3) parking facilities are present for Mitchelson Park (via Springdale Avenue, St. John Street and Windermere Road) totalling more than 200 vehicles. Page 185 of 465 TS -2017-30 September 26, 2017 Parking is prohibited on both sides of Springdale Street, which is the main entry into the park. ANALYSIS/RATIONALE Staff carried out observations and noted that park users are primarily parking on both sides of Glendoone Street when activities are held at the park and when the parking lots are fully occupied. Drivers were also noted parking within the intersection curb return and in the signed "no parking" zone on Springdale Avenue. The resulting clearance is sufficient for one lane of through traffic. There is little parking activity observed on Arlington Avenue and Gainsborough Avenue, other than on the first day of soccer in May when all players attended an orientation session. Questionnaires were distributed to all residents of Arlington Avenue, Glendoone Street and Gainsborough Avenue, south of Huggins Street. The results of the questionnaires are as follows: Arlington Avenue 16 Residents petitioned 5 Responses, for a 31 % response rate Maintain the existing parking Establish a "no parking" zone at all times Establish a "no parking" zone on Saturday, Sunday and Holidays, May 1 to October 31 Page 186 of 465 3 Glendoone Street 23 Residents petitioned 13 Responses, for a 57% response rate TS -2017-30 September 26, 2017 Maintain the existing parking Establish a "no parking" zone at all times Establish a "no parking" zone on Saturday, Sunday and Holidays, May 1 to October 31 Gainsborough Avenue 16 Residents petitioned 4 Responses, for a 25% response rate Maintain the existing parking Establish a "no parking" zone at all times Establish a "no parking" zone on Saturday, Sunday and Holidays, May 1 to October 31 The response rate achieved from Glendoone Street residents meets the minimum requirements. Almost all the Glendoone Street respondents preferred that some form of parking control be established on the street with an equal amount of respondents preferring a seasonal restriction versus a year-round restriction. More residents for the entire study area preferred to have a parking prohibition installed at all times rather than on weekends during the summer time. To that end, Staff is recommending that a "no parking" zone to be in effect at all times is established on the north side of Glendoone Street and 15 -metre corner "no parking" restrictions be established on the south side of Glendoone Street at Springdale Avenue. The restriction on the north side was chosen as it would so that drivers park on the south side and this does not entail persons having to cross Glendoone Street. The response rate from Arlington Street and Gainsborough Avenue are well below the minimum criteria. In the event motorists migrate onto Arlington Street and Gainsborough Avenue for parking following the implementation of the proposed restrictions on Glendoone Street, Transportation Staff can follow up with another parking review in consultation with area residents. Residents on the three roads were advised of Staffs recommendation through a hand - delivered letter. A response from 7 Glendoone Street residents was received. However, an equal split remains between homeowners preferring a seasonal restriction against a year-round restriction. One resident raised the option of permit parking for residents on the north side, however this does not address the situation with vehicles parked on both sides of the road. Further, Staff contacted the Niagara Falls Soccer Club (NFSC) which is based out of Mitchelson Park. NFSC Staff has no objections to the proposed parking controls. They noted that they have the same concerns with parked vehicles which could potentially obstruct first responders in the event of an emergency. Page 187 of 465 4 TS -2017-30 September 26, 2017 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the parking prohibition signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2017 General Purposes Budget. It is estimated that the cost to install the signs is approximately $1,000. CITY'S STRATEGIC COMMITMENT Encourage multi -modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Page 188 of 465 v m 00 0 h TS -2017-30 ..... Existing "No Parking" Zone Glendoone Street Proposed "No Parking" Zone Parking Review rroRTx Niagaraialls REPORT TO: SUBMITTED BY SUBJECT: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Transportation Services TS -2017-32 RFP for Pay By Phone Parking RECOMMENDATION TS -2017-32 Sept 26, 2017 1) That council award the contract for Pay by Phone for a one (1) year pilot project with the option to renew for an additional 4 years to Honk Mobile 2) That the Mayor and City Clerk be authorized to execute the necessary Agreement. EXECUTIVE SUMMARY The City of Niagara Falls issued a request for proposal for a service provider allowing the public to utilize smart phone app technology to pay for parking at all on -street parking meters and off-street hourly municipal parking lots. The City of Niagara Falls received 5 RFP submissions for the pay by phone proposal. A group of staff members from Parking Services, Information Systems and Finance reviewed and rated the proposals independently as well as a panel of individuals from each area for the presentation of the applications. Honk Mobile being the most successful in the scoring due to their thorough proposal, robust application, knowledge in the industry and extensive history in the Canadian market of paid parking for both private and public facilities. Pay By Phone app allows the public to pay for parking using an app downloaded onto their smart phone or from a computer without attending an on street parking machine. The app also allows for reminders to the public when paid parking will be expiring and provide the opportunity to add time without having to return to the vehicle from their current location. The projected rollout date for Pay by Phone product has been planned for a soft release in December 2017. This will allow for Parking Services to incorporate up coming rate adjustments, such as standard flat rate event parking, extended stay rates and off season discount parking (to be proposed in future report to council in October). By allowing for the potential approved changes to take effect prior to a product release, Honk Mobile can maximize its parking program to meet the needs of the City of Niagara Falls parking structure. Page 190 of 465 TS -2017-32 Sept 26, 2017 BACKGROUND In a continued effort to improve the customer service with the paid parking experience, staff issued a request for proposal for a service provider allowing the public to utilize smart phone app technology to pay for parking at all on -street meters and off-street hourly parking lots. The City of Niagara Falls received 5 RFP submissions for the pay by phone proposal. A group of staff members from Parking Services, Information Systems and Finance reviewed and rated the proposals independently as well as a panel of individuals from each area for the presentation of the applications. Honk Mobile being the most successful in the scoring due to their thorough proposal, robust application, knowledge in the industry and extensive history in the Canadian market of paid parking for both private and public facilities. Though other submissions were similarly well received, Honk provided the best overall product for public ease of use, user set up, product roll out timelines and customer support for both the municipality and the public. The Pay By Phone app allows the public to pay for parking using an app downloaded onto their smart phone or from a computer without attending an on street parking machine. The mobile parking payment app also allows for automatic text message reminders to the public for when paid parking will be expiring and provide the opportunity to add time without having to return to the vehicle from their current location. This is an excellent feature that allows the public to extend their paid time without fear of receiving a parking infraction and is very helpful for those attending dinner, events or appointments that are longer than expected. Honk Mobile, the successful bidder demonstrates a solid product with more than 150,000 users providing paid parking opportunites in most communities along the golden horseshoe from Ottawa to Buffalo, NY. Honk Mobile has been adopted by the City of St. Catharines, the City of London and the City as Oshawa as their pay by phone parking app provider. Those who currently have the app can search in advance of parking opporunties in any city supported by the app through address search or opening up a local map inside the application. Using this app allows a more convenient method of purchasing time for parking by elimating the need to look for change and reduces the customer's exposure to variable weather conditions. The app matches existing parking fees found at on street meters and lots and provides the same revenue stream as using the traditional Pay and Display machines. A $0.25 sent fee is associated with the transaction on the vendor side when using the app and is not absorbed by the municipality. The app provides a visual map for customers to see where the app can be used for paid parking as well as signs posted in all areas demonstrating the parking zone associated with the app. The product also allows for the municipality and vendor to work with local merchants who wish to provide parking fee discounts on future visits. Page 191 of 465 3 TS -2017-32 Sept 26, 2017 Parking Enforcement using the same existing methods utilized in their ticketing devices for verifying pay by plate can validate paid customer parking from the Honk Mobile App. Honk Mobile provides all signs and advertising for the lauch of the product in all areas of the city as well as media releases and advertising through their mobile app. The projected rollout date for Pay by Phone product has been planned for a soft release in December 2017. This will allow for Parking Services to incorporate upcoming rate adjustments such as standard flat rate event parking, extended stay rates and off season discount parking (to be proposed in future report to council in October). By allowing for the potential approved changes to take place first, Honk Mobile can maximize its release to meet the needs of the City of Niagara Falls parking structure. The mobile app allows each section of the city to be designed in zones which allows the product to incorporate the different rate structures currently in place and allow parking services to maintain the distinctions in parking environments such as tourist areas, BIAs and hospital locations. ANALYSIS/RATIONALE The product provides a safe and convenient opportuntity for the public to pay for parking electronically without increasing costs to the City of Niagara Falls. All onstreet rates are reflected on the Mobile app including changes for reduced rates or standard flat rate purchases. FINANCIAL IMPLICATIONS Use of the mobile pay by phone parking app could generate more revenue in parking by providing more convenience and easy repeat parking opportunities once the app is set up. In addition to possible revenue increases, the use of pay by phone app can reduce overall costing on meter maintenance and collections. There is also the potential for considerable capital budget cost savings due to reduced purchases of standard Pay and Display machines which average $8,000.00 to $9,000.00 each. Honk Mobile covers the cost of signs and advertising. Standard credit card processing costs would still be borne by the City and are the same as the fees that are charged for using a credit card at the pay and display machine. An additional fee to the customer of $0.25 is processed during the transaction and is associated with revenue for the mobile app provider. Those not wishing to pay the additional fee would still have the opportunity to utilize traditional paid parking methods on street. Page 192 of 465 4 TS -2017-32 Sept 26, 2017 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities; to provide a convenient, cost effective and customer friendly parking system based on the User Pay philosophy. Attachments N/A Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer PB Page 193 of 465 FIRE DEPARTMENT Inter -Departmental Memo To: Bill Matson Acting City Clerk From: Jim Boutilier Fire Chief Date: September 11, 2017 Re: Fire Prevention Week 2017 Please arrange to have the attached Proclamation placed on the September 26, 2017 Order of Business for Council. It is requested that the week of October 8 to October 14, 2017 be proclaimed as "Fire Prevention Week". This year's theme is "Every Second Counts: Plan Two Ways Out!". JB:tc Attach. A Great City ... For Generations To Come Page 194 of 465 City of Niagara Falls Mayor's Proclamation WHEREAS the City of Niagara Falls is committed to ensuring the safety and security of all those living and visiting our City; and WHEREAS fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk to fire; and WHEREAS nearly 3,000 people die each year as a result of home fires; and WHEREAS roughly two-thirds of home fire deaths resulted from home fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS residents who have planned and practised a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS the National Fire Protection Association recommends at least one smoke alarm on every level of the home (including the basement), outside all sleeping areas, and in all bedrooms; and WHEREAS informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public's safety from home fires; and WHEREAS Niagara Falls first responders are dedicated to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS the 2017 Fire Prevention theme for this period is "Every Second Counts: Plan 2 Ways Out". NOW THEREFORE, I James M. Diodati, Mayor of Niagara Falls, do hereby proclaim October 8" to 14th, 2017 as Fire Prevention Week; and FURTHER, encourage all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2017 and to support the many public safety activities and efforts of the Niagara Falls Fire Department; and FURTHER, challenge all residents to take responsibility for their fire safety and check their homes and ensure that they have a working smoke alarm on every floor of their house and outside their sleeping areas, as well as at least one working carbon monoxide alarm and have planned and practised their home escape plan. Page 195 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, September 19, 2017 9:09 AM To: Teresa Fabbro Subject: FW: Special Event Application - Jewish Festival (Oct 9) Attachments: Chol Hamoed Sukkot 2017 Street Closure application for fireworks.JPG; Certificate of Insurance Chabad Niagara Event Oct 8-9.pdf Please list as a Communication- For the Consideration of Council. From: Rabbi Zalman[mailto:Rabbi@jewishniagara.com] Sent: Sunday, September 17, 2017 2:15 PM To: Mathew Bilodeau Cc: Brian Dickson; Bill Matson; Philip Rudachuk Subject: Re: Special Event Application - Jewish Festival (Oct 9) Hello Mathew - Attached is the street closure application. Additionally, i have attached our certificate of insurance for this event. I have a separate certificate of insurance from the Fireworks company for the city for their fireworks, that i will submit to Brian Dickson tomorrow, along with the fireworks application, and all the other info he requested. As per your recommendation, i hereby request any application fees, street closure fees be waived. Jewish Niagara is a registered charity by the CRA. This event is FOR the community, BY the community. Furthermore, this general event (holiday services throughout these three days, as well as all the other events we are creating during this period) will bring an influx of several thousands visitors to the city of Niagara Falls. This is a FREE event. I look forward to your confirmation of receiving this application... Zalman 905.650.3493 On Thu, Sep 14, 2017 at 1:52 PM, Mathew Bilodeau <mbilodeau@niagarafalls,ca> wrote: Rabbi Zaltzman, Thank you for discussing your proposal. I do not foresee any issues regarding the request to close a section of Allendale Avenue to facilitate your fireworks display on Monday, October, 9th, for a short duration. Can you please complete the attached special events application form (for use of the road allowance). Secondly, have your insurer complete the attached special events insurance form. Please note that the City will only accept our insurance certificate to be completed. It will need to coveryour event for $5 million general liability. Page 196 of 465 Lastly, please note the estimated cost forth requested road closure is approximately $150. As discussed, you may wish to include an additional item in your request letter to Council for a waiver of fees associated with the road closure Please let me know if you have any questions or concerns. Regards, Mathew Bilodeau, C.E.T. Manager of Transportation Engineering City of Niagara Falls {905) 356-7521 ext. 5204 mbilodeau Pniagarafalls.ca From; Shneur Zalrnan [mailto:infoC&jewishniagara.corn] Sent: Thursday, September 14, 2017 1:12 PM To: Mathew Bilodeau Subject: Fwd: Street closure Pls call me 905-650/3493 Sent from my iPhone Begin forwarded message: From: Shneur Zalman info kjewishniagara.com> Date: September 14, 2017 at 1:05:32 PM EDT To: jgrubich j niagarafalls.ca Subject: ,Street closure 2 Page 197 of 465 Hello John - This is rabbi zaltzman from the synagogue. We are hoping to have a fireworks display on Monday oct 9 for the Jewish festival on our property. We need a 100 foot radius as outlined in the attached site plan. The only way we can achieve that is by closing Alandale for approx the 10 minutes of the show. Brian Dickson, chief fire prevention officer has agreed to all other terms. This is the last obstacle. Your timely response will be greatly appreciated. Zalmmn - cell 905-650-3493 'N;4i a�ir�a�►;7a�Ils -"" p 7 v.allr.r www. niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Chabad Lubavitch Niagara 12 Wood -Dale Drive S. Catharines, ON L2T 1 Y8 t 905.3 5 6.7200 f 289.807.1981 www.JewishNiaizara.com www.Jewish.Brock. coin All information in this e-mail, including attachments, is strictly confidential and intended solely for delivery to and authorized use by the addressee(s) identified above. if you are not the intended recipient, please take notice that any distribution or copying of this e-mail is unauthorized. If you have received this e-mail in error, please notify me and delete this e-mail (and any attachments) from your computer. Thank you. Page 198 of 465 STANDARD CERTIFICATE OF INSURANCE This form must be completed and signed by your Insurer or insurance broker. Note: I. Proof of insurance will be accepted on this form only (with no amendments). 2. Insurance company must be licensed to operate in Canada. This is to certifv that the Insured. named below. Ic insured ac dacrrihart helnw Insured: Name & Address: ,Jewish Niagara O/A Chabad Lubavitch Niagara 12 Woad Dale Drive, Niagara Falls, ON L2T 1Y$ Telephone Number (905) 650-3493 Fax Number. , Llmits of L•iabitity!#mounts " ( ) MIA Location and nature of operation or contract to which this Certificate applies: i'.. Jewish Festival October 8,2017 & October 9, 2017 Eitpiry Type of Insurance Company &Policy ,°; Policy Dafes„, , Llmits of L•iabitity!#mounts " Fax number: i'.. Effective Eitpiry Name of authorized representative or official (please print): Signatur�pSa I;per repro. a or official: IF?YtJ '; Lisa Leveque II lel ftmd Inc. Section 1 - primary Intact Insurance March 29/17 March 29/18 Bodily Injury& Property Damage Commercial General 501345194 $ 2.000L000 Inclusive Liability (Occurrence Basis) $ 5.000.000 Aggregate $ 1.000 Deductible Section 2 N/A N/A NIA Bodily Injury & Property Damage Automobile Liability $ NIA Inclusive Section 3 N/A NIA NIA Excess I Umbrella $ spa Inclusive Section 4 Additional Insureds as required by contract: 1. The Corporation ofthe City of Niagara Falls 2. Other. PROVISIONS I AMENDMENTS I ENDORSEMENTS: A. Commercial General Liability Insurance (and Excess, if any) Is extended to include the following coverage: Cross Uabllity and Severability of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products/ Completed Operations, Personal Injury, and Nan -owned Automobile Liability. B, With respect to the Commercial General Liability Insurance (and Excess, if any), THE CORPORATION CF THE CITY OF NIAGARA FALLS, its ottEcers andior officlals, employees and volunteers (and "other" entillos as outlined in Section 4 above) have been added as Additional Insureds but only with respect to liability arising out of the operations of the Named Insured, C. The Commercial General Liability Insurance (and Excess, if any) Pollcy(tes) identified above shall protect each Insured In the same manner and to the same extent as though a separate poliey has been issued to each, but shall not increase the Limits of Liability as identified about beyond the amount or amounts for which the company would be liable if there had been only one Insured. Any failure to comply with any provision of the insurance policy by the Named Insured shall not affect coverage provided to The Corporation of the City of Niagara Falls. D. The policy(fes) identified above shall apply as primary insurance and not excess to any other insurance available to THE CORPORATION OF THE CITY OF NIAGARA FALLS. E. If cancelled or changed to reduce the coverage as oulgned on this Certificate, during the period of coverage as stated herein, thirty (30) days (ten (10) days If cancellation Is due to non-payment of premium) prior written notice by registered mail will be given by the Insurer(s) to: THF, CORPORATION OF THE CITY of NIAGARA FALLS LEGAL SERVICES 4310 QUEEN STREET, P.O. BOX 1023 NIAGARA FALLS, ONTARIO 1_2E e16 This certificate is executed and issued to the aforesaid Corporation of the City of Niagara Falls, the day and date herein written below. Name or Insurance company or broker (completing form): Olsen-Sottile Insurance Brokers Inc. Tolephono number: (905) 357-2140 Address: 4307 Queen Street, Niagara Falls, ON 12E 2K9 Fax number: (905) 357-4996 Name of authorized representative or official (please print): Signatur�pSa I;per repro. a or official: IF?YtJ Date (year, month, day): Lisa Leveque II lel ftmd Inc. 2017/C9115 PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS F IIIILGNd 11f NO 1QAE_7T_&)' Page 199 of 465 AMANDA TODD LEGACY 'THE DREAM Or HELPING KIDS' amandatoddlegacy.org linfo@anrandatoddlegacy.org 1' October 10, 2017 Please join the Amanda Todd Legacy Society and participate in our fifth annual awareness event Light Up Purple for World Mental Health Day. This event is supported by the World Federation for Mental Health, at whose initiative World Mental Health Day was first celebrated in 1992 on October 10`h. The theme for 2017 is "Mental Health in the Workplace". Mental health, such as depression, in the workplace affects 350 million people globally. (Depression costs more for employers than is spent on effectively managing it. Employees suffering in silence are burdened with the inability to access appropriate treatment or will not receive treatment at all. Investing in mental health will reduce the burden and increase the quality of so many lives. Speaking out about mental health is needed to reduce stigma and ensure that no one feels alone in their fight for mental wellness, We would be honored if you would join us this year for Light Up Purple. We are pleased to have seen increased involvement with this event over the past four years, and the awareness it is bringing to mental health and wellness around the world. Buildings, landmarks and bridges across Canada, the USA and Internationally have been illuminating for'Light Up Purple'. We hope to see all our previous supporters, along with new ones, tight up purple on October 10f", proclaim and build awareness for World Mental Health Day, and wear or do something purple themed. The Amanda Todd Legacy is a non-profit society that focuses on awareness and the well-being of individuals with respect to prevention and awareness relating to bullying, cyber abuse and internet safety as well as resources and education that encourage mental wellness and healthy living. Standing together as one we can make a difference for everyone. By educating and empowering children and adults, we advocate for change to avoid more casualties. We, as caring communities of parents, youth, families, friends, classmates, co-workers and neighbors, must stand together and #MakeTodayPositive. Together we can show the entire world by lighting up purple that we say NO to bullying and the stigma of mental illness. Please join us this year and help to make a #Global Difference in the awareness surrounding mental health this October 10th. Carol Todd Founder of the Amanda Todd Legacy Society #MakeTodayPositive Page 200 of 465 Teresa Fabbro From: Carey Campbell Sent: Thursday, August 24, 2017 5:10 PM To: 'Carol Todd Admin Team'; Bill Matson; Teresa Fabbro Cc: Darla Jones (dajones@niagarapars.com) Subject: RE: City of Niagara Falls - Light Up Purple for World Mental Health Clay Attachments: 2017LU PLetter.pdf Dear Kristina: Many thanks for your email requesting a proclamation for World Health Day. I am including our Acting City Clerk, Bill Matson, here, as well as Teresa Fabbro in his office to help facilitate your proclamation request. Additionally, regarding your request to illuminate the falls itself, I'm including Darla Jones of the Niagara Parks Commission to help get your request in front of the illumination Board. Thank you for writing and for including Niagara Falls! Kind regards, caret' GAREY CAMPBELL Executive Orficet Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 cca m pbe IM n rag a rafa I I s. ca See more of Mayor Jim of F-171-�Iflfflmw From: Carol Todd Admin Team[mallto:lightuppurpleatis@gmall,com] Sent: Wednesday, August: 16, 2017 2:05 ANE To: Jim Diodati Cc: Joanne Greenwood Subject: City of Niagara Falls - Light Up Purple for World Mental Health Day Mayor Diodati and Council, World Mental Health Day, on October 10th, is widely recognized around the world. We invite you to show your support for mental health by participating in our 5th annual awareness event, Light Up Purple. Bridges, buildings and structures illuminate in purple lights; cities proclaim the date as World Mental Health Day in their communities; schools and businesses wear and/or decorate in purple. You'll find our official invitation attached for your reference. The World Federation for Mental Health's theme for 2017 is mental health in the workplace. We respectfully request that Mayor & Council issue a Proclamation in support of World Mental Health Day. Cities across Canada, the United States and Internationally can bring much needed attention to the significance of purple and mental health & wellness. In addition or as an alternative to a proclamation, the lighting in purple of buildings, bridges and or landmarks within your city, encouragement of discussions related to mental health and the importance of seeking help, and participation in other purple ways (clothing, ribbons, balloons, cupcakes) is greatly encouraged and appreciated. We are thankful for all of our past supporters across Canada, throughout the United States, and Internationally (http://Iighttippurple.com/supporters-2016/) and hope that the participation and awareness will continue to grow this year, Page 201 of 465 The Amanda Todd Legacy Society is a non-profit society that focuses on awareness and the well-being of individuals with respect to prevention and awareness relating to bullying, cyber abuse and internet safety as well as resources and education that encourage mental wellness and healthy living. Together we can make a global difference and #MakeTodayPositive for everyone! Thank you for your consideration, We look forward to hearing from you. Sincerely, Kristina Marrington Project Lead, Light Up Purple 2017 www.lightuppurl)le.com https,-//www.facebook.coni/lightuppurple,t?ref=br rs https://twitter.com/Li htiJg pPurnle Page 202 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, August 29, 2017 2:47 PM To: Teresa Fabbro Subject: FW: Action Required: Feedback on Code of Conduct Attachments: CLK-C-2017-77 Feedback on Code of Conduct.pdf Importance: High Teresa, The attached is for the Sept 26th meeting and just listed as a Communication "For the Information of Council" Bill From: Bill Matson Sent: Monday, August 28, 2017 4:45 PM To: Ken Todd, Dale Morton Subject: FW: Action Required: Feedback on Code of Conduct ;importance: High Ken, I'm not sure if we need to share this information with our Council? Bill From: Devos, Natasha [mai Ito: Natasha. Devos n aciarareg ion.ca] Sent: Friday, August 25, 2017 4:04 PM To: Adam Cross; Ashley Grigg; Bill Matson; Bonnie Nistico-Dunk; Carolyn Langley; Donna Delvecchio; Hazel Soady- Easton; Carol Schofield; Nancy J. Bozzato; Peter Todd; Tara Stephens; William Kolasa Cc: Bubanko, Laura Subject: Action Required: Feedback on Code of Conduct Importance: High Good Afternoon Please be guided by the attached letter. Should you have any questions, please do not hesitate to contact Laura. Natasha Natasha L. Devos, BA, CMM h Deputy Regional Clerk Office of the Regional Clerk Niagara Region 1815 Sir Isaac Brock Way, P.O. Box 1042 Thorold, ON L2V 4T7 1 Page 203 of 465 Administration Nia ara RegionOffice of the Regional Clerk g b• 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www, n iagararegio n. c a August 25, 2017 LOCAL AREA MUNICIPALITIES SENT ,ELECTRONICALLY RE: Feedback Requested on Niagara Region Code of Conduct for Members of Council Minute Item 6.1.1, CL 10-2017, July 6, 2017 (Special Council) Regional Council at its special meeting held on July 6, 2017, passed the following resolution: 1. That Report PBLRC 04-2017 being the Open Session minutes of the Procedural By - Law Review Committee meeting held on Tuesday, May 16, 2017 BE RECEIVED; 2. That the correspondence item PBLRC-C 11-2017 BE REFERRED to the next Integrity Commissioner for comment and recommendations based on feedback from Councillors, public delegations and local area municipalities and received at a meeting of the Committee of the Whole before consideration of Council; and 3. That Correspondence Item CL -C 72-2017 being a memorandum from N. Devos, Acting Regional Clerk, dated July 6, 2017, respecting information related to Consolidated Proposed Code of Conduct Documents BE REFERRED along with PBLRC-C 11-2017, The Integrity Commissioner is now in place at Niagara Region and he has indicated that he would like all responses/feedback to be compiled by the Region for forwarding together for review. He has requested this occur by October 2, 2017, if possible, to enable the Integrity Commissioner time for review and recommendation to Regional Council. It is respectfully requested that your municipality provide feedback to the Region by September 29, 2017. Copies of PBLRC-C 11-2017 and CL -C 72-2017 are attached for your information. Yours truly, Laura Bubanko Regional Clerk CLK-C-2017-77 Ad Encl. Page 204 of 465 A.IRD Ey BERLIS t.0n Barristers and Solicitors John Mascarin Direct: 416.865.7721 E-mail: jmascarin@airdberlis.com May 10, 2017 PBLRC-C 11-2017 Our File No.: 133915 Chair Caslin & Members of the Procedural By-law Review Committee Regional Municipality of Niagara 1816 Sir Isaac Brock Way Tharold, ON L2V 4T7 Dear Chair Caslin and Committee Members: Re: Report on Niagara Region's Revised Code of Conduct and Accountability Framework Ill rzis1�09j, On December 8, 2016, Council of the Regional Municipality of Niagara ("Niagara Region") passed a resolution that the Procedural By-law Review Committee ("PBRC") review and update Niagara Region's Code of Conduct for Members ( "Code of Conduct"). On January 31, 2017, the PBRC approved a recommendation to engage our services to conduct a review of the Code of Conduct in consultation with the PBRC. The review process by the PBRC has been composed of three meetings, which have included: a thematic discussion of the Code of Conduct and associated procedures; • a public meeting conducted by the PBRC to receive feedback and comments from the public on the Code of Conduct; and • a final meeting at which this report is to be presented to the PBRC for consideration and possible submission to Council. Council's existing Code of Conduct is Appendix "A" to its Procedural By-law. The existing Code of Conduct was first enacted on January 18, 2013 when Council passed By-law No. 06-2D13 to amend the Procedural By-law. It has been revised several times. B. BACKGROUND 1. Code of Conduct A municipality is entitled to establish a code of conduct pursuant to section 223.2 of the Municipal Act, 2001.1 A code of conduct is the document by which a municipal council establishes and maintains standards of appropriate conduct to foster public confidence and trust. In Municipal Ethics Regimes, Gregory J. Levine describes the purpose of a code of conduct as follows: 1 B.C. 2001, c. 25, as amended. Brookfield Place, 181 Bay Street, Suite 1800, Bax 754 - Toronto, ON • M5J 21-9 = Canada T416.863.1500 f416.863.1515 Page 205 of 465 May 10, 2017 Page 2 Codes of ethics in the public sector are intended to promote integrity in public affairs and to provide guides to acceptable behaviour. They are intended to gain and retain public confidence and trust in public institutions. They are intended to help ensure that decision-making is fair, that information is appropriately shared and confidences maintained; that public resources are properly used; and that office is properly attended, acquired and utilized. Codes are about promoting fairness at large, and avoiding corruption and corrupt influences. They are intended to promote a public service imbued with a sense of public purpose and propriety .2 As far back as 2010, Council considered it appropriate to establish a code of conduct to set out its policy for the proper conduct of its elected officials in order to ensure that members of Council behaved and conducted themselves in an ethically responsible and acceptable manner. It is our view that a code of conduct establishes a standard set of requirements to guide members of Council so that they comport themselves in a manner that is acceptable to their residents, taxpayers and alf others, and that fosters public confidence in their integrity, honesty and professionalism since they are representatives of Niagara Region. A code of conduct is not an encyclopaedia and doesnot, and is not meant to, address in specific and express in detail each and every instance of ethical behaviour. Rather, a code of conduct sets out general standards which serve to guide councillors' behaviour and provide a standard against which the public may view and assess councillors' actions. 2. Statutory Authority to Establish a Code of Conduct Niagara Region's authority to establish the Code of Conduct is found in the accountability and transparency provisions of Part VA of the Municipal Act, 2001. These provisions were modeled after those found in Part V of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A. Part V of the City of Toronto Act, 2006 was added as a direct result of Justice Denise Bellamy's public inquiry report in the Commission of the Toronto Computer Leasing Inquiry, Toronto Computer Leasing Inquiry/Toronto External Contracts Inquiry.' Justice Bellamy's report included a large number of recommendations and advocated for an expanded municipal code of conduct, the hiring of a full-time Integrity Commissioner who would report directly to city council, a gift registry and a number of other enhancements to improve the accountability and transparency of government in the City of Toronto (including additional accountability officials). 2 Gregory J, Levine, Municipal Ethics Regimes, (5t. Thomas, Ontario: Municipal World Enc., 2009} at 7, 3 Denise E. Bellamy, Commission of the Toronto Computer Leasing inquiry, Toronto Computer Leasing InquirylToronte External Contracts Inquiry (Toronto: City of Toronto, 2005), AIRD & BERLIS ruv Page 206 of 465 May 10, 2017 Page 3 The Municipal Statute Law Amendment Act, 20064 made significant amendments to the Municipal Act, 2009. The amendments implemented a recognition of municipalities as responsible and accountable governments and provided them with enhanced general powers and authorities. This additional authority was counterbalanced by the inclusion of Part V.1 — Accountability and Transparency into the statute to ensure that municipalities acted appropriately and responsibly within an ethical and accountability framework. Part V.1 is proposed to be significantly amended by Bill 68 — Modernizing Ontario's Municipal Legislation Act, 2017, As of the writing of this report, Bill 68 has been ordered for Third Reading and its enactment is expected imminently. We have taken into account the proposed statutory amendments and have attempted to the best of our ability to address issues so as to ensure the proposed Code of Conduct complies with the anticipated amendments to the Municipal Act, 2001 and the Municipal Conflict of Interest Act. While municipalities are granted broad authority to enact by-laws in respect of the "accountability and transparency of the municipality and its operations and of its local boards and their operations" under subsections 10(2) and 11(2) of the Municipal Act, 2001, the specific powers in Part V.1 set out the authority for codes of conduct and for integrity officers to carry out their functions. Section 223.2 of the Municipal Act, 2009 authorizes municipalities to establish codes of conduct for members of council.' The statute does not prescribe the contents of a code of conduct. A municipality is accordingly left to determine the ethical standards to govern the actions and behaviour of its own members of council, While municipalities now have the authority to establish codes of conduct, it is anticipated that forthcoming amendments to the Municipal Act, 2001 will impose a mandatory requirement on all municipalities to establish a code of conduct.' It is also proposed that the Province will retain onto itself the authority to prescribe certain mandatory contents for codes of conduct for all municipalities. 4 S.O. 2006, c. 32, as amended. 5 Section 223.2.of the Municipal Act, 2001 provides for the establishment of a code of conduct for members of municipal council: Code of Conduct 223.2 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality. (2) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence. e Bill 68 proposes to amend section 223.2 of the Municipal Act 2001 to: (a) require all municipalities to implement codes of conduct for members of council and local boards; and (b) reserve onto the Province the ability prescribe certain mandatory requirements that are to be included in a municipal code of conduct. l BIRD & BERLIS r.r.r Page 207 of 465 May 10, 2017 Page 4 3. Niagara Region's Existing Code of Conduct Niagara Region's original Code of Conduct was originally established on September 24, 2010, when Council passed By-law No. 120-2010, which included an Appendix "A", Code of Conduct for Members of Council. On January 17, 2013, Council enacted By-law No. 06-2013 to amend the procedural by- law. This amendment consisted of replacing Appendix "A", Code of Conduct for Members of Council, which is the Code of Conduct in its current substantive form 7 On October 10, 2013, Council passed By-law No. 109-2013 to amend the procedural by- law, and which repealed By-law No. 06-2013 and again replaced Appendix "A", Code of Conduct for Members of Council. By-law No. 01-2014 once again amending the procedural by-law by including a minor addition to the Code of Conduct. Council promulgated a Complaint Protocol when it passed By-law No. 91-2013 on August 2, 2013. The Complaint Protocol was later repealed by Council by By-law No. 31-2015, On July 2, 2015, Council passed By-law No. 65-2015 to amend the procedural by-law, which established the current complaint procedure as outlined in Appendix "A", Code of Conduct for Members of Council.' 4. The Role and Function of an Integrity Commissioner An Integrity Commissioner is a statutory official created pursuant to section 223.3 of the Municipal Act, 2001: Integrity Commissioner 223.3 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to, 7 Appendix "A" consisted of the following sections: Purpose of the Code of Conduct; Scope of the Code of Conduct; General Principles; Foster Respect for Decision-making Process; Release of Confidential Information Prohibited; Avoiding Conflict of Interest and Unethical Behaviour; Compliance with the Municipal Conflict of Interest Act and Avoidance of Conflicts; Respect, Truth, Honesty and Integrity; Pursuit of Excellence; Gifts and Benefits, and; Complaint Procedure. B The Code of Conduct provides as follows: Complaint Procedure The procedure for filing complaints alleging that a member of Council has contravened the Code shall be governed by the policies of Council as amended from time to time. Niagara Region's webpage, entitled Code of Conduct for Members of Council, contains various information and documents respecting complaints under the Code of Conduct, including a link entitled "Submit a complaint" that sets out the "Complaint Process for Council Code of Conduct" (see https:llwww.niagararegion. calpovernmeni/counclI/code-of-conductlsubmit-complaint. aspx). a f pa 3 AIRD & BERLIS LEP Page 208 of 465 May 10, 2017 ?age 5 (a) the application of the code of conduct for members of council (b) the application of any procedures, rules and policies of the municipality ... governing the ethical behaviour of members of council; or (c) both of clauses (a) and (b).s The Municipal Act, 2001 does not explicitly describe an Integrity Commissioner's role. An effective Integrity Commissioner system provides: (1) an advisory service to assist councillors and staff seek advice before they act, and (2) an investigative or enforcement service, to examine conduct alleged to be an ethical breach.10 it is important to note that the Integrity Commissioner is an independent statutory officer of the municipality who reports directly to Council. Council cannot direct the Integrity Commissioner in carrying out his or her duties. The role and function of the Integrity Commissioner should be free of any political interference. Furthermore, a code of conduct can only be enforced if an Integrity Commissioner is appointed. We are aware that there are municipalities which have established codes of conduct but have not appointed Integrity Commissioners. It is our view that the scheme of fart V.1.of the Municipal Act, 2001 provides that the enforcement of a code of conduct can only be effectively undertaken if an Integrity Commissioner is appointed." C. INPUT FROM THE PUBLIC, THE PBRC AND MEMBERS OF COUNCIL In preparing the proposed Code of Conduct, we took into account the views and input as expressed by the PBRC, members of Council and the public. As a general theme, the proposition that councillors should be fully accountable to members of the public was universally supported, There was also a consensus among members of the public and members of Council that the new Code of Conduct must incorporate well-defined procedures for dealing with contraventions in order to ensure that the process is fair and transparent, and that all procedures related to the complaint process are clearly laid out for the benefit of members of Council and the public. There was also broad support for the appointment of an independent Integrity Commissioner. 12 9 An Integrity Commissioner is one of five accountability officers set out in the Municipal Act 2001 (which include the municipal Ombudsman, Auditor General, Lobbyist Registrar and Closed Meeting Investigator). Bill 68 proposes that a municipality must either appoint an Integrity Commissioner or make arrangements for the services of an Integrity Commissioner to be provided for its residents. 1° Di Blase v. Vaughan (City) Integrity Commissioner (2016), 55 M.P.L-R- (5th) 173 (Ont. Div. Ct.) at para. 22. 1t Bill 68 proposes that the services of an Integrity Commissioner will be made mandatory for all municipalities in Ontario. 12 In one instance, it was suggested that the Integrity Commissioner should be an elected position. We note that subsection 223.3(1) of the Municipal Act, 2001 specifically contemplates that municipal councils "appoint" an Integrity Commissioner. It is not an elected office. t t ) AIRD & BERLIS Page 209 of 465 May 10, 2017 Page 6 1. Application of the Code of conduct We heard from both members of the public and members of the PBRC with respect to the applicability of the Code of Conduct to members of Council: should the Code of Conduct apply to members of Council at all times or only when the member of Council is "on duty" (i.e. acting in his or her official capacity as a member of Council at meetings, etc.). Several members of the public expressed the opinion that the Code of Conduct should apply to members of Council at all times. One individual stated that Council members should be treated like doctors, police officers, social workers and teachers, and accordingly their conduct should be judged at all times. Several individuals noted the difficulty of differentiating between a council member's own "personal" time and the time during which the Council member is acting in his or her official capacity. These individuals were clear that councillors should be held accountable for all comments made publicly, whether in person, at public meetings or through social media, as a council member's representative role is full-time. We also heard from others who expressed concern that holding a councillor to the Code of Conduct in his or her free time would be unfair. These individuals argued in favour of stipulating that the Code of Conduct only apply to councillors when they are acting in their official capacity. Some members of the PBRG concurred with this view, pointing out that members of Council are paid on a part-time basis. Defined Terms Several members of the public and PBRC asked that the Code of Conduct include definitions for key terms. Some participants asked that all terms in the Code of Conduct be defined. In general, codes of conduct typically contain some defined terms but the definitions are not extensive. We have included some additional defined terms in the proposed Code of Conduct in order to assist with the interpretation of the document. 3. Complaint Process We heard the public express a desire that political partisanship be kept out of the complaint process, and that unmeritorious complaints be dealt with expeditiously and summarily. The PBRC was very clear that frivolous, vexatious and abusive complaints/requests for investigation should be summarily dismissed and that the Integrity Commissioner should have clear authority to do so. A number of specific submissions with respect to the complaint process were received throughout the consultation process. It was suggested that the complaint process incorporate or maintain the following: • establish clear criteria for filing complaints include guidance for assessing the validity of a complaint provide for a "pre -meeting" or informal complaint process to be followed before the Integrity Commissioner is asked to engage in a formal complaint process i 3 MRD & BERLIS rry Page 210 of 465 May 10, 2017 Page 7 • provide an opportunity for the councillor to respond to the complaint before the Integrity Commissioner issues his or her final report • impose a fixed timeline for the Integrity Commissioner's report to be included on Council's agenda • stipulate how often the Integrity Commissioner must report to Council with an overview of the number of complaints received, dismissed, outstanding and ruled upon • impose a time limit within which complaints must be filed from the date of the alleged contravention or breach of the Code of Conduct We were also provided with a variety of other suggestions specifically addressing the issue of frivolous and vexatious complaints, which were sometimes contradictory. For example, it was suggested by some individuals that the Code of Conduct impose certain requirements or limits on complaints, while others suggested that all complaints should be investigated. We heard that the Code of Conduct and complaint process should: impose a refundable fee for filing a complaint for the purpose of deterring frivolous complaints • impose a moratorium on complaints before elections in order to prevent the use of the complaint process for partisan or political purposes • impose a limit on the number of complaints investigated per year per complainant • provide that all complaints be treated as legitimate and accordingly that all complaints be fully investigated Additionally, we received a range of suggestions with respect to the confidentiality of the complaint process. A number of these suggestions conflicted with one another. For example, we were advised that the Code of Conduct and complaint process should: • prohibit councillors from filing complaints respecting other councillors • provide that the identity of the complainant be publicly disclosed • permit anonymous complaints • provide that an original, un -redacted copy of the complaint be publicly available • provide that investigations should remain strictly confidential • provide that the results of the process be made public Finally, we also received requests to increase public outreach and education as part of the complaint process and ethical accountability framework. AI>7o & BpRLIS LLP Page 211 of 465 May 10, 2017 Page 8 4. Form & Structure Although the current Code of Conduct contains a majority of the substantive terms and provisions that are typically found in other municipal codes of conduct, the format and structure left something to be desired. It was suggested that the Code of Conduct be presented in a list format instead of in paragraph form. The current Code of Conduct does not contain section numbers which makes it difficult to reference." We have created a numbered listing in the Code of Conduct. 5. Social Media With respect to the use of social media by members of Council, we received a range of comments from the community. While there were some persons who commented that the Code of Conduct should permit councillors to enjoy, unabated, their right to freedom of speech, the vast majority recommended that councillors posting on social media must remain professional and respectful, and must not post racist or discriminatory content. We understand that the Region currently does not have a social media policy for members of Council. We would recommend that Council consider adopting such a policy to further guide regional councillors. 6. Additional Requirements for Members of Council It was recommended that a requirement be imposed as part of the Region's accountability and transparency system that Council members undergo periodic mandatory diversity training. It was also suggested that the Council member's duties under the Municipal Conflict of Interest Act be reviewed at the beginning of every meeting in order to remind councillors of their duty to disclose direct or indirect pecuniary Interests in matters before Council or committees. Public Meeting We received various correspondence forwarded to us directly that expressed a great degree of disappointment and frustration with the public meeting conducted by the PBRC on April 11, 2017. In particular, a number of persons complained about the strictures imposed at the meeting and the Chair's handling of deputations from the public, including allowing a Council member to address the PBRC as a resident and reserving that member's ability to speak last, as well as allowing the same member and other persons to speak directty to specific instances and investigations when the clear direction to the public at the commencement of the meeting was to refrain from doing so and others were admonished for doing so, 13 For example, the downloadable Request for Investigation Form/Affidavit that is available on-line contains a box (in paragraph 2) that provides the complainant with the direction to "specify section(s) of the Cade of Conduct" that is alleged to have been contravened. However, the Code of Conduct does not actually number its main provisions, This does not invalidate the Code of Conduct in any way but it certainly does not make it user-friendly for complainants. AIRD & BERLIS LLP Page 212 of 465 May to, 2017 Page 9 A number of persons commented that the meeting, purportedly called to receive representations from the public, appeared to be orchestrated to allow a particular view to be propagated. D. BEST PRACTICES FROM OTHER MUNICIPALITIES We reviewed municipal codes of conduct from approximately two dozen municipalities across the province in order to identify best practices from other municipalities. We conducted this review recognizing that no two codes of conduct would be identical since they are intended to reflect local concerns which will differ in . each municipality and geographical region. The inclusion of a purpose statement and/or principles as well as a list of other applicable legislation governing the conduct of members of Council was consistent in the vast majority of other codes of conduct.'" Most codes of conduct included a definitions sectidn. The breadth of defined terms varied significantly, with some codes of conduct defining only two or three key terms (usually "child", "parent" and "spouse" to incorporate with definitions under the Municipal Conflict of Interest Act) and others providing a more extensive list of definitions including definitions for terms such as "frivolous," "vexatious" and "good faith", as well as "lobbyist", "in camera", "confidential information" and "pecuniary interest". We also noted stipulations in a number of codes of conduct providing that they were to be given "broad, liberal interpretation in accordance with applicable legislation and the definitions set out herein."15 These codes often emphasized that their contents were "illustrative and not exhaustive." Some codes of conduct explicitly referenced the fiduciary role of councillors as "public trustees." 14 It should be noted that the purpose of a preamble and the articulation of key principles is to provide an interpretive guide to the operative. provisions of the Code of Conduct and not to create stand-alone obligations. Much like the recitals to a by-law, a preamble establishes a general framework for the understanding of the responsibilities of elected officials under a code of conduct. The principles of a code of conduct are not intended to create operate, stand-alone obligations — in general, the intent of the principles or a purpose clause is to assist with the interpretation of the code of conduct and to provide guidance to both members of council and public. For example, while many of these codes of conduct state that members of council are governed by other legislation such as the Criminal Code, municipalities are obviously not able to deal with Criminal Code allegations since these are laws established by the federal Parliament and are therefore outside of a municipality's jurisdiction to enforce, t5 We note that the principle of "broad and liberal" interpretation of statutes is codified in subsection 64(1) of the Legislation Act, 2006, S.Q. 2006, c, 21, Sched. F: Rule of liberal interpretation 64 (1) An Act shall be interpreted as being remedial and shall be given such fair, large and liberal interpretation as best ensures the attainment of its objects. AIRD & BERLIS rue. Page 213 of 465 May 10, 2017 Page 10 We noted that most codes of conduct include certain standard provisions relating to matters such as the role of members of council, policies about the use of municipal property, rules about election activity and a statement of penalties that may be recommended by the integrity Commissioner following an investigation into a contravention of the code of conduct.t6 The codes of conduct we reviewed frequently included a statement providing that "members are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny." E. PROPOSED CODE OF CONDUCT The proposed Code of Conduct (and the accompanying Complaint Protocol) are the result of review and consideration of feedback from residents of Niagara Region, members of Council and the PRBC, in addition to a review of best practices from other municipal codes of conduct. The proposed Code of Conduct maintains the basic principles of the existing Code of Conduct, but has been reformatted and now includes section numbers and lists where appropriate for ease of reference. The proposed Code of Conduct is comprised of seventeen sections: 1.0 Application 2.0 Statement of Principles 3.0 Definitions 4.0 Responsibilities of Council 5.0 General Obligations 6.0 The Rale of Staff 7.0 Regional Property 8.0 Gifts and Benefits . 9.0 Confidentiality 10.0 Discrimination and Harassment 11.0 Improper Use of Influence 12.0 Conflicts of Interest 13.0 Council Policies and Procedures 14.0 Election Activity 16 While subsection 223.4(5) of the Municipal Act 2009 specifically enumerates the penalties that Council may impose if a councillor is found to have contravened the applicable code of conduct, a municipality may nevertheless choose to include these penalties in its code of conduct so that the penalties for contravention are easily accessible for councillors and the public, i i ,f'1IRD & BERLIS LLP Page 214 of 465 May 10, 2017 Page 11 15.0 Respect for the Code of Conduct 16.0 Penalties for Non -Compliance with the Code of Conduct 17.0 Complaint Protocol Additional language was added to further define and clarify the Code of Conduct's provisions. Section 3.0 - Definitions provides a number of defined terms within the Code of Conduct. For example, "non -pecuniary interest" has been specifically defined in order to clarify the circumstances under which councillors' non -pecuniary interests are engaged. Other terms such as "conflict of interest," "fiduciary", "frivolous" and "vexatious' have also been defined. In other instances, certain sections such as sections 4.0 - Responsibilities of Council, 7.0 - Regional Property and 14.0 - Election Activity have been imported into the document, as the inclusion of these provisions appeared to be contained in many, if not most, of the other municipal codes of conduct we canvassed. Inclusion of these sections serves to restate the law from other statutes (such as the Municipal Dections Act, 1996) for ease of reference and also ensures that members' obligations are incorporated explicitly and not just by reference. While we heard conflicting opinions about whether or not the Code of Conduct should apply to members of Council at all times or only while members of Council are acting in their official capacity or when carrying out their council obligations, we opted to maintain Council's approach in the existing Code of Conduct. Accordingly, the proposed Code of Conduct seeks to recognize the representative capacity of elected office and ensure that members of Council act at all times in accordance with the Code of Conduct. PROPOSED COMPLAINT PROTOCOL The proposed Complaint Protocol is Appendix 1 to the Code of Conduct.'? It sets out a process that is in keeping with the principles of procedural fairness in this context.{' The intent of the proposed Complaint Protocol is to properly balance the desire to curb frivolous and vexatious complaints while at the same time not imposing policies that will have a chilling effect on complaints. The Complaint Protocol also seeks to 17 Bill 66 proposes to authorize integrity Commissioners to have a role with respect to the interpretation and application of sections 5, 5.1 and 5.2 of the Municipal Conflict of InterestAct. The rules relating to this aspect of the Integrity Commissioner's powers are quite different than a complaint under a code of conduct and will require its own separate complaint protocol or procedure. We have reserved the space in the proposed Code of Conduct for Appendix 2 which will be a form of form of Complaint Protocol for requests for inquiries pursuant to the Municipal Conflict of Interest Act, 18 For more information on the content of procedural fairness owed in the context of a code of conduct for municipal councillors, please see the Ontario Divisional Court's decision in Di Siase v. Vaughan (City), supra note 10. a i BIRD & BERI.tS ruP Page 215 of 465 May 10, 2017 Page 12 maintain the Integrity Commissioner's duty of confidentiality found in sections 223.5 and 223.6 of the Municipal Act, 2001, Part A of the proposed Complaint Protocol sets out an informal process that may be pursued by complainants and members of Council, either with or without the involvement of the Integrity Commissioner, before a formal complaint is filed. This informal process is not a precondition or prerequisite to pursuing the formal complaint process. Section 1 of the proposed Complaint Protocol stipulates the information that must be included when a formal complaint is filed. The proposed Complaint Protocol provides that complaints will be filed with the Clerk, who must in turn forward the complaints to the Integrity Commissioner. The proposed Complaint Protocol also lists and explains the types of complaints that are outside of the Integrity Commissioner's jurisdiction, for example criminal matters or if the complaint relates to a decision of Council or a local board as a whole and not one or more individual members, The proposed Complaint Protocol prescribes a number of timelines. Pursuant to section 4 of the proposed Complaint Protocol, the Integrity Commissioner shall report annually to Council on all complaints received and on their disposition. Section 10 of the proposed Complaint Protocol provides that the Integrity Commissioner must report to the complainant and the councillor named in the complaint within 90 days of the official receipt of the complaint. Similarly, sections 8 and 13 of the proposed Complaint Protocol impose a moratorium on complaints being referred to the Integrity Commissioner and Integrity Commissioner's report to Council, respectively, after the fourth Friday in July in a municipal election yeah" Section 7 of the proposed Complaint Protocol sets out the investigative steps to be followed by the Integrity Commissioner, In conformity to the principles of procedural fairness appropriate in this context, the Integrity Commissioner is under no obligation to disclose the identity of the complainant or any witnesses unless it is essential for the member of Council to be able to adequately respond to the complaint. The Complaint Protocol contemplates an opportunity for both the member of Council to provide a written response to the allegations and the complainant to provide a written reply to the member's response within a set timeframe. The proposed Complaint Protocol also provides that if the Integrity Commissioner determines that there has been no contravention of the Code of Conduct or that a 19 Bill 68 proposes to create new subsections 223.4(7) to (9) of the Municipal Act, 2001 to provide that an Integrity Commissioner is required to terminate all ongoing inquiries, cannot accept new inquiries and cannot report to the council after nomination day for a regular election. The municipality would similarly not be permitted to consider whether to impose penalties for a contravention of the Code of Conduct after nomination day. Section 5 of the Municipal Elections Act, 1986 provides that the voting day in a regular election is the fourth Monday in October in an election year (which is every fourth year starting in 2006). Section 31 of the Municipal Elections Act, 1996 provides that nomination day for a regular election is the fourth Friday in July in an election year. AIRD & BERUS LLP Page 216 of 465 May 10, 2097 Page 13 contravention occurred but the councillor took all reasonable measures to prevent it, it was trivial, it was committed through inadvertence or it resulted from an error of judgment made in good faith, the Integrity Commissioner may state so in a report and can take such matters into consideration in making appropriate recommendations pursuant to the Municipal Act, 2009, G. ACCOUNTABILITY FRAMEWORK BY-LAW We have also prepared a draft by-law, entitled the Accountability Framework By-law, that essentially establishes the office of the Integrity Corn missioner for Niagara Region and the various accountability services he or she is to provide. It is an updated and refreshed version of now -repealed By-law 91-2013 — Integrity Commissioner lay -law. The previous version of now -repealed By-law 91-2-13 included much of the procedural steps and rules that we propose to include in the Complaint Protocol as Appendix 1 to the Code of Conduct. In our view, attaching the Complaint Protocol to the Code of Conduct achieves a greater level of transparency and accessibility, since the procedural rules governing the process would be more readily available to members of Council and the public. The draft by-law addresses matters related to the selection, appointment, removal and resignation of the Integrity Commissioner as well as a recommended fixed term of office for this statutory officer. We have also added a two-thirds majority requirement for the removal of the Integrity Commissioner during his or her term of office, H. CONCLUSIONS The policies contained in the proposed Code of Conduct and Complaint Protocol are the result of our review of the statutory framework governing the accountability and transparency provisions of municipalities in Ontario, their codes of conducts and complaint procedures and accountability office by-law; a consideration of comments received from members of the public and members of Council; and our analysis of best practices in other municipal codes of conduct and ancillary documents. - As noted above, we have also, to the date of writing, kept apprised of the progress and status of the proposed amendments to the municipal accountability framework in Bill 68. We have provided our recommendations and have drafted the proposed Code of Conduct, the Complaint Protocol and the Accountability Framework By-law in order that they comply with Bill 68 in its current ordered -for -Third -Reading format. We expect that there will be a transition period for the amendments to be implemented so that modifications can be made as needed. Ultimately, the final form and content of Niagara Region's revised Code of Conduct are at the discretion of Council. However, the policies proposed in the enclosed Code of Conduct, Complaint Protocol and Accountability Framework By-law reflect a concerted effort to balance the wide range of comments, suggestions and approaches that were advanced throughout the review process dictated by Council, while at the same time i ,4 AIRD & BERLIS rr.P Page 217 of 465 May 10, 2017 Page 14 taking into account the constraints of the law and the spirit and intent of the policies in Niagara Region's existing Code of Conduct. We respectfully submit the foregoing. Yours truly, AIRD & BERLIS LLP MACO-t Joh Mascar�n ~ /MTBIc. Encl. Appendix A - Code of Conduct Appendix B Complaint Protocol: Code of Conduct Appendix C Accountability Framework By-law 29074466.4 i i AIRD & BERLIS LLP Page 218 of 465 Appendix A Code of Conduct Page 219 of 465 REGIONAL MUNICIPALITY OF NIAGARA CODE OF CONDUCT FOR MEMBERS OF COUNCIL [MAY, 2017] D1.0 Application 1.1 This Code of Conduct applies to Members of the Council of Niagara Region, including the Regional Chair. 1.2 The purpose of this Code of Conduct is to establish a general standard to provide R a common basis for the acceptable conduct of Members and to which all Members are expected to adhere to and comply with. This Code of Conduct augments other laws which Members are governed by and which requires Members to follow the Procedural Py -law and other sources of applicable law, including but not limited to: • Municipal Act, 2001 • Municipal Conflict of Interest Act • Municipal Elections Act, 1996 • Municipal Freedom of Information and Protection of Privacy Act • Human Rights Code F• Occupational Health and Safety Act • Provincial Offences Act • Criminal Code 2.0 Statement of Principles T 2.1 This Code of Conduct is intended to set a high standard of conduct for Members in order to provide good governance and a high level of public confidence in the administration of the Region by its Members as duly elected public representatives to ensure that they each operate from a foundation of integrity, justice, truth, honesty and courtesy. 2.2 The following key statements of principle are intended to guide Members and assist with the interpretation of the Code of Conduct: • Members shall serve the public in a conscientious and diligent manner; • Members shall observe and act with the highest standard of ethical conduct and integrity; • Members shall avoid the improper use of the Influence of their office and act without self-interest; Page 220 of 465 -2- • Members shall act and are expected to perform their functions with honesty, integrity, accountability and transparency; • Members shall perform their duties and arrange their private affairs in a manner that promotes public confidence and that will bear public scrutiny; D • Members shall be cognizant that they are at all times representatives of the Region and of Council, recognize the importance of their duties and responsibilities, take into account the public character of their function, and always maintain and promote the public trust in the Region; and • Members will uphold the letter of the laws of Canada, Ontario and the laws and R• policies adopted by Council from time to time. 3.0 Definitions 3.1 The following terms shall have the following meanings in this Code of Conduct: (a) "CAO" means the Chief Administrative Officer of the Region; (b) "child" means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her family; (c) "Chair" means the Regional Chair; (d) "confidential information" means information or records that are in the F possession, in the custody or under the control of the Region that the Region is either precluded from disclosing under the Municipal Act, 2001 or other applicable legislation, its Procedural By-law or any of its other by- laws, policies, rules or procedures, or that it is required to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation; T (e) "conflict of interest" means a situation in which a Member has competing interests or loyalties between the Member's personal or private interests and his or her public interests as an elected representative such that it might influence his or her decision in a particular a matter; (f) "Council" means the Regional Council for Niagara Region; (f) "fiduciary' means the obligation of a person in a position of authority to act on behalf of another, assuming a duty to act in good faith and with care, candour and loyalty in fulfilling this obligation; (g) "frivolous" means something that is not worthy of serious consideration, or that is of little or no importance, due to its lack of seriousness or sense; (h) "Member" means a Member of the Council for the Region; Page 221 of 465 -3- (i) "non -pecuniary interest" means a private or personal interest that a Member may have that is non-financial in nature and that would be considered by a reasonable person, apprised of all the circumstances, as being likely to influence the Member's decision in any matter in which the non -pecuniary interest arises, and may include, but is not limited to, an interest that arises from a relationship with a person or entity; D (j} "parent" means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; (k) "Region" means the Regional Municipality of Niagara; R (1) "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; (m) "staff' means the CAO and all commissioners, officers, directors, managers, supervisors and all non-union and union staff, whether full-time, part-time, contract, seasonal or volunteer, as well as agents and consultants acting in furtherance of the Region's business and interest; (m) "vexatious" means something that is instituted without sufficient grounds and serving only to cause annoyance, frustration or worry. 4.0 Responsibilities of Council 4.1 Council is responsible for and dedicated to providing good and effective F government for the public in the Region in an open, accountable and transparent manner. 4.2 A fiduciary relationship exists between the Council and residents of the Region. 5.0 General Obligations T5.1 In carrying out their duties, Members shall: (a) make every effort to act with good faith and care; (b) conduct themselves with integrity, courtesy and respectability at all meetings of the Council or any committee and in accordance with the Region's Procedural By-law or other applicable procedural rules and policies; (c) seek to advance the public interest with honesty; (d) respect the individual rights, values, beliefs and personality traits of any other person and refrain from imposing their own personal moral and religious beliefs on others; (e) refrain from making statements known to be false or with the intent to mislead Council or the public; Page 222 of 465 -4- (f) accurately communicate the decisions of Council and respect Council's decision-making process even if they disagree with Council's ultimate determinations and rulings; and (g) refrain from making disparaging comments about another Member or D unfounded and speculative accusations about the motives of another Member. 6.0 The Role of Staff 6.1 Council as a whole approves the budget, policies and governance of the Region through its by-laws and resolutions. Individual Members do not direct or oversee the functions of the staff of the Region. R62 The Region's staff serve Council and work for the Region as a body corporate under the direction of the CAO. Inquiries of staff from Members should be directed to the CAO or to the appropriate senior staff as directed by the CAO. Members shall not publicly criticize staff. Should a Member have any issue with respect to staff such issue shall be referred to the CAO who will direct the matter to the particular staff member's appropriate superior. A6.3 Members shall respect the role of staff in the administration of the business affairs of the Region. Members shall respect that staff: (a) provide advice and make policy recommendations in accordance with their professional ethics, expertise and obligations and that Members must not falsely or maliciously injure the reputation of staff members whether Fprofessional or ethical or otherwise; (b) work within the administration of justice and Members must not make requests, statements or take actions which may be construed as an attempt to influence the independent administration of justice and, therefore, Members shall not attempt to intimidate, threaten, or influence any staff member from carrying out that person's duties, including any duty to Tdisclose improper activity; and (c) carry out their duties based on political neutrality and without undue influence from any individual Member and, therefore, Members must not invite or pressure any member of staff to engage in partisan political activities or be subjected to discrimination or reprisal for refusing to engage in such activities. 7.0 Regional Property 7.1 Council is the custodian of the assets of the Region. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets. 7.2 By virtue of their office or appointment, Members must not use or permit the use of the Region's land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Region. No Member shall seek financial Page 223 of 465 -5 - gain for themselves, family or friends from the use or sale of Region -owned intellectual property, computer programs, technological innovations, or other patent, trademarks or copyright held by the Region. 8.0 Gifts and Benefits D 8.1 Gifts to Members risk the appearance of improper influence. Gifts may improperly induce influence or create an incentive for Members to make decisions on the basis of relationships rather than in the best interests of the Region. A Member shall not accept a fee, advance, gift, gift certificate, cash, hospitality or any form of personal benefit connected directly or indirectly with the performance of his or her duties. A gift, benefit or hospitality provided with the Member's knowledge to a Member's spouse, child, or parent, or to a Members staff that is connected directly or indirectly to the performance of the Member's duties is deemed to be a gift to that Member. Any doubt concerning the propriety of the gift should be resolved by the Member not accepting or keeping it. 8.2 For greater clarity, Members shall not accept any gift or benefits in their public capacity other than in the following circumstances: A(a) compensation authorized by law; (b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation, (c) a political contribution otherwise reported by law; in the case of Members running for office; F(d) services provided without compensation by persons volunteering their time; (e) a suitable token, memento or souvenir received as an incident of protocol or social obligation that normally accompanies the responsibilities of elected office or at a function honouring the Member; T (f) food, [odging, transportation and entertainment provided by provincial, regional and local governments or any agencies or subdivisions of them or by the federal government or by a foreign government within a foreign country, or by a conference, seminar or event organizer where the Member is either speaking or attending in an official capacity; (g) food and beverages consumed at banquets, receptions or similar events, if: (i) attendance serves a legitimate purpose related to the normal business of the Region, (ii) the person extending the invitation or a representative of the organization is in attendance, and (iii) the value is reasonable and the invitations are infrequent; Page 224 of 465 I"a (h) gifts of nominal value (for example, a baseball cap, t -shirt, flash drive, book, etc.); and (i) any gift or benefit, if the Integrity Commissioner is of the opinion, before the gift or personal benefit has been accepted, that it is unlikely that receipt of D the gift or benefit gives rise to a reasonable presumption that the gift or benefit was given in order to influence the Member in the performance of his or her duties. 9.0 Confidentiality 9.1 Members receive confidential information from a number of sources as part of their work as elected officials. This includes information received in confidence R by the Region that falls under the privacy provisions of the Municipal Freedom of Information and Protection of Privacy Act and other applicable privacy laws and information received during closed meetings of Council. Members shall comply with the Region's "Information Access and Privacy Protection Policy". 9.2 A Member shall not disclose the content of any confidential information, or the A substance of deliberations, of a closed meeting and the Member has a duty to hold any information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. A Member shall not, either directly or indirectly, release, make public or in any way divulge any such information or any confidential aspect of the closed deliberations to anyone, unless authorized by Council or as required by law. F 9.3 A Member shall not disclose, use or release confidential information In contravention of applicable privacy laws. Members are only entitled to information in the possession of the Region that is relevant to matters before the Council, or a committee. Otherwise, Members enjoy the same access rights to information as any other member of the community or resident of the Region and must follow the same processes as any private citizen to obtain such information. T 9-4 Members shall not release information subject to solicitor -client privilege, unless expressly authorized by Council or as required by law. 9.5 Members shall not misuse confidential information in any way or manner such that it may cause detriment to the Region, Council or any other person, or will benefit themselves or others. 9.6 Members shall respect the right to confidentiality and privacy of all clients, volunteers and staff, and should be aware of their responsibilities under applicable legislation, Regional policies, procedures and rules, ethical standards and, where appropriate, professional standards. 10.0 Discrimination and Harassment Page 225 of 465 -7- 10.1 Members shall treat all members of the public, another Member and staff with respect and without abuse, bullying or intimidation and ensure that their work environment is free from discrimination and harassment. 1 Q2 Members shall not use indecent, abusive or insulting words, phrases or expressions D toward any member of the public, another Member or staff. Members shall not make an expression in any manner that is discriminatory to any individual based on the individual's race, ancestry, place of origin, creed, gender, sexual orientation, age, colour, marital status or disability. 11,0 Improper Use of Influence 11.1 Members shall not use the influence of their office or appointment for any purpose Rother than the exercise of his or her official duties in the public interest. 11.2 Members shall not use the status of their position to influence the decision of another person to the private advantage or non -pecuniary interest of themselves, their parents, children or grandchildren, spouse, or friends or associates, or for the purpose of creating a disadvantage to another person or for providing an advantage to themselves. A11.3 Members who are asked to support charitable activities within the community may do so by accepting honorary roles, lending their names to organizations or events and encouraging public support of events. In doing so, Members shall ensure that they do not have a conflict between their private interest and their duties to the public. Members shall not directly solicit funds nor receive funds for charitable F purposes in their role as a Member. Members shall remain at arms -length from financial aspects of external events which they support in their public capacity and shall not participate in decisions concerning the disbursement of funds or determining the beneficiaries of the funds. 12.0 Conflicts of Interest 12.1 Members shall avoid conflicts of interest, both pecuniary and non -pecuniary. T Members shall take proactive steps to mitigate conflicts of interest in order to maintain public confidence in the Region and its elected officials. Members are encouraged to seek guidance from the Integrity Commissioner when they become aware that they may have a conflict between their responsibilities to the public as a Member and any other interest, pecuniary or non -pecuniary. 13.0 Council Policies and Procedures 13.1 Members shall strictly observe and adhere to the policies, procedures and rules established by Council. 14.0 Election Activity Page 226 of 465 14.1 Members of Council are required to conduct themselves in accordance with the Municipal Elections Act, 1386 and any Region policies. The use of the Region's resources, both property and staff time, for any election -related activity is strictly prohibited. Election -related activity applies to the Member's campaign and any other election campaigns for municipal, provincial or federal office. D15.0 Respect for the Code of Conduct 15.1 Members shall respect the process for complaints made under the Code of Conduct or through any process for complaints adopted by the Region. Members shall not act in reprisal or threaten reprisal against a person who makes a complaint or provides information to the Integrity Commissioner during an investigation. R Members shall interact courteously and respectfully with the integrity Commissioner and with any person acting under the direction of the Integrity Commissioner. 15.2 Members shall cooperate with requests for information during any investigations or inquiries under the Code. Members shall not destroy documents or erase electronic communications or refuse to respond to the Integrity Commissioner where a complaint has been lodged under the Code or any process for complaints adopted bytheRegion. 16.0 Penalties for Non -Compliance with the Code of Conduct 16.1 Where Council receives a report from the Integrity Commissioner that there has been a violation of the Code of Conduct by a Member, Council may impose the following penalties on the Member: F(a) a reprimand; or (b) a suspension of the remuneration paid to the Member in respect of his or her services as a Member for a period up to 90 days. 16.2 Council may, on the basis of a recommendation from the Integrity Commissioner, also take any or all of the following actions in furtherance of a reprimand, and Trequire that the Member: (a) provide a written or verbal apology; (b) return property or make reimbursement of its value or of money spent; (c) be removed from or not be appointed to the membership on a committee of Council; (d) be removed from or not be appointed as chair of a committee of Council. 17.0 Complaint Protocol 17.1 The Complaint Protocol — Code of Conduct is Appendix 1 to the Code of Conduct. 28919259.4 Page 227 of 465 Appendix B Complaint Protocol: Code of Conduct Page 228 of 465 COMPLAINT PROTOCOL Council Code of Conduct - Appendix 1 PART A - INFORMAL COMPLAINT PROCEDURE D1 Any individual who identifies or witnesses behaviour or activity by a Member that they believe contravenes the Code of Conduct may seek to address the prohibited behaviour or activity themselves in the following manner by following the Informal Complaint Procedure: R (a) document the incident(s) where the Member may have contravened the Code of Conduct including dates, times, locations, other persons present, and any other relevant information; (b) advise a third party about the concerns regarding the Member's actions; (c) advise the Member that the behaviour or activity appears to contravene the Code A of Conduct; (d) identify to the Member the specific provision(s) of the Code of Conduct that may have been contravened; (e) encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to undertake to refrain from future occurrences of the prohibited behaviour or activity; (f) request the Integrity Commissioner to assist in informal discussion of the alleged complaint with the Member in an attempt to settle or resolve the issue; (g) if applicable: T (i) confirm to the Member that his or her response is satisfactory, or (ii) advise the Member that his or her response is unsatisfactory; (h) consider the need to pursue the matter in accordance with the Formal Complaint Procedure set out in Part B, or in accordance with any other applicable judicial or quasi-judicial process or complaint procedure. 2. Individuals are strongly encouraged to pursue the Informal Complaint Procedure as the first means of remedying behaviour or activity of a Member that they believe violates the Code of Conduct. 3. With the consent of both the complaining individual and the Member, the Integrity Commissioner may participate in any informal process. The parties involved are encouraged to take advantage of the Integrity Commissioner's potential role as a mediator/conciliator of issues relating to a complaint. 4. The Informal Complaint Procedure is not a precondition or a prerequisite to pursuing the Formal Complaint Procedure set out in Part B. Page 229 of 465 -2 - PART B - FORMAL COMPLAINT PROCEDURE Formal Complaints 1.(1) Any individual who identifies or witnesses behaviour or activity by a Member that they D reasonably believe contravenes the Code of Conduct may fife a formai complaint to request an inquiry by the Integrity Commissioner as to whether a Member has contravened the Code of Conduct in accordance with the following requirements: (a) all complaints shall be in writing on the prescribed form and shall be dated and signed by an identifiable individual; R (b) the complaint must set out reasonable and probable grounds for the allegation that the Member has contravened the Code of Conduct and must be accompanied by a supporting sworn affidavit setting out the evidence in full in support of the allegation; and (c) Council may also file a complaint against any of its Members by passing a Aresolution requesting the Integrity Commissioner to undertake an inquiry. (2) Individuals filing a formal complaint must provide a full and complete record of evidence to the Integrity Commissioner who is under no obligation whatsoever to, but may, seek additional or further information to supplement or complete the evidentiary record to substantiate or support the allegation set out in the complaint. FFiling of Complaint and Classification by Integrity Commissioner 2.(1) The complaint shall be filed with the Regional Clerk, who shall forward the matter forthwith to the Integrity Commissioner without added comment. (2) The Integrity Commissioner shall initially classify the complaint to determine if the matter T is, on its face, a complaint with respect to non-compliance with the Code of Conduct and not covered by other legislation or other Council procedures, policies or rules as set out in Section 3. Complaints Outside integrity Commissioner's Jurisdiction 1 If the complaint, including the supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint relates to matters addressed by other legislation or complaint procedure under another Region procedure, policy or rule, the Integrity Commissioner shall advise the complainant in writing as follows: Criminal Matter (a) if the complaint is, on its face, an allegation of a criminal nature consistent with the Criminal Code, the complainant shall be advised that: Page 230 of 465 -3- (i) the Integrity Commissioner will refer it to the appropriate police service, or (ii) the complainant may pursue it with the appropriate police service if the complainant wishes to pursue any such allegation; DMunicipal Freedom of Information and Protection of Privacy Act (b) if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter must be referred to the Regional Clerk to deal with under its access R Other and privacy policies under the statute; Procedure, Policy or Rule Applies (c) if the complaint appears to fall within the scope of another procedure, policy or rule of the Region, the complainant shall be advised to pursue the matter under such procedure, policy or rule with the appropriate Regional official; ALack of Jurisdiction (d) if the complaint is, for any other reason not within the jurisdiction of the Integrity Commissioner (for example, it relates to a decision of Council or a local board as a whole and not one or more individual Members), the complainant shall be so advised and provided with any additional reasons and referrals as the Integrity FCommissioner considers appropriate; Matter Already Pending (e) if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding, a human rights or workplace harassment complaint or similar process, or to a civil matter that is T pending before the courts, the Integrity Commissioner may, in his/her sole discretion and in accordance with legislation, suspend any investigation, in whole or in part, pending the result of the other process; Similar Matter Already Pending (f) if the complaint is in relation to a similar matter which is subject to an outstanding complaint before the Integrity Commissioner, the Integrity Commissioner may, in his/her sole discretion, consider the matter in conjunction with the similar matter or deal with it separately, including not undertaking an inquiry if the matter can be adequately addressed in any report and/or recommendations made with respect to the complaint in the similar matter; and Municipal Conflict of Interest Act (g) if the complaint is in relation to a contravention of sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, an elector, as defined in section 1 of that statute, or a person demonstrably acting in the public interest may file a formal Page 231 of 465 -4 - complaint to request an inquiry by the Integrity Commissioner as to whether a Member has contravened any of those aforementioned provisions of the statute. Limitation Period 4. The Integrity Commissioner shall not accept a complaint for which the event giving rise D to the complaint occurred or came to the attention of the complainant more than one (1) year prior to the complaint. The complainant must establish that the event giving rise to the complaint occurred and/or came to the complainant's attention within one (1) year of the complaint being filed in accordance with Section 2. Periodic Reports to Council R 5.(1) The Integrity Commissioner shall provide an annual report to Council summarizing his or her activities, including a report on all complaints received and on their disposition (including complaints deemed and ruled not to be within the jurisdiction of the Integrity Commissioner). (2) Notwithstanding Section 5(1), Council may by resolution request that the Integrity ACommissioner provide a periodic report more frequently than once a year. Refusal to Conduct Investigation 6. If the Integrity Commissioner is satisfied, after considering the information contained in the complaint, that a complaint: F(a) is frivolous or vexatious, (b) is not made in good faith, (c) constitutes an abuse of process, or T(d) discloses no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not be required to conduct an investigation and, where this becomes apparent in the course of an investigation, the Integrity Commissioner shall terminate the inquiry and provide notice to the complainant and, if necessary, to the Member. Opportunities for Resolution Following receipt and review of a formal complaint or at any time during the investigation where the Integrity Commissioner, in his or her discretion, believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be pursued to achieve an informal resolution. Investigation Page 232 of 465 -5- 8.(1) The Integrity Commissioner may proceed as follows, except where the Integrity Commissioner has a full factual record and believes, in his or her discretion, that no additional information is required, where otherwise required by the Public Inquiries Act, 2009 or where the Integrity Commissioner has not otherwise terminated the inquiry: (a) provide the Member with an outline of the complaint with sufficient particularity to D allow the Member to understand the complaint against him or her but shall not have any obligation to disclose: (i) the identity of the complainant, or (€i) the identity of any witnesses set out in the complaint or that are R questionedlinterviewed by the Integrity Commissioner, unless it is essential for the Member to adequately respond to the complaint; (b) request that the Member provide a written response to the allegations to the Integrity Commissioner within seven (7) days; and A (c) provide a copy of the Member's response to the complainant with a request that any written reply be provided by the complainant within seven (7) days. (2) If necessary, after reviewing the submitted materials, the Integrity Commissioner may contact and speak to or correspond with any other persons, access and examine any other documents or electronic materials, including any materials on the Region's computers and servers, and may enter any Region work location relevant to the Fcomplaint for the purpose of investigation and potential resolution. (3) The Integrity Commissioner may, but is under no obligation, to provide the Member with a draft of the proposed report on the complaint. (4) The Integrity Commissioner shall not issue a report finding a violation of the Code of T Conduct on the part of any Member unless the Member has had an opportunity either in person or in writing to comment to the Integrity Commissioner on the proposed finding(s). (5) The Integrity Commissioner may, but is under no obligation, to advise either the Member or the complainant of any proposed sanction or recommendation the Integrity Commissioner may include in the report to Council. (6) The Integrity Commissioner may make interim reports to Council where necessary and as required to address any instances of interference, obstruction, intimidation, delay, reprisal or retaliation by the Member or any other person encountered during the formal complaint investigation. (7) The Integrity Commissioner shall retain all records related to the complaint and investigation but may provide copies of certain records, in confidence, to Regional administrative staff who are required to ensure that any such records are securely and confidentially retained. No Complaint Prior to Municipal Election Page 233 of 465 M 9. Notwithstanding any other provision of this Complaint Protocol, no complaint may be referred to the Integrity Commissioner on or after the fourth Friday in ,July in a municipal election year. Advice Provided to Member by Integrity Commissioner D 10.(1) Subject to Section 10(2), a Member is entitled to rely upon any written advice given by the Integrity Commissioner to the Member respecting the Code of Conduct in any subsequent consideration of the conduct of the Member in the same matter provided that the Member fully disclosed all relevant facts known to him or her to the Integrity Commissioner and acted In accordance with the written advice provided by the Integrity Commissioner. R(2) A Member under investigation by the Integrity Commissioner shall not request advice from the Integrity Commissioner as to the Member's rights under the Code of Conduct or generally at law, nor is the Member entitled to rely upon any statement(s) made by the Integrity Commissioner during the course of the investigation that may impact the Member's rights under the Code of Conduct or at law. AInvestigation Report 11. (1) The Integrity Commissioner shall report to the complainant and the Member no later than ninety (90) days after the official receipt of any complaints. If the investigation process is anticipated to or takes more than ninety (90) days, the Integrity Commissioner shall provide an interim report and must advise the parties of the date the report will be F available. The Integrity Commissioner may also, at his or her discretion, advise any witnesses or other persons of the date the report will be available. (2) Where the complaint is sustained in whole or in part, the Integrity Commissioner shall report to Council outlining the findings, the terms of any settlement and/or any recommended remedial or corrective action. T (3) The Integrity Commissioner may provide a copy of the report to the complainant and the Member whose conduct has been investigated in advance of the public release of the report, in strict confidence until the report is publicly released. The Member shall, subject to Subsection 11(5), have the right to address the report when it is considered by Council. (4) Where the complaint is not sustained, the Integrity Commissioner is not obligated to report to Council on the result of the investigation or any findings although such information may be included in a report or as part of an annual or other periodic report by the integrity Commissioner. (5) If the report of the Integrity Commissioner recommends a penalty that suspends the remuneration paid to the Member, the Member shall not have a right to address the report and recommendation when the matter is considered by Council. Findings 12. If the Integrity Commissioner determines that: Page 234 of 465 -7- (a) there has been no contravention of the Code of Conduct, or (b) a contravention occurred but: (i) the Member took all reasonable measures to prevent it, D(ii) it was trivial, (iii) it was committed through inadvertence, or (iv) it resulted from an error of judgment made in good faith, R the Integrity Commissioner may so state in the report and may make appropriate recommendations pursuant to the Municipal Act, 2001, including but not limited to, a recommendation of no penalty. Report to Council 13. Upon receipt of a report from the Integrity Commissioner, the Regional Clerk shall place A the report on the next regular agenda of Council for consideration by Council and Council must consider the report at that meeting and may accept or refuse the recommendations set out in the report and accept, refuse or vary any penalties or sanctions contained in the report. A report from the Integrity Commissioner may also be considered by Council in advance of its next regular meeting should Council agree to hold a special or other meeting before its next regular meeting to consider the report. FNo Reports Prior to Municipal Election 14. Notwithstanding any other provision of this Complaint Protocol, the Integrity Commissioner shall not make any report to Council or to any other person on or after the fourth Friday in July in a municipal election year, until the first official meeting of the Tnewly -elected Council following the election. Duty of Council 15. Council shall consider and make a determination on the Integrity Commissioner's report at the same meeting at which the report is tabled. Public Disclosure 16.(1) The Integrity Commissioner and every person acting under his or her jurisdiction shall preserve confidentiality where appropriate and where it does not interfere with the course of any investigation, except as required by law and as required by this Complaint Protocol, (2) The Integrity Commissioner shall retain all records related to the complaint and investigation although copies may be provided to the Region's administrative staff, subject to the duty of confidentiality under subsection 223.5 of the Municipal Act, 2001. Page 235 of 465 (3) The identity of the Member who is the subject of the complaint shall not be treated as confidential information in the Integrity Commissioner's report to Council. The identity of the complainant may be disclosed if deemed appropriate and necessary by the Integrity Commissioner or if consented to by the complainant. (4) All reports from the Integrity Commissioner to Council shall be made available to the Dpublic by the Regional Clerk. Delegation 17, The Integrity Commissioner may delegate in writing to any person, other than a Member of Council, any of the Integrity Commissioner's powers and duties under Part V.1 of the RMunicipal Act, 2001. a 10 T Page 236 of 465 Code of Conduct — Formal Complaint Form/Affidavit AFFIDAVIT OF DI, (full name), of the (City, Town etc.) (municipality of residence) In the Province of Ontario. MAKE OATH AND SAY (or AFFIRM): R1. I have personal knowledge of the facts as set out in this affidavit, because A(insert reasons e.g. I work for... I attended a meeting at which... etc.) 2. 1 have reasonable and probable grounds to believe that: (specify name of Member) F a member of the Council of Niagara Region, has contravened sections) (specify section(s)) of the Council Code of Conduct of Niagara Region. The particulars of which are as follows: r�1 (Set out the statements of fact in consecutively numbered paragraphs in the space above, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule A form. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and attach them to this affidavit.) This affidavit is made for the purpose of requesting that this matter be reviewed and/or investigated by Niagara Region's appointed Integrity Commissioner and for no other purpose. SWORN (or AFFIRMED) before meat the ) (City, Town etc. of), ) in the Regional Municipality of Niagara on ) (date) ) } (Signature) A Commissioner for taking affidavits etc. Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. 28959031.4 Page 237 of 465 Appendix C Accountability Framework By-law Page 238 of 465 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. -2017 A BY-LAW TO ESTABLISH AN ACCOUNTABILITY FRAMEWORK FOR DNIAGARA REGION WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for the establishment of codes of conduct for members of council and local boards of a municipality and for the appointment of an Integrity Commissioner to carry out certain functions and responsibilities; AND WHEREAS The Regional Municipality of Niagara will benefit from having a framework that R creates a regime to provide for a code of conduct, the appointment of an Integrity Commissioner and the accountability services to be provided by an Integrity Commissioner; AND WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001 authorize The Regional Municipality of Niagara to pass by-laws necessary or desirable for municipal purposes, and in particular paragraph 2 of subsection 11(2) authorizes by-laws respecting accountability and transparency in the municipality and its operations; THEREFORE the Council of The Regional Municipality of Niagara hereby enacts as follows: A1. Definitions: In this By-law the following terms shall have the meaning indicated: (a) "Accountability Services" means advice, education, complaint resolution, reporting to Council and matters required for assisting Council in the application of any procedures, rules and policies of the Region governing the ethical behaviour of members of Council; F(b) °By-law" means this Accountability Framework By-law; (c) "Code of Conduct" means the Niagara Region Code of Conduct for Members of Council established under the authority of subsection 223.2(1) of the Municipal Act, 2001; (d) "Complaint Protocol" means the Complaint Protocol, Appendix 1 to the Code of Conduct; (e) "Council" means the Council for the Region; T(f) "Integrity Commissioner" means the Integrity Commissioner for the Region appointed under the authority of subsection 223.3(1) the Municipal Act, 2001; Page 239 of 465 -2- (g) "Member" means a person who is a Member of the Council; (h) "Region" means The Regional Municipality of Niagara; (i) "Regional Clerk" means the individual appointed by Council to the office of clerk Din accordance with section 228 of the Municipal Act, 2001; (j) "Year" means calendar year, unless otherwise indicated. 2. Code of Conduct (a) Council shall adopt a Code of Conduct for Members of Council in accordance with the provisions of the Municipal Act, 2001. (b) In recognition of their roles as elected representatives and as Members of R Council, Members shall at all times conduct themselves in accordance with the Code of Conduct. 3. Integrity Commissioner (a) Council shall appoint an Integrity Commissioner by by-law to provide Accountability Services in accordance with Part V.1 of the Municipal Act, 2001, sections 5, 5.1. or 5.2 of the Municipal Conflict of Interest Act, the Code of Conduct, the Complaint Protocol and this By-law. A(b) The Integrity Commissioner carries out in an independent manner the duties and responsibilities of his or her office as set out in Part V.1 of the Municipal Act, 2001, sections 5, 5.1. or 5.2 of the Municipal Conflict of interest Act, the Code of Conduct, the Complaint Protocol and this By-law. (c) The Integrity Commissioner is accountable to and reports directly to Council. (d) The Integrity Commissioner is independent of Council and the Region's F administration, subject to the requirements of this By-law. (e) The Integrity Commissioner has full carriage and control of, and is fully responsible for, carrying out his or her responsibilities in compliance with the Code of Conduct, the Complaint Protocol, this By-law and all applicable laws except that the Integrity Commissioner is entitled to rely on the services of Regional staff to ensure that complaints are validly received and that adequate reporting to Council is facilitated and arranged. (f) The Integrity Commissioner shall liaise with the Regional Clerk, or his or her T delegate and any persons that the Regional Clerk assigns responsibility to deal with any matter related to Part V.1 of the Municipal Act, 2001, subject to the duty of confidentiality set out in subsection 223.5(1). Page 240 of 465 -3- 4. Appointment, Removal and Resignation of Integrity Commissioner (a) A simple majority of Council is required for the appointment of an Integrity Commissioner and a two-thirds majority is required for an the extension of term, removal from office or termination for cause of the Integrity Commissioner. D(b) The Integrity Commissioner shall be appointed for a fixed term of office. (c) The term of office for the Integrity Commissioner may be extended by Council in exceptional circumstances. (d) The Integrity Commissioner may only be removed from office for cause, prior to the expiry of the term of office, in accordance with this By-law and the procedures established by Council. R (e) The Integrity Commissioner may resign from office at any time by giving ninety (90) days' written notice to the Council, unless the notice requirement is waived by both parties. 6. Selection of Integrity Commissioner (a) The selection process for the Integrity Commissioner shall be overseen by a selection panel appointed by the Chair and chaired by the Chair or the Chair's designate. A(b) The appointment of the Integrity Commissioner shall be recommended to Council by the selection panel. 6. Term of Office for Integrity Commissioner The Integrity Commissioner shall be appointed for a four (4) year non-renewable term of office. F 7. Responsibilities of the Integrity Commissioner The Integrity Commissioner will provide Accountability Services to the Region including: (i) to provide advice on the application of the Code of Conduct, Regional policies, procedures and rules, the Complaint Protocol and sections 5, 5,1 or 5,2 of the Municipal Conflict of Interest Act; (ii) to conduct inquiries as directed by Council regarding whether a Member has contravened the Code of Conduct or sections 5, 5.1 or 5.2 of the TMunicipal Conflict of interest Act; Page 241 of 465 -4 - (iii) to provide advice to a Member, upon written request, respecting the Member's obligations under the Code of Conduct, Regional policies, procedures and rules, the Complaint Protocol and the Municipal Conflict of Interest Act; D (iv) to provide opinions on policy matters and make other reports to Council as requested on issues of ethics and integrity; (v) to provide educational information and training to Council, to Members and to the public on matters related to the Code of Conduct and issues of ethics and integrity and to the Municipal Conflict of lnterestAct; (vi) to provide general information to members of the public, on request, about the Code of Conduct, the Complaint Protocol and the availability of R complaint resolution services or referrals as contemplated by the Complaint Protocol; (vii) to maintain custody and control of the Integrity Commissioner's complaint and inquiry/investigation files and, on completion of his or her term of appointment, to retain jurisdiction of any complaints that are made to the Integrity Commissioner during the term of the contract; (viii) to provide such other services respecting ethical and integrity matters as Aassigned by Council or as may be required by the Municipal Act, 2001. B. Two-thirds Vote Required for Changes (a) A two-thirds vote of all Council Members is required to pass a motion to amend or repeal this By-law. (b) This By-law shall come into force and take effect on the date it is passed, except for such provisions as may be required to come into force and take effect by any transitional provisions included within the Modernizing Ontario's Municipal F Legislation Act, 2017 or any regulations made thereunder. 9. Short Title This By-law shall be referred to as the "Accountability Framework By-law". 28959062.2 ii Page 242 of 465 Niagara'W�jf Region Administration 1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7 905980-6000 Toll-free, 1-800-263-7215 MEMORANDUM CL -C 72-2017 Subject: Consolidated Proposed Code of Conduct Documents Date: Thursday, July 6, 2017 To: Regional Council From: Natasha Devos, Acting Regional Clerk At its meeting held on May 16, 2017, the Procedural By-law Review Committee considered Code of Conduct documents prepared by John Mascarin, Interim Integrity Commissioner for Niagara Region. During its consideration of the documents, the Committee made several amendments. For ease of reference, a consolidated version of each document is attached to this memorandum for Council's consideration. Respectfully submitted and signed by Natasha Devos Acting Regional Clerk Appendix A— Consolidated Version Proposed Code of Conduct for Members of Regional Council Appendix B — Consolidated Version Proposed Complaint Process Appendix C — Consolidated Version Proposed Accountability Framework Page 243 of 465 Appendix A Code of Conduct CONSOLIDATED VERSION Page 244 of 465 REGIONAL MUNICIPALITY OF NIAGARA CODE OF CONDUCT FOR MEMBERS OF COUNCIL, [MAY, 2017] D1.0 Application 1.1 This Code of Conduct applies to Members of the Council of Niagara Region, including the Regional Chair when acting in their official capacity. 1.2 The purpose of this Code of Conduct is to establish a general standard to provide a R common basis for the acceptable conduct of Members and to which all Members are expected to adhere to and comply with while operating in their official capacity as Members. This Code of Conduct augments other laws which Members are governed by and which requires Members to follow the Procedural By-law and other sources of applicable law, including but not limited to; T 2.0 Statement of Principles 2.1 This Code of Conduct is intended to set a high standard of conduct for Members while acting in their official capacity in order to provide good governance and a high level of public confidence in the administration of the Region by its Members as duly elected public representatives to ensure that they each operate from a foundation of integrity, justice, truth, honesty and courtesy. 2.2 The following key statements of principle are intended to guide Members' conduct when acting in their official capacity and assist with the interpretation of the Code of Conduct: • Members shall serve the public in a conscientious and diligent manner; • Members shall observe and act with the highest standard of ethical conduct and integrity; Page 245 of 465 • Municipal Act, 2001 A• Municipal Conflict of Interest Act • Municipai Elections Act, 1996 Municipal Freedom of Information and Protection of Privacy Act • Human Rights Code F• Occupational Health and Safety Act Provincial Offences Act • Criminal Code T 2.0 Statement of Principles 2.1 This Code of Conduct is intended to set a high standard of conduct for Members while acting in their official capacity in order to provide good governance and a high level of public confidence in the administration of the Region by its Members as duly elected public representatives to ensure that they each operate from a foundation of integrity, justice, truth, honesty and courtesy. 2.2 The following key statements of principle are intended to guide Members' conduct when acting in their official capacity and assist with the interpretation of the Code of Conduct: • Members shall serve the public in a conscientious and diligent manner; • Members shall observe and act with the highest standard of ethical conduct and integrity; Page 245 of 465 -2- • Members shall avoid the improper use of the influence of their office and act without self-interest; • Members shall act and are expected to perform their functions with honesty, integrity, accountability and transparency; D• Members shall perform their duties and arrange their private affairs in a manner that promotes public confidence and that will bear public scrutiny; • Members shall be cognizant while acting in their official capacity that they are mall -times representatives of the Region its residents and of Council, recognize the importance of their duties and responsibilities, take into account the public character of their function, and always maintain and promote the public trust in the Region; and • Members will uphold the letter of the laws of Canada, Ontario and the laws and policies adopted by Council from time to time. 3.0 Definitions A3.1 The following terms shall have the following meanings in this Code of Conduct: (a) "CAO" means the Chief Administrative Officer of the Region; (b) "child" means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to F treat as a child of his or her family; "Chair" (c) means the Regional Chair; (d) "confidential information" means information or records that are in the possession, in the custody or under the control of the Region that the Region is either precluded from disclosing under the Municipal Act, 2001 or other applicable legislation, its Procedural By-law or any of its other by-laws, T policies, rules or procedures, or that it is required to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation; (e) "conflict of interest" means a situation in which a Member has competing interests or loyalties between the Member's personal or private interests and his or her public interests as an elected representative such that it might influence his or her decision in a particular a matter; (f) "Council" means the Regional Council for Niagara Region; (g) "fiduciary" means the obligation of a person in a position of authority to act on behalf of another, assuming a duty to act in good faith and with care, candour and loyalty in fulfilling this obligation; (h) "frivolous" means something that is not worthy of serious consideration, or that is of little or no importance, due to its lack of seriousness or sense; Page 246 of 465 -3- (J) "Member' means a Member of the Council for the Region; 01 "non -pecuniary interest' means a private or personal interest that a Member may have that is non-financial in nature and that would be considered by a reasonable person, apprised of all the circumstances, as being likely to D influence the Member's decision in any matter in which the non -pecuniary interest arises, and may include, but is not limited to, an interest that arises from a relationship with a person or entity; (k) "official capacity" means actions taken by a Member on Niagara Regional Property; actions taken during Niagara Regional events and functions; actions taken during non -Niagara Regional events and R functions where the Member has been expressly invited as a Member; actions taken where a Member is representing a constituent in matters concerning business conducted by the Niagara Region; actions taken over social media that is in relation to the aforementioned circumstances; (1) "parent" means a person who has demonstrated a settled intention to treat a A child as a member of his or her family whether or not that person is the natural parent of the child; (m) "Region" means the Regional Municipality of Niagara; (n) "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; (o) "staff' means the CAO and all commissioners, officers, directors, managers, supervisors and all non-union and union staff, whether full-time, part-time, contract, seasonal or volunteer, as well as agents and consultants acting in furtherance of the Region's business and interest; (p) "vexatious" means something that is instituted without sufficient grounds and Tserving only to cause annoyance, frustration or worry. 4.0 Responsibilities of Council 4.1 Council is responsible for and dedicated to providing good and effective government for the public in the Region in an open, accountable and transparent manner. 4.2 A fiduciary relationship exists between the Council and residents of the Region. 5.0 General obligations 5.1 In carrying out their duties in their official capacity, Members shall; (a) make every effort to act with good faith and care; (b) conduct themselves with integrity, courtesy and respectability at all meetings of the Council or any committee and in accordance with the Region's Procedural By-law or other applicable procedural rules and policies; Page 247 of 465 -4- (c) seek to advance the public interest with honesty; (d) respect the individual rights, values, beliefs and personality traits of any other person; and r-eA�yieus beliefs an others; D (e) conduct themselves from a position of respect and equality towards all persons; (t) refrain from making statements the Member knows to be false or with the intent to mislead Council or the public; R (g) accurately communicate the decisions of Council and respect Council's decision-making process even if they disagree with Council's ultimate determinations and rulings; and (h) refrain from making disrespectful disparaging- comments about another Member or unfounded and speculative accusations about the motives of another Member. A6.0 The Role of Staff 6.1 Council as a whole approves the budget, policies and governance of the Region through its by-laws and resolutions. Individual Members do not direct or oversee the functions of the staff of the Region. 6.2 The Region's staff serve Council and work for the Region as a body corporate under the direction of the CAO. Inquiries of staff from Members should be directed to the CAO or to the appropriate senior staff as directed by the CAO. Members shall not publicly criticize staff. Should a Member have any issue with respect to staff such issue shall be referred to the CAO who will direct the matter to the particular staff member's appropriate superior. 6.3 Members shall respect the role of staff in the administration of the business affairs of Tthe Region. Members shall respect that staff: (a) provide advice and make policy recommendations in accordance with their professional ethics, expertise and obligations and that Members must not falsely or maliciously injure the reputation of staff members whether professional or ethical or otherwise; (b) work within the administration of justice and Members must not make requests, statements or take actions which may be construed as an attempt to influence the independent administration of justice and, therefore, Members shall not attempt to intimidate, threaten, or influence any staff member from carrying out that person's duties, including any duty to disclose improper activity; and (c) carry out their duties based on political neutrality and without undue influence from any individual Member and, therefore, Members must not invite or pressure any member of staff to engage in partisan political activities Page 248 of 465 -5 - or be subjected to discrimination or reprisal for refusing to engage in such activities. 7.0 Regional Property D 7.1 Council is the custodian of the assets of the Region. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets. 7.2 By virtue of their office or appointment, Members must not use or permit the use of the Region's land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Region. No Member shall seek financial R gain for themselves, family or friends from the use or sale of Region -owned intellectual property, computer programs, technological innovations, or other patent, trademarks or copyright held by the Region. 8.0 Gifts and Benefits 8.1 Gifts to Members risk the appearance of improper influence. Gifts may improperly induce influence or create an incentive for Members to make decisions on the basis of relationships rather than in the best interests of the Region. A Member shall not accept a fee, advance, gift, gift certificate, cash, hospitality or any form of personal benefit connected directly or indirectly with the performance of his or her duties. A gift, benefit or hospitality provided with the Member's knowledge to a Member's spouse, child, or parent, or to a Member's staff that is connected directly or indirectly to the performance of the Member's duties is deemed to be a gift to that Member. Any doubt concerning the propriety of the gift should be resolved by the Member not accepting or keeping it. 8.2 For greater clarity, Members shall not accept any gift or benefits in their public capacity other than in the following circumstances: (a) compensation authorized by law; T (b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; (c) a political contribution otherwise reported by law, in the case of Members running for office; (d) services provided without compensation by persons volunteering their time; (e) a suitable token, memento or souvenir received as an incident of protocol or social obligation that normally accompanies the responsibilities of elected office or at a function honouring the Member; (f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or any agencies or subdivisions of them or by the federal government or by a foreign government within a foreign country, or by a conference, seminar or event organizer where the Member is either speaking or attending in an official capacity; Page 249 of 465 WE (g) food and beverages consumed at banquets, receptions or similar events, if: (i) attendance serves a legitimate purpose related to the normal business of the Region, D (ii) the person extending the invitation or a representative of the organization is in attendance, and (iii) the value is reasonable and the invitations are infrequent; (h) gifts of nominal value (for example, a baseball cap, t -shirt, flash drive, book, etc.); and (i) any gift or benefit, if the Integrity Commissioner is of the opinion, before the gift or personal benefit has been accepted, that it is unlikely that receipt of the gift or benefit gives rise to a reasonable presumption that the gift or benefit was given in order to influence the Member in the performance of his or her duties. 9.0 Confidentiality 9.1 Members receive confidential information from a number of sources as part of their work as elected officials. This includes information received in confidence by the Region that falls under the privacy provisions of the Municipal Freedom of Information and Protection of Privacy Act and other applicable privacy laws and information received during closed meetings of Council. Members shall comply with the Region's "Information Access and Privacy Protection Policy, 9.2 A Member shall not disclose the content of any confidential information, or the substance of deliberations, of a closed meeting and the Member has a duty to hold any information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. A Member shall not, either directly or indirectly, release, make public or in any way divulge any such information or any confidential aspect of the closed deliberations to anyone, unless authorized by Council or as Trequired by law. 9.3 A Member shall not disclose, use or release confidential information in contravention of applicable privacy laws. Members are only entitled to information in the possession of the Region that is relevant to matters before the Council, or a committee. Otherwise, Members enjoy the same access rights to information as any other member of the community or resident of the Region and must follow the same processes as any private citizen to obtain such information. 9.4 Members shall not release information subject to solicitor -client privilege, unless expressly authorized by Council or as required by law. 9.5 Members shall not misuse confidential information in any way or manner such that it may cause detriment to the Region, Council or any other person, or will benefit themselves or others. Page 250 of 465 -7- 9.6 Members shall respect the right to confidentiality and privacy of all clients, volunteers and staff, and should be aware of their responsibilities under applicable legislation, Regional policies, procedures and rules, ethical standards and, where appropriate, professional standards. D 10.0 Discrimination and Harassment 10.1 Members shall treat all members of the public, another Member and staff with respect and withoui abuse, bufly4hg or ingmkiation and to ensure that their work environment is free from discrimination and harassment. 10.2 Members shall not use indecent, abus&e or insulWig words, phraseis 0 towaFd any member- of the public, another Member of: staff. Members shall not make an expression in any manner that is discriminatory to any individual based on the individual's race, ancestry, place of origin, creed, gender, sexual orientation, age, colour, marital status or disability. 11.0 Improper Use of Influence 11.1 Members shall not use the influence of their office or appointment for any purpose other than the exercise of his or her official duties in the public interest. 11.2 Members shall comply with the requirements outlined in the Municipal Conflict of Interest Act. f the tat f fheiF do to in flue Ge the deeis:e., 0{ rrvc-a�vc-crrc.-v7cacw$vrcxrcn�rv�icrv�-i -c ..,.. another person ie the pdvate advantage or non pecumiary interest o s Ffor providing an advantage to themselve&.- •3 Members whe are asked to suppeft ehaWable aeth4t4es within the community may d se H ti HoneraFy .oleo lending theiF names t-...f......s or-evenref -arrad enc-eura`}ging-pubkc- support ofevents. M doing so, eee.': bees shall enstwe thai they do not have a conflict between their private interest an their duties to the public. Members shall not dWeet4e seficit funds nor- F�Pnnhretheir public capacity and shall not pailielpate in deaWens sencerning thTfunds fet ohar4tahle puFposes in theiF rele as a Memben Members shall re-Mainat arms -length from financ-Ml aspects of external events WhiGh they SuppOrt in e4 H f f funds or determining th.. 12.0 Conflicts of Interest 12.1 Members shall avoid conflicts of interest in accordance with the Municipal Conflict of Interest Act., both pecuniary and non peeuniapy-. Members, shall confidenee An Me Region and its elected .,Rials. Members are encouraged to seek guidance from the Integrity Commissioner when they become aware that they may have a conflict between their responsibilities to the public as a Member and any other interest, pecuniary or non -pecuniary. Page 251 of 465 13.0 Council Policies and Procedures 13.1 Members shall strictly observe and adhere to the policies, procedures and rules established by Council. D 14.0 Election Activity 14.1 Members of Council are required to conduct themselves in accordance with the Municipal Electrons Act, 1996 and any Region policies. The use of the Region's resources, both property and staff time, for any election -related activity is strictly prohibited. Election -related activity applies to the Member's campaign and any other election campaigns for municipal, provincial or federal office. R15.0 Respect for the Code of Conduct 15.1 Members shalt respect the process for complaints made under the Code of Conduct or through any process for complaints adopted by the Region. Members shall not act in reprisal or threaten reprisal against a person who makes a complaint or provides information to the Integrity Commissioner during an investigation. Members shall interact courteously and respectfully with the Integrity Commissioner and with any person acting under the direction of the Integrity Commissioner. 15.2 Members shall cooperate with requests for information during any investigations or inquiries under the Code. Members shall not destroy documents or erase electronic communications or refuse to respond to the Integrity Commissioner where a complaint has been lodged under the Code or any process for complaints adopted by the Region. F16.0 Penalties for Non -Compliance with the Code of Conduct 16.1 Where Council receives a report from the Integrity Commissioner that there has been a violation of the Code of Conduct by a Member, Council may take the following actions: ' . T(a) a reprimand; -sr (b) a suspension of the remuneration paid to the Member in respect of his or her services as a Member for a period up to 90 days and shall require the approval of at least two thirds of Council present; or. (c) receive for information 16.2 Council may, on the basis of a recommendation from the Integrity Commissioner, also take any or all of the following actions in furtherance of a reprimand, and require that the Member: (a) provide a written or verbal apology; (b) return property or make reimbursement of its value or of money spent; Page 252 of 465 M (c) be suspended removed from er- not be appointed to the membership on a committee of Council for a period of up to 90 days and shall require the approval of at least two thirds of Council present; (d) be suspended removed "m or not be appok ed as chair of a committee of Council for a period of up to 90 days and shall require the approval of at least two thirds of Council present. 16.3 Should Council take action under sections 16.2(c) or 16.2(d), the suspension shall be considered `authorized leave' in relation to other Niagara Region policies in effect. 17.0 Complaint Protocol 17.1 The Complaint Protocol -- Code of Conduct is Appendix 1 to the Code of Conduct. 28919259.4 Page 253 of 465 Appendix B Complaint Protocol, Code of Conduct CONSOLIDATED VERSION Page 254 of 465 COMPLAINT PROTOCOL Council Code of Conduct - Appendix 1 PART A - INFORMAL COMPLAINT PROCEDURE D 1. Any non -Member i mWkhiaTwho is directly involved with the " behaviour or activity by a Member that they believe contravenes the Code of Conduct may seek to address the prohibited behaviour or activity themselves in the following manner by following the Informal Complaint Procedure: R (a) document the incident(s) where the Member may have contravened the Code of Conduct including dates, times, locations, other persons present, and any other relevant information; (h) adWse a third party about the concerns regaf4ing the Member!& ast!ions; (c) advise the Member that the behaviour ar activity *pears t9 eonfr'avene A(b) identify to the Member the specific provision(s) of the Code of Conduct that may have been contravened; (c) encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to undertake to refrain from future occurrences of the prohibited behaviour or activity; (d) request the Integrity Commissioner to assist in informal discussion of the alleged complaint with the Member in an attempt to settle or resolve the 'issue; (e) if applicable: T (i) confirm to the Member that his or her response is satisfactory, or (ii) advise the Member that his or her response is unsatisfactory; (t) consider the need to pursue the matter in accordance with the Formal Complaint Procedure set out in Part B, or in accordance with any other applicable judicial or quasi-judicial process or complaint procedure. 2. Individuals are strongly encouraged to pursue the Informal Complaint Procedure as the first means of remedying behaviour or activity of a Member that they believe violates the Code of Conduct. 3. The Integrity Commissioner may participate in any informal process. The parties inveo'ved are 4 not a precondition or- a pFerequisite to _ ne-trit in Part B. Page 255 of 465 -2 - PART B - FORMAL COMPLAINT PROCEDURE Formal Complaints 1.(1) Any non -Member who is directly involved with the :dent 4e& ^rWimesses D behaviour or activity by a Member that they reasonably believe contravenes the Code of Conduct may file a formal complaint to request an inquiry by the Integrity Commissioner as to whether a Member has contravened the Code of Conduct in accordance with the following requirements: (a) all complaints shall be in writing on the prescribed form and shall be dated and signed by an identifiable individual; R(b) At a minimum, the prescribed form shall include: complainant name; complaint file date; disclose any past participation in seeking political office on Council during the most recent two (2) elections; identify the existence of any related investigations as contemplated bys.3(e); the complaint must se out reasonable and probable grounds for the allegation that the Member has A contravened an identified clause of the Code of Conduct ,and -that must be accompanied by a supporting sworn affidavit setting out the evidence in full in support of the allegation; and (e) GeuneH may also file a complaint against any of its Members by p. resolution requesting the Integrity CommissioneF to unde#4ake an inq'I"Fil F (2) individuals Subject to s,8 of this Complaint Protocol, non-members filing a formal complaint must provide a full and complete record of evidence to the Integrity Commissioner who is under no obligation whatsoever to, but may, seek additional or further information to supplement or complete the evidentiary record to substantiate or support the allegation set out in the complaint. T(3) Members are not permitted to file a formal complaint against other Members Filing of Complaint and Classification by Integrity Commissioner 2.(1) The complaint shall be filed with the Regional Clerk, who shall forward the matter forthwith to the Integrity Commissioner without added comment. (2) The Integrity Commissioner shall initially classify the complaint to determine if the matter is, on its face, a complaint with respect to non-compliance with the Code of Conduct and not covered by other legislation or other Council procedures, policies or rules as set out in Section 3. Complaints Outside Integrity Commissioner's Jurisdiction 3. If the complaint, including the supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint relates to matters addressed by other legislation or complaint procedure under another Region procedure, policy or rule, the Integrity Commissioner shall advise the complainant in writing as follows: Page 256 of 465 -3 - TMatter Already Pending (e) if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding, a human rights or workplace harassment complaint or similar process, or to a civil matter that is pending before the courts, the Integrity Commissioner shall, mat, in hislheF sole discretion and nom' in accordance with legislation, suspend any investigation; --in whole or in pending the result of the other process; Similar Matter Already Pending (f) if the complaint is in relation to a similar matter which is subject to an outstanding complaint before the Integrity Commissioner, the Integrity Commissioner may, in his/her sole discretion, consider the matter in conjunction with the similar matter or deal with it separately, including not undertaking an inquiry if the matter can be adequately addressed in any report and/or recommendations made with respect to the complaint in the similar matter; and Page 257 of 465 Criminal Matter (a) if the complaint is, on its face, an allegation of a criminal nature consistent with the Criminal Code, the complainant shall be advised that: (i) the Integrity Commissioner will refer it to the appropriate police service, or D(li) the complainant may pursue it with the appropriate police service if the complainant wishes to pursue any such allegation; Municipal Freedom of Information and Protection of Privacy Act (b) if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that R the matter must be referred to the Regional Clerk to deal with under its access and privacy policles under the statute; Other Procedure, Policy or Rule Applies (c) if the complaint appears to fall within the scope of another procedure, policy or rule A of the Region, the complainant shall be advised to pursue the matter under such procedure, policy or rule with the appropriate Regional official; Lack of Jurisdiction (d) if the complaint is, for any other reason not within the jurisdiction of the Integrity Commissioner (forexampleysuch as but not limited to: procedural matters, a Memberacting outside their official capacity, ri F^',. ,�.ater in relation to a decision of Council or a local board as a whole and not one or more individual Members), the complainant shall be so advised accordingly. and previded with any appr-opriatei TMatter Already Pending (e) if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding, a human rights or workplace harassment complaint or similar process, or to a civil matter that is pending before the courts, the Integrity Commissioner shall, mat, in hislheF sole discretion and nom' in accordance with legislation, suspend any investigation; --in whole or in pending the result of the other process; Similar Matter Already Pending (f) if the complaint is in relation to a similar matter which is subject to an outstanding complaint before the Integrity Commissioner, the Integrity Commissioner may, in his/her sole discretion, consider the matter in conjunction with the similar matter or deal with it separately, including not undertaking an inquiry if the matter can be adequately addressed in any report and/or recommendations made with respect to the complaint in the similar matter; and Page 257 of 465 -4 - Municipal Conflict of Interest Act (g) if the complaint is in relation to a contravention of sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, an elector, as defined in section 1 of that statute, or a person demonstrably acting in the public interest may file a formal complaint to request an inquiry by the Integrity Commissioner as to whether a Member has Dcontravened any of those aforementioned provisions of the statute. Limitation Period 4. The Integrity Commissioner shall not accept a complaint for which the event giving rise to the complaint occurred more than six (6) months on ''mar prior to the complaint submission. The complainant must establish R that the event giving rise to the complaint occurred andl - came to the complainant's attention whin ane (V year within six (6) months of the complaint being filed in accordance with Section 2. Periodic Reports to Council A 5.(1) The Integrity Commissioner shall provide an annual report to Council not after January 31 of any given year summarizing his or her activities, including a report on all complaints received and on their disposition under the following headings. total annual cost; number of complaints received, number of complainants; number of complaints dismissed; number of complaints investigated and found not to have contravened the Code of Conduct; number of complaints investigated and found to have contravened the Code of Conduct; number of complaints that were deemed to be F outside the s.3 jurisdiction of the Integrity Commissioner. (including complaints deemed and ruled not to be within thejuFisdieVen ef the Integrity Commissioner). (2) Notwithstanding Section 5(1), Council may by resolution request that the Integrity Commissioner provide a periodic report more frequently than once a year. TRefusal to Conduct Investigation 6. If the Integrity Commissioner is satisfied, after considering the information contained in the complaint, that a complaint: (a) is frivolous or vexatious, (b) is not made in good faith, (c) constitutes an abuse of process, or (d) discloses no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not he requked to conduct an investigation and, where this becomes apparent in the course of an investigation, the Integrity Commissioner shall terminate the inquiry and provide notice to the complainant and, if neeessary,4G the Member, Page 258 of 465 -5- Opportunities for Resolution 7. Following receipt and review of a formal complaint, oF at any Ume during investigation wherethe Integrity Commissioner shall first attempt to, 1^ '''.n . or her ,discretion, believes that an - oppe#4unily to resolve the matter informally. maysuccesshilly pursued without a formal invest�gatian, and both the semplainant D Investigation 8.(1) The Integrity Commissioner ma-y-shall proceed as follows, except where the 1^tayrft„ R no ^^'^'Wena' 1^F^rmatien 1n .equaled,-where otherwise required by the Public Inquiries Act, 2009 or where the Integrity Commissioner has not otherwise terminated the inquiry: (a) provide the Member with the submitted prescribed form and supporting sworn affidavit an ouWne of the somplaint with sufficient partiGular4tY to allow the Member to understand the complaint against him or her. but sh n net have any (hg the identity of any witnesses set out in the oomplaint or thatA F .; (b) request that the Member provide a written response to the allegations to the Integrity Commissioner within seven (7) days-, and (c) provide a copy of the Member's response to the complainant with a request that any written reply be provided by the complainant within seven (7) days. T(2) If necessary, after reviewing the submitted materials, the Integrity Commissioner may contact and speak to or correspond with any other persons, access and examine any other documents or electronic materials, including any materials on the Region's computers and servers, and may enter any Region work location relevant to the complaint for the purpose of investigation and potential resolution. (3) The Integrity Commissioner shall provide the Member with a draft of the proposed report on the complaint. (4) The Integrity Commissioner shall not issue a report finding a violation of the Code of Conduct on the part of any Member unless the Member has had an opportunity either in person or in writing to comment to the Integrity Commissioner on the proposed finding(s). (5) The Integrity Commissioner shall may, but 1s uncle- ^^ obligation, to advise either-the Member and er- the complainant of any proposed sanction or recommendation the Integrity Commissioner may include in the report to Council. Page 259 of 465 M (6) The Integrity Commissioner may make interim reports to Council where necessary and as required to address any instances of interference, obstruction, intimidation, delay, reprisal or retaliation by the Member or any other person encountered during the formal complaint investigation. (7) The Integrity Commissioner shall retain all records related to the complaint and D investigation but may provide copies of certain records, in confidence, to Regional administrative staff who are required to ensure that any such records are securely and confidentially retained. No Complaint Prior to Municipal Election R 9. Notwithstanding any other provision of this Complaint Protocol, no complaint may be referred to the Integrity Commissioner on or after the fourth Friday in July in a municipal election year. Advice Provided to Member by Integrity Commissioner A 10. (1) Subject to Section 10(2), a Member is entitled to rely upon any written advice given by the Integrity Commissioner to the Member respecting the Code of Conduct in any subsequent consideration of the conduct of the Member in the same matter provided that the Member fully disclosed all relevant facts known to him or her to the Integrity Commissioner and acted in accordance with the written advice provided by the Integrity Commissioner. (2) A Member under investigation by the Integrity Commissioner shall not request advice from the Integrity Commissioner as to the Member's rights under the Code of Conduct or generally at law, nor is the Member entitled to rely upon any statement(s) made by the Integrity Commissioner during the course of the investigation that may impact the Member's rights under the Code of Conduct or at law. Investigation Report T11. (1) The Integrity Commissioner shall report to the complainant and the Member no later than ninety (90) days after the official receipt of any complaints. If the investigation process is anticipated to or takes more than ninety (90) days, the Integrity Commissioner shall provide an interim report and must advise the parties of the date the report will be available. The Integrity Commissioner may also, at his or her discretion, advise any witnesses or other persons of the date the report will be available. (2) Where the complaint is sustained in whole or in part, the Integrity Commissioner shall report to Council outlining the findings, a summary of the s.7 attempt of an informal resolution, the terms of any settlement and/or any recommended remedial or corrective action. (3) The Integrity Commissioner shall may provide a copy of the report to the complainant and the Member whose conduct has been investigated in advance of the public release of the report, in strict confidence until the report is publicly released. The Member shall, cwt f^ c•ths^Gtion !1(5), have the right to address the report when it is considered by Council. Page 260 of 465 (4) Where the complaint is not sustained, the Integrity Commissioner is not obligated to report to Council on the result of the investigation or any findings although such information shall may included in a report or as part of an annual or other periodic report by the Integrity Commissioner. nr� zrssrra�s-r Findings 12. If the Integrity Commissioner determines that: R(a) there has been no contravention of the Code of Conduct, or (b) a contravention occurred but (i) the Member took all reasonable measures to prevent it, A(ii) it was trivial, (iii) it was committed through inadvertence, or (iv) it resulted from an error of judgment made in good faith, the Integrity Commissioner shall may so state in the report and shall may make F appropriate recommendations pursuant to the Municipal Act, 2001, including but not limited to, a recommendation of no penalty. Report to Council 13. Upon receipt of a report from the Integrity Commissioner, the Regional Clerk shall place T the report appended with the prescribed form and supporting sworn affidavit on the next regular agenda of Council for consideration by Council and Council must consider the report at that meeting and may accept or refuse the recommendations set out in the report and accept, refuse or vary any penalties or sanctions contained in the report. A report from the Integrity Commissioner may also be considered by Council in advance of its next regular meeting should Gogun^1' agme to bald a special or other meeting before its next mgulaF be called in accordance with the Niagara Region's Procedural Bylaw to consider the Fepo No Reports Prior to Municipal Election 14. (1) If the Integrity Commissioner has not completed an inquiry before the first day of May in a municipal election year, the Commissioner shall terminate the inquiry on that day. (2) if an inquiry is terminated under s.14(1), the Integrity Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, the person or entity who made the request or the Page 261 of 465 M Memberor former Member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. (3) The following rules apply during the period of time starting on the first day of May in a municipal election year and ending on voting day in a regular election: (a) There shall be no requests for an inquiry about whether a Member has contravened the Code of Conduct. (b) The Integrity Commissioner shall not report about whether a Member has contravened the Code of Conduct. (c) Council shall not consider whether to impose penalties as contemplated by s.16 of the Code of Conduct ff MWWAO".011% Duty of Council 15. (1) Council shall consider and make a determination on the Integrity Commissioner's report at the same meeting at which the report is tabled. (2) Notwithstanding 15(1), Council may defer an Integrity Commissioner's report for not more than one regular meeting upon the written request of the Member(s) in question if the Member(s) in question cannot attend due to an "Authorized Leave" as defined in s.1.1(cc) of the Niagara Region's Procedural By -Law Public Disclosure 16.(1) The Integrity Commissioner and every person acting under his or her jurisdiction shall preserve confidentiality where appropriate and where it does not interfere with the course of any investigation, except as required by law and as required by this Complaint Protocol. (2) The Integrity Commissioner shall retain all records related to the complaint and investigation although copies may be provided to the Region's administrative staff, subject to the duty of confidentiality under subsection 223.5 of the Municipal Act, 2001, f�1The Wentity ol the MembeF who is the sub4eet of the complaint shall not be treated as Genfidential information in the Integr4ty r (3) All reports and its appendices from the Integrity Commissioner to Council shall be made available to the public by the Regional Clerk. Page 262 of 465 Delegation 17, The Integrity Commissioner may delegate in writing to any person, other than a Member of Council, any of the Integrity Commissioner's powers and duties under Part V.1 of the Municipal Act, 2009. Ll "Ilk FOR F 1A Page 263 of 465 WE Code of Conduct— Formal Complaint Form/Affidavit AFFIDAVIT OF Im (full name), of the (City, Town etc.) (municipality of residence) in the Province of Ontario. MAKE OATH AND SAY (or AFFIRM): R1. 1 have personal knowledge of the facts as set out in this affidavit, because A(insert reasons e.g. I work for... I attended a meeting at which. etc.) 2. 1 have reasonable and probable grounds to believe that: (specify name of Member) a member of the Council of Niagara Region, has contravened section(s) (specify F section(s)) of the Council Code of Conduct of Niagara Region. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space above, with each paragraph being T confined as faras possible to a particular statement of fact. If you require more space please use the attached Schedule A form. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc, and attach them to this affidavit.) This affidavit is made for the purpose of requesting that this matter be reviewed and/or investigated by Niagara Region's appointed Integrity Commissioner and for no other purpose. SWORN (or AFFIRMFD) before meat the ) (City, Town etc. of), ) in the Regional Municipality of Niagara on ) (date) ) ) (Signature) A Commissioner for taking affidavits etc. Please note that signing a false affidavit may expose you to prosecution under ss, 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c, C-46 and also to civil liability for defamation. 28959031.4 Page 264 of 465 Appendix C Accountability Framework By-law CONSOLIDATED VERSION Page 265 of 465 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. -2017 A BY-LAW TO ESTABLISH AN ACCOUNTABILITY FRAMEWORK FOR DNIAGARA REGION WHEREAS the Municipal Act, 2001, B.Q. 2001, c. 25, as amended, provides for the establishment of codes of conduct for members of council and local boards of a municipality and for the appointment of an Integrity Commissioner to carry out certain functions and responsibilities; AND WHEREAS The Regional Municipality of Niagara will benefit from having a framework that R creates a regime to provide for a code of conduct, the appointment of an Integrity Commissioner and the accountability services to be provided by an Integrity Commissioner; AND WHEREAS sections S, 9 and 10 of the Municipal Act, 2001 authorize The Regional Municipality of Niagara to pass by-laws necessary or desirable for municipal purposes, and in particular paragraph 2 of subsection 11(2) authorizes by-laws respecting accountability and transparency in the municipality and its operations; THEREFORE the Council of The Regional Municipality of Niagara hereby enacts as follows: A1. Definitions: In this By-law the following terms shall have the meaning indicated: (a) "Accountability Services" means advice, education, complaint resolution, reporting to Council and matters required for assisting Council in the application of any procedures, rules and policies of the Region governing the ethical behaviour of members of Council; F(b) "By-laW means this Accountability Framework By-law; (c) "Code of Conduct" means the Niagara Region Code of Conduct for Members of Council established under the authority of subsection 223.2(1) of the Municipal Act 2001, (d) "Complaint Protocol" means the Complaint Protocol, Appendix 1 to the Code of Conduct; (e) "Council" means the Council for the Region; T(f) "Integrity Commissioner" means the Integrity Commissioner for the Region appointed under the authority of subsection 223.3(1) the Municipal Act, 2001; Page 266 of 465 -2- (g) "Member" means a person who is a Member of the Council; (h) "Official Capacity" means actions taken by a Member on Niagara Regional property; actions taken during Niagara Regional events and functions; actions taken during non -Niagara Regional events and functions where the D Member has been expressly invited as a Member; actions taken where a Member is representing a constituent in matters concerning business conducted by the Niagara Region; actions taken over social media that is in relation to the aforementioned circumstances (i) "Region" means The Regional Municipality of Niagara; 01 "Regional Clerk" means the individual appointed by Council to the office of clerk in accordance with section 228 of the Municipal Act, 2001; R(k) "Year" means calendar year, unless otherwise indicated. 2. Code of Conduct (a) Council shall adopt a Code of Conduct for Members of Council in accordance with the provisions of the Municipal Act 2001. (b) In recognition of their roles as elected representatives and as Members of Council, Members while acting in their official capacity shall t a'.� 'mss Aconduct themselves in accordance with the Code of Conduct. 3. Integrity Commissioner (a) Council shall appoint an Integrity Commissioner by by-law to provide Accountability Services in accordance with Part V.1 of the Municipal Act, 2001, sections 5, 5.1. or 5.2 of the Municipal Conflict of Interest Act, the Code of Conduct, the Complaint Protocol and this By-law. F (b) The Integrity Commissioner carries out in an independent manner the duties and responsibilities of his or her office as set out in Part VA of the Municipal Act, 2001, sections 5, 5.1. or 5.2 of the Municipal Conflict of Interest Act, the Code of Conduct, the Complaint Protocol and this By-law. (c) The Integrity Commissioner is accountable to and reports directly to Council. (d) The Integrity Commissioner is independent of Council and the Region's administration, subject to the requirements of this By-law. T (e) The Integrity Commissioner has full carriage and control of, and is fully responsible for, carrying out his or her responsibilities in compliance with the Code of Conduct, the Complaint Protocol, this By-law and all applicable laws Page 267 of 465 IC 0 0 F T -3 - except that the Integrity Commissioner is entitled to rely on the services of Regional staff to ensure that complaints are validly received and that adequate reporting to Council is facilitated and arranged. (f) The Integrity Commissioner shall liaise with the Regional Clerk, or his or her delegate and any persons that the Regional Clerk assigns responsibility to deal with any matter related to Part V.1 of the Municipal Act, 2009, subject to the duty of confidentiality set out in subsection 223.5(1). 4. Appointment, Removal and Resignation of Integrity Commissioner (a) A simple majority of Council is required for the appointment of an Integrity Commissioner and a two-thirds majority is required for an the extension of term, removal from office or termination for cause of the Integrity Commissioner. (b) The Integrity Commissioner shall be appointed for a fixed term of office. (c) The term of office for the Integrity Commissioner may be extended by Council in exceptional circumstances. (d) The Integrity Commissioner may only be remover{ from office for cause, prior to the expiry of the term of office, in accordance with this By-law and the procedures established by Council. (e) The Integrity Commissioner may resign from office at any time by giving ninety (90) days' written notice to the Council, unless the notice requirement is waived by both parties. 5. Selection of Integrity Commissioner (a) The selection process for the Integrity Commissioner shall be overseen by a selection panel appointed by the Chair and chaired by the Chair or the Chair's designate. (b) The appointment of the Integrity Commissioner shall be recommended to Council by the selection panel. 6. Term of Office for Integrity Commissioner The Integrity Commissioner shall be appointed for a four (4) year non-renewable term of office. 7. Responsibilities of the Integrity Commissioner The Integrity Commissioner will provide Accountability Services to the Region including: Page 268 of 465 -4- (i) to provide advice on the application of the Code of Conduct, Regional policies, procedures and rules, the Complaint Protocol and sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act; (ii) to conduct inquiries as directed by Council regarding whether a Member D has contravened the Code of Conduct or sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act; (iii) to provide advice to a Member, upon written request, respecting the Member's obligations under the Code of Conduct, Regional policies, procedures and rules, the Complaint Protocol and the Municipal Conflict of Interest Act; (iv) to provide opinions on policy matters and make other reports to Council Ras requested on issues of ethics and integrity; (v) to provide educational information and training to Council, to Members and to the public on matters related to the Code of Conduct and issues of ethics and integrity and to the Municipal Conflict of Interest Act; (vi) to provide general information to members of the public, on request, about the Code of Conduct, the Complaint Protocol and the availability of complaint resolution services or referrals as contemplated by the A Complaint Protocol; (vii) to maintain custody and control of the Integrity Commissioner's complaint and inquiry/investigation files and, on completion of his or her term of appointment, to retain jurisdiction of any complaints that are made to the Integrity Commissioner during the term of the contract; (viii) to provide such other services respecting ethical and integrity matters as assigned by Council or as may be required by the Municipal Act, 2001. F8. Two-thirds Vote Required for Changes (a) A two-thirds vote of ,XCGuncil Members present is required to pass a motion to amend or repeal this By-law. (b) This By-law shall come into force and take effect on the date it is passed, except for such provisions as may be required to come into force and take effect by any transitional provisions included within the Modernizing Ontario's Municipal Legislation Act, 2017 or any regulations made thereunder. Page 269 of 465 -5- 9. Short Title This By-law shall be referred to as the "Accountability Framework By-law". 28059062.2 Page 270 of 465 Teresa Fabbro From: Kristine Elia Sent: Monday, September 11, 2017 10:56 AM To: Bill Matson Cc: Teresa Fabbro Subject: FW: Proclaim Waste Reduction Week in Canada 2017 From: Waste Reduction Week in Canada [mailto:info@wrwcanada.com] Sent: September 5, 2017 5:38 PM To: Ken Todd Subject: Proclaim Waste Reduction Week in Canada 2017 Proclaim Waste Reduction Week in Canada Oct. 16 - 22, 2017 Waste Reduction Week in Canada, a coalition of environmental non-profit and government organizations from the 13 participating provinces/territories, is asking municipalities, businesses, and schools across Canada to demonstrate their commitment and accomplishments in waste reduction by proclaiming Oct. 16 — 22, 2017 as Waste i Page 271 of 465 Reduction Week in Canada. Municipalities are the bedrock of Ontario's waste reduction success by collecting more than 2 million tonnes of packaging, hazardous, and organic material every year. Waste Reduction Week in Canada provides you and your residents a platform to recognize the benefits of waste reduction, and we hope your municipal council and waste staff will take this opportunity to support a national environmental campaign that builds awareness around issues of sustainable and responsible consumption; encourages choice for more environmentally responsible products/services; and promotes actions that divert more waste from disposal and conserve natural resources, Proclamation In 2016 more than 70 communities across Ontario officially proclaimed Waste Reduction Week, and we'd appreciate your support and increase that amount in 2017. To proclaim Waste Reduction Week: • Download the roclamation and include your municipality's logo and seal on the bottom right. You are welcome to use your municipality's own certificate template instead, if desired. Visit wrwcanada.com/proclamations and upload the completed certificate, or email your completed certificate to info ,wrwcanada.com. Once submitted your proclamation will be featured on wrwcanada.com within 1-3 business days. In doing so, fellow municipalities, residents, and businesses across Canada will view and appreciate your support and commitment to waste reduction, recycling, and the environment. Promotion Download the 2017 Waste Reduction Week in Canada Program Guide (PDF) for mare details and ideas, including themes for each day of the week. Host events and facility tours that showcase and celebrate the behind the scenes work that goes into waste reduction and recycling. Register your events online. Support Waste Reduction Week In Canada through social media using hashtag #WasteReductionWeek in your communications. Share ideas, stories, and pictures of waste reduction initiatives to demonstrate commitment to reducing waste both at home and in the community. il1i�T11 %. T T!1 Canadians are proud of their natural environment and understand the value of protecting our resources. Campaigns like Waste Reduction Week in Canada play an important role N Page 272 of 465 in reminding us to conserve and maintain a lifestyle that helps to preserve them. Your support will help inspire individuals and other communities to mobilize and take action on this important initiative. We appreciate your commitment to the environment and for proclaiming Waste Reduction Week in Canada. Yours sincerely, Jo -Anne St. Godard Executive Director Recycling Council of Ontario 416.657.2797, ext. 3 info(a_.wrwcanada.corn About Recycling Council of Ontario Since 1878 RCO has worked closely with municipalities and businesses across Ontario to inform and educate all members of society about the generation of waste, the avoidance of waste, the more efficient use of resources, and the benefits and/or consequences of these activities, We also run programs that support waste reduction goals. Take Back the Light can help municipalities recover and recycle spent lights, whether they are generated through relighting, on-going maintenance, or facility retrofits. The program also works with organizations that recycle lights outside their purchase arrangements, and accepts lights and light fixtures in all quantities. Every light is tracked, and 98 per cent each light collected is diverted from disposal with component parts reused wherever possible. Visit www.TakeBackt_heLight.ca to learn more. 3RCertified is a unique program that reviews how organizations manage solid waste reduction and diversion operations, Participating facilities achieve certification levels based on established criteria and third -party evaluation of waste management and reduction practices. Visit www.3RCertified.c2 to learn more. E Page 273 of 465 Dear Mayor Jim Diodati, My name is Mark Nicastro and I am a resident of Niagara Falls and an advocate for the PKD Foundation of Canada. I wanted to reach out about a serious issue, in hopes that you can help on September 4h. Polycystic kidney disease (PKD) is a genetic disorder where abnormal cysts develop and grow in the kidneys. While this is a very serious and life-threatening disease affecting 66,000 Canadians and approximately 175 people in Niagara Falls, many people outside of the PKD community have never heard of it. This makes it more challenging to get the attention of important decision makers when it comes to funding and research. PKD awareness is an important and sensitive topic to me, based on how I have seen this often fatal disease devastate many people's lives. My sister-in-law's father suffered from PKD and waited on a transplant list for several years without ever find a match. It is believed that the stress of his poor quality of life at such a young age with four children, a wife, and a large extended family, was the cause of his heart attack at only 53 years. I now watch my nephews grow up only hearing stories of a great man and looking at photographs to see if they resemble him in any way, just as I grew up not knowing my own grandfather. Sadness is all around as it is with death from any other disease, I write to you with the name of the late Bill Orfanakos in mind. The PKD Foundation of Canada aims to promote programs of research, advocacy, education, support and awareness to discover treatments and a cure for polycystic kidney disease, improving the lives of all it affects. Since 2014, Health Canada has officially recognized September 4`h as National PKD Awareness Day, bringing much-needed attention to this disease. Being able to leverage this national recognition has had a positive impact on the community and our efforts. Last year, the mayors of Ottawa, Toronto, Barrie and Dollard-des- Ormeaux as well as the City of Saskatoon and the Town of Richmond Hill officially declared September 41h as National PKD Awareness Day, We would greatly appreciate if you could recognize September 4`h, 2017 as National PKD Awareness Day in the City of Niagara Falls. Please do not hesitate to reach out if you have any questions or require more information. Sincerely, Mark Nicastro asknicastro@gmail.com 416-993-2804 www.endpkd.ca � 877 410 1741 1 endpkd@endpkd.ca Page 274 of 465 Teresa iFabbro From: Bill Matson Sent: Tuesday, September 12, 20171:25 PM To: Teresa Fabbro Subject: FW: Airport Privatization Communication From:: Carey Campbell Sent: Thursday, September 07, 2017 5:28 PM To: Bill Matson Cc: Ken Todd Subject: FW: Airport Privatization Hi Bill: For Council's consideration, please. Thank you. caret' From: Massimo Bergamini [mailto:admin_=airlinecouncil.ca@ma[159.atl71.mcdlv.net] On Behalf Of Massimo Bergamini Sent: Thursday, August 31, 2017 11:30 AM To: Jim Diodati Subject: Airport Privatization VI®III,P® Conseil national des lignes aeriennes du Canada I'm writing to bring to your attention an issue that potentially affects the health and prosperity of all of Canada's cities and communities: airport privatization. As you may know, the federal government is currently considering the for -profit - privatization of Canada's airports. Page 275 of 465 Other countries that have privatized airports have found that it often leads to higher fees and reduced services for travellers and airlines. This can damage tourism, business travel, and the local economy. Most of all, it makes it more difficult and expensive to maintain essential connections with the rest of the country and the world. We hope that, with your support and that of your council, we can mobilize municipal and community leaders across Canada to oppose this plan. To be clear, our current airport governance model is not without problems, and these must be addressed to make our passenger aviation system more competitive and improve the traveller experience. But as long as for-profit airport privatization remains on the table, it will delay effective action needed to solve these problems. A number of municipal councils across the country have already adopted resolutions opposing for-profit airport privatization, among them Montreal, Toronto, Vancouver and the Capital Regional District of Victoria. We urge you and your council to join them in adopting a resolution opposing the for-profit privatization of airports and calling on the federal government to focus on modernizing the current system to lower costs for travelers and enhance the competitiveness of Canada's air transport industry. I have attached for your information a template resolution that your council may want to adapt, a template letter to your local Member of Parliament, as well as a backgrounder on airport privatization and one on Canada's airline industry. We believe that successfully stopping this misguided initiative will require a groundswell of opposition. We hope that you will join us in urging the Government of Canada to abandon this plan and focus on the real issues that 2 Page 276 of 465 Page 277 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, September 12, 2017 1:13 PM To: Teresa Fabbro Subject: FW: Steve Ludzik Celebrity Roast & The Steve Ludzik Foundation Let's list this as a Communication From: Carey Campbell Sent: Thursday, August 24, 2017 2:42 PM To: 'Tim Housser'; Jim Diodati Cc: steve ludzik; Teresa Fabbro; Bili Matson; Karl Dren Subject: RF: Steve Ludzik Celebrity Roast & The Steve Ludzik Foundation Hello Tim: Many thanks for your email to Mayor Diodati. I am forwarding this request to Bill Matson for review by City Council at the next available opportunity. Carey See more of Mayor Jim at From: Tim Housser [mailto:timthousser(cbbell. net] Sent: Monday, August 21, 2017 7:01 PM To: Jim Diodati Cc: Steve ludzik Subject: Steve Ludzik Celebrity Roast & The Steve Ludzik Foundation Mayor Diodati and Members of Council Would you be so kind to consider waiving the bus charges we incurred for the transportation from the Old Stone Inn on Saturday Aug 19 for the Steve Ludzik Celebrity Roast at your Aug 22, 2017 meeting The cost will be $587.60 for the service, Page 278 of 465 Thank you for your time and consideration into this matter which is greatly appreciated On Behalf of The Steve Ludzik Foundation Sincerely Tim Housser Director of the Foundation From the desk of Tim 905-358-1329 Page 279 of 465 Teresa Fabbro ..................................................................... From: Bill Matson Sent: Tuesday, September 19, 2017 1:02 PM To: Teresa Fabbro Subject: FW: Food Trucks at Saint Paul Teresa, Please list a "Communications" for Saint Paul High School Spirit Day. Taking place Friday October 13, 2017. Request to permit up to 3 Food Trucks on the school property and waive any licensing fees for the one day event. — For the Consideration of Council. HE From: Seca, Aldo [mailto:aldo.seca@ncdsb.com] Sent: Tuesday, September 19, 2017 11:15 AM To: Bill Matson Subject: Re: Food Trucks at Saint Paul Thanks for the reply. Name is Aldo,.... not Also:) As soon as I get confirmation I will send the names. The reason ...,,something Student Council does for lunch tied in with a Spirit Day. Yes, to waive any licensing fees. As this is really a non-profit event for the school. M• From: Bill Matson <billmatson@niagarafalls.ca> Sent: Tuesday, September 19, 2017 11:08 AM To: Seca, Aldo Subject: Re: Food Trucks at Saint Paul Also, Could you provide me with some more details please. Names of the owners of the food trucks, reason and/or name of the event. Is the request to waive any licensing fees? Sent from my Whone I Page 280 of 465 On Sep 19, 2017, at 10:37 AM, Seca, Aldo <aldo.seca@ncdsb.com> wrote: Hello Bill. I hope things are well. In the past I have dealt with Dean but an email was sent to contact you. We are looking at having the food trucks(3 of them) at Saint Paul on Friday, October 13th. Can you please bring this to the Niagara Falls City Council for approval. Usually we do this once a semester. If you have any questions please let me know. Aldo Seca Saint Paul Catholic High School 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 underthe 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. Page 281 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, September 19, 2017 9:15 AM To: Teresa Fabbro Subject: FW: Appointment of Library Board Members to fill vacancy Attachments: Memo to Council re vacancy on Library Board Sept 2017-signed.pdf Teresa, Please list this email and attachment under Communications —For the Consideration of Council Bill From: Alicia Subnaik Kilgour [mailto:askilgour@nflibrary.ca] Sent: Friday, September 15, 2017 12:04 PM To: Bill Matson; Ken Todd Subject: Appointment of Library Board Members to fill vacancy Hello Bill, Please find attached the Memo you requested regarding filling the vacancies on our Library Board. You will also find attached, Karl Dockstader's application and resume. It would be greatly appreciated if this issue can be addressed at the upcoming September Council meeting. As we have previously discussed, our Board would really benefit from filling the vacancies, due to issues surrounding scheduling and quorum. In addition, I would like to include a short presentation to Council regarding our Annual Report and new Branding. Perhaps, this can be discussed at the October Council Meeting. Please let me know if you require anything further. Thanks, Alicia 5ubnaik Kilgour BBA, MUS CEO/Chief Librarian Niagara Falls Public Library 4848 Victoria Avenue Niagara Falls, ON L2E 4C5 Phone: 905-356-8080 x230 Fax: 905-356-7004 my.nflibrarv.ca Page 282 of 465 PUBLIC LIBPARY To: Mayor and Members of Council From: Alicia Subnaik Kilgour, CEO/Chief Librarian CC: Ken Todd, CAO 4848 Victoria Avenue Niagara Falls, Ontario L2.E 4C5 Canada Tel: 905-356-8080 Fax 905-356-7004 my.nflibrary.ca Bill Matson, Acting City Clerk Date: September 6, 2017 Subject: Appointment of Council Representative and Member from the Community Recommendation: The Niagara Falls Public Library Board respectfully requests that Council appoint a community representative and a Council Representative to complete the remainder of the Library Board Term. The Library Board recently passed the following motion: Given the goals and work ahead, in the coming year, for the Niagara Falls Public library Board 1 would like to make the motion that we respectfully request council appoint candidates to the Board to fill the current vacancies for the remainder of the term, and that we forward the application of Karl Dockstader, an active community member and interested citizen to facilitate the process. Moved - Anne And res -Jones Seconded - John Anstruther Carried Background: Brad Peters, resigned from the Library Board May 17th 2017, as he was relocating to Peterborough. This created a vacancy on the Board to be filled by a community resident of Niagara Falls. Karl Dockstader, has submitted his application for consideration. Mr. Dockstader is a resident and an avid user of the Niagara Falls Public Library; additionally, he is an advocate for literacy and a champion for Library Services. As the Library Board term is nearing the end, Members of the Library Board respectfully request the appointment of M r. Dockstader, a community representative, to complete the remainder of the term. Another vacancy was created on the Library Board when Councillor loannoni, was removed from the Library Board. The Acting City Clerk, Bill Matson, has confirmed that By-law 2015-45, the by-law that provided for Council member appointments to certain Boards, Commissions and Committees, indicates that Council Representation is required. Page 283 of 465 As the Library Board requires Council Representation, the Library Board respectfully requests the appointment of a Council Representative to complete the remaining term on the Library Board. Conclusion: The Niagara Falls Public Library Board respectfully requests that Council appoint a community representative and a Council Representative to complete the remainder of the Library Board Term. Attachments: Application: Karl Docl<stader Resume: Karl Dockstader Prepared: d� Alicia Subnaik Kilgo 0/Chief Librarian Submitted: Alicia Subnail< Kilgour, CED/Chief Librarian Page 284 of 465 Karl Dockstader August 2151, 2017 Attention: Niagara Falls City Clerk 4310 Queen Street Niagara Falls, ON, L2E 6X5 Dear City Clerk: I was recently made aware of a vacancy on the Niagara Falls Library Board of Directors and would like to submit my credentials for consideration for the vacant position. I have over 5 years of Executive governance experience through the Niagara Regional Native Centre where I currently serve as President. I have the great pleasure of having been involved in various other community initiatives but have a keen interest in seeing the capacity for our community assets like libraries to continue their important role. It would be humbling to be selected for the honour of helping to improve access, literacy, and build on the important work of the Niagara Falls public Library for the next year. I would be happy to answer any questions and can be most easily reached by the accompanying email or at Thank you very much for your consideration. Warmest Regards, ,"' armes Regards, ' Karl Dockstader Resume enclosure Application enclosure Page 285 of 465 See Reverse Side for List of Committees & Contacts - 2015 -2018 Application for Citizen Appointments to aa!,"i'S Boards, Commissions and Committees (NAME OF BOARD / COMM, "SION / COMMITTEE) APPLICANT INFORMATION _.......... ... Name: cl(- I1ZBG S''`AU'er e-mail: r -f nv 1 a cVa %, VAWt w' O s s7,75I oral rc�cw I. _ ,m YES NO Street Address: u �t Postai Code: t Z�� 7—A,+ Age 18+ 2' ❑ Home Picone: i- Resident of Cell Phone: (optional) , l hereby Consent 1 0 do not consent, to the release of my address and telephone number(s). This information will be included in the list of Boards, , is used by City Staff and Council for appointment purposes only. Commissions and CommiZ7, Applicant's signattre --•-- -- Gate: Niagara Falis QUESTIONNAIRE _.......... ... Have you been on a City Council appointed committee or board in the past?: Yes No ✓ Briefly describe your recent volunteer experience: r -f nv 1 a cVa %, VAWt w' O s s7,75I oral rc�cw 1,Mir av, Briefly describe additional skills or ex rience relevant to this appointment. - !v c- ct .A - l hereby Consent 1 0 do not consent, to the release of my address and telephone number(s). This information will be included in the list of Boards, , is used by City Staff and Council for appointment purposes only. Commissions and CommiZ7, Applicant's signattre --•-- -- Gate: Questions and/or application forms can be sent to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356-7521 Fax: (905) 356.9083 or e-mail: bmatson@niagarafalls.ca Applicants must be residents of the City of Niagara Falls. The Personal information on this form is collected under the authority of the Municipal Act, S.O.2001, c.25 and will be used by City Council to evaluate the qualifications for citizen appointees to the City of Niagara s=ails Boards, Commissions & Committees. Page 286 of 465 Karl Dockstader St, Niagara Falls, ON, karldockstader.com Proven, responsible, socially conscious, motivated person not afraid to do the little jobs to get to the bigger results. Community Indigenous Contributions Contributdons Featured speaker for Bridge of Hope information session explaining Indigenous history, treaties, and Truth and Reconciliation for Quaker, Mennonite and Muslim community members • Co -host of One Dish, One Mic on the Niagara Podcasters' Network • Organized a communityevent to raise awareness and advocate for an inquiry into Missing and Murdered Indigenous Women and Girls • Member of the Fort Erie Native Friendship Centre youth Anishinaabe big drum Mskwa ZHU and host drum for 2016 Assembly of First Nations Annual General Meeting • Published contributor to the Two Row Times • Coordinated with politicians and the press for various initiatives on multiple occasions Niagara Region at Large Contributions • Co-chair of the Niagara Anti Racism Coalition • Invited public speaker including introducing Tom Rand and Tom Rankin at different events • Consultant and writer for Renewable Energy Advocacy • Published in Niagara at Large, and Niagara Energy Alliance • Represented Niagara College on a live CHCH segment VVark Hist(,W/ Anti -Racism Project Coordinator Fall 2016 - Present Fort Erie Native Friendship Centre Fort Ere 'The FRIEND Project' aims to empower dialogue and ensure all spaces in Niagara are free of racism and informed of the challenges it creates. The initial campaign is implementing a pro -social Indigenous awareness campaign in an effort to counter racist perceptions with positive ones. Please get more info at fenfc.org/friend Indigenous Knowledge Instructor Fall 2016 - Present Niagara College Niagara -on -the -Lake Instructed and redesigned this environmental course at Niagara College which is a dual credit elective featuring traditional indigenous knowledge applied to ethnobotany, agronomy and ecology. Have assisted with other occasional projects. President to the Board 2012 - Present Niagara Regional Native Centre Niagara -on -the -Lake Past President, Secretary and Treasurer with oversight of an over $2 million dollar budget. Also the founding Powwow committee chair and lead fundraiser for over $15,000 through grassroots channels including crowdfunding and social media campaigns. Page 287 of 465 Werk History Facilitator and Consultant 2016 - 2017 Niagara Catholic District School Board Niagara Region Reconciliation consultant including co -facilitating the KAIROS blanket exercise and cultural workshops for students from Kindergarten to grade 8. Delivered an administrator level cultural competency workshop to senior school officials at the NCDSB Technical Sales and Support 2013-2016 EHT/Umbrella Energy Welland Starting as a solar expert with Umbrella Energy in Niagara Falls our work as a company was attractive enough to be purchased into EnerDynamic Hybrid Technologies Inc. Designer and salesperson for solar, wind, off grid and modular housing divisions. Electricity and Systems Monitoring Instructor Fall 2013 Niagara College Welland Researcher 2012-2013 Niagara Research Welland Executive Chef 2011 Royal Niagara Golf Club Niagara -on -the -Lake Executive Chef 2008-2010 Casablanca Winery Inn Grimsby Executive Chef 2008 Copetown Woods Gold Club Copetown Education & Renewable Energy Technician Degree Cerl•.ificates Niagara College Welland, ON Spring 2013 Culinary Arts and Head Chef Certificate Diploma Liaison College St Catharines, ON Certificate of Qualification for the Trade of Cook Provincial Red Seal Qualification Page 288 of 465 Sp,,rjic Itie>,s Software Competencies: MS Office Suites, Office 365 Administration, LibreOffice, Google Docs, Adobe Acrobat, Basic HTML and CSS, AutoCAD, Wordpress, Audacity Audio Editing Bi-wekly Panelist or the 'Noon 30' with Tom McConnell Webmaster of karldockstader.com Clean CPIC Available upon request Clean Driver's Abstract for G License Available Upon Request Ref eren oes LianneGagnon Associate Dean of Academic and Liberal Studies Niagara College Doreen Hill Manager and Aboriginal Family Services Coordinator Fort Erie Native Friendship Centre Samuel Thomas Artist and President to the NRNC Board Niagara Regional Native Centre Roxanne Rees Reconciliation and Indigenous Liaison Niagara Catholic District School Board Kelly Davis Independent Consultant and Director of NRNC Numerous Organizations Sabrina Shawana Women's Hand Drum Lead and Community Activator Fort Erie Native Friendship Centre William Shaw Lead Installation and Planning Manager EnerDynamic Hybrid Technologies Inc Bryan Mewhiney Program Coordinator and Researcher Niagara College Position Specific References and Contact Info Available Upon Request "To honour the spirit of the Treaties is to honour the roots of these new nations that have formed on the back of Our Mother the Earth. To neglect them is to neglect peace, strength and integrity. We know we have the ability to change, but do we have the will?" Karl Dockstader Page 289 of 465 NIAGARA FALLS INTERNATIONAL MARATHON September 5, 2017 To: Honorable Mayor Jim Diodati and Members of Council Re: Niagara Transit Request Dear Mr. Mayor and Members of Council: For the past several years, Niagara Transit has supplied the Niagara Falls International Marathon with the usage of six (B) buses and bus drivers This service has helped the marathon by shuttling participants to various areas of the race while lowering costs. Please accept this as an official request for the donation of this service, which will be used to shuttle both the participants and spectators involved with the Marathon, Half -Marathon, 5 km and 10 km races from Rapidsview Drive to the Finish area and back. This service would also be used to shuttle the participants from the Finish Line to bus pick up. In addition, the event requires road closure and barricade setup. We have made our application to the City's Transportation Services department for a Road Use Special Events Permit. There is an associated fee with the road closure and setup. In Fort Erie, the Marathon provides volunteers to do the setup of the barricades etc., which saves our organization costs. As a result, we would respectfully request Council waive the associated fees. This year's event takes place on October 16, 2017. We are proud of the significant economic impact our event brings to the community. In addition to the various running options, this year's associated Race Expo takes place at the Scotiabank Convention Centre on October 13th and 14th. We are working with Niagara Transit staff to provide earlier WEGO service on the days of the Expo to facilitate the attendance of runners and their families. We are working hard to create a great experience at the expo as well as at the race so we are requesting to allow for the provision of refreshment vehicles at the Scotiabank Convention Centre and the waiver of any related fees. We are extremely grateful for all the support that City Council and staff have given us over the years and look forward to continued support in 2017. Thank you in advance for your consideration of the various requests! Sincerely, Diane Chesla & Henri Ragetlie Co- Race Directors Niagara Falls International Marathon Inc. 5603 Spring Street, Niagara Falls, ON, L26 1P7, Canada Phone: 905-356-9460 Fax: 905-356-7156 racedirector rr ningarafallsmarathon.coin www.nia arafallsmarathon.com Page 290 of 465 Teresa Fabbro From: Bill Matson Sent: Tuesday, September 19, 2017 6:44 PM To: Teresa Fabbro Subject: FW: On that request that Henri just sent... Attachments: 2017-NF-RequestLetter.pdf Please include the attachment for the Communication "NF International Marathon— Request to waive transportation, road closure, and refreshinent vehicle licence fees From: Bill Matson Sent: Tuesday, September 12, 2017 1:21 PM To: Foglia, Teresa (MGCS) (Teresa. Foglia@onta rio.ca) Subject: FW: On that request that Henri just sent... Communication From: Bill Matson Sent: Tuesday, September 05, 2017 2:08 PM To: Teresa Fabbro Subject: FW: On that request that Henri just sent... Teresa, To update their initial request. Eff From: Race Director[mailto:racedirector@niagarafalismarathon.com] Sent: Tuesday, September 05, 2017 1:12 PM To: Mathew Bilodeau Cc: Bill Matson Subject: Re: On that request that Henri just sent... Hi Mathew, Please find attached our revised Council request. We have added the request to have food trucks at the Scotiabank Convention Centre during the expo on Thursday October 13th and Friday October 14th. Creating Extraordinary Niagara Running Experiences Diane Chesla & Henri Ragethe Co -Race Directors Niagara Falls International Marathon Inc. 5603 Spring St., Niagara Falls, ON L2G IP7 Phone: 905-356-9460 Fax: 905-356-7156 I Page 291 of 465 Website: www.zliagarafatismarathon.com I On Wed, Aug 23, 2017 at 12;58 PM, Mathew Bilodeau <mbilodeauP_niagarafalls.ca> wrote: Diane, There is no immediate rush for the Council request. The next Council meeting is on September 26th, 2017. When finalized please forward a PDF copy of the letter to myself and Bill Matson (copied on this email). Thanks, -Mathew Mathew Bilodeau, C.E.T. Manager of Transportation Engineering City of Niagara Falls (905) 356-7521 ext. 5204 mbilodeau@niagarafalls.ca From: Race Director[mailto:racedirector@niagarafallsmarathon.com] Sent: Wednesday, August 23, 2017 11:42 AM To: Mathew Bilodeau Subject: On that request that Henri just sent.. Hi Mathew? Can you give me the day to potentially revise that Council request that Henri just sent you? We may need to add another request in there about having Tim Hortons beverage truck at the Scotiabank Centre. Page 292 of 465 Diane Creating Extraordinary Niagara Running Experiences Diane Chesla & Henri Ragethe Co -Race Directors Niagara Falls International Marathon Inc. 5603 Spring St., Niagara Falls, ON L2G 1P7 Phone; 905-356-9460 Fax: 905-356-7156 Website: www.niaEiarafallsmarathon.com Page 293 of 465 Page 294 of 465 � H O a p O (7 N O © o O � O a o O a O Q O r C7 N f� N 00 M k� M ttl n 4- %n r J v � T ca O C �l U 13/ U N C o EE a a -JO Z N d .. N O O O [S o N m N �t N m ` O O O O 0) V1 (h nl a) O E ao¢ +� C 7 O d C C 0 m O a N � M p7 DL W Ul N m m O � C7 O R a O O _ O O •g�_o a to a IK O ZSz O � Q. 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S N � L_ _+�' O - j m a z E cq .n v N I1 3 'UL " N u a W mci o " 'C = V 9 d 'O LL . i r Ol Rl _ O p ai a 5 a N C QI = p 0) � - c d �° u J T u ??m � N m is � ❑ Z ❑ Z •V y c IJ d f4 fL Oin `m 3 to U_ a J LL1 F n O m m C X O Q C z z w vi m Z C c o N ca p G] (U^ O� o o (Q N EM .--. m E C O U' Z � ~ m � Ci a W o U N C n. o. o ON N L O F- (+f O z Q N F N Q CU a �a 3 a c° c V 'U O tB q O F uj Z �U Crm o c m c o O O CD � 'AM ~ ca M O C C � 'C 41 .Q o N Nco O E p W E m 0 0 a Q O Z Ol � > � �'" m E ro (0 z U] N O O N .- � �, l5 CO N (d �❑ p� N N 27 fYj ? o (D t O va m 4 d O U -p N d N O N U f6 - E o c 03 O L En O O O. N lli �i C N N O C O UJ lii ) N d U A . C] N O N N "cm O 0 U1 O U.O �' Y Y () Z 3 y 'D t N O t F- w`�p � �_ C N �U O z ca ' Q D v E o m W N o ~ mU N N nom' W M.0 m ar -c .` 0.- F � i-� z Q U O < I Z Qa © JLC Page 294 of 465 � H O a p O (7 N O © o O � O a o O a O Q O r C7 N f� N 00 M k� M ttl n %n J v � Z� w a a Z N � d N O O O [S o N m N �t N m ` O O O V1 (h nl u1 0 E ao¢ N � M m m O � R a O O •g�_o a to a IK 16�•O U � r� v v in m m n a v v v© v v s a N N M N m N N cV N m (h t (p p a � � „m ami �1 N � N M M N l0 � r y M p �E o N a` m + m r a m (o r v� rn m m m C E a p E p m d (o � o o cu ra a a am �r a r m N m m h v m n o m m in a � a a G � ❑ tl7 a N i9 � U N U v Q I! T U U � m � 4!' S N � a I1 N a " = V 9 d U a 5 a � - c d �° u J T u ??m � N m is � ❑ Z ❑ Z •V y c IJ d f4 fL 3 Page 294 of 465 Teresa Fabbro From: Bill Matson Sent: Wednesday, September 20, 2017 4:40 PM To: Teresa Fabbro Subject: FW: Regional Report PDs 33-2017 re Smarter Niagara Incentive Program 2017 Budget Update Attachments: CLK-C-2017-85 PDS 33-2017.pdf Please include this as an ADDITION to the Agenda on Monday. Communications — for the Information of Council. From: Norio, Ann -Marie [mailto:Ann-Marie.Norio@niagararegion.caI Sent: Wednesday, September 20, 2057 8:51 AM To: Ashley Grigg; Bill Matson; Bonnie Nistico-Dunk; Carol Schofield; Carolyn Langley; Hazel Soady-Easton; Meredith Kirkham; Nancy Bozzato; Peter Todd; Tara Stephens; William Kolasa; Delvecchio, Donna; clerk@thorold.com Cc: Bannerman, Marian; Oakes, Nicole Subject: Regional Report PDs 33-2017 re Smarter Niagara Incentive Program 2017 Budget Update Please be guided by the attached letter. Ann -Marie Norio, BA, Dipl. M.A., CMM F Legislative Coordinator Administration - Office of the Regional Clerk Niagara Region Phone: 905-980-6000 ext. 3479 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www. niagararegion.ca The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication; or any of its contents, is strictly prohibited. if you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 295 of 465 Administration Niagara Region Office of the Regional Clerk g 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1.800-263.7215 Fax: 905-687-4977 www. n i agara re gi o n, ca September 18, 2017 CL 12-2017, September 14, 2017 PEDC 6-2017, September 6, 2017 Report PDS 33-2017 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Smarter Niagara Incentive Program 2017Budget Update PDS 33-2017 Regional Council, at its meeting of September 14, 2017, approved the following recommendation of its Planning and Economic Development Committee: That Report PDS 33-2017, dated September 6, 2017, respecting Smarter Niagara Incentive Program 2017 Budget Update, BE RECEIVED and the following recommendations BE APPROVED: 1. That a one-time amendment to the previously adopted 2017 Operating Budget in the amount of $447,543 for the Smarter Niagara Incentive Program funded from the Smart Growth Reserve BE CONSIDERED at the Regional Council meeting of September 14th, 2017 via Report CSD 55-2017 with the appropriate public notice in accordance with the Region's Public Notice Policy number C3.P09; and 2 That notification BE CIRCULATED to all local municipalities that the 2017 budget for the Smarter Niagara Incentive Program has been fully allocated and no additional Smarter Niagara Incentive Program funding requests will be processed for 2017. A copy of Report PDS 33-2017 is attached for your information. Page 296 of 465 The Regional Municipality of Niagara September 18, 2017 Page 2 Yours truly, Laura Bubanko Regional Clerk :amn Encl. CLK-C 2017-85 cc: M. Bannerman, Program Manager, Grants and Incentives N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 297 of 465 Niagara'w�jf Region PDS 33-2017 September 6, 2017 Page 1 Subject: Smarter Niagara Incentive Program 2017 Budget Update Report to: Planning and Economic Development Committee Report date: Wednesday, September 6, 2017 Recommendations 1. That a one-time amendment to the previously adopted 2017 Operating Budget in the amount of $447,543 for the Smarter Niagara Incentive Program funded from the Smart Growth Reserve BE CONSIDERED at the Regional Council meeting of September 14�h, 2017 via CSD 55-2017 with the appropriate public notice in accordance with the Region's Public Notice Policy number C3.P09. 2. That notification BE CIRCULATED to all Local Municipalities that the 2017 budget for the Smarter Niagara Incentive Program has been fully allocated and no additional Smarter Niagara Incentive Program funding requests will be processed for 2017. Key Pacts • The purpose of this report is to inform Regional Council of the budget pressures on the Smarter Niagara Incentive Program budget to date and, subsequently, to seek Regional Council's approval through associated report CSD 55-2017 to transfer funding from the Smart Growth Reserve to enable staff to approve all requests for regional program funding received in to date in 2017. • The Smarter Niagara Incentive Program is a suite of Regional incentives designed to encourage revitalization and redevelopment by providing matching funding to Local Municipalities with complementary programs for locally approved projects. • Requests from Local Municipalities for Smarter Niagara Incentive Program funding are processed on a first-come, first-served basis until monies in the annual budget are fully allocated. The current mechanism to allocate funding for the majority of grant types under the program is through municipally generated forecasting forms and associated required documentation. • The 2017 Council approved operating budget for Smarter Niagara Incentive Programs is $634,043. • A combination of deficit in previous year commitment estimates and increased requests from Local Municipalities for Smarter Niagara Incentive Program matching funds to date in 2017 has resulted in an identified budget shortfall of $447,543. Page 298 of 465 PDS 33-2017 Niagara'�®`f Region September 6, 2017 Page 2 • Funds within the Smart Growth Reserve are available to fund Smarter Niagara Incentive Program projects approved by Local Municipalities. • It is recommended that Regional Council approve a budget amendment to facilitate the transfer of $447,543 from the Smart Growth reserve to the 2017 Smarter Niagara Incentive Program budget by approving CSD 55-2017 at the September 14, 2017 Regional Council meeting. • Staff will inform Local Municipal partners that the 2017 Smarter Niagara Incentive Program budget has been fully allocated and no further requests for Regional matching funding will be processed in 2017_ This does not prevent Local Municipalities from continuing to approve and fund their own 2017 grants, • A report on the scope and process for the review of all Planning and Development grant programs will be forthcoming before the end of 2017. This review is anticipated to address the budget for the program. Financial Considerations The 2017 Council approved operating budget for the Smarter Niagara Incentive Program is $634,043, which is funded from the operating levy. To date, forecasted 2017 projects approved by Local Municipalities total $664,151 resulting in a base budget deficit of $30,108. In 2016 effort was made to ensure funds were committed for all Smarter Niagara Incentive Program requests which had been approved by Local Municipalities in previous years and remained outstanding. This was accomplished by obtaining approval through the 2017 budget process for a $1.1 million one-time transfer from the Smart Growth Reserve. The final total of approved requests for Local Municipalities was $1.517 million, resulting in a funding deficit of $417,435. The total forecasted deficit of the Smarter Niagara Incentive Program is $447,543 if no further commitments are made in 2017. In addition to the projects to be funded by the one-time transfer from the Smart Growth Reserve, there are 2016 projects which are completed but the invoicing remains outstanding. These accrued projects total $668,741 in committed funding from the 2016 Council approved budget and do not add to the current projected deficit. Local Municipalities have been requested to provide regular updates on these outstanding projects, and have been urged to expedite their completion and invoicing. The balance in the Smart Growth Reserve is $898,582. After the budget amendment there will be a balance of $451,039 in the Smart Growth Reserve. Page 299 of 465 PDS 33-2017 Niagara'�/Sf Region September 6, 2017 Page 3 Analysis Smarter Niaaara Incentive Proaram Overview The Smarter Niagara Incentive Program encourages revitalization and redevelopment in Niagara through a suite of primarily cost-sharing incentives with Local Municipal partners. Current Smarter Niagara Incentive Program incentives include: • Environmental Assessment Study Grant • Property Rehabilitation and Redevelopment Tax Increment Financing Grant • Building and Facade Improvement Grant/Loan • Residential Grant/Loan • Agricultural Buildings and Facilities Revitalization Grant/Loan • Agricultural Feasibility Study Grant • Development Charge Reduction Grant • Planning Grant • Heritage Restoration and Improvement Grant/Loan Smarter Niaaara Incentive Proaram Process for Budget Allocation Previously, requests for Smarter Niagara Incentive Program funding from Local Municipalities were reviewed, approved and paid upon invoice submission. Under this system there was not a clear line of sight on requests for funding within any given budget year, nor was there certainty for Local Municipalities that there would be budget dollars available upon project completion to partner on eligible Smarter Niagara Incentive Program projects. As a result of the introduction of the Enhanced Financial Management System, budgeting for Smarter Niagara Incentives Program was transitioned to an upfront funding allocation methodology. This new methodology was implemented this year, enabling greater predictability and accountability in the program budget. The transfer from reserves requested through this report will enable a final reconciliation of historical commitments into our new financial system. 2017 Smarter Niaaara Incentive Proaram Budget Pressures In 2016 staff worked closely with Local Municipalities to update the database of all locally approved, outstanding Smarter Niagara Incentive Program projects. A $1.1 Million reserve transfer was requested through the 2017 budget to enable the recognition of these projects as commitments in the new financial system, This transfer amount was based on known projects at the time of budget approval. The final total of approved requests from Local Municipalities was $1.517 million, resulting in a funding deficit of $417,435. Page 300 of 465 Niagara%jf Region PDS 33-2017 September 6, 2017 Page 4 Q1 forecast forms submitted from the majority of Local Municipalities indicated that there might not be sufficient budget to commit all Smarter Niagara Incentive Program requests for 2017. Staff provided all Local Municipalities with the opportunity to provide all locally approved program funding requests up to August 4, 2017, to compile an accurate assessment of program funding requests. Eligible projects as of August 4, 2017 provided by all Local Municipalities indicate a total of $664,151 in program funding requests for 2017. Conclusion and Next Steps A combination of increased uptake in Smarter Niagara Incentive Program incentive programs, improved budget forecasting provided by Local Municipal partners, and commitment accounting provided by the Region's new financial system, has resulted in the recognition that as of August 4, 2017, program commitments made to date and requests for Smarter Niagara Incentive Program matching funding from Local Municipalities exceed the 2017 Smarter Niagara Incentive Program budget by $447,543. This report requests that funds be transferred from the Smart Growth Reserve to meet this shortfall. All Smarter Niagara Incentive Program projects for which Regional funding has been committed prior to August 4, 2017 will continue to be processed, but no further Smarter Niagara Incentive Program funding requests will be processed in 2017, Some Local Municipalities indicated they anticipated approving projects after August 4, 2017 for which they hoped to request Smarter Niagara Incentive Program matching Regional funding. It should be noted that the fully committed 2017 Regional budget resulting in no further processing of Smarter Niagara Incentive Program 2017 requests in no way prevents Local Municipalities from continuing to fund their own portion of related incentive programs for the remainder of the year. If Regional Council wishes to fund additional requests in 2017 further direction is required. The Smarter Niagara Incentives Program will be reviewed as a component of a broader review of Planning and Economic Development grant programs. A report on the incentives scope and process for the review of all Planning and Development grant programs will be presented to the Planning and Economic Development Committee by the end of 2017. The review will look at the Smarter Niagara Incentive Program budget, budget allocation methods, and the evolution of the focus of the program. The review will aim to align the program with Regional Council's strategic priorities and focus on supporting proactive growth management, Local Municipalities will be apprised of Council's action on this report and the status of available budget for Regional matching funding for Smarter Niagara Incentive Program grants for the remainder of 2017. Page 301 of 465 Niagara /jf Region Alternatives Reviewed PDS 33-2017 September 6, 2017 Page 5 Option 1 - Regional Council could approve a budget amendment contained in CSD 55-2017, to transfer $447,543 from the Smart Growth Reserve to cover eligible 2017 Smarter Niagara Incentive Program requests submitted as of August 4, 2017. This option would ensure Regional funding commitments to Local Municipal partners are met, provide clarity, and demonstrate responsibility with regard to Regional funding and budgets for 2017. Option 2 – Regional Council could approve a transfer from the Smart Growth Reserve above the requested $447,542 to cover other funding requests that may come in during 2017. however, the amount is unknown and direction from Council would be required to determine how additional funds would be allocated ie. first come, first serve until all funds are allocated after which time no additional funds will be made available for 2017. Option 3 - Regional Council could refuse to recommend a transfer of $447,543 from the Smart Growth Reserve to cover eligible 2017 Smarter Niagara Incentive Program requests submitted as of August 4, 2017. Under this option priority would be given to remaining commitments from past years. Council direction would be required to determine which projects would be funded from the remaining balance of the budget. Relationship to Council Strategic Priorities This report helps to realize Council's Strategic Priority of Advancing Organizational Excellence, which includes institution of good financial and budgeting practices through the Enhanced Financial Management System. Other Pertinent Reports CSD 70-2014 Smarter Niagara Incentive Programs — Financial Update (September 3, 2014) Prepared by: Marian Bannerman Program Manager, Grants and Incentives Planning and development Services Page 302 of 465 Niagara��f Region Recommended by: Rino Mostacci, MCIP, RPP Commissioner Planning and Development Services Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer PDS 33-2017 September 6, 2017 Page 6 This report was prepared in consultation with Lyndsey Ferrell, Program Financial Specialist, and reviewed by Danielle DeFields, MCIP, RPP, Manager, Community Planning; Beth Brans, Manager, Program Financial Support; and Helen Chamberlain, Director Financial Management and Ptanning/Deputy Treasurer. Appendices Appendix 1 CSD 55- 2017 — 2017 Budget Amendment # 3 Page 7 Page 303 of 465 Niagara'��lf Region Subject: 2017 Budget Amendment #3 Report to: Council Report date: Thursday, September 14, 2017 Recommendations CSD 55-2017 September 14, 2017 Page 1 1. That a one-time amendment to the previously adopted 2017 Budget in the amount of $447,543 BE APPROVED from the Smart Growth Reserve to fund the Smarter Niagara Incentive Program and that there be no impact on Niagara Region's 2017 tax levy and 2017 property tax rates. Key Facts Use of reserves (and reserve funds) is limited to those approved by Council as part of the annual budget process. Any in -year use of reserves must comply with the Reserve and Reserve Funds Policy C4-002 and are considered a budget amendment which requires 10 days' notice prior to council approval as per Public Notice Policy C3.P09. As outlined in PDS 33-2017 previous years commitments and increased current year requests from the Local Municipalities for Smarter Niagara Incentive Program matching funds has resulted in an identified budget shortfall of $447,543 Considerations Financial Approval of the amendment included in this report will not impact Niagara Region's 2017 tax levy and 2017 property tax rates, approved by Council on Dec. 8, 2016. As such, residents will not see a budget related change to the Regional portion of their Property tax bill. (See Appendix I — 2017 Budget Amendments). The budget amendment will allow for matching funds to be provided, as outlined in the Smarter Niagara Incentive Program, to all approved submissions to the Local Municipalities processed prior to August 41h, 2017. The uncommitted balance in the Smart Growth Reserve is $898,582. The impact of the budget amendment for the Smarter Niagara Incentive Program will reduce the uncommitted balance in the Smart Growth Reserve to $451,039. Page 304 of 465 CSD 55-2017 September 14, 2017 Page 2 Corporate All Budget Amendments require notice to be posted on the Regional website 10 days prior to being approved by Council per Public Notice Policy C3 -P09. The item being recommended was provided with proper notice of proposed amendments to the 2017 Capital Budget. Governmental Partners Local Municipalities match funding based on approved requests and the Smarter Niagara Incentive Program. Public and/or Service Users The 2017 Budget was approved by Council on December 8, 2016 with approved transfers from reserves to support services provided to the citizens of Niagara. The recommendations identified in this report support overall budget flexibility (noted as an area of focus in the S&P report) as well as maintain Council's approved 2017 Net Tax Levy increase as approved by Council. Analysis The Smarter Niagara Incentives Program is a suite of Regional incentives designed to encourage revitalization and redevelopment by providing matching funding to Local Municipalities with complimentary programs for locally approved projects. Requests from Local Municipalities for Smarter Niagara Incentives Program funding are processed on a first-come, first-served basis until monies in the annual budget are fully allocated. The current mechanism to allocate funding for the majority of grant types under the program is through municipally generated forecasting forms and associated required documentation. Q1 forecast forms submitted from the majority of Local Area Municipalities indicated that there might not be sufficient budget to commit all program requests for 2017. Staff provided all Local Area Municipalities with the opportunity to provide all program funding requests up to August 4`" 2017, to compile an accurate amount of program funding requests. The reserve transfer is a one time request to meet base budget deficits. Planning & Development Services staff will inform Local Municipal partners that the 2017 Smarter Niagara Incentives Program budget has been fully allocated for the program and no further requests for Regional matching funding will be processed in 2017, The funds within the Smart Growth Reserve are available to be applied to Smart Growth projects approved by local municipalities. Page 305 of 465 CSIJ 55-2017 September 14, 2017 Page 3 A review of Regional Planning and Economic Development incentives will soon be underway, with an anticipated completion date of December 2018. The review will look at program budgets and budget allocation methods. A report on the incentives review will be before the Planning and Economic Development Committee by the end of 2017. Alternatives Reviewed Consideration of a Net Tax Levy increase at this time would impact Regional Tax Policy as well as the local area municipalities as they havelare currently setting their 2017 Budgets. Other potential impacts include the weakening of the region's long term financial stability which could impact the region's credit rating. Relationship to Council Strategic Priorities This report helps to realize Council's Strategic Priority of Advancing Organizational Excellence, which includes institution of good financial and budgeting practices through the Enhanced Financial Management System. Other Pertinent Reports PDS 33-2017 Smarter Niagara Incentive Program 2017 Budget Update Prepared by: Lyndsey Ferrell Program Financial Specialist Enterprise Resource Management Services Submitted by: Carmelo D'Angefo, BSc, MPA Chief Administrative Officer Recommended by: Jason Burgess Acting Commissioner Enterprise Resource Management Services This report was prepared in consultation with Marian Bannennan, Program Manager Grants and Incentives, and reviewed by Danielle DeFields, MCIP, RPP, Manager, Community Planning, Beth Brens, Manager Financial Support and Helen Chamberlain, Director Financial Management and Planning/Deputy Treasurer. Page 306 of 465 CSD 55-2017 September 14, 2017 Page 4 Appendices Appendix 1 2017 Operating Budget Amendment Page 307 of 465 d' m (D r O h (fl O O M h M O N h O (p C7 Q7 (`"3 m O m In �'- CO O N r� 0) N M (O N O h d O m (D LO N 'd' Lfj M N d- Q pp m €M to LO O N €� 00(`') N N N €� M�� _ 'd' N M O LO m O N r (h (Y3 0 O O (o (O O (O M h r- O V N m O M h V (N N O O L, U3 Cl) O 64 O © O i i i ii i i r- o Cl) m m d o (o� v Q9. V M CO O r O h O :Y (O m O h m O N r_ O co M o) m O M o r 0 M ih d' i� N h 7 0 rn co L[) c� N 1n to p (A t� Op c) h m m �,y Lh i� o (o O) N h� N (0 (o N r, M M N I.Ln (Ni (c) r Or N N N�� to LO N r 6] ch- .r- O N m N O m M � (�? (`� t` L? ' (O OJ m O m �= h h O v N N N N W (`i h N r p� m tH 60 O d O O ci oo 0 0 M o co m o n o N M (n LO n r r o (5)n o LO m h r• M o (o m M W M r r CD N O r N O N N N C4 N Cl)U5((,q 0 0 ti In LO C) (fl M ti O r r O N M r 0 c0 in L17 (s] L{j I� O M co co mi p N r� o N� LO N N N LO M S �Nr � �m aiu6 M 69 C O x m O fl- a c o C: � O v o IT fi _o o a o y E m 12 L:w -060 o a o > Y W L H a U o '0 :3 p a 0) If Q m N (0 y C If U N Q1 n'f j 'O Q LS zi _ n -I (n c t (n N [p U CD F�� QLLg,,� FO- �' '� 47 N o��or` O 4f O C U°ate O «s > x o c(D t6 is �. y a ca (s a c1 ® Li m > u o ro _ c t O N ` L � E n'S 0® � N� Q FL 'O .- (6 16 E d)N (n N O N O w L 1 Ln .� O c N E E m E e @ (x m O (0 O J UJ C x O r (` N Q 61 ii w .i.� O u C� Q O O Lu U (LL LL r til C9 H ri m 0 C9 m z U Q1 z z Page 308 of 465 etc Where ShIp3 Climb The Mountain September 21, 2017 Port Robinson Ferry Committee c/o Thorold City Hail 3540 Schmon Parkway, P.O. Box 1044 Thorold, ON L2V 4A7 Attention: Sue Morin, Tourism Agent Dear Ms. Morin: Re: Port Robinson Ferry Please be advised Thorold City Council, at its September 19, 2017 meeting, adopted the following recommendations of Chief Administrative Officer's Report CA02017-06: That the report be received for information. 2. That the General Committee of Council respectfully request the Regional Municipality of Niagara to continue to fund the Port Robinson Ferry (Bridge -It) at the current funding level of $66,500 per year for the next ten years (to align with the current 2027 expiration date of the lease agreement with the St. Lawrence Seaway Management Corporation (SLSMC)). 3. That this report be circulated to the Region of Niagara and cities of Niagara Falls and Welland for information. Yours truly, a 4 oanne Goulet eputy City Clerk JG:cd ec: M. ©ilwaria, Chief Administrative Officer Regional Municipality of Niagara City of Niagara Falls City of Welland City of Thorel P.O. Box 1044, 3540 Schmen Parkway, Th al , OF&PID 12V 4A7 www1hopuld.com Tel: 905-227.6013 Page 309 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by [ ] Great Lakes Mayors <Date> The Honourable Catherine McKenna, P.C., M.P. Minister of Environment and Climate Change House of Commons Ottawa, Ontario Canada K1A OA6 Dear Minister, We are writing to you in connection with the interests and concerns of our constituents, millions of people living in cities, towns, municipalities, villages and counties surrounding the Great Lakes. We are deeply concerned that Ontario Power Generation (OPG) is proposing to bury nuclear waste in close proximity to the Great Lakes. The Great Lakes are critically important resources to both Canada and the United States and supply drinking water to forty million people including to the citizens we represent. The Great Lakes support fishing, boating, recreation, tourism, and agriculture and are the life -blood of a six trillion dollar Great Lakes region economy. We find it irresponsible and deeply troubling that OPG failed and continues to refuse to investigate any other actual sites for its proposed nuclear waste repository (DGR) despite being required to do so under regulatory guidelines and further as required by you in your February 18, 2016 request. We are completely mystified by OPG claims that its proposed DGR is "not an area of concern among the general population" in the face of 217 resolutions having been passed by local, county and state governments representing over 23 million people opposing the construction of a DGR anywhere in the Great Lakes Basin. It is plain to see that OPG's claims do not square with the facts. Signatories to this letter, all duly elected officials of Great Lakes communities that have passed resolutions, remain deeply opposed and united in opposition to the permanent burial of nuclear waste anywhere in the Great Lakes basin and we fully support Stop The Great Lakes Nuclear Dump in their work to protect the fresh water of the Great Lakes from the threat posed by OPG's proposed DGR. Page 310 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> Madame Minister, we the undersigned request that you act to protect North America's most precious resource and the health and safety of the millions of people who rely on your leadership by rejecting OPG's application for its DGR in Kincardine, Ontario. Sincerely, Mayor Keith Hobbs City of Thunder Bay, Ontario Warden Bill Weber Lambton County, Ontario Mayor Gil Brocanier Town of Cobourg, Ontario Mayor Gordon Schermerhorn Town of Greater Napanee, Ontario Reeve Eric Smith Township of Stone Mills, Ontario Mayor Randy Hope City of Chatham -Kent, Ontario Mayor Mike Bradley City of Sarnia, Ontario Mayor Denis Doyle Township of Frontenac Islands, Ontario Mayor Al MacNevin Town of Northeastern Manitoulin and the Islands, Ontario Mayor John Maloney City of Port Colborne, Ontario Mayor Maureen Cole Municipality of South Huron, Ontario Mayor Jamie McGarvey Town of Parry Sound, Ontario Page 311 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> Mayor Heather Jackson City of St. Thomas, Ontario Mayor John McKean Town of Blue Mountains, Ontario Mayor Nelson Santos Town of Kingsville, Ontario Mayor Grant Jones Township of Southwold, Ontario Lord Mayor Pat Darte Town of Niagara -on -the -Lake, Ontario Warden Tom Bain County of Essex, Ontario Mayor Charlie Luke Norfolk County, Ontario Mayor Gordon McKay Town of Midland, Ontario Mayor Leslie O'Shaughnessy City of Cornwall, Ontario Mayor Wayne H. Redekop Town of Fort Erie, Ontario Reeve Peter Hopkins Township of McKellar, Ontario Mayor A.T. Luciani City of Thorold, Ontario Mayor Dale Robinson Municipality of McDougall, Ontario Mayor Ron Meer Michigan City, Indiana Mayor Bill Lowry Loyalist Township, Ontario Mayor Fred Eisenberger City of Hamilton, Ontario Page 312 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> Mayor Stephen H. Hagerty City of Evanston, Illinois Mayor Rick Milne Town of New Tecumseth, Ontario Mayor Kevin Eccles Municipality of West Grey, Ontario Mayor Jim Carruthers City of Traverse City, Michigan Mayor Mike Vandersteen City of Sheboygan, Wisconsin Mayor Julie P. Miller City of Brown City, Michigan President Kristen Kaatz Village of Lexington, Michigan Mayor Sam Cunningham City of Waukegan, Illinois Mayor Barb Clumpus Municipality of Meaford, Ontario Mayor Bill Cedar Jr. City of St. Clair, Michigan Mayor Nancy R. Rotering City of Highland Park, Illinois Supervisor Robert Lewandowski, Jr. Board of Trustees Charter Township of Port Huron, Michigan Mayor John Dupray City of New Baltimore, Michigan Chairperson John M. Hoffmann Board of Commissioners Sanilac County, Michigan Page 313 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> Chairman Sami Khoury Board of Commissioners Huron County, Michigan Chairperson Mark Young Board of Commissioners Genesee County, Michigan Mayor Scott Wittbrodt City of Essexville, Michigan Mayor Tyler Hessel Municipality of Bluewater, Ontario Mayor Jim Hicks City of Bad Axe, Michigan President Alexander Khoury Village of Sebewaing, Michigan Chairperson Jeffrey L. Bohm Board of Commissioners St. Clair County, Michigan Mayor Joseph Greene City of Caro, Michigan Mayor William J. Sprague City of Lapeer, Michigan Chairman Michael J. Gingell Board of Commissioners Oakland County, Michigan Mayor Eric Schneider City of Memphis, Michigan Mayor Robert E. Novitke City of Grosse Pointe Woods, Michigan Mayor Daniel Damman City of Marysville, Michigan Mayor Michael J. Seferian City of Oregon, Ohio Page 314 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> Chairman Blake Mulder Supervisor Bruce Christy Board of Commissioners Board of Trustees Eaton County, Michigan Columbus Township, Michigan Mayor Pauline Repp Mayor Hugh Wheeler Jr. City of Port Huron, Michigan City of Port Clinton, Ohio Supervisor Fred J. Busch Chair Bob Smith Board of Trustees Board of Commissioners Caseville Township, Michigan Macomb County, Michigan Supervisor Mike Appel Supervisor J. Arthur Bryson Board of Trustees Board of Trustees Burtchville Township, Michigan Clay Township, Michigan Mayor Michael K. McMillan Mayor Emily Larson City of Croswell, Michigan City of Duluth, Minnesota Council President Ted F. Bilski Mayor Thomas Lukshaitis Lake County, Indiana City of Sandusky, Michigan Page 315 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> President Toni Preckwinkle Chairman Aaron Lawlor Board of Commissioners Board of Commissioners Cook County, Illinois Lake County, Illinois President Mike Lepage Chairman Thomas M. Herek Village of Pigeon, Michigan Board of Commissioners Bay County, Michigan Warden Grant Jones Supervisor Ernie Manoleas County of Elgin, Ontario Board of Trustees Clyde Township, Michigan Supervisor David Howard Chairman Gerald O. Corkin Board of Trustees Board of Commissioners Colfax Township, Michigan Marquette County, Michigan Mayor Karen Freeman -Wilson County Executive Lawrence M. Walsh City of Gary, Indiana Will County, Illinois Mayor Eileen Tesch Supervisor Cindi Greenia City of Algonac, Michigan Board of Trustees Richmond Township, Michigan Page 316 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> Supervisor Larry Simons President Randy Haley Board of Trustees Village of Elkton, Michigan Charter Township of East China, Michigan Chairman Daniel J. Cronin Board of Commissioners DuPage County, Illinois Mayor Rick Goldring City of Burlington, Ontario Chairman Jerry Doucette Board of Commissioners Alger County, Michigan Mayor Dave Vandenbossche City of Marine City, Michigan Mayor Joseph R. Peterson City of Wyandotte, Michigan Chairperson Thomas Bardwell Board of Commissioners Tuscola County, Michigan Mayor Jim Diodati City of Niagara Falls, Ontario Commission Chair Gary Woronchak Wayne County Commission Wayne County, Michigan Supervisor John Gillig Board of Trustees Lamotte Township, Michigan Mayor Tom Sobeck City of Rogers City, Michigan Page 317 of 465 Open Letter to Canada's Minister of Environment and Climate Change opposing Ontario Power Generation's proposed Deep Geologic Repository (DGR) - Signed by Great Lakes Mayors <Date> President Michael C. Repay Board of Commissioners Lake County, Indiana Mayor Rob Burton Town of Oakville, Ontario Mayor Dr. Karen Weaver City of Flint, Michigan Mayor Bryan Paterson City of Kingston, Ontario Mayor Paul A. Dyster City of Niagara Falls, New York Mayor Paula Hicks -Hudson City of Toledo, Ohio Supervisor John Paterek Board of Trustees Armada Township, Michigan Mayor Walter Sendzik City of St. Catharines, Ontario Mayor Drew Dilkens City of Windsor, Ontario Supervisor Robert McCoy Board of Trustees Ira Township, Michigan Page 318 of 465 The City of Niagara Falls, Ontario Resolution September 26, 2017 Moved by: Seconded by: WHEREAS Niagara Falls City Council passed a motion on February 11, 2014 that they were opposed to any nuclear waste repository in the vicinity of the Great Lakes; and WHEREAS the City of Niagara Falls is a member of the Great Lakes and St. Lawrence Cities Initiative, a binational coalition of Canadian and US mayors and elected officials working to advance the protection and restoration of the Great Lakes and St. Lawrence River; and WHEREAS as of September 13, 2017, 229 resolutions have been passed by Great Lakes communities in both Canada and the United States, opposing the Ontario Power Generations' proposed nuclear waste repository; and WHEREAS a decision on this matter is expected in 2017; and THEREFORE BE IT RESOLVED that the City of Niagara Falls urges the Government of Canada and the Government of Ontario to reject (and seek alternatives to) Ontario Power Generations' proposal to bury radioactive nuclear waste in the Great Lakes Basin. AND The Seal of the Corporation be hereto affixed. BILL MATSON ACTING CITY CLERK JAMES M. DIODATI MAYOR Page 319 of 465 CITY OF NIAGARA FALLS By-law No. 2017- A by-law to regulate the sale and setting off of fireworks and pyrotechnic special effects within the City of Niagara Falls. WHEREAS Section 121 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to prohibit and regulate the sale of fireworks and the setting off of fireworks, including requirements that a permit be obtained from the municipality for the sale or setting off of such fireworks, and imposing conditions on such permits; AND WHEREAS Section 120 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to prohibit and regulate the storage, keeping and transportation of, explosives and other dangerous materials, including requirements that a permit be obtained from the municipality for the storage of explosives and imposing conditions on such permits; AND WHEREAS Section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides that the council of a municipality may pass by-laws regulating fire prevention, including the spreading of fires; AND WHEREAS the Council of the City of Niagara Falls deems it expedient and necessary for the safety and well-being of the community to prohibit and regulate the sale and use of fireworks and pyrotechnic special effects within the City of Niagara Falls; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions In this by-law 1.1 "Act" means the Explosives Act, R.S.C., 1985, c. E-17, and the Regulations enacted thereunder, as amended from time to time, or any Act and Regulations enacted in substitution therefor; 1.2 "City" or "City of Niagara Falls" means the municipal Corporation of the City of Niagara Falls or the geographic area of the City of Niagara Falls as the context requires; 1.3 "Consumer Firework" means an outdoor, low hazard, recreational firework that is classed as an F.1 Consumer Fireworks under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, roman candles, volcanoes, and sparklers, but does not include Christmas Page 320 of 465 crackers and caps for toy guns containing not in excess of 25 one - hundredths of a grain of explosive used per cap; 1.4 "Discharge" means to fire, ignite, explode or set off, or cause to be fired, ignited, exploded or set off, and the words "Discharged" and "Discharging" have a similar meaning; 1.5 "Display Firework" means an outdoor, high hazard, recreational firework that is classed as an F.2 Display Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons, but does not include firecrackers; 1.6 "Display Supervisor' means a person who is qualified under the Act to supervise the Discharge of Display Fireworks; 1.7 "Fire Ban" means a prohibition on all burning, including the Discharge of fireworks, issued by the Fire Department of The Corporation of the City of Niagara Falls; 1.8 "Fire Chief' means a Fire Chief appointed under Subsection 6(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, for The Corporation of the City of Niagara Falls, or designate; 1.9 "Firecracker' means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers, but does not include paper caps containing not more than 25 one -hundredths of a grain of explosive on average per cap, or devices for use with such caps, safety flares, marine rockets, and other distress signals; 1.10 "Fireworks" means Display Fireworks, Pyrotechnic Special Effects Fireworks, and Consumer Fireworks; 1.11 "Fireworks Display" means an exhibition of fireworks in an outdoor assembly or open air occupancy to which the public is invited, attends, may attend, or is admitted with or without a fee being charged and includes private functions such as weddings, or other celebrations; 1.12 "Flying Lantern" means a small hot air balloon or similar device made of treated paper or any other material, with an opening at the bottom, which is propelled by an open flame generated by a small candle or fuel cell, allowing the balloon or similar device to rise and float in the air; 1.13 "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and the regulations enacted thereunder, as amended from time to time, or any Act and Regulations enacted in substitution therefor; Page 321 of 465 3 1.14 "Permit" means a Consumer Fireworks Sales Permit and/or a Public Fireworks Display Permit issued by the Fire Chief of the Niagara Falls Fire Department; 1.15 "Prohibited Firework" includes, but is not limited to, cigarette loads or plugs, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M- 80 and silver salutes and flashcrackers, throw down torpedoes and cracker balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and bottle rockets, fake firecrackers, champagne party poppers, snap caps, sprite bombs, and other trick devices or practical jokes as included on the most recent list of Prohibited Fireworks as published from time to time under the Act; 1.16 "Pyrotechnician" means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of Pyrotechnic Special Effect Fireworks under the Act; 1.17 "Pyrotechnic Special Effect Firework" means a high hazard firework that is classed as an F.3 Special Effect Pyrotechnics under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels; 1.18 "Sell' includes offer for sale, cause or permit to be sold and to possess for the purpose of sale, and the words "selling" and "sold" have a similar meaning; and 1.19 "Tent" means a portable shelter/structure made of cloth or other pliable material, supported by one or more poles which can be stretched tight by cords or loops, attached to pegs, driven into the ground or other measures sufficient to secure them. Delegation of Authority The Municipal Council of the City of Niagara Falls hereby delegates the authority to the Fire Chief to issue and revoke a Fireworks Permit as set out herein. Sale of Prohibited Fireworks and Firecrackers 3. The following are the regulations governing the sale of Prohibited Fireworks and Firecrackers: 3.1 No person shall Sell Firecrackers. 3.2 No person shall Sell Prohibited Fireworks. Page 322 of 465 4 Discharge of Prohibited Fireworks and Firecrackers 4. The following are the regulations governing the Discharge of Prohibited Fireworks and Firecrackers: 4.1 No person shall Discharge Firecrackers. 4.2 No person shall Discharge Prohibited Fireworks. 4.3 No person shall Discharge a Flying Lantern. Sale of Consumer Fireworks 5. The following are the regulations governing the sale of Consumer Fireworks: 5.1 No person shall Sell Consumer Fireworks unless a Consumer Fireworks Sales Permit has been obtained from the Fire Chief in accordance with this by-law. 5.2 A person applying for a Consumer Fireworks Sales Permit shall pay the prescribed application fee pursuant to the Schedule of Fees By-law of the City. 5.3 Persons wishing to Sell Consumer Fireworks, at a location or on property that is not owned by the seller, shall obtain written consent from the property owner prior to the issuance of a Consumer Fireworks Sales Permit. Written consent shall be submitted to the Fire Chief with the Consumer Fireworks Sales Permit application. 5.4 No person shall Sell Consumer Fireworks except during the annual period commencing on May 1st and ending on July 6th, or on such other dates as authorized by the Fire Chief. 5.5 A Consumer Fireworks Sales Permit shall be valid only for the permitted dates, specified in Section 5.4, for the calendar year. 5.6 A Consumer Fireworks Sales Permit is valid only for the sale location specified in that Permit. 5.7 No person shall Sell Consumer Fireworks from a motor vehicle, uncovered trailer, or residential dwelling. 5.8 No person shall Sell Consumer Fireworks to persons under the age of 18. 5.9 A person shall only Sell Fireworks that are included on the most recent List of Authorized Explosives as published by the Explosives Branch of Natural Resources Canada or its successor. Page 323 of 465 5 5.10 No person shall transport Consumer Fireworks except as permitted under the Act. 5.11 No person shall exhibit or display Consumer Fireworks unless: 5.11.1 the Fireworks are separated into individual lots that do not exceed 25 kilograms in gross weight; and 5.11.2 such separation between lots is sufficient to prevent fire from spreading rapidly from one lot to the next by a fire break which may consist of: 5.11.2(1) maintaining a minimum aisle width of 1.2 metres between lots; 5.11.2(2) 6 mm plywood partition that extends 15 cm above the height of the lot or display shelf above; or 5.11.2(3) any other method approved by the Fire Chief. 5.12 No person shall store Consumer Fireworks in areas that are not designated and approved. 5.13 No person shall display Consumer Fireworks that are not in consumer packs unless: 5.13.1 the Fireworks are inaccessible to the public; and 5.13.2 the Fireworks are displayed in a glass or plexiglass case, or other approved means. 5.14 No person, other than the seller, shall handle Fireworks that are not in consumer packs, until after the time of purchase. 5.15 No person shall exhibit or display Consumer Fireworks that are exposed to direct sunlight, open flame, excess heat, or within close proximity of accelerants or other sources of ignition. 5.16 No person shall smoke within eight (8) metres of any Consumer Fireworks. 5.17 No person shall Sell, or offer for sale, Consumer Fireworks in a location where prominent no smoking signs are not on display. 5.18 No person shall Sell or display Consumer Fireworks inside a building, Tent, trailer, or other enclosed location, unless there are a minimum of two (2) unobstructed, clearly identified exits to ensure that occupants can quickly evacuate in the event of a fire or emergency. Page 324 of 465 A 5.19 Tents used to Sell or display Consumer Fireworks shall conform to CAN/ULC S-109, "Standard Method for Flame Tests of Flame Resistant Fabrics and Film" 5.20 Each location, where Consumer Fireworks are offered for sale, shall have at least two (2) portable fire extinguishers having a minimum rating of 3A:10 BC. 5.21 No person shall Sell or offer for sale Consumer Fireworks unless established procedures are in place and approved as per the Ontario Fire Code. Procedures shall be submitted to the Fire Chief and include the following: 5.21.1 the location and identification of storage and handling areas; 5.21.2 the methods to control a fire emergency safely and efficiently; 5.21.3 the names, addresses, and telephone numbers of persons to be contacted in case of fire during non-operating hours; and 5.21.4 any other information deemed necessary by the Fire Chief. 5.22 The seller of Consumer Fireworks must offer the buyer either a copy of the table that describes safety instructions for using Consumer Fireworks, which is found at the end of Part 16 in the Explosives Regulations, 2013, or a document that includes the same information. See Schedule "A", forming part of this by-law, attached hereto. 5.23 No person shall offer for sale, display for sale, or Sell Consumer Fireworks in a manner that contravenes the sale of Consumer Fireworks regulations. Discharge of Consumer Fireworks 6. The following are the regulations governing the Discharge of Consumer Fireworks: 6.1 No person shall Discharge Consumer Fireworks except on: 6.1.1 Victoria Day; 6.1.2 the day immediately preceding Victoria Day; 6.1.3 three (3) days immediately following Victoria Day; 6.1.4 Canada Day; 6.1.5 the day immediately preceding Canada Day; 6.1.6 three (3) days immediately following Canada Day; or Page 325 of 465 7 6.1.7 as permitted by the Fire Chief. 6.2 No person shall Discharge Consumer Fireworks on the days specified in Section 6(1), except between 6:00 pm and 11:00 pm. 6.3 No person under the age of eighteen (18) years shall Discharge any Consumer Fireworks except under the direct supervision and control of a competent person twenty-one (21) years of age or over. 6.4 No parent or guardian of any person under the age of eighteen (18) years shall give, trade, or otherwise offer Consumer Fireworks, nor permit the person to Discharge any Consumer Fireworks, except when such parent or guardian or some other competent person of twenty-one (21) years of age or over, is in direct supervision and control of the Discharge. 6.5 No person shall Discharge Consumer Fireworks on a property, or at a location, without the knowledge and permission of the property owner. 6.6 No person shall Discharge Consumer Fireworks as to endanger, injure, harass, frighten, or constitute a nuisance, to any person or animal. 6.7 No person shall Discharge Consumer Fireworks in such a manner as to create a danger or fire hazard to any property. 6.8 No person shall Discharge Consumer Fireworks from, onto, or over any building, doorway, or motor vehicle. 6.9 No person shall Discharge Consumer Fireworks from, onto, or over any highway, street, laneway, sidewalk, park, or other public place. 6.10 No person shall Discharge Consumer Fireworks over any aerodrome, airstrip, helipad, railway, fuel dispensing station, fuel transfer/pumping station, fuel storage facility, or navigable waterway. 6.11 No person shall Discharge Consumer Fireworks under, or over, any utility lines or wires (hydro, telephone, cable). 6.12 No person shall Discharge Consumer Fireworks at, or near, any flammable or combustible liquids or gases. 6.13 No person shall permit Discharged Consumer Fireworks, casings, or other debris, to enter onto neighbouring properties, highways, streets, laneways, sidewalks, parks, or other public places. 6.14 No person shall Discharge any Consumer Fireworks when the wind speed is in excess of twenty (20) kilometres per hour, as indicated by the Weather Network Niagara Falls. (https://www.theweathernetwork. com/ca/weather/ontario/n iagara-falls). Page 326 of 465 0 6.15 No person shall Discharge Consumer Fireworks unless a suitable means of extinguishment is readily available. 6.16 Every person shall ensure that Discharged Consumer Fireworks, casings, or other debris, are completely extinguished so as not to create a fire hazard. 6.17 No person shall Discharge Consumer Fireworks during a Fire Ban authorized by the Fire Chief. 6.18 No person or group of persons shall hold a Fireworks Display of Consumer Fireworks in the City of Niagara Falls, without first having obtained a Public Fireworks Display Permit issued by the Fire Chief. Storage of Fireworks 7. The following are the regulations governing the storage of Fireworks: 7.1 Storage of Fireworks shall be in accordance with the Act. Permits 8. The following are the regulations governing Permits: 8.1 No person or group of persons shall hold a Fireworks display of Consumer Fireworks, Display Fireworks, or Discharge any Pyrotechnic Special Effect Firework, in the City of Niagara Falls, without first having obtained a Public Fireworks Display Permit issued by the Fire Chief 8.2 Every application for a Public Fireworks Display Permit shall be made to the Fire Chief a minimum of 30 days prior to the event when the proposed Discharge of Fireworks is to occur. 8.3 Every application for a Permit shall include: 8.3.1 a description of the event, including: 8.3.1(1) the date and time of the proposed Discharge of Fireworks; 8.3.1(2) the type, kind and quantity of Fireworks that may be Discharged; 8.3.1(3) the Discharge techniques to be used; 8.3.1(4) the manner and means of prohibiting unauthorized persons access to the Discharge site; Page 327 of 465 0 8.3.1(5) the manner in which unused Fireworks are to be disposed of; and 8.3.1(6) the number of persons authorized to handle and Discharge the Fireworks. 8.3.2 a site plan providing a description of the site to be used for the discharging of the Fireworks, including height, range, fallout, duration of the display, and storage locations; 8.3.3 a description of the fire emergency procedures; 8.3.4 the name and address of the applicant and the sponsoring organization, if applicable; 8.3.5 proof of certification of the applicant as a Display Supervisor, Pyrotechnician, or person approved by the Fire Chief; 8.3.6 written consent of the owner of the property to the Discharge of Fireworks; 8.3.7 a fee pursuant to the Schedule of Fees By-law of the City; 8.3.8 proof of insurance and indemnification in accordance with the City's standard form of Certificate and sections 8.11 and 8.14 of this by- law; and 8.3.9 such other information as required by the Fire Chief. 8.4 A Permit issued under this by-law, for an event featuring Fireworks, shall be subject to the following conditions: 8.4.1 the Permit is valid only for the location and on the date or dates set forth in the Permit; 8.4.2 the Permit holder or person approved by the Fire Chief shall supervise the Fireworks; 8.4.3 the Permit holder or person approved by the Fire Chief shall Discharge the Fireworks; 8.4.4 every Permit holder shall provide and maintain fully operational fire extinguishing equipment appropriate for the nature and size of the Fireworks; 8.4.5 fire extinguishing equipment shall be ready for immediate use; and Page 328 of 465 MR :: 8.7 :: 10 8.4.6 the Permit holder shall comply, at all times, with the provisions of the Act, FPPA, and the Display Fireworks Manual published by Natural Resources Canada or any successor publication. A Permit may not be approved or may be revoked for any the following: 8.5.1 the application is incomplete; 8.5.2 the applicant is not a Display Supervisor, Pyrotechnician, or person approved by the Fire Chief; 8.5.3 there are reasonable grounds to believe that the Discharge of Fireworks may constitute a fire or safety hazard or result in a nuisance to the public; 8.5.4 the Permit application contains false or misleading information, 8.5.5 the Discharge of Fireworks is scheduled during a Fire Ban authorized by the Fire Chief; and 8.5.6 there are reasonable grounds to believe that the Discharge of the Fireworks will result in a breach of this by-law, the FPPA or the Act. No person shall Discharge Fireworks except in accordance with the conditions of the Permit, the Act, and this by-law. The Permit holder shall adhere to all conditions as set out in the Permit, the Act, and this by-law. The Permit holder shall ensure that all unused Fireworks and all debris are removed and disposed of in a safe and appropriate manner. 8.9 A copy of the Public Fireworks Display Permit shall be kept at the site of the display from the time of initial event set up to the time of event conclusion. 8.10 Every holder of a Public Fireworks Display Permit shall produce the Permit upon being so directed by the Fire Chief or designate. 8.11 The Permit shall require that the applicant shall at their expense obtain and keep in force during the term of the Permit, Commercial General Liability insurance satisfactory to the City and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for bodily injury, death, property damage and personal injury, including the loss of use thereof, and shall include but not be limited to: Page 329 of 465 11 8.11.1 a limit of liability of not less than five (5) million dollars ($5,000,000.00) per occurrence; 8.11.2 "Claims Made" insurance policies will not be permitted; 8.11.3 adding the Municipality as an additional insured with respect to the operations of the Named Insured; 8.11.4 the policy shall contain a provision for Cross Liability and Severability of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products/Completed Operations, Personal Injury, and Non -Owned Automobile Liability in respect of the Named Insured; and 8.11.5 non -owned automobile coverage with a limit of not less than $2,000,000 and shall include contractual non -owned coverage. 8.12 Such insurance shall include coverage for conducting displays of Pyrotechnic Special Effects Fireworks or Display Fireworks. Such insurance policy shall contain an endorsement to provide the City with (30) days prior written notice of cancellation or of a material change that would diminish coverage. 8.13 The applicant shall forward a Certificate of Insurance on the City's Standard Certificate of Insurance Form (no substitutes or omissions will be accepted) evidencing such insurance coverage and shall be provided to the City of Niagara Falls prior to the issuance of a Permit. 8.14 The Permit shall provide that the applicant shall indemnify and save harmless the City of Niagara Falls from any and all claims, demands, causes of action, loss, costs or damages that the City of Niagara Falls may suffer, incur, or be liable for, resulting from the performance of the applicant as set out in the by-law, whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents. 9. Administration and Enforcement 9.1 The Fire Chief shall be responsible for the administration of the provisions of this by-law. 9.2 The Fire Chief may issue and/or revoke a Fireworks Permit as set out herein. 9.3 Members of the Fire Department and the Municipal By-law division shall be responsible for the enforcement of this by-law. Page 330 of 465 12 9.4 Any member of the Fire Department or Municipal By-law division may enter onto property in the course of their duty at any time, without prior notice, for the purpose of carrying out an inspection to determine whether the provisions of this by-law have been complied with. 9.5 The Niagara Falls Fire Department is exempt from this by-law for the purposes of training with, or the testing of, Fireworks. 9.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, a member of the Fire Department or Municipal By-law Division who is performing a duty which is authorized under this by-law. 9.7 No person shall knowingly furnish false or misleading information to the City or the Fire Department with respect to this by-law. 9.8 Any person, firm, or corporation who contravenes any provision of this by- law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, or any replacement legislation. 9.9 The owner of a property who contravenes this by-law may have the costs associated with the Fire Department response to the contravention, as determined by the Schedule of Fees By-law of the City, in effect at the time of the attendance by the Fire Department, added to the property taxes for the property regardless of whether the Fireworks were Discharged with the permission or knowledge of the property owner or by Permit, and same shall be collected in the same manner as taxes in accordance with Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 9.10 Neither the Fire Department nor the City shall be responsible to notify the owner of a property, in advance, of its intention to charge for services or costs associated with the response to the Discharge of Fireworks. 10. Severability 10.1 Each provision of this by-law is independent of all other provisions, and if any provision of this by-law be declared by a Court of competent jurisdiction to be invalid, or of no force and effect, or beyond the power of Council to enact, such provisions shall be deemed to be severable from this by-law, and it is the intention of Council that the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way. 11. Repeal By-laws 11.1 By-law Nos. 2003-92, 70-86, 73-104, 73-198, 81-65, 88-321, and 91-10 are hereby repealed. Page 331 of 465 13 12. Short Title 12.1 This by-law may be cited as the "Fireworks By-law". 13. Effect 13.1 This by-law shall come into force and effect on the day it is passed. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 332 of 465 14 Schedule "A" to By-law No. 2017 - Safety Instructions for Firing Consumer Fireworks • Persons under 18 years of age must have the direct supervision of a competent person 21 years of age or older when discharging Consumer Fireworks. • Choose a wide, clear site away from overhead obstacles (for example, 30 m x 30 m for firing Roman Candles) and ensure spectators stand at the perimeter. Spectators must be at the safe distance specified on the Fireworks label. • Do not fire in windy conditions. • Read all instructions on the Fireworks. Plan the order of firing before you begin. • Use a good firing base, such as pails or non-combustible boxes filled with earth or sand. • Bury Fireworks half their length if they have no standing base, unless the labelling on the Fireworks directs otherwise. Set them at a 10 degree angle, pointing away from people. • Never light Fireworks in your hand or hold lighted Fireworks in your hand, other than a sparkler. • Light carefully. Always light the fuse at its tip. • Keep water nearby. Dispose of used Fireworks (including debris) in a pail of water. • Never try to relight Fireworks that did not go off. Never try to fix Fireworks that are defective. Wait at least 30 minutes before approaching such Fireworks. • Keep Fireworks in a cool, dry, ventilated place and in a locked container away from children. For further information and requirements, please refer to Natural Resources Canada website and the City of Niagara Falls Fireworks By-law. Page 333 of 465 CITY OF NIAGARA FALLS By-law No. 2017- A by-law to amend By-law Nos. 79-200 and 1998-183, to permit the use of the Lands for a 6 storey, 36 unit apartment building (AM -2017-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law Nos. 79-200 and 1998- 183, to permit the use of the Lands in a manner that would otherwise be prohibited by those by-laws. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law Nos. 79-200 and 1998-183, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law Nos. 79-200 and 1998-183 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 of By-law No. 79-200 5. The regulations governing an apartment dwelling shall be: (a) Minimum lot area (b) Minimum lot frontage (c) Minimum front yard depth (d) Minimum rear yard depth (e) Minimum exterior yard width (f) Maximum lot coverage (g) Maximum height of the building (h) Maximum storeys (i) Minimum landscaped open space 282 square metres for each dwelling unit 7.5 metres 95 metres 17 metres 15 metres 12% 23.5 metres 0 198 square metres for each dwelling unit Q) Parking and access requirements 1.9 parking spaces per dwelling unit (k) The balance of regulations specified for an R4 use Page 334 of 465 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C2 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from R4 and numbered 449, to R4 and numbered 1050. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1050 Refer to By-law No. 2017- 11. None of the provisions of By-law No. 1998-183 shall continue to apply to the Lands. Passed this twenty-sixth day of September, 2017. .............................................................. BILL MATSON, ACTING CITY CLERK First Reading: September 26, 2017 Second Reading: September 26, 2017 Third Reading: September 26, 2017 S:\ZON I NGW MS\2017\By-laws\Byam006.docx ............................................... JAMES M.DIODATI, MAYOR Page 335 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - Being a by-law to repeal By-law 2001-176 and 2014-102, Designation By-laws under the Ontario Heritage Act, designating the property known as the Stamford White Oak Tree, Portage Road and Carman Street, as being of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, s.29 authorizes the Council of a municipality to enact by-laws to designate real property, including all buildings and/or structures thereon, within the municipality to be of cultural heritage value or interest; AND WHEREAS the lands and premises known as the Stamford White Oak Tree in the City of Niagara Falls was designated to be of cultural heritage value and interest by By- law 2001-176 passed on August 13, 2001 and amended by By-law No. 2014-102 on August 12, 2014 and registered on title to the property as Instrument numbers SN150432 and SN414368, respectively; AND WHEREAS the tree suffered a catastrophic structural failure and collapsed on August 22, 2015; AND WHEREAS the Council of the Corporation of the City of Niagara Falls granted approval to repeal the by-law on October 27, 2015 due to the collapse of the tree; AND WHEREAS no objections were received from members of the public to the Notice of Intention to Repeal the by-law; AND WHEREAS the remnant components of the tree were demolished and removed; AND WHEREAS the Ontario Heritage Act, R.S.O. 1990, s.31 authorizes the Council of a municipality to repeal a designating by-law; NOW THEREFORE the Council of The Corporation of the City of Niagara Falls enacts as follows: 1. By-law Number 2001-176 and 2014-102 are hereby repealed; 2. The Clerk is hereby authorized to cause a copy of this By-law to be served on the owner of the aforesaid property and on the Ontario Heritage Trust, to cause notice of the passing of this by-law to be published in a newspaper having general circulation in the municipality and to cause reference to said property to be deleted from the Register established in subsection 27 of the Act; and 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the whole of the property described in Schedule "A" hereto in the proper land registry office. Page 336 of 465 Passed this twenty-sixth day of September, 2017. ................................................................................................................. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017 Second Reading: September 26, 2017 Third Reading: September 26, 2017 Page 337 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - Being a by-law to repeal By-law 2002-054, a Designation By-law under the Ontario Heritage Act, designating the property known as the Reverend William Leeming House, 5781 Highland Avenue, as being of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, s.29 authorizes the Council of a municipality to enact by-laws to designate real property, including all buildings and/or structures thereon, within the municipality to be of historic value of interest; AND WHEREAS the lands and premises known municipally as 5781 Highland Avenue in the City of Niagara Falls were designated to be of cultural heritage value and interest by By-law 2002-054 passed on March 18, 2002 and registered on title to the property as Instrument number LT209600 on May 9, 2002; AND WHEREAS the Council of the Corporation of the City of Niagara Falls granted approval to the request of the owner to repeal the by-law on May 12, 2015 on the basis that the building was structurally deteriorated to such a state that it is not financially viable to restore the building; AND WHEREAS two objections were received from members of the public to the intention to repeal the by-law, one of which was later withdrawn; AND WHEREAS a hearing was scheduled for July 12, 2017; AND WHEREAS the Reverend William Leeming House suffered irreparable damage due to fire on May 24, 2017, thereby destroying the heritage attributes of the house; AND WHEREAS the remnant components of the house were demolished and removed on May 27 and 28, 2017; AND WHEREAS the Conservation Review Board deemed that the only heritage attribute listed in the designating by-law no longer exists, the issue is moot and the proceeding was dismissed without a hearing; AND WHEREAS the Ontario Heritage Act, R.S.O. 1990, s.32 authorizes the Council of a municipality to repeal a designating by-law upon the request of the owner of the property; NOW THEREFORE the Council of The Corporation of the City of Niagara Falls enacts as follows: By-law Number 2002-054 is hereby repealed; The Clerk is hereby authorized to cause a copy of this By-law to be served on the owner of the aforesaid property and on the Ontario Heritage Trust, to cause Page 338 of 465 notice of the passing of this by-law to be published in a newspaper having general circulation in the municipality and to cause reference to said property to be deleted from the Register established in subsection 27 of the Act; and 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the whole of the property described in Schedule "A" hereto in the proper land registry office. Passed this twenty-sixth day of September, 2017. ................................................................................................................. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017 Second Reading: September 26, 2017 Third Reading: September 26, 2017 Page 339 of 465 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2017 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Stop Signs at Intersections, Speed Limits on Highways) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Booth Street East A point 75 metres north of Orchard 8:00 a.m. to 9:30 a.m. Grove Parkway and Beaverdams Road 2:30 p.m. to 4:00 p.m. Monday to Friday September 1 to June 30 Excluding Holidays Booth Street West Orchard Grove Parkway and 8:00 a.m. to 9:30 a.m. Beaverdams Road 2:30 p.m. to 4:00 p.m. Monday to Friday September 1 to June 30 Excluding Holidays St. Patrick Avenue Both O'Neil Street and Russell Avenue 8:00 a.m. to 10:00 a.m. 2:00 p.m. to 4:00 p.m. Monday to Friday Excluding Holidays Page 340 of 465 (b) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS St. Patrick Avenue Both O'Neil St. and Russell St. 8:00 a.m. to 4:00 p.m. Mon. to Fri. Excluding Hol. (c) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Galaxy Drive & Mercury Avenue Westbound on Galaxy Drive (d) by removing from the specified columns of Schedule W2 thereto the following items: SPEED LIMITS ON HIGHWAYS — (PART2 — 60KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED (KM/H) Kalar Rd. Brown Rd. and McLeod Rd. 60 This By-law shall come into force when the appropriate signs are installed. Passed this twenty-sixth day of September, 2017. ............................................................... BILL MATSON, ACTING CITY CLERK First Reading: September 26, 2017 Second Reading: September 26, 2017 Third Reading: September 26, 2017 ................................................. JAMES M. DIODATI, MAYOR Page 341 of 465 CITY OF NIAGARA FALLS By-law No. 2017 — A by-law to authorize the execution of an Amendment of Licence Agreement with Niagara Falls Archery Club Inc., respecting an amendment to the Licence Agreement between the City and the Niagara Falls Archery Club Inc. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Amendment of Licence Agreement dated September 26, 2017, and made between The Corporation of the City of Niagara Falls as Licensor, and Niagara Falls Archery Club Inc. as Licensee, respecting the construction of a driveway by the Licensee on a portion of the Property as described in the Licence Agreement, as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Amendment of Licence Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Amendment of Licence Agreement. Passed this twenty-sixth day of September, 2017 ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 342 of 465 THIS AMENDMENT OF LICENCE AGREEMENT made this 26"'day of September, 2017. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Licensor" and NIAGARA FALLS ARCHERY CLUB INC, Hereinafter referred to as the "Licensee" RECITALS WHEREAS this Agreement is supplemental to a Licence Agreement (the "Licence Agreement') dated February 28, 2017, and made between the Licensor and the Licensee, whereby the Licensor granted to the Licensee, a licence for the non-exclusive use of the Property as defined in the Licence Agreement, for the purposes of a non- profit archery club, as described in the Licence Agreement, for a term of ten years; AND WHEREAS the parties intend to vary certain provisions of the Licence Agreement in the manner set out below. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows, AMENDMENT 1. The provisions of the Licence Agreement are amended as of the 26th day of September, 2017, in the following manner: a. Paragraph 6 of the Licence Agreement is deleted and replaced as follows: "The Licensee acknowledges that the general public makes use of that part of the Property that consists of the Willoughby Drive road allowance, in its current condition, and that the Licensor has no current plan to improve the Willoughby Drive road allowance to a standard higher than the standard to which it is currently maintained. It is acknowledged and agreed that, notwithstanding the use of that part of the Property that consists of the Willoughby Drive road allowance by the general public, the Licensee shall have the right to construct a driveway in a manner and to a specification acceptable to the Licensor, acting Page 343 of 465 2 reasonably, which driveway will serve to provide access to the balance of the Property." CONFIRMATION OF COVENANTS 2. The Licence Agreement, as amended, shall continue in full force and the covenants, conditions and provisions contained in the Licence Agreement, in all other respects, are confirmed. 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. ©iodati, Mayor Bill Matson, Acting City Clerk NIAGARA FALLS ARCHERY CLUB INC. Per: Name: itle: 0 Name: Title: Page 344 of 465 CITY OF NIAGARA FALLS By-law No. 2017 — A by-law to authorize the execution of an Extension and Amendment of Lease with 2030688 Ontario Ltd., respecting an extension and amendment to the Lease between the City and 2030688 Ontario Ltd. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Extension and Amendment of Lease dated September 26, 2017, and made between 2030688 Ontario Ltd. as Landlord, and The Corporation of the City of Niagara Falls as Tenant, respecting the extension of the term of the Lease on a month to month basis, as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Extension and Amendment of Lease. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Extension and Amendment of Lease. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 345 of 465 THIS EXTENSION AND AMENDMENT OF LEASE made this 26th day of September, 2017. BETWEEN; 2030688 ONTARIO LTD. Hereinafter referred to as the "Landlord" and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Tenant" RECITALS WHEREAS by Lease dated November 16, 2012, (the "Original Lease"), 2030688 Ontario Ltd. granted The Corporation of the City of Niagara Falls, a lease of a portion of the premises municipally known as 4321 Queen Street, Niagara Falls (the "Premises") and more particularly described in the Original Lease, for a term of five years; AND WHEREAS the Original Lease, according to its terms, will expire on January 31, 2018; AND WHEREAS the Tenant wishes to extend the Original Lease on a month to month basis commencing February 1, 2018; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by the Tenant to the Landlord and other mutual terms and conditions herein contained and subject to and with the benefit of the Landlord's and Tenant's covenants, provisos and conditions in all respects as are contained in the Original Lease, the parties agree as follows: TERM 1. The Landlord agrees to extend the term of the Original Lease on a month to month basis from the 1st day of February, 2018, subject to the payment on the same days and in like manner of monthly rental as set out in the Original Lease in the amount as set out in paragraph 2 hereof, and subject to and with the benefit of the Landlord's and Tenant's covenants, by the Landlord and Tenant and the provisos and conditions contained in the Original Lease. RENT 2, The Tenant covenants to pay to the Landlord the amount of FOUR THOUSAND AND THREE HUNDRED AND SIXTY-NINE 171100 DOLLARS ($4,369.17), plus HST, monthly, on the first day of each and every month of the month to month term, commencing on 1st day of February, 2018. Page 346 of 465 2 NO OVERHOLDING The Landlord specifically acknowledges and agrees that this monthly extension of the Original Lease shall not be subject to the provisions of paragraph 10 of the Original Lease and paragraph 10 of the Original Lease is deleted, in its entirety, CONFIRMATION OF COVENANTS 4. The Landlord and Tenant hereby covenant that they shall perform and observe the covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations had been herein repeated in full, with such modifications only as are necessary to make them applicable to this Extension and Amendment of Lease Agreement, 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. 2TARIO LTD, Per. Philip Ritchie, President THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dill Matson, Acting City Clerk Page 347 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to establish Reserve Block 27 on Registered Plan 59M-420 as a public highway to be known as, and to form part of Sassafras Trail. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 27 on Registered Plan 59M-420, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block 27 on Registered Plan 59M-420 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Sassafras Trail. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 348 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to establish Reserve Block 29 on Registered Plan 59M-420 as a public highway to be known as, and to form part of Black Maple Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 29 on Registered Plan 59M-420, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block 29 on Registered Plan 59M-420 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Black Maple Drive. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 349 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to establish Reserve Block 172 on Registered Plan 59M-422 as a public highway to be known as, and to form part of Hackberry Trail. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 172 on Registered Plan 59M-422, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block 172 on Registered Plan 59M-422 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Hackberry Trail. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 350 of 465 CITY OF NIAGARA FALLS By-law No. 2017 — A by-law to authorize the execution of an Agreement with Niagara Region, for the collection of U -Pass Fees from the Brock University Students Union on behalf of The City of Niagara Falls, Transit Services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Niagara Region is party to an agreement dated September 1, 2017 (the"BUSU Agreement") with Brock University Student's Union ("BUSU") which provides infer aiia, for the remittance of fees to Niagara Region on account of the use by Brock University students a U -Pass on Niagara Falls Transit buses for the term of that agreement, being September 1, 2017 to April 30, 2018 ("Term"). 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Amendment of Licence Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Amendment of Licence Agreement. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 351 of 465 THIS AGREEMENT effective as of the day of September 1, 2017 BETWEEN; THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as "NFT") - and - THE REGIONAL MUNICIPALITY OF NIAGARA (hereinafter referred to as "Niagara Region") RECITALS: 1. Niagara Region is party to an agreement dated er 1,Zb0 (the "BUSU Agreement") with the Brock University Students' Union ("BUSU") which provides, inter atia, for the remittance of fees to Niagara Region on account of the use by Brock University students a U -Pass on Niagara Falls Transit buses for the term of that Agreement, being September 1, 2017 to April 30, 2018 ("Term"). 2. By the terms of that Agreement, Niagara Region is required to invoice BUSU in each calendar month of the Term for the use by Eligible Students (as that term is defined in the BUSU Agreement) of NFT buses in the preceding month and BUSU is obliged to make payment to Niagara Region within thirty (30) days of receipt of those invoices (the "U -Pass Fees"). 3. Invoicing as aforesaid is based upon Electronic Fare Box (as that term is defined in the BUSU Agreement) statistics provided by NFT to Niagara Region. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Niagara Region acknowledges that the collection of U -Pass Fees is for and on behalf of N FT. 2. During the Term, Niagara Region shall remit all collected U -Pass Fees to NFT within a reasonable period of time after they are received from BUSU, not to exceed thirty (30) days. 3. Niagara Region shall not be liable for, and shall not be required to make payment of, the U -Pass Fees to NFT in the event that: (a) U -Pass Fees are not received from BUSU; (b) U -Pass Fees are not received in a timely manner from BUSU; or (c) Electronic Fare Box statistics are not provided by NFT to Niagara Region in a timely manner, or at all. U -Pass Transit Page 352 of 465 GENERAL PROVISIONS 4. The Parties shall do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to its full extent. 5. NFT shall not assign this Agreement without Niagara Region's express written permission. This Agreement, and all rights, responsibilities and obligations contained therein, shall extend to and be binding on the Parties' respective successors and assigns. 6. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understandings and agreements between the Parties. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the Parties other than those expressly set forth in this Agreement. 7. The laws of the Province of Ontario govern this Agreement. No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by an authorized representative of each of the Parties. No waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the waiver and unless otherwise provided in writing, shall be limited to the specified breach waived. 8. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement and any invalid or unenforceable provision shall be deemed to be severed. DISPUTE RESOLUTION NFT and Niagara Region hereby commit to make sincere efforts to promptly resolve any disagreements between them, including disagreements regarding the quantum of U - Pass Fees billed, collected or remitted pursuant to the BUSU Agreement or this Agreement, at the lowest possible level of authority and consistent with their respective rights and responsibilities and the objectives of this Agreement. However, if parties hereto cannot resolve matters in difference between them, that matter shall be referred to the arbitration of a single arbitrator, if the Parties agree upon one; otherwise to three arbitrators, one to be appointed by the Service Providers and one to be appointed by Niagara Region, and a third to be chosen by the first two arbitrators before they enter upon the business of arbitration. The award and determination of the arbitrator or arbitrators, or any two of the three arbitrators, including any determination as to the responsibility for payment of the costs of the arbitration, shall be binding upon the Parties and their respective successors and assigns. The provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 shall apply to this arbitration. For these purposes, "matters in difference" shall include matters which the Parties have not resolved within thirty (30) days following delivery by one party to the remaining Parties of notice in writing of an issue arising in connection with this Agreement. U -Pass Transit Page 353 of 465 NOTICE 10. Any notices permitted or required under this Agreement shall be given by personal delivery or sent by prepaid registered mail to the parties at the following addresses. Notices sent by registered mail shall be deemed to be received three regular business days after mailing. To NRT: To Niagara Region: 1815 Sir Isaac Brock Way. 1815 Sir Isaac Brock Way, P.0 Box 1042 Thorold, ON L2V 4T7 Attention: [Ron Tripp] Attention: Attention: Commissioner of Public Works Fax: Fax: 905-687-8056 IN WITNESS WHEREOF the parties hereto have duly executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Date: Per: Name: Jim Diodadi Position: Mayor Name: Bill Matson Position: Acting Clerk Date: We have the authority to bind the Corporation. THE REGIONAL MUNICIPALITY OF NIAGARA Per: Name: Alan Caslin Position: Regional Chair Date: U -Pass Transit Per: Name: Laura Bubanko Position: Regional Clerk Date: 3 Page 354 of 465 CITY OF NIAGARA FALLS By-law No. 2017 — A by-law to authorize the execution of a Transfer Agreement with Niagara Health System as Transferee and The Corporation of the City of Niagara Falls as Transferor, for the transfer of certain lands located in the City of Niagara Falls, described as Part of Lot 1, Broken Front Concession, Crowland, designated as Parts 1 and 2 on Reference Plan 59R-15870, City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Transfer Agreement with Niagara Health System as Transferee and The Corporation of the City of Niagara Falls as Transferor, for the transfer of certain lands located in the City of Niagara Falls, described as Part of Lot 1, Broken Front Concession, Crowland, designated as Parts 1 and 2 on Reference Plan 59R-15870, City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Transfer Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Transfer Agreement. Passed this twenty-sixth day of September, 2017. ........... ... . I .... ................... ... I ........ ........... I ... "... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017, Third Reading: September 26, 2017. Page 355 of 465 EXECUTION COPY TRANSFER AGREEMENT AMONGST THE CORPORATION OF THE CITY OF NIAGARA FALLS mm NIAGARA HEALTH SYSTEM Page 356 of 465 TABLE OF CONTENTS ARTICLE DEFINITIONS AND INTERPRETATIONS ........................... —........................... 2 1] Definitions ................ ......................................... ........................................ .................. 3 12 Interpretation ..................................................... ............... ............................................... 6 1.3 Recitals .................................................... ........ ............................................................... h 1/4 Number, etc .......... ...................................................................... ................................. 'O 1.5 Canadian Dollars .................... ......... ................ ....................................... ^............ ..,6 L6Date for Any Action ................................................ ........................................................ o 1.7 Schedules ......................... .................................................... .................... ...................... 6 1.8 Accounting Matters ......................................... ~.......................................................... o ARTICLE2 TRANSFER .................. .................................................................. ......................... / 2] Gift .......... ................................................................. ............. ........................................ / 2.2 Deposit ........................................................... ....... ....................................................... 7 23 Adjustments ........ ......................... —................................................................................ 7 2.4 NnSolicitation .... —.......... ...................................... .......................... ................... ....... 7 ARTICLE REPRESENTATIONS AND WARRANTIES ...................... —.............. _............ / 3] Representations and Warranties 6ythe lraoaferur—............... —................. .................. 7 32 "An-Is","W6ere-b" .............................. ............... _—....................... ............................ » 3.9 Representations and Warranties hythe Transferee ....... .................... ............................. 9 34 DD7Registrant ................ ............................. .................................................................. v ARTICLE 4SURVIVAL AND LIMITATION 0y REPRESENTATIONSANU WARRANTIES........... ......................................... ................. ___ ............... ........................... . 10 4.1 Survival of Representations and Warranties of the Transteror ................. __ ................ 10 42 Survival of Representations and Warranties of the Transferee .......... —..................... lO 43 Effect of Discovery of Deficiency or Breach of Transferor Representations ................ 10 ARTICLE COVINANT8 --...--------------------..----_....—._'l0 SJ Covenants by the Transferor ...................................... .................. ............................. l0 52 Access......._ ---------_-------...~-----....-----------'l2 5.3....................................................... ....... ......................................... .... ,l2 54 Recognition ............... ^^..... ^.~...... ................ ................. ............................. —............... l} ARTICLE ACKNOWLEDGE MENTS---..----------------------..-8 6] Archeological Assessment .... ...... ........................................................ ............... --D 62 Record otSite Condition ............... ................................................................................ l3 ARTICLE C(}NDITI0N8.......... .................................................................... ...................... 13 7] Title Matter ...................................... ..................................... ~.^................................. lS Page 357 of 465 ARTICLE 8CLOSING (ii) _________________________________~____ 15 8.1 Documents toheD��erodhvIrauwforuz-----------..-------...—..l5 82 DocumentsnubmDu�rocodhvTrmoubzoe.............._.------......---...l5 ARTICLE 9OPTION --------------...------------_---_----..l6 9] Oot�m-------------..----------------_—.--_—.......I6 ARTICLE }0GI��BILAI9DOVISQ0Y�S-----~..------_----_--------'l6 10.1 Tk�Insurance ---------...—.----------------------.—...I6 10.2 Fo�borAssurances- ..........---_—..-------_......~..........---l6 10.3 RecoeGi,oCuozuk�ive----------------------.....--_--.......l7 10,4 I�vtoem------------_----------~...—.-----_--------l7 |u5 Expenses n1Pad�m------------~...-----_--------------.I9 10.6 Assignment -----------...-------------------------.l9 10.7 Soocouummand Assigns .—....-----------------------------.l9 10.8 NoBrokerage Fees _-------------------------------....... l9 10.9 8o±�e/�Qzoen�ent----------_-------_...~------...-----'I9 ][ilU -----------------.~-----_—..-----------'20 10.11 Laws and A�ocoouonu—.-------.—.-----------------.20 10.12 No ---..~.-----_...._----......-----_............2O 10.19 Planning Act Cnnuplinooe.,...._---------------...-----------. 2O 10.14 &&rcaonumu/Time ofthe Essence ---.....-----------_-----.2O l0]5/�oocuJmeut------------.—.---------------_--------21 lO.I6TcnJor----------.....--------------------------.--.21 1(il7\��v�-----..—..--------_-------------.....~------...2| 10L18 --------------------_—..~..--_--.....----'2l 10. 19 ._..--------------_--------.'...-------..--.2l SCHEDULE"A" - THE PROPERTY SCBBDDZJ3"B" - PERMITTED ENCUMBRANCES Page 358 of 465 TRANSFER AGREEMENT THIS AGREEMENT is made as of the day of October, 2017. AMONGST: THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Transferor") and NIAGARA HEALTH SYSTEM (the "Transferee") WHEREAS: A. The Transferor is the registered and beneficial owner of the property. B. Pursuant to the terms of a letter of intent dated February 28, 2017 between the Transferor and the Transferee (the "LOI") and subject to the conditions set out herein, the Transferor intends to gift a One Hundred percent (100%) registered and beneficial freehold interest in the Property to the Transferee for nil consideration (the "Gift"). NOW THEREFORE, in consideration of the mutual covenants contained herein, other good and valuable consideration, and the sum of two dollars ($2.170) now paid by each party to the other (the receipt and sufficiency of which are hereby acknowledged) the parties hereby agree as follows: ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.1 Definitions In addition to the terns defined parenthetically herein, the following terms shall have the following meanings wherever used in this Agreement, including the recitals and schedules hereto; (a) "Agreement" means this agreement and includes all schedules hereto as amended, restated and/or supplemental in writing from time to time; (b) `Business Day" means a day that is not a Saturday, Sunday or a statutory or civic holiday in Niagara Falls, Ontario; (c) "City" means the City of Niagara Falls located in the Province of Ontario; (d) "Closing" means the completion of the Transaction as contemplated by this Agreement and "Closed" and/or "Close" has a corresponding meaning; Page 359 of 465 (e) "Closing Date" means October 11, 2017 or such other date agreed to by the parties; (f) "Consultants' Report" has the meaning set out in Section 5.1(a)(vii); (g) "Council" means the Council of the City of Niagara falls, Ontario; (h) "Development" means the development of a hospital (and any ancillary uses) on the Property; (i) "Encumbrances" means any encumbrance, caveat, lien, charge, hypothec, pledge, mortgage, reservation, easement, privilege or any option, privilege or contract to create any of the foregoing on or in respect of the Property; (j) "Environmental Laws" means all Laws, including common law, relating to the protection of the environment and public health and safety; (k) "Gift" has the meaning set out in Recital B; (1) "Governmental Entity" means any domestic (federal, provincial or municipal), foreign or supranationat court, commission, governmental body, quasi - governmental entity, body or authority of any kind whatsoever, regulatory agency, authority, stock exchange or tribunal; (m) "Hazardous Substance" means any substance that, if added to any water or emitted into the air, would create or contribute to the creation of a condition of such water or air that is detrimental to its use by or to the health, safety or welfare of persons or animals or causes damage to plant life or property; any radioactive material or explosive; any substance declared from time to time to be hazardous,. dangerous or toxic under any applicable federal, provincial or municipal law, by- law, regulation or other enactment, including without limitation, asbestos; and any other substance which is or may become hazardous, toxic or dangerous to persons or property; (n) "HST" means all taxes payable under the Excise Tax Act (Canada) or under any provincial legislation similar to the Excise Tax Act (Canada), and any reference to a specific provision of the Excise lax Act (Canada) or any such provincial legislation shall refer to any successor provision thereto of like or similar effect; (o) "Laws" means all common law principles, statutes, regulations, statutory rules,. orders, and terms and conditions of any grant of approval, permission, authority or license of any Governmental Entity or any proposed Laws, and the term "applicable" with respect to such Laws and in the context that refers to one or more persons, means that such Laws apply to such person or persons or its or their business, undertaking, property or securities and emanate from a Governmental Entity having jurisdiction over the person or persons or its or their business, undertaking, property or securities; (4) Page 360 of 465 (p) "LOI" has the meaning set out in Recital B; (q) "Ministry" means the Ministry of Health and Long -Term. Care; (r) "Option" has the meaning set out in Section 9.1; (s) "Permitter) Encumbrances" means those encumbrances set out in Schedule "B" hereto; (t) "Person" means any individual, sole proprietorship, partnership, firm, entity, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate, government, government regulatory authority, governmental department, agency, commission, board, tribunal, dispute settlement panel or body, bureau, court, and where the context requires any of the foregoing when they are acting as trustee, executor, administrator or other legal representative; (u) "Property" means the real property comprising an area of approximately fifty (50) acres of vacant land located at the northwest corner of Montrose Road. and Biggar Road, Niagara Falls, Ontario and legally described in Schedule "A" hereto; (v) "Property Documents" has the meaning set out in Section 5.1(a), (w) "PEAS" means Public Sector Accounting Standards in effect from time to time, as adopted by the Canadian Accounting Standards Board of the Canadian Institute of Chartered Accountants or any successor institute; (x) "Sole Discretion" means, in each instance, discretion exercised by the relevant panty in its sole and absolute discretion, which discretion may be exercised unreasonably and/or arbitrarily; (y) "Transaction" means the transaction contemplated or required by this Agreement; (z) "Transferee" means Niagara Health System or its successors or assigns permitted by this Agreement; (aa) "'.t'ransferee's Solicitors" means Borden Ladner Gervais UP, Attention: Mr. Brennan Carroll; (bb) "Transferor" means The Corporation of the City of Niagara. Falls or its successors or assigns permitted by this Agreement; and (cc) "Transferor's Solicitors" means the solicitor for The Corporation of the City of Niagara falls, Attention: Mr. Ken Beaman. (5) Page 361 of 465 1.2 Interpretation When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words "include", "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation". 1.3 Recitals The parties hereto acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact. 1.4 Number, etc. Unless the context otherwise requires, words importing the singular shall include the plural andvice versa and words importing any gender shall include all genders. 1.5 Canadian Dollars All monetary references in this Agreement are to Canadian dollars. 1.6 Date for Any Action If any date on which any action is required to be taken hereunder by any of the parties hereto or if any other event or occurrence contemplated hereby is not a Business Day, such action, event or occurrence shall be required to be taken or occur on the next succeeding Business Day. 1.7 Schedules 1 The following Schedules are annexed to this Agreement and are hereby incorporated by reference into this Agreement and form part hereof: Schedule `°A" - The Property Schedule `B" Permitted Encumbrances 1.8 Accounting Matters Unless otherwise stated, all accounting terms used in this Agreement shall have the meanings attributable thereto under PSAS and all determinations of an accounting nature required to be made shall be made in a manner consistent with DSAS, consistently applied. (6) Page 362 of 465 ARTICLE 2 TRANSFER 2.1 Gift Subject to the provisions of this Agreement, the Transferor shall gift the Property to the Transferee for nil consideration. The Transferor and the Transferee agree that this transfer of the Property will be a gift and that no charitable tax receipts or non -monetary consideration will be delivered by the Transferee to the Transferor in connection therewith. 2.2 Deposit The parties agree that there shall be no deposit. 2.3 Adjustments The parties agree that there shall be no adjustments. 2.4 No Solicitation The Transferor and Transferee acknowledge that the Transferor shall not have the right to solicit the sale of the Property to third parties, unless negotiations between the Transferor and Transferee are terminated. For greater certainty, the Transferor will not unilaterally terminate negotiations so long as the Transferee is proceeding with the Transaction in good faith and the Transferor will not solicit a possible sale of all or any part of the Property with any other party or Person. ARTICLE 3 REPRESENTATIONS AND WARRANTIES 3.1 Representations and Warranties by the Transferor The Transferor covenants, represents and warrants to the Transferee as follows, and confirms that the Transferee is relying upon the accuracy of each of such representations and warranties in connection with the entering into of this Agreement, the Gift, and the completion of the Transaction: (a) Authority. The execution, delivery and performance of the Agreement and any other agreements contemplated by this Agreement will by the Closing Date have been duly and validly authorized by all requisite actions, steps and proceedings of the Transferor. (b) Status and Constating Documents. The Transferor is a corporation duly incorporated and validly subsisting under the laws of the Province of Ontario and has full power, authority, right and capacity to enter into, execute and deliver this Agreement and to complete the Transaction and to enter into any other agreements contemplated or required by the terms of this Agreement. (7) Page 363 of 465 (c) Transferor's Residency. The Transferor is not a non-resident of Canada for the purposes of the Income Tax Act (Canada) and shall gift the Property on Closing on its own account and not as agent or trustee or nominee for any other Person. (d) Consents. Unless otherwise expressly noted in this Agreement, there are no consents, approvals, notices, releases or assumption agreements required or necessary to implement the terms of this Agreement or the agreements contemplated hereby. (e) Ownership of Property. The Transferor owns a One Hundred percent (100%) registered and beneficial freehold interest in the Property, (f) Property and "Title. Except for this Agreement or as shown on title to the Property, there are no agreements, options, or other rights, including any right of first refusal, option or other right to purchase the Property or any portion of the Property pursuant to which the Transferor is, or may become, obligated to sell the Property or any portion of the Property. Other than as disclosed to the Transferee prior to the Closing Date or as shown on title to the Property, to the Transferor's knowledge, there are no leases, licences, rights of occupation, tenancy arrangements or other rights to use, possess or occupy any part of the Property which have been granted, assumed or consented to by the Transferor, and to the knowledge of the Transferor there are no other leases, licenses, rights of occupation, tenancy arrangements or other rights to use, possess or occupy any pant of the Property. (g) Family Law Act. The Property does not constitute a matrimonial home within the meaning of the Family Law Act. (h) Litigation. The Transferor has not received notice, nor is the Transferor aware, of any pending or threatened expropriation or litigation relating to the Property or any part thereof. (i) Liens. There are no unregistered construction liens or any unperfected lien rights under the Construction Lien Act (Ontario) and all accounts for work and services performed or materials placed or furnished upon or in respect of any improvements made to or at the Property will have been fully paid by Closing or will be adjusted on Closing, (j) Due Diligence Deliveries. The Property Documents delivered to the Transferee in compliance with Section 5.1(a) are true and complete and do not contain any material misstatements, inaccuracies or omissions. 3.2 "As -Is", "Where -Is" Subject to Section 5. 1, the Transferee acknowledges that it shalt complete the Transaction on an "as -is, where is" basis. "The term "as -is, where is" herein means in the condition or state of the Property at the time of the waiver of the Transferee's conditions in Section (S) Page 364 of 465 7.2, and (except as set out in Section 3.1) without any agreement, representation, warranty or obligation of any kind. Subject to Section 5. 1, the Transferee acknowledges and agrees that (without limiting the Transferor's liability for any breach of a representation or warranty contained in Section 3.1) the Transferor, in its capacity as transferor, will not be liable to the Transferee for any claims, causes of action or damages that may arise as a result of the condition or state of the Property. 3.3 Representations and Warranties by the Transferee The Transferee hereby represents and warrants to the Transferor as follows, and confirms that the Transferor is relying upon the accuracy of each of such representations and warranties in connection with the entering into of this Agreement, the Gift, and the completion of the Transaction; (a) Authorization. The execution, delivery and performance of this Agreement and any other agreements contemplated by this Agreement will by the Closing Date have been duly and validly authorized by all requisite actions, steps and proceedings of the Transferee. (b) Status. The Transferee is a corporation duly incorporated under the laws of the Province of Ontario and has full power, authority, right and capacity to enter into, execute and deliver this Agreement and to complete the Transaction and to enter into any other agreements contemplated, or required by the terms of this Agreement. (c) Real Estate Brokerage.. The Transferee has not retained or engaged a realtor or any other agent to act on their behalf as part of this Transaction which would require the Transferor to be responsible for the payment of any real estate fees/commissions as part of this `transaction. (d) Consents, Unless otherwise expressly noted in this Agreement, there are no consents, approvals, notices, releases or assumption agreements required or necessary to implement the terms of this Agreement or the agreements contemplated hereby. 3.4 HST Registrant The Transferee and the Transferor agree that if HST is exigible on the Transaction then, subject as is herein provided, it is the Transferor's obligation to collect the HST or other sales taxes, and the Transferee's obligation to pay the HST and other sales taxes on Closing. The Transferee and the Transferor acknowledge and agree that the Gift and all other amounts referenced herein are exclusive of HST and other applicable sales taxes. The Transferee is registered for the purposes of HST and the Transferee agrees to provide the Transferor on Closing with an HST certificate and indemnity setting out the Transferee's HST registration number and indemnifying the Transferor from and against any HST that may be payable with respect to the Transaction, and upon delivery thereof, the Transferor shall not collect such HST. (9) Page 365 of 465 ARTICLE 4 SURVIVAL AND LIMITATION OF REPRESENTATIONS AND WARRANTIES 4.1 Survival of Representations and Warranties of the Transferor The representations, warranties and indemnities made by the Transferor contained in this Agreement, or contained in any document or certificate given in order to carry out the Transaction, will survive the closing of the Transaction provided for herein and, notwithstanding such closing or any investigation made by or on behalf of the Transferee or any other Person or the knowledge of the Transferee or any other Person, shall survive the closing of the Transaction, unless a bona fide notice of a claim shall have been made in writing before the expiry of that period, in which case the representation and warranty to which such notice applies shall survive in respect of that claim until the final determination or settlement of that claim. 4.2 Survival of Representations and Warranties of the Transferee The representations, warranties and indemnities made by the Transferee and contained in this Agreement, or contained in .any document or certificate given in order to carry out the Transaction, will survive the closing of the Transaction provided for herein and, notwithstanding such closing or any investigation made by or on behalf of the Transferor or any other Person or the knowledge of the Transferor or any other Person, shall survive the closing of the Transaction, unless a bona fide notice of a claim shall have been made in writing before the expiry of that period, in which case the representation and warranty to which such notice applies shall survive in respect of that claim until the final determination or settlement of that claim. 4.3 Effect of Discovery of Deficiency or Breach of Transferor Representations If, after the execution and delivery of this Agreement the Transferor learns that any of the representations and warranties of the Transferor in this Agreement are untrue or inaccurate the Transferor shall forthwith give notice to the Transferee in writing, setting forth in reasonable detail the nature of such breach or deficiency and thereupon the Transferor shall not be deemed to have made or given an untrue, inaccurate or deficient representation or warranty with respect to the same. ARTICLE 5 COVENAN'T'S 5.1 Covenants by the Transferor (a) Documents for Inspection. The Transferor covenants to the Transferee that it will deliver or cause to deliver to the 'transferee the following documents and information, in each case if any and to the extent within the possession or control of the Transferor (the "Property Documents"): (i) all plans, specifications and drawings for the Property; (ii) surveys or real property reports for the Property, (1 0) Page 366 of 465 (iii) real property tax assessment notices for the Property for the current calendar year; (iv) details of any outstanding realty tax appeals; (v) copies of property tax bills in respect of the Property for the last three (3) calendar years; (vi) a list of all litigation or potential litigation (i.e., all files for which notices of default have been sent) concerning the Property; (vii) copies of all environmental, archeological, mechanical, geotechnical, electrical and structural studies and reports relating to the Property and copies of any other studies or reports concerning the state or condition of repair of the Property (collectively, the "Consultants' Reports"); and (viii) all other material documents currently in effect in the possession or control of the Transferor relating to the Property or any part thereof (where such things shall be deemed to be material if their delivery to the Transferee may reasonably be expected to influence the Transferee in the exercise of its various rights hereunder). (b) The 'Transferor covenants with the Transferee to use reasonable efforts to perform the following functions in respect of the Property (without limitation) all within the timeframes required by the Transferee, acting reasonably, both prior to and following completion of the Transaction: (i) to support, with a positive recommendation to Council, an application by the Transferee for a zoning by-law amendment or minor variance, if either are necessary to permit the Development, unless said application is patently unreasonable; (ii) to provide any necessary approvals or interests necessary to secure access to and from the Property from both Biggar Road and. Montrose Road; (iii) to provide the appropriate servicing for the intended use to the Property including, without limitation, water services, sanitary sewers, and storm sewers (or storm water management pond) and to facilitate the servicing of hydro and gas facilities, and underground wiring; and (iv) to assist the Transferee with all municipal approvals including, without limiting the generality of the foregoing, any required building permits and/or site pian approval as may be required by the Transferee to develop the Development. Page 367 of 465 (c) Specific Obligation to Assign. The Transferor covenants to the Transferee that it will assign any warranties, representations, covenants, or other agreements in respect of the Property. 5.2 Access The Transferor agrees that to the extent the Transferee requires access to the Property (for any lawful purpose in connection with this Transaction) prior to the Closing Date, the Transferor will permit the Transferee to access the Property so long as such access to the Property is at all tinges in the presence of a representative of the Transferor. 5.3 Confidentiality Prior to the Closing Date and subject to Taws, the Transferee will keep confidential all information obtained by it from the Transferor with respect to the Property, except such information which:. (a) is generally available to the public, other than as a result of a disclosure by the Transferee; (b) is made available to the Transferee on a non -confidential basis from a source other than the Transferor or their representatives; (c) which becomes public through no fault or act of the Transferee; (d) is required to be disclosed by law or by the rules, orders or regulations of any stock exchange or to enforce any of the Transferee's rights hereunder, at law, in equity or by statute; and/or (c) is received in good faith from a third party lawfully in possession of the information and not, to the knowledge of the Transferee, in breach of any confidentiality obligations. The Transferee further agrees that such information will be disclosed only to those of its employees, advisors, investors, and lenders, and representatives thereof who need to know such information for the purposes of evaluating and implementing the Transaction. Nothing herein contained shall restrict or prohibit the Transferee from disclosing the confidential information to the Transferee's advisors in connection with the services of such Persons relating to the Transaction, provided the Transferee shall apprise such Person of the confidential nature of the confidential information and the Transferee will use all commercially reasonable efforts to cause the Transferee's advisors to comply with such confidentiality obligations. if the "Transaction is not completed for any reason, the Transferee will return forthwith or destroy, without retaining any copies thereof, all written information and documents obtained from the Transferor. Unless required by applicable securities law, none of the Transferor or the Transferee shall issue a press release or other public announcement or release information with (12) Page 368 of 465 respect to this Agreement to the press or the public, unless the same has been mutually approved by the Transferor and the Transferee, each acting reasonably. 5.4 Recognition 'The Transferor and the Transferee agree to engage in good faith discussions with respect to the type of recognition to be provided to the Transferor and to Mr. Josefa Grassl. ARTICLE 6 ACKNOWLEDGEMENTS 6.1 Archeological Assessment In connection with the terms of the LOT, the "transferor agreed to undertake certain archeological work including an archeological assessment and related investigations with respect to the Property, at the Transferor's sole cost and expense (collectively, the "Archeological Work"). Notwithstanding the Transferee's satisfaction with the results of the Archeological Work, the Transferor acknowledges, covenants, and agrees with the Transferee that: (i) an Archeological Assessment (stage 4) has been completed and acknowledged by the Ministry of Tourism, Culture and Sport (the "Ministry of Tourism") in respect of the Property in accordance with the Ministry of Tourism's Standards and Guidelines, and entered into the Ontario Public Register of Archeological Reports; and (ii) as a result of the completion of the Archeological Work, the "Transferor will take the position that no further archeological assessments are required in connection with any planning applications for the Property and/or the Development. 6,2 Record of Site Condition In connection with the terms of the L OI, the Transferor has delivered to the Transferee a Phase One Environmental Assessment of the Property dated September 30, 2016 and a Phase Two Environmental Assessment of the Property dated March 16, 2017 (collectively, the "Environmental Reports"). The Transferee acknowledges receipt of the Environmental Reports and is satisfied with the results of same. Further, in connection with the terms of the LOI, the Transferor has provided sufficient evidence to the Transferee, and the Transferee acknowledges receipt of same, that a record of site condition (the "RSC") has been filed with the Ministry of the Environment and Climate Change on May 8, 2017 as RSC number 223225. ARTICLE 7 CONDITIONS 7.1 Title Matter The Transferor covenants and agrees that title to the Property will be conveyed to the Transferee free and clear of all Encumbrances, save only for Permitted Encumbrances. The Transferee is not to call for the production of any title deeds, abstracts, or other evidence of title except such as are in the possession or control of the Transferor or deliverable pursuant to Section 5.1(a) hereof. (13) Page 369 of 465 7.2 Closing Conditions for the Benefit of the Transferee The obligation of the Transferee to complete the Transaction pursuant to this Agreement is subject to the satisfaction of, or compliance with, on or prior to the Closing Date, each of the following conditions (each of which is acknowledged to be for the exclusive benefit of the Transferee): (a) Accuracy of representations of Transferor, and Compliance with Covenants. The representations and warranties of the Transferor made in or pursuant to this Agreement shall be true and correct in all material respects on the Closing Date with the same force and effect as if made at and as of the Closing Date, the covenants contained in this Agreement to be performed by the Transferor on or prior to the Closing Date shall have been performed, the Transferor shall not be in material breach of any agreement on its part contained in this Agreement, and the Transferee shall have received a certificate of the Transferor confirming the foregoing, in each case in form and substance satisfactory to the 'transferee acting reasonably. (b) No Adverse Le islation. No legislation (whether by statute, regulation, order -in - council, notice of ways and means motion, bylaw or otherwise) shall have been enacted, introduced or tabled which, in the opinion of the Transferee, materially adversely affects or may materially adversely affect the Property. (c) No Action to Restrain. No action or proceeding shall be pending or threatened by any Person to restrain or prohibit the Gift upon the terms and conditions hereunder or to prevent or restrict the use or enjoyment of any of the Property by the Transferee. (d) Title on Closing. On Closing, title to the Property shall be free and clear of all Encumbrances, casements, encroachments, claims, mortgages, charges, restrictions, leasehold estates and defects of any nature or kind, except for Permitted Encumbrances.. If any of the conditions contained in this Section 7.2, shall not be fulfilled or performed at or prior to the Closing Date to the satisfaction of the Transferee, the Transferee may by notice to the Transferor, terminate this Agreement and this Agreement shall be at an end and of no further force or effect (except for those obligations in Section 5.3 of this Agreement), and neither party shall have any further liability to the other. The Transferee may waive any condition herein in whole or in part, and may proceed to complete the within Transaction. (14) Page 370 of 465 ARTICLE 8 CLOSING 8.1 Documents to be Delivered by Transferor On or prior to the Closing Date, the Transferor shall deliver to the Transferee, in trust, the following: (a) registerable transfer of land for the Property duly executed by the Transferor (with the Planning Act (Ontario) statements completed therein); (b) a certificate of an officer of the Transferor certifying that the Transferor's representations and warranties in Section 3.1 hereof remain true and accurate as of the Closing Date and that the Transferor is not a non-resident within the meaning of Section 116 of the Income Tax Act (Canada); (c) the Property Documents (including original records and computer disks where practical and where such are available), and ancillary documents in the Transferor's possession and control, which the Transferee may require and which relate directly to the Property; (d) evidence reasonably satisfactory to the Transferee, that all Personal .Property Security Act registrations against the 'T'ransferor do not attach to or affect the Property; (e) a non -merger acknowledgement with respect to the Transferor's covenants set out herein and including, without limitation, the Transferor's covenants set out in Section 5.1; (f) an assignment to the Transferee of all warranty rights and permits relating to the Property; and (g) such other documents as the Transferee's Solicitors may reasonably require (subject to approval of the Transferor's Solicitors, acting reasonably) to complete the Transaction. 8.2 Documents to be Delivered by Transferee On the Closing Date the Transferee shall deliver to the Transferor the following: (a) HST certificate and indemnity; (b) a certificate of an officer of the Transferee certifying that each of the 'T'ransferee's representations and warranties in Section 3.3 hereof remain true and accurate as of the Closing Date; and (15) Page 371 of 465 (c) such other documents as the Transferor's Solicitors may reasonably require (subject to approval of the Transferee's Solicitors, acting reasonably) to complete the Transaction. 8.3 Registration Procedures The Transferor and Transferee acknowledge that the transfer of the Property shall be completed by electronic registration and that each of the Transferor and Transferee shall retain a lawyer to complete the transfers pursuant to electronic registration and that the delivery of documents and the release thereof to the Transferor and Transferee may, at the lawyers' discretion (a) not occur contemporaneously with the registration of the transfers and other registrable documentation; and (b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to bold them in trust and not release them except in accordance with the terms of a document registration agreement between the lawyers. The Transferee shall be solely responsible for payment of all land transfer taxes, if any. ARTICLE 9 OPTION 9.1 Option If the Transferee has not commenced construction of the Development on or before January 1, 2027, the Transferor shall have an option to repurchase the Property for One Dollar ($1M) (the "Option"). Notwithstanding the foregoing, in the event the Transferee commences construction of the Development at some time after January 1, 2027, (and the Transferor has not delivered notice of the exercise of its Option to the Transferee), the Caption in favour of the Transferor shall become null and void. ARTICLE 10 GENERAL PROVISIONS 10.1 Title Insurance The Transferee may, prior to Closing, elect to acquire a policy of owner's and/or lender's title insurance with respect to the Properly at the Transferee's sole cost and expense. In order to facilitate the timely delivery of such title insurance policy(ies) on or before the Closing Date in a cost effective manner, the Transferor agrees to co-operate (at no additional cost to the Transferor) with the Transferee and the title insurer as is reasonably required. 10.2 Further Assurances Each of the Transferor and the Transferee hereby covenants and agrees that at any time and from time to time after the Closing Date it will, upon the request of the other, do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered all such further acts, deeds, assignments, transfers, conveyances and assurances as may be required for the better carrying out and the performing of all the terms of this Agreement. Page 372 of 465 10.3 Remedies Cumulative The rights and remedies of the parties under this Agreement are cumulative and in addition to and not in substitution for any rights or remedies provided by law. Any single or partial exercise by any party hereto of any right or remedy for default or breach of any tern, covenant or condition of this Agreement does not waive, alter, affect or prejudice any other right or remedy to which such party may be lawfully entitled for the same default or breach. 10.4 Notices Any notice, designation, communication, request, demand or other document, required or permitted to be given or sent or delivered hereunder to any party hereto shall be in writing and shall be sufficiently given or sent or delivered if it is: (a) delivered personally to the addressee at the address set out below; (b) sent to the party entitled to receive it by registered mail, postage prepaid, mailed in Canada; or (c) sent by telecopy machine or by electronic transmission. Notices shall be sent to the following addresses, email addresses or telecopy numbers: (d) in the case of the Transferor: City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Chief Administrative Officer Fax: (905) 371-3557 Email: ktodd@niagarafalls.ca With a copy to Counsel: City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Legal Counsel Fax: (905)371-2892 Email: lcbeaman cl niagarafalls.ca (17) Page 373 of 465 (e) in the case of the Transferee: Niagara Health System Allied Health Building 5546 Portage Road, Suite 205 Niagara Falls, Ontario L2E 6X2 Attention: Project Manager Fax Number: (289) 398-1061 Email: theresa.reynolds@niagarahealtl.on.ca With a copy to Counsel: Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto, Ontario M5H 4E3 Attention: Brennan M. Carroll Fax Number: (416) 367-6749 Email: bmearroll@blg.com or to such other address or telecopier number as the party entitled to or receiving such notice, designation, communication, request, demand or other document shall, by a notice given in accordance with this Section, have communicated to the party giving or sending or delivering such Notice. (t) any notice delivered by personal delivery or by courier or by fax or electronic transmission to the party to whom it is addressed as provided above shall be deemed to have been given and received (1) in the ease of personal delivery, by fax or electronic transmission on the day it is so delivered at such address; and (2) in the case of courier delivery, on the first Business Day after deposit with the courier. However, in the case of personal delivery, if such day is not a Business Day, or if the Notice is received after 5:00 p.m. (EST), then the Notice shall be deemed to have been given and received on the next Business Day. Any Notice transmitted by facsimile shall be deemed to have been given and received on the day in which transmission is confirmed. However, if such day is not a Business Day or if the facsimile transmission is received after 5:00 p.m. (EST), then the Notice shall be deemed to have been given and received on the first (I st) Business Day after its transmission. Attempted delivery of any Notice hereunder by electronic communication (including, but not limited to, e-mail and Internet or intranet websites) other than by facsimile transmission shall not constitute delivery of such Notice for the purposes of this Agreement. (18) Page 374 of 465 (g) if sent by registered mail as aforesaid, be deemed to have been given, sent, delivered and received (but not actually received) on the fourth (4th) Business Day following the date of mailing, unless at any time between the date of mailing and the fourth (4th) Business Day thereafter there is a discontinuance or interruption of regular postal service, whether due to strike or lockout or work slowdown, affecting postal service at the point of dispatch or delivery or any intermediate point, in which case the same shall be deemed to have been given, sent, delivered and received in the ordinary course of the snails, allowing for such discontinuance or interruption of regular postal service. 10.5 Expenses of Parties Except as otherwise provided for herein, each of the parties hereto shall bear all expenses incurred by it in connection with this Agreement including, without limitation, the charges of their respective counsel, accountants, financial advisors and agents. 10.6 Assignment Neither party shall be entitled to assign its interest hereunder in whole or in part at any time prior to dosing without the prior approval of the other party, which approval may be arbitrarily and unreasonably withheld, conditioned, or delayed in such party's Sole Discretion. Notwithstanding the foregoing or anything contained herein, an assignment of this Agreement by the Transferee shall be permitted, without the prior approval of the Transferor, if to a corporation formed as a result of a merger or amalgamation of the 'Transferee with another corporation or corporations which is made in connection with the restructuring of the Transferee in connection with the restructuring of public hospitals in the Province of Ontario. 10.7 Successors and Assigns This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the parties hereto and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 10.8 No Brokerage Fees The Transferor and 'Transferee each represent to each other that neither party has retained nor dealt with an agent with respect to this Transaction and as such there shall be no payment of any real estate commission in connection with the Transaction contemplated by this Agreement. 10.9 Entire Agreement This Agreement and the schedules referred to herein and the other agreements referred to herein constitute the entire agreement between the parties hereto and supersede all prior agreements (including the LDl), representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. None of the parties hereto shall be bound or charged with any oral or (19) Page 375 of 465 written agreements, representations, warranties, statements, promises, information, arrangements or understandings not specifically set forth in this Agreement or in the schedules, documents and instruments to be delivered on or before the Closing Date pursuant to this Agreement. "The parties hereto further ackmwledge and agree that, in entering into this Agreement and in delivering the schedules, documents and instruments to be delivered on or before the Closing Date, they have not in any way relied, and will not in any way rely„ upon any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings, express or implied, not specifically set forth in this Agreement or in such schedules, documents or instruments. 10.10 Severability If any provision of this Agreement or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforeeability without invalidating the remaining provisions of this Agreement, without effecting the validity or enforceability of such provision in any other jurisdiction and, if applicable, without affecting its application to the other party or circumstances. 1.0.11 Governing Laws and Attornment This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. For the purpose of all legal proceedings, this Agreement will be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario will have jurisdiction to entertain any action arising under this Agreement. Each of the Transferor and the Transferee attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario. 1.0.12 No Registration The Transferee agrees not to register the within Agreement nor notice thereof against the title to the Property, and the Transferee acknowledges that in the event of any registration respecting this Agreement or notice thereof occurs, the Transferor, in addition to any other rights or remedies it may have, shall be entitled to injunctive relief, and the Transferor may rely upon this provision in support thereof. 10.13 Planning Act Compliance This Agreement is subject to compliance with the provisions of the Planning Act (Ontario) as may be amended from time to time, and this Agreement is subject to the express condition that it shall not be effective to create or convey any interest in land until the provisions of Section 50 of the Planning Act (Ontario) are complied with. 10.14 Binding Agreement / Time of the Essence This Agreement, when executed by both parties shall constitute a binding contract with respect to the Gift of the Property, and time shall in all respects be of the essence hereof. (20) Page 376 of 465 10.15 Amendments This Agreement may not be modified or amended except with the written consent of each of the parties hereto. 10.16 Tender Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender is desired and it shall be sufficient that a negotiable certified cheque may be tendered in lieu of cash, 10.17 Waiver Any party hereto which is entitled to the benefits of this Agreement may, and has the right to, waive any term or condition hereof at any time on or prior to the Closing Date provided, however, that such waiver shall be evidenced by written instrument duly executed on behalf of such party. 10.18 Counterparts This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same agreement. This Agreement may be delivered by email (PDF) or facsimile transmission and the parties agree to adopt any signature by a receiving fax machine as an original signature of the parties. In the case of facsimile or email (PDF) transmission the transmitting party shall forthwith deliver an originally executed copy of this Agreement to the other party. 10.19 Language The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, schedules and authorizations, shall be drawn up in the English language only. Les signataires confirment leer volonte que la present convention, de mere que toes les documents s y raltachant, y compris tout avis, annexe et autorisation, soient rediges en anglais seulement. TORO 1: 6765426: v10 [Signature Page Follows] (21) Page 377 of 465 IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of the date first written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Per: Name: James M. Diodati Title: Mayor Name: Bill Matson Title: Acting City Clerk I/we have authority to bind the corporation. NIAGARA HEALTH SYSTEM Per: Per: Name: Suzanne Johnston Title: President Name: Angela Zangari Title: EVP Finance, Operations & CFO I/we have authority to bind the corporation. (22) Page 378 of 465 SCHEDULE "A" THE. PROPERTY Legal Description of Lands: PIN 64262-0259 (LT): PART LOT 1 CON BROKEN FRONT CROWLAND, PART I 59R15870; CITY OF NIAGARA FALLS PIN 64262-0260 (LT): PART LOT 1 CON BROKEN FRONT CROWLAND„ PART 2 59RI5870; CITY OF NIAGARA FAILS A-1 Page 379 of 465 SCHEDULE "B" PERMITTED ENCUMBRANCES The Property General: (a) Any liens for outstanding municipal realty taxes and local improvement rates affecting the Property provided that an amount satisfactory to pay same and all interest thereon with penalties thereon has been withheld by the Transferor on Closing for remittance for the payment of same. (b) All municipal by-laws, including building and zoning by-laws, applicable to the Property. (c) Any unregistered easements, deficiencies or violations which would be disclosed by an up-to-date survey of the Property. (d) The reservations, limitations, provisos and conditions expressed in the original grant from the Crown. Specific: (a) Instrument No. R0360206Z registered on September 17, 1980 is an. Application to Annex a Restrictive Covenant wherein the grantor covenanted that the property is zoned for rural agricultural, which permits in addition to other uses, the following uses: (i) a warehouse or distribution depot; (ii) light manufacturing or assembly of manufactured products; and (iii) heavy industrial.. xS Page 380 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A By -Law to authorize the execution of an Extension Agreement with Bell Canada, respecting the operations and maintenance of a telecommunications facility over a portion of John N. Allan Park. WHEREAS the Corporation entered into an agreement with Bell Canada respecting the operation and maintenance of a telecommunications facility over a portion of John N. Allan Park on February 1, 2008. AND WHEREAS the term of the said agreement is set to expire on February 1, 2018; AND WHEREAS there is a desire to extend the term of the agreement to February 28, 2028. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Extension Agreement — between Bell Canada and The Corporation of the City of Niagara Falls for a Licence and Easement in perpetuity to Bell in the land more fully described in Schedule "A" thereof, upon and subject to the terms and conditions set forth in the Agreement; and 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty-sixth day of September, 2017 ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 381 of 465 I I Ili DI 0105 1 D10 THIS AMENDING AGREEMENT ("this Agreement") made the 67V day of 2011, BELL CANADA a company incorporated under the laws of Canada (hereinafter called the "Bell") 9"ITS THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "City") 1. By an Agreement dated February 1, 2008 ("the Agreement"), the City granted a Licence and Easement in perpetuity to Bell in the land more fully described in Schedule "A" thereof, upon and subject to the terms and conditions set forth in the Agreement; and 2. The City and Bell have agreed to amend the Agreement in accordance with the terms and conditions hereinafter set forth. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby covenant and agree with each other as follows: 1. Effective as of the date hereof, the Agreement is amended as follows: 2. Bell agrees to pay to the City an annual maintenance fee of $672.57 plus H.S.T. per year for a period of Ten (10) years, commencing March 1, 2018 and ending February 28, 2028, at which time the maintenance fee shall be renegotiated to reflect the maintenance costs at that time. 3. This Agreement shall be read together with the Agreement and the parties confirm that, except as modified herein, all covenants and conditions in the Agreement remain unchanged, unmodified and in full force and effect. 4. The parties agree, from time to time, to do or cause to be done all such things, and shall execute and deliver all such documents, agreements and instruments reasonably requested by any other party to this Agreement, as may be necessary or desirable to complete the extension contemplated by this Agreement and to carry out its provisions and intention. 5. This Agreement may be executed and delivered in counterparts and by facsimile transmission or email PDF form and the parties hereto may rely upon all such signatures as though they were original signatures. Upon request of any party the parties will exchange a copy of this agreement with original signatures. 6. This Agreement shall enure to the benefit of and be binding upon the parties and their legal representatives, heirs, executors, administrators, successors and permitted assigns, as the case may be. IN WITNESS WHEREOF the parties hereto have executed this Agreement. Page 382 of 465 IMARMUNMOMM, RO'er: Name: & Title: iWlkvq I have authority to bind the corporation. Name: Title: Per: Name: Title: 2 Page 383 of 465 SCHEDULE "A" to an Agreement dated February 1, 2009 between BELL. CANADA and Ag -AHALEAUI—S. Part ofTownship Lot 170 in the ffinnerTownship ofStarnford, now in the City ofNiapra Falls, m the Regional Municipafity ofNiagara d.esignatedus Part I on Ref"erence Plan No. 59R-9924 Page 384 of 465 SCHEDULE `sB" to an Agreement dated February 1, 2008 between BELL CANADA and E CC}FtPCI TIC97V t?F THE CITE fF N1ACxA FALLS °tl1% R f 'r� W r4 ! I I I .-J- cM !. 0 p i M, Page 385 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to authorize the payment of $40,572,841.31 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 July 25, 2017 to Sept 5, 2017. Passed this twenty-sixth day of September, 2017 ...................................................................................................... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 386 of 465 Page 1 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount 1340258 ONTARIO INC 406718 26 -Jul -2017 REFUND 13.98 1346704 ONTARIO INC 406719 26 -Jul -2017 REFUND 65.50 1346704 ONTARIO INC 407001 02 -Aug -2017 REFUND 34.42 1527151 ONTARIO LIMITED 407546 23 -Aug -2017 REFUND 500.00 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATIl' 406720 26 -Jul -2017 CONTRACT SERVICES 9,509.12 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATIl' 407002 02 -Aug -2017 CONTRACT SERVICES 5,123.13 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATIl' 407547 23 -Aug -2017 CONTRACT SERVICES 1,511.95 1650759 ONTARIO INC 406721 26 -Jul -2017 MATERIALS 678.00 1769859 ONTARIO INC. 407548 23 -Aug -2017 REFUND 1,250.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 406722 26 -Jul -2017 MATERIALS 50.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407003 02 -Aug -2017 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407186 09 -Aug -2017 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407371 16 -Aug -2017 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407549 23 -Aug -2017 MATERIALS 533.50 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 407776 30 -Aug -2017 MATERIALS 25.00 2030688 ONTARIO LTD 406723 26 -Jul -2017 LEASES AND RENTS 9,473.13 2030688 ONTARIO LTD 407968 31 -Aug -2017 LEASES AND RENTS 9,473.13 2095527 ONTARIO LTD 407004 02 -Aug -2017 LEASES AND RENTS 1,423.80 2095527 ONTARIO LTD 407777 30 -Aug -2017 LEASES AND RENTS 1,423.80 2348441 ONTARIO INC O/A MR QUICK CAR WASH 406724 26 -Jul -2017 CONTRACT SERVICES 221.48 283 PERFORMING ARTS COMPANY 407767 24 -Aug -2017 SERVICES 200.00 407 ETR EXPRESS TOLL ROUTE 407005 02 -Aug -2017 MATERIALS-VEH ID #45 37.32 7 -ELEVEN CANADA INC #24055 406725 26 -Jul -2017 REFUND 31.37 800460 ONTARI LIMITED 407006 02 -Aug -2017 REFUND 67.10 800460 ONTARIO LTD. O/A FRUITBELT DEVELOPMENT 407778 30 -Aug -2017 SERVICES 1,593,658.73 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 406726 26 -Jul -2017 MATERIALS 1,202.32 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 407007 02 -Aug -2017 MATERIALS 898.35 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 407372 16 -Aug -2017 MATERIALS 316.17 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 407550 23 -Aug -2017 MATERIALS 98.88 984265 ONTARIO LTD o/a CIRCLE P PAVING 407551 23 -Aug -2017 CONTRACT SERVICES 11,775.03 A B C RECREATION LTD 407374 16 -Aug -2017 CONTRACT SERVICES 159,899.52 A B C RECREATION LTD 407552 23 -Aug -2017 SERVICES 384.21 A&A EXHAUST SYSTEMS 407008 02 -Aug -2017 VEH ID#516 330.55 AAA BIGGAR'S LOCKSMITH & SECURITY 406727 26 -Jul -2017 CONTRACT SERVICES 188.72 AAA BIGGAR'S LOCKSMITH & SECURITY 407187 09 -Aug -2017 MATERIALS 101.70 AAA BIGGAR'S LOCKSMITH & SECURITY 407373 16 -Aug -2017 CONTRACT SERVICES 351.19 ABBY'S CAFE 406728 26 -Jul -2017 SERVICES 124.28 ABBY'S CAFE 407188 09 -Aug -2017 SERVICES 60.15 ABLE PRINTING INC 407779 30 -Aug -2017 MATERIALS 418.10 ABUZEID,ALA 406729 26 -Jul -2017 REFUND 192.06 ACAPULCO POOLS 407375 16 -Aug -2017 CONTRACT SERVICES 137,847.07 ACAPULCO POOLS 407553 23 -Aug -2017 CONTRACT SERVICES 15,316.35 ACCESSIBIL-IT 407189 09 -Aug -2017 SERVICES 1,243.00 ACCESSIBIL-IT 407376 16 -Aug -2017 MATERIALS 1,130.00 ACCU LOCK AND SECURITY 406730 26 -Jul -2017 MATERIALS 31.74 ACCU LOCK AND SECURITY 407009 02 -Aug -2017 CONTRACT SERVICES 194.93 ACCU LOCK AND SECURITY 407190 09 -Aug -2017 CONTRACT SERVICES 163.85 ACCU LOCK AND SECURITY 407377 16 -Aug -2017 CONTRACT SERVICES 175.00 ACCU LOCK AND SECURITY 407780 30 -Aug -2017 SERVICES 9,643.42 ADD ENERGIE 407554 23 -Aug -2017 MATERIALS 1,463.35 ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC. 407781 30 -Aug -2017 SERVICES 7,819.60 ADVANCE TOWING & RECOVERY 406731 26 -Jul -2017 SERVICES 841.85 ADVANCE TOWING & RECOVERY 406993 26 -Jul -2017 SERVICES 378.55 ADVANCE TOWING & RECOVERY 407010 02 -Aug -2017 SERVICES 644.10 ADVANCE TOWING & RECOVERY 407191 09 -Aug -2017 SERVICES 1,090.45 ADVANCE TOWING & RECOVERY 407378 16 -Aug -2017 SERVICES 1,090.45 ADVANCE TOWING & RECOVERY 407555 23 -Aug -2017 CONTRACT SERVICES 322.05 ADVANCE TOWING & RECOVERY 407782 30 -Aug -2017 CONTRACT SERVICES 536.75 AFFILIATED CUSTOMS BROKERS LTD 407556 23 -Aug -2017 SERVICES 123.79 AFTERMARKET PARTS COMPANY LLC 406732 26 -Jul -2017 MATERIALS 10,407.36 AFTERMARKET PARTS COMPANY LLC 406994 26 -Jul -2017 MATERIALS 510.65 AFTERMARKET PARTS COMPANY LLC 407011 02 -Aug -2017 STORES/INVENTORY 45.80 AFTERMARKET PARTS COMPANY LLC 407192 09 -Aug -2017 MATERIALS 92.19 AFTERMARKET PARTS COMPANY LLC 407557 23 -Aug -2017 STORES/INVENTORY 1,617.69 AFTERMARKET PARTS COMPANY LLC 407783 30 -Aug -2017 MATERIALS 7,131.59 AGL GRASS 407558 23 -Aug -2017 SERVICES 46,010.10 AIR CARE SERVICES 407012 02 -Aug -2017 CONTRACT SERVICES 5,116.64 AJ STONE COMPANY LTD 407193 09 -Aug -2017 MATERIALS 345.76 AJ STONE COMPANY LTD 407379 16 -Aug -2017 MATERIALS 15,091.15 ALBANESE,LORI 406733 26 -Jul -2017 MATERIALS 62.68 ALBANESE,LORI 407013 02 -Aug -2017 TRAVEL/MILEAGE 106.92 ALFIDOME CONSTRUCTION 406734 26 -Jul -2017 CONTRACT SERVICES 28,582.59 ALFIDOME CONSTRUCTION 407014 02 -Aug -2017 CONTRACT SERVICES 34,942.40 ALFIDOME CONSTRUCTION 407380 16 -Aug -2017 CONTRACT SERVICES 134,308.36 Page 387 of 465 Page 2 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount ALFIDOME CONSTRUCTION 407559 23 -Aug -2017 REFUND 750.00 ALFIDOME CONSTRUCTION 407784 30 -Aug -2017 SERVICES 3,488.88 ALISON'S SPORTS AWARDS & PROMOTIONS 406735 26 -Jul -2017 MATERIALS 24.30 ALL GREEN IRRIGATION 406737 26 -Jul -2017 CONTRACT SERVICES 853.38 ALL PRO PLUMBING & HEATING 406738 26 -Jul -2017 CONTRACT SERVICES 2,161.24 ALLEN TREE SERVICE 407561 23 -Aug -2017 SERVICES 39,770.88 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 406736 26 -Jul -2017 MATERIALS 2,255.48 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407015 02 -Aug -2017 MATERIALS 122.04 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407381 16 -Aug -2017 MATERIALS 310.16 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407560 23 -Aug -2017 MATERIALS 382.36 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 407785 30 -Aug -2017 MATERIALS 1,203.09 ALLIED MEDICAL INSTRUMENTS INC 407016 02 -Aug -2017 MATERIALS 1,050.08 ALMAN,CATHY 406739 26 -Jul -2017 REFUND 20.99 ALSOP,SHELLEY 406740 26 -Jul -2017 REFUND 59.99 ALTERNATE SOLUTIONS 407017 02 -Aug -2017 CONTRACT SERVICES 779.93 AMALGAMATED TRANSIT UNION #1582 00097-0001 31 -Jul -2017 PAYROLL REMITTANCE 4,594.68 AMALGAMATED TRANSIT UNION #1582 00101-0001 14 -Aug -2017 PAYROLL REMITTANCE 4,362.03 AMALGAMATED TRANSIT UNION #1582 00104-0001 28 -Aug -2017 PAYROLL REMITTANCE 4,621.12 AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE 407018 02 -Aug -2017 CONTRACT SERVICES 4,748.26 ANDERSON,JAMILLAH 407019 02 -Aug -2017 REFUND 92.66 ANDERSON, RAYMOND JAMES 407382 16 -Aug -2017 REFUND 750.00 ANDREWS,EMILY 407786 30 -Aug -2017 SERVICES 1,800.00 ANTHONY'S EXCAVATING CENTRAL INC 406741 26 -Jul -2017 CONTRACT SERVICES 16,961.30 ANTHONY'S EXCAVATING CENTRAL INC 407787 30 -Aug -2017 SERVICES 12,882.00 ANTONSEN,DAVID 407020 02 -Aug -2017 MATERIALS 101.69 AQUAFOR BEECH LIMITED 407563 23 -Aug -2017 SERVICES 6,076.80 ARCHEOWORKS INC 407194 09 -Aug -2017 MATERIALS 6,667.00 ARCHER TRUCK CENTRE (WELLAND) LTD 407021 02 -Aug -2017 VEH ID#516 70.92 ARCHER TRUCK CENTRE (WELLAND) LTD 407383 16 -Aug -2017 VEH ID#538 856.44 ARCHER TRUCK SERVICES LTD 406742 26 -Jul -2017 VEH ID#572 604.51 ARCHER TRUCK SERVICES LTD 407788 30 -Aug -2017 VEH ID#681 1,175.54 ARCTIC GLACIER CANADA INC. 407564 23 -Aug -2017 MATERIALS 194.40 ARIVA 406743 26 -Jul -2017 MATERIALS 601.14 ARIVA 407195 09 -Aug -2017 MATERIALS 119.67 ARIVA 407565 23 -Aug -2017 MATERIALS 991.86 ARTCRAFT KITCHENS 407022 02 -Aug -2017 REFUND 22,500.00 ARTISTA DESIGN & PRINT INC 406744 26 -Jul -2017 MATERIALS 348.04 ARTISTA DESIGN & PRINT INC 407023 02 -Aug -2017 MATERIALS 101.70 ARTISTA DESIGN & PRINT INC 407197 09 -Aug -2017 MATERIALS 4,124.50 ARTISTA DESIGN & PRINT INC 407384 16 -Aug -2017 MATERIALS 28.25 ARTISTA DESIGN & PRINT INC 407566 23 -Aug -2017 MATERIALS 3,421.64 ARTISTA DESIGN & PRINT INC 407789 30 -Aug -2017 MATERIALS 2,310.85 ART'S TOOL SALES OF NIA LTD. 407385 16 -Aug -2017 MATERIALS 293.77 ASSOCIATED ENGINEERING (ONT) LTD 406745 26 -Jul -2017 MATERIALS 535.62 AULD,STEVEN 406746 26 -Jul -2017 REFUND 54.64 AUTO FX 407567 23 -Aug -2017 SERVICES 130.80 AUTO LINE TOYOTA O/B 1032447 ONTARIO LTD. 407790 30 -Aug -2017 MATERIALS 57.05 AVENUE ARCHITECTURE INC 407568 23 -Aug -2017 REFUND 1,250.00 B & B LIFT TRUCK SERVICE 407389 16 -Aug -2017 CONTRACT SERVICES 289.04 B & B LIFT TRUCK SERVICE 407571 23 -Aug -2017 VEH ID#333 480.48 B & S POOL SERVICES 406747 26 -Jul -2017 MATERIALS 2,405.58 BAIN PRINTING LIMITED 406748 26 -Jul -2017 MATERIALS 115.27 BAIN PRINTING LIMITED 407386 16 -Aug -2017 MATERIALS 220.35 BAKER 406749 26 -Jul -2017 MATERIALS 3,538.92 BAKER 407024 02 -Aug -2017 STORES/INVENTORY 199.13 BAKER 407198 09 -Aug -2017 STORES/INVENTORY 220.69 BAKER 407387 16 -Aug -2017 STORES/INVENTORY 2,012.00 BAKER 407569 23 -Aug -2017 MATERIALS 30.25 BAKER 407791 30 -Aug -2017 MATERIALS 378.81 BALLINGER,SONNY 407570 23 -Aug -2017 MATERIALS 175.00 BALOGH,KAI 407792 30 -Aug -2017 TRAVEL/MILEAGE 150.66 BANKS,MONTY 407199 09 -Aug -2017 TRAVEL/MILEAGE 22.68 BANNERMAN,MAJA 407200 09 -Aug -2017 TRAVEL/MILEAGE 50.92 BARR,ANGELA 407201 09 -Aug -2017 REFUND 138.15 BASQUE,SYLVIO 407202 09 -Aug -2017 MATERIALS 100.00 BATL NIAGARA 407793 30 -Aug -2017 SERVICES 1,130.00 BATTLEFIELD EQUIPMENT RENTALS 406750 26 -Jul -2017 MATERIALS 220.28 BATTLEFIELD EQUIPMENT RENTALS 407025 02 -Aug -2017 MATERIALS 2,192.52 BATTLEFIELD EQUIPMENT RENTALS 407203 09 -Aug -2017 MATERIALS 6,017.44 BATTLEFIELD EQUIPMENT RENTALS 407388 16 -Aug -2017 VEH ID#211 835.25 BATTLEFIELD EQUIPMENT RENTALS 407794 30 -Aug -2017 MATERIALS 1,540.69 BELISLE,ERIC 407205 09 -Aug -2017 REFUND 750.00 BELL CANADA 407206 09 -Aug -2017 UTILITIES 88.71 BELL CANADA 407391 16 -Aug -2017 UTILITIES 46.04 Page 388 of 465 Page 389 of 465 Page 3 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount BELL CANADA 407574 23 -Aug -2017 UTILITIES 925.69 BELL CANADA 407795 30 -Aug -2017 UTILITIES 88.71 BELL CANADA 407796 30 -Aug -2017 UTILITIES 264.42 BELL CANADA - PUBLIC ACCESS 407573 23 -Aug -2017 UTILITIES 226.00 BELL MOBILITY INC. 407207 09 -Aug -2017 UTILITIES 1,291.81 BELL MOBILITY INC. 407392 16 -Aug -2017 MATERIALS 11,404.34 BELL,LEROY 407797 30 -Aug -2017 REFUND 234.23 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 406752 26 -Jul -2017 MATERIALS 17,473.59 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407026 02 -Aug -2017 VEH ID#236 292.80 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407208 09 -Aug -2017 MATERIALS 404.52 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407393 16 -Aug -2017 VEH ID#239/254 2,023.20 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407575 23 -Aug -2017 VEH ID#242 1,386.39 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 407798 30 -Aug -2017 VEH ID#212 133.50 BERESH,DENNIS EARL& BERESH, ALEXANDRA LORIN 407799 30 -Aug -2017 REFUND 792.36 BERGEN,STEPHEN& BERGEN, ANGELEEN 407576 23 -Aug -2017 REFUND 1,000.00 BERKELEY PAYMENT SOLUTIONS WIRE 09 -Aug -2017 MATERIALS 12,984.76 BEST PRACTICE 406753 26 -Jul -2017 MATERIALS 1,680.00 BEST PRACTICE 407577 23 -Aug -2017 TRAINING 1,680.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 406754 26 -Jul -2017 MATERIALS 1,105.96 BICKLE MAIN INDUSTRIAL SUPPLY INC 407394 16 -Aug -2017 MATERIALS 316.17 BICKLE MAIN INDUSTRIAL SUPPLY INC 407800 30 -Aug -2017 MATERIALS 985.25 BILODEAU,MATHEW 406755 26 -Jul -2017 TRAVEL/MILEAGE 110.16 BILODEAU,MATHEW 407209 09 -Aug -2017 TRAINING 133.97 BILOTTATOM 407210 09 -Aug -2017 MATERIALS 75.00 BIRD DESIGN -BUILD CONSTRUCTION INC 407801 30 -Aug -2017 REFUND 10,682.50 BLENDTEK FINE INGREDIENTS 407395 16 -Aug -2017 MATERIALS 3,358.36 BOB ROBINSON & SON CONSTRUCTION 406756 26 -Jul -2017 CONTRACT SERVICES 8,042.83 BOB ROBINSON & SON CONSTRUCTION 407212 09 -Aug -2017 CONTRACT SERVICES 8,525.91 BOB ROBINSON & SON CONSTRUCTION 407396 16 -Aug -2017 MATERIALS 19,501.68 BOB ROBINSON & SON CONSTRUCTION 407578 23 -Aug -2017 REFUND 39,534.69 BOB ROBINSON & SON CONSTRUCTION 407802 30 -Aug -2017 SERVICES 1,285.13 BOISSELLE,FANIE 407803 30 -Aug -2017 REFUND 68.78 BOJAN,ZDJELAR 407804 30 -Aug -2017 REFUND 750.00 BORIC,DOUGLAS 407805 30 -Aug -2017 REFUND 750.00 BOWMAN,LYLIE BROOKE& REMPEI, JOSHUA JONATHAN 407806 30 -Aug -2017 REFUND 67.55 BOYS & GIRLS CLUB OF NIAGARA 406757 26 -Jul -2017 GRANT 16,500.00 BOYS & GIRLS CLUB OF NIAGARA 407969 31 -Aug -2017 GRANT 16,500.00 BRADFIELD, KENNETH RODERICK 407807 30 -Aug -2017 REFUND 750.00 BRENNAN PAVING LTD. 406758 26 -Jul -2017 CONTRACT SERVICES 11,642.55 BRENNAN PAVING LTD. 407397 16 -Aug -2017 CONTRACT SERVICES 315,643.44 BRICKELL,FREDERICK THOMAS 407579 23 -Aug -2017 REFUND 750.00 BRINKS CANADA LTD 406759 26 -Jul -2017 CONTRACT SERVICES 2,727.44 BRINKS CANADA LTD 407808 30 -Aug -2017 SERVICES 2,793.71 BROCK FORD 406760 26 -Jul -2017 VEH ID#43 600.46 BROCK FORD 407027 02 -Aug -2017 VEH ID#572 25,733.47 BROCK FORD 407213 09 -Aug -2017 VEH ID#124 282.21 BROCKFORD 407398 16 -Aug -2017 MATERIALS 1,144.06 BROCK FORD 407580 23 -Aug -2017 VEH ID#65 717.50 BROCK FORD 407809 30 -Aug -2017 VEH ID#110 288.15 BROWN,MICHAEL 407581 23 -Aug -2017 REFUND 282.50 BRUINSMA,JEANINE 406762 26 -Jul -2017 REFUND 112.92 BRUNNING, MARGARET 407582 23 -Aug -2017 SERVICES 65.00 BUILDING INNOVATION 407583 23 -Aug -2017 SERVICES 16,950.00 BURGESS FENCE CONTRACTORS 407584 23 -Aug -2017 SERVICES 3,915.45 BURKE EMPLOYMENT SOLUTIONS 406763 26 -Jul -2017 CONTRACT SERVICES 361.60 BURKE EMPLOYMENT SOLUTIONS 407028 02 -Aug -2017 CONTRACT SERVICES 90.40 BUSINESS LINK MEDIA GROUP 406764 26 -Jul -2017 ADVERTISING 226.00 CVS MIDWEST TAPE 406793 26 -Jul -2017 MATERIALS 715.26 CVS MIDWEST TAPE 407242 09 -Aug -2017 MATERIALS 330.27 CVS MIDWEST TAPE 407412 16 -Aug -2017 MATERIALS 1,756.91 CVS MIDWEST TAPE 407603 23 -Aug -2017 MATERIALS 1,339.18 CVS MIDWEST TAPE 407825 30 -Aug -2017 MATERIALS 2,250.14 CACILHAS,JEFFREY 407585 23 -Aug -2017 REFUND 1,000.00 CALE SYSTEMS INC 407029 02 -Aug -2017 MATERIALS 735.13 CALE SYSTEMS INC 407214 09 -Aug -2017 MATERIALS 826.16 CAMERON,CHELSEA 406765 26 -Jul -2017 REFUND 56.60 CAMPBELL,WAYNE 407542 16 -Aug -2017 MATERIALS 340.00 CANADA POST CORPORATION 00097-0002 31 -Jul -2017 MATERIALS 4.96 CANADA POST CORPORATION 00099-0001 08 -Aug -2017 MATERIALS 4,949.26 CANADA POST CORPORATION 00103-0001 28 -Aug -2017 MATERIALS 4,039.14 CANADA POST CORPORATION 00105-0001 05 -Sep -2017 MATERIALS 7,717.18 CANADIAN BEARINGS LTD 407030 02 -Aug -2017 VEH ID#922 76.86 CANADIAN BEARINGS LTD 407215 09 -Aug -2017 MATERIALS 140.03 CANADIAN DOOR DOCTOR 406768 26 -Jul -2017 MATERIALS 562.18 Page 389 of 465 Page 4 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount CANADIAN DOOR DOCTOR 407031 02 -Aug -2017 CONTRACT SERVICES 163.85 CANADIAN DOOR DOCTOR 407216 09 -Aug -2017 MATERIALS 1,063.90 CANADIAN DOOR DOCTOR 407811 30 -Aug -2017 SERVICES 474.61 CANADIAN LINEN & UNIFORM 406769 26 -Jul -2017 CONTRACT SERVICES 708.83 CANADIAN LINEN & UNIFORM 407032 02 -Aug -2017 MATERIALS 554.13 CANADIAN LINEN & UNIFORM 407217 09 -Aug -2017 CONTRACT SERVICES 396.14 CANADIAN LINEN & UNIFORM 407399 16 -Aug -2017 MATERIALS 393.58 CANADIAN LINEN & UNIFORM 407587 23 -Aug -2017 MATERIALS 400.07 CANADIAN LINEN & UNIFORM 407812 30 -Aug -2017 MATERIALS 393.58 CANADIAN NATIONAL 406770 26 -Jul -2017 CONTRACT SERVICES 3,625.50 CANADIAN NIAGARA HOTELS INC 407588 23 -Aug -2017 SERVICES 37,612.18 CANADIAN PACIFIC RAILWAY 407813 30 -Aug -2017 REFUND 5,399.42 CANADIAN PACIFIC RAILWAY CO 407218 09 -Aug -2017 CONTRACT SERVICES 1,141.50 CANADIAN PAYROLL ASSOCIATION 407033 02 -Aug -2017 MEMBERSHIP 480.25 CANADIAN PORTABLE SERVICES 407400 16 -Aug -2017 MATERIALS 170.64 CANADIAN PORTABLE SERVICES 407589 23 -Aug -2017 SERVICES 6,281.11 CANADIAN RED CROSS 406771 26 -Jul -2017 TRAINING 588.00 CANADIAN RED CROSS 407590 23 -Aug -2017 MATERIALS 324.81 CANADIAN RED CROSS 407814 30 -Aug -2017 MATERIALS 72.44 CANADIAN URBAN TRANSIT ASSOCIATION 406773 26 -Jul -2017 ADVERTISING 423.75 CANALI,KAREN& CANALI, LUCIANO 407810 30 -Aug -2017 REFUND 64.18 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 406767 26 -Jul -2017 MATERIALS 3,244.12 CANON CANADA INC. 406766 26 -Jul -2017 CONTRACT SERVICES 873.14 CANTEC SECURITY SERVICES INC 406772 26 -Jul -2017 CONTRACT SERVICES 1,627.20 CANTEC SECURITY SERVICES INC 407219 09 -Aug -2017 CONTRACT SERVICES 2,169.60 CANTEC SECURITY SERVICES INC 407591 23 -Aug -2017 SERVICES 16,856.98 CARLETON UNIFORMS INC 407401 16 -Aug -2017 MATERIALS 2,806.24 CAROLINE'S CARICATURES 407815 30 -Aug -2017 SERVICES 200.00 CARTER LEASE & RENTALS INC 407221 09 -Aug -2017 LEASES AND RENTS 710.77 CARTER,LAURA MICHELLE 407220 09 -Aug -2017 REFUND 750.00 CASTLE MECHANICAL 406775 26 -Jul -2017 CONTRACT SERVICES 1,852.52 CASTLE MECHANICAL 407592 23 -Aug -2017 SERVICES 1,555.43 CATARACT COLLISION CENTRE 407593 23 -Aug -2017 VEH ID#315 827.84 CBM N.A. INC 407222 09 -Aug -2017 MATERIALS 379.50 CEASER WORK COUNSEL 406776 26 -Jul -2017 CONSULTING SERVICES 5,941.37 CEASER WORK COUNSEL 407223 09 -Aug -2017 CONTRACT SERVICES 7,636.37 CECCKIN,JOHN C 406777 26 -Jul -2017 REFUND 193.62 CEDAR INFRASTRUCTURE PRODUCTS INC 407034 02 -Aug -2017 MATERIALS 858.35 CENTENNIAL INFRASTRUCTURE INC 407402 16 -Aug -2017 CONTRACT SERVICES 298,320.00 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 406778 26 -Jul -2017 REFUND 101.21 CENTRAL COMMUNICATIONS 407224 09 -Aug -2017 CONTRACT SERVICES 548.05 CENTURY BUILDING RESTORATION INC 407594 23 -Aug -2017 REFUND 1,250.00 CERMINARA,VIRGINIA 407035 02 -Aug -2017 CONTRACT SERVICES 23.38 CERVUS EQUIPMENT 407036 02 -Aug -2017 VEH ID#475 3,013.56 CHAMBER OF COMMERCE NIAGARA FALLS 406779 26 -Jul -2017 MEMBERSHIP 159.81 CHAMBER OF COMMERCE NIAGARA FALLS 407037 02 -Aug -2017 ADVERTISING 1,017.00 CHAMBER OF COMMERCE NIAGARA FALLS 407225 09 -Aug -2017 MATERIALS 169.50 CHAMBER OF COMMERCE NIAGARA FALLS 407595 23 -Aug -2017 MEMBERSHIP 254.25 CHAPMAN MURRAY ASSOCIATES 407226 09 -Aug -2017 CONSULTING SERVICES 9,711.55 CHAPMAN MURRAY ASSOCIATES 407403 16 -Aug -2017 MATERIALS 5,650.00 CHAPTERHOUSE PUBLISHING INCORPORATED 407768 24 -Aug -2017 MATERIALS 24,000.00 CHARLEBOIS,JAKE 407816 30 -Aug -2017 SERVICES 200.00 CHARLES JONES INDUSTRIAL LTD 406780 26 -Jul -2017 MATERIALS 2,181.05 CHARLES JONES INDUSTRIAL LTD 407038 02 -Aug -2017 MATERIALS 2,230.56 CHARLES JONES INDUSTRIAL LTD 407227 09 -Aug -2017 MATERIALS 293.53 CHARLES JONES INDUSTRIAL LTD 407404 16 -Aug -2017 STORES/INVENTORY 8,170.08 CHARLES JONES INDUSTRIAL LTD 407817 30 -Aug -2017 MATERIALS 1,723.71 CHAUDHRY,NADEEM& CHAUDHRY, SAIMA 406781 26 -Jul -2017 REFUND 15.71 CHEM AQUA 407039 02 -Aug -2017 CONTRACT SERVICES 169.50 CICCALE,MONDO 406782 26 -Jul -2017 REFUND 17.83 CIMA CANADA INC 407228 09 -Aug -2017 SERVICES 69,387.76 CIMA CANADA INC 407405 16 -Aug -2017 MATERIALS 29,804.88 CIMCO REFRIGERATION 406783 26 -Jul -2017 CONTRACT SERVICES 911.83 CIMCO REFRIGERATION 407041 02 -Aug -2017 CONTRACT SERVICES 9,003.75 CIMCO REFRIGERATION 407406 16 -Aug -2017 CONTRACT SERVICES 341.99 CITY PARENT 406784 26 -Jul -2017 ADVERTISING 901.74 CITY VIEW BUS SALES & SERVICE LTD. 407042 02 -Aug -2017 STORES/INVENTORY 4,101.76 CITY VIEW BUS SALES & SERVICE LTD. 407229 09 -Aug -2017 MATERIALS 307.59 CITY VIEW BUS SALES & SERVICE LTD. 407407 16 -Aug -2017 STORES/INVENTORY 838.90 CITY VIEW BUS SALES & SERVICE LTD. 407818 30 -Aug -2017 MATERIALS 1,561.89 CLARK,TIFFANY 407362 10 -Aug -2017 MATERIALS 150.00 CLAYDON,JEFF 407408 16 -Aug -2017 TRAVEL/MILEAGE 147.96 CLEVER DEVICES LTD 407230 09 -Aug -2017 MATERIALS 1,135.65 CLEVER DEVICES LTD 407819 30 -Aug -2017 MATERIALS 749.19 Page 390 of 465 Page 5 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount CLIFTON HILL BIA 406785 26 -Jul -2017 REMITTANCE 12,500.00 CLOCKWORK SYSTEMS INC 407043 02 -Aug -2017 CONTRACT SERVICES 867.93 CLOWATER,NATACHEA L 406786 26 -Jul -2017 REFUND 219.74 CLUB ITALIA ORDER OF SONS OF ITALY 407044 02 -Aug -2017 MEMBERSHIP 55.00 CLUB ITALIA ORDER OF SONS OF ITALY 407769 24 -Aug -2017 MATERIALS 120.00 C -MAX FIRE SOLUTIONS 406787 26 -Jul -2017 MATERIALS 216.94 COBURN,DARRIN 407045 02 -Aug -2017 MATERIALS 169.00 CODE 4 FIRE & RESCUE INC 407596 23 -Aug -2017 VEH ID#526 30.51 COGECO CONNEXION INC. 407046 02 -Aug -2017 UTILITIES 1,110.23 COGECO CONNEXION INC. 407231 09 -Aug -2017 LEASES AND RENTS 847.50 COLLINS CONCESSIONS LTD 407232 09 -Aug -2017 MATERIALS 850.50 COMMERCIAL CLEANING SERVICES 406788 26 -Jul -2017 CONTRACT SERVICES 452.00 COMMERCIAL CLEANING SERVICES 407597 23 -Aug -2017 SERVICES 1,130.00 COMMISSIONAIRES 406789 26 -Jul -2017 CONTRACT SERVICES 14,293.11 COMMISSIONAIRES 407233 09 -Aug -2017 CONTRACT SERVICES 6,315.07 COMMISSIONAIRES 407409 16 -Aug -2017 CONTRACT SERVICES 10,245.09 COMMISSIONAIRES 407598 23 -Aug -2017 SERVICES 15,584.69 CONDUENT BUSINESS SERVICES, LLC US DRAFT 09 -Aug -2017 MATERIALS 800.00 CONTINENTAL TIRE CANADA INC 406790 26 -Jul -2017 STORES/INVENTORY 3,877.82 COPPER BEECH COMPANY INC. 407234 09 -Aug -2017 SERVICES 339.00 COTTON INC 407599 23 -Aug -2017 SERVICES 166,261.89 COUNTRY BASKET -THE 407235 09 -Aug -2017 MATERIALS 474.60 CRAITOR,KIM 407236 09 -Aug -2017 SERVICES 124.24 CRAWFORD & COMPANY (CANADA) INC 406791 26 -Jul -2017 CONTRACT SERVICES 2,351.25 CRAWFORD & COMPANY (CANADA) INC 407238 09 -Aug -2017 CONTRACT SERVICES 5,623.50 CRAWFORD & COMPANY (CANADA) INC 407410 16 -Aug -2017 CONTRACT SERVICES 1,368.50 CRAWFORD & COMPANY (CANADA) INC 407600 23 -Aug -2017 CONTRACT SERVICES 3,059.00 CRAWFORD & COMPANY (CANADA) INC 407820 30 -Aug -2017 CONTRACT SERVICES 3,979.00 CRAWFORD SMITH & SWALLOW 407237 09 -Aug -2017 CONTRACT SERVICES 7,571.00 CRAWFORD,JOE 407411 16 -Aug -2017 MATERIALS 200.00 CRE -8 -IT SIGNS 407048 02 -Aug -2017 MATERIALS 2,165.08 CRESTLINE COACH LTD 407821 30 -Aug -2017 MATERIALS 465.82 CROW,JEREMY& CROW, HEIDI 407822 30 -Aug -2017 REFUND 384.47 CRUISE,CORY 407239 09 -Aug -2017 MATERIALS 200.00 CSN -MAPLE LEAF COLLISION 407823 30 -Aug -2017 SERVICES 813.60 CUMMINS EASTERN CANADA LP 407049 02 -Aug -2017 CONTRACT SERVICES 642.78 CUMMINS EASTERN CANADA LP 407240 09 -Aug -2017 MATERIALS 1,398.73 CUMMINS EASTERN CANADA LP 407601 23 -Aug -2017 MATERIALS 1,088.97 CUMMINS EASTERN CANADA LP 407824 30 -Aug -2017 SUBSCRIPTION 596.55 CUMMINS MISSISSAUGA BUS & TRUCK REPAIRS INC 407241 09 -Aug -2017 MATERIALS 603.92 CUMMINS MISSISSAUGA BUS & TRUCK REPAIRS INC 407602 23 -Aug -2017 MATERIALS 388.58 CUMMINS -ALLISON ULC 406792 26 -Jul -2017 CONTRACT SERVICES 462.17 CUPE LOCAL 133 00097-0003 31 -Jul -2017 PAYROLL REMITTANCE 10,412.58 CUPE LOCAL 133 00101-0002 14 -Aug -2017 PAYROLL REMITTANCE 10,638.11 CUPE LOCAL 133 00104-0002 28 -Aug -2017 PAYROLL REMITTANCE 10,548.20 D & R LANDSCAPE GROUP 407609 23 -Aug -2017 SERVICES 6,237.60 D K TECHNICAL SERVICES INC 406995 26 -Jul -2017 CONTRACT SERVICES 180.80 DAGENAIS,MARY 406794 26 -Jul -2017 REFUND 204.09 DAI,GUOQING& LIU, QIUWEI 407051 02 -Aug -2017 REFUND 279.38 DA -LEE DUST CONTROL 406795 26 -Jul -2017 MATERIALS 15,313.00 DANYAAL ENTERPRISES LTD 406796 26 -Jul -2017 REFUND 1,250.00 DARCH FIRE 407413 16 -Aug -2017 VEH ID#571 446.80 DAVIDSON ENVIRONMENTAL 406797 26 -Jul -2017 MATERIALS 47.46 DAVIDSON ENVIRONMENTAL 407414 16 -Aug -2017 CONTRACT SERVICES 63.28 DAVIDSON ENVIRONMENTAL 407604 23 -Aug -2017 MATERIALS 94.92 DAVIDSON,ANGELA 407052 02 -Aug -2017 TRAVEL/MILEAGE 380.16 DE BOER,ERIC JAMES 407605 23 -Aug -2017 REFUND 750.00 DEBELLONIA,JAMES 407608 23 -Aug -2017 REFUND 750.00 DEL DUCA,ADAM JOHN 407606 23 -Aug -2017 REFUND 750.00 DELLAVILLE,CHERYL 407826 30 -Aug -2017 REFUND 85.00 DELOS REYES,ROLANDO& DELOS REYES, ADORA 407827 30 -Aug -2017 REFUND 174.35 DEMAR CONSTRUCTION INC. 407415 16 -Aug -2017 CONTRACT SERVICES 2,151.12 DEMAR CONSTRUCTION INC. 407416 16 -Aug -2017 CONTRACT SERVICES 5,524.64 DEMAR CONSTRUCTION INC. 407607 23 -Aug -2017 CONTRACT SERVICES 3,003.24 DEMOUS TIRE SALES & SERVICE 406798 26 -Jul -2017 VEH ID#67 2,782.48 DEMOUS TIRE SALES & SERVICE 407828 30 -Aug -2017 VEH ID#239 1,494.96 DEPENDABLE EMERGENCY VEHICLES 406799 26 -Jul -2017 VEH ID#526 2,672.23 DEPENDABLE EMERGENCY VEHICLES 407053 02 -Aug -2017 MATERIALS -NEW VEHICLE 527 669,462.85 DEPENDABLE EMERGENCY VEHICLES 407243 09 -Aug -2017 VEH ID#524 214.70 DEREK STONIER 407774 24 -Aug -2017 MATERIALS 500.00 DESCHAMPS,STEPH 406801 26 -Jul -2017 REFUND 94.50 DESIGN ELECTRONICS 406800 26 -Jul -2017 CONTRACT SERVICES 204.53 DESIGN ELECTRONICS 407054 02 -Aug -2017 CONTRACT SERVICES 127.13 DESIGN ELECTRONICS 407829 30 -Aug -2017 SERVICES 1,563.64 Page 391 of 465 Page 392 of 465 Page 6 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount DESTEFANO,TERESA 407055 02 -Aug -2017 REFUND 121.05 DHANANI,AZIZ 407244 09 -Aug -2017 REFUND 500.00 DICAN DIGITAL INSTRUMENTS CANADA INC 407056 02 -Aug -2017 MATERIALS 237.30 DICAN DIGITAL INSTRUMENTS CANADA INC 407830 30 -Aug -2017 SERVICES 237.30 DICK,GREGORY MICHAEL& DICK, RACHEL EMILY 407057 02 -Aug -2017 REFUND 2,321.10 DIODATI,JIM 406802 26 -Jul -2017 MATERIALS 1,155.00 DIODATI,JIM 407543 16 -Aug -2017 MATERIALS 340.00 DIODATI,JIM 407970 31 -Aug -2017 TRAVEL/MILEAGE 1,155.00 DISTRICT SCHOOL BOARD OF NIAGARA 407058 02 -Aug -2017 REFUND 1,095.52 DISTRICT SCHOOL BOARD OF NIAGARA 00097-0004 31 -Jul -2017 REFUND 1,250.00 DJURIC,MILAN 407831 30 -Aug -2017 REFUND 137.62 DOBSON,NANCY 407832 30 -Aug -2017 REFUND 105.00 DOVE,CONNIE 406803 26 -Jul -2017 REFUND 277.26 DOWNTOWN BOARD OF MANAGEMENT 406804 26 -Jul -2017 REMITTANCE 106,204.50 DREN,KARL 407245 09 -Aug -2017 TRAVEL/MILEAGE 187.92 DUFFERIN CONCRETE 406805 26 -Jul -2017 MATERIALS 2,058.88 DUFFERIN CONCRETE 407059 02 -Aug -2017 MATERIALS 1,970.73 DUFFERIN CONCRETE 407417 16 -Aug -2017 MATERIALS 1,673.54 DUFFERIN CONCRETE 407610 23 -Aug -2017 MATERIALS 2,498.44 DUFFERIN CONCRETE 407833 30 -Aug -2017 MATERIALS 768.97 DULUX PAINTS 407246 09 -Aug -2017 MATERIALS 812.93 DULUX PAINTS 407611 23 -Aug -2017 MATERIALS 46.26 DULUX- PPG ARCHITECTURAL COATINGS CANADA INC 407834 30 -Aug -2017 MATERIALS 46.26 DUMONT SECURITY 406806 26 -Jul -2017 CONTRACT SERVICES 145.77 DUMONT SECURITY 407060 02 -Aug -2017 CONTRACT SERVICES 1,049.19 DUMONT SECURITY 407835 30 -Aug -2017 SERVICES 1,049.19 DUNCAN,JASON 406807 26 -Jul -2017 REFUND 3.82 DUNHAM,BRIAN 407418 16 -Aug -2017 REFUND 170.21 DUNTSCH,JUSTUS 407836 30 -Aug -2017 GRANT 1,000.00 DYNACARE 406808 26 -Jul -2017 MATERIALS 57.00 E S HUBBELL HIGHWAY AND DRAINANGE PRODUCTS 407250 09 -Aug -2017 MATERIALS 9,302.16 E3 LABORATORIES 406809 26 -Jul -2017 CONTRACT SERVICES 1,690.48 E3 LABORATORIES 407612 23 -Aug -2017 MATERIALS 149.16 E3 LABORATORIES 407837 30 -Aug -2017 MATERIALS 1,290.46 EASTLAND,MARI-LYNNE 407419 16 -Aug -2017 ADVERTISING 135.60 ECONOMIC DEVELOPERS ASSOCIATION OF CANADA 406810 26 -Jul -2017 ADVERTISING 1,000.00 ED LEARN FORD LINCOLN LTD 406811 26 -Jul -2017 MATERIALS 171.51 ED LEARN FORD LINCOLN LTD 407838 30 -Aug -2017 SERVICES 176.50 ELLIS ENGINEERING INC. 407420 16 -Aug -2017 CONTRACT SERVICES 27,245.79 ELLIS ENGINEERING INC. 407613 23 -Aug -2017 CONSULTING SERVICES 23,633.95 EMCO CORPORATION 406812 26 -Jul -2017 MATERIALS 6,267.38 EMCO CORPORATION 407061 02 -Aug -2017 MATERIALS 2,727.37 EMCO CORPORATION 407247 09 -Aug -2017 MATERIALS 6,566.88 EMCO CORPORATION 407421 16 -Aug -2017 MATERIALS 2,415.04 EMCO CORPORATION 407614 23 -Aug -2017 MATERIALS 431.21 EMCO CORPORATION 407839 30 -Aug -2017 MATERIALS 737.89 ENBRIDGE 00097-0005 31 -Jul -2017 MATERIALS 585.32 ENBRIDGE 00099-0002 08 -Aug -2017 MATERIALS 191.15 ENBRIDGE 00099-0003 08 -Aug -2017 MATERIALS 11,775.30 ENBRIDGE 00101-0003 14 -Aug -2017 MATERIALS 74.51 ENBRIDGE 00102-0001 21 -Aug -2017 MATERIALS 362.48 ENBRIDGE 00103-0002 28 -Aug -2017 MATERIALS 1,526.17 ENBRIDGE 00105-0002 05 -Sep -2017 MATERIALS 161.72 ENBRIDGE 00105-0003 05 -Sep -2017 MATERIALS 9,600.54 ENSIGN ELECTRONIC ALARM SYSTEMS 407062 02 -Aug -2017 CONTRACT SERVICES 1,239.30 ENTERTAINMENT PARTNERS CANADA 407615 23 -Aug -2017 SERVICES 677.02 E -QUIP RENTALS & REPAIRS INC 406813 26 -Jul -2017 MATERIALS 2,522.27 E -QUIP RENTALS & REPAIRS INC 407064 02 -Aug -2017 MATERIALS 93.39 E -QUIP RENTALS & REPAIRS INC 407249 09 -Aug -2017 MATERIALS 1,996.42 E -QUIP RENTALS & REPAIRS INC 407422 16 -Aug -2017 MATERIALS 1,073.35 E -QUIP RENTALS & REPAIRS INC 407616 23 -Aug -2017 MATERIALS 972.09 EQUIPMENT SPECIALIST INC 407063 02 -Aug -2017 LEASES AND RENTS 16,210.42 EQUIPMENT SPECIALIST INC 407248 09 -Aug -2017 VEH ID# 476 1,344.75 ESTATE OF MARCI STRYCHAR, 406957 26 -Jul -2017 REFUND 71.87 EVANS UTILITY SUPPLY LTD 407065 02 -Aug -2017 CONTRACT SERVICES 30,859.90 EVANS UTILITY SUPPLY LTD 407251 09 -Aug -2017 MATERIALS 6,947.96 EXP SERVICES INC 406814 26 -Jul -2017 CONTRACT SERVICES 13,535.14 EXP SERVICES INC 407617 23 -Aug -2017 SERVICES 4,125.63 EXP SERVICES INC 407840 30 -Aug -2017 MATERIALS 908.52 FABBRO,TERESA 407423 16 -Aug -2017 TRAINING 290.97 FAIGOU,NAFEE 407841 30 -Aug -2017 GRANT 100.00 FALLS AUTO BODY INC 407842 30 -Aug -2017 VEH ID#567 3,162.90 FALLS CHEVROLET CADILLAC 406815 26 -Jul -2017 VEH ID#599 1,473.86 FALLS CHEVROLET CADILLAC 407066 02 -Aug -2017 MATERIALS 214.90 Page 392 of 465 Page 393 of 465 Page 7 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount FALLS CHEVROLET CADILLAC 407252 09 -Aug -2017 VEH ID#599 1,163.89 FALLS CHEVROLET CADILLAC 407424 16 -Aug -2017 MATERIALS 1,057.07 FALLS CHEVROLET CADILLAC 407618 23 -Aug -2017 MATERIALS 1,500.89 FALLS CHEVROLET CADILLAC 407843 30 -Aug -2017 MATERIALS 358.09 FALLS ELECTRIC INC 406816 26 -Jul -2017 CONTRACT SERVICES 1,290.04 FALLS ELECTRIC INC 407067 02 -Aug -2017 CONTRACT SERVICES 320.36 FALLS ELECTRIC INC 407425 16 -Aug -2017 MATERIALS 787.96 FALLS ELECTRIC INC 407619 23 -Aug -2017 SERVICES 293.80 FALLS ELECTRIC INC 407844 30 -Aug -2017 MATERIALS 2,241.58 FALLSVIEW BIA 406817 26 -Jul -2017 REMITTANCE 750,000.00 FALLSWAY SUPPLY 406818 26 -Jul -2017 MATERIALS 60.62 FALLSWAY SUPPLY 407426 16 -Aug -2017 VEH ID#239 1,189.10 FALLSWAY SUPPLY 407845 30 -Aug -2017 MATERIALS 216.51 FANSOLATO,WAYNE 407253 09 -Aug -2017 MATERIALS 75.00 FASTENAL CANADA LTD 406821 26 -Jul -2017 MATERIALS 1,678.90 FASTENAL CANADA LTD 407068 02 -Aug -2017 MATERIALS 5,455.96 FASTENAL CANADA LTD 407254 09 -Aug -2017 STORES/INVENTORY 178.99 FASTENAL CANADA LTD 407427 16 -Aug -2017 STORES/INVENTORY 744.11 FASTENAL CANADA LTD 407620 23 -Aug -2017 MATERIALS 560.97 FASTENAL CANADA LTD 407846 30 -Aug -2017 MATERIALS 24.05 FASTENAL COMPANY (ONNIA) 406820 26 -Jul -2017 REFUND 229.28 FEHR'S TROPHY & ENGRAVING 406822 26 -Jul -2017 MATERIALS 339.00 FELICETTI,SERGE 406823 26 -Jul -2017 MATERIALS 98.76 FENA INSURANCE SOLUTIONS 407847 30 -Aug -2017 REFUND 1,250.00 FERGUSON,ASHLEY 406824 26 -Jul -2017 REFUND 18.64 FESSLER,MARCUS 407848 30 -Aug -2017 GRANT 250.00 FESTIVALS & EVENTS ONTARIO 407621 23 -Aug -2017 MEMBERSHIP 418.10 FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 406825 26 -Jul -2017 MATERIALS 449.74 FIRE MONITORING OF CANADA INC 407069 02 -Aug -2017 CONTRACT SERVICES 108.48 FIRE MONITORING OF CANADA INC 407622 23 -Aug -2017 SERVICES 2,304.52 FLAGS UNLIMITED INC 406826 26 -Jul -2017 MATERIALS 182.46 FLEXO PRODUCTS LTD 406827 26 -Jul -2017 STORES/INVENTORY 4,338.90 FLEXO PRODUCTS LTD 407070 02 -Aug -2017 MATERIALS 2,489.68 FLEXO PRODUCTS LTD 407255 09 -Aug -2017 MATERIALS 1,672.40 FLEXO PRODUCTS LTD 407623 23 -Aug -2017 MATERIALS 1,529.05 FLEXO PRODUCTS LTD 407849 30 -Aug -2017 MATERIALS 1,452.45 FORLIN,JACOB 407071 02 -Aug -2017 MATERIALS 25.93 FOUR SEASONS CONSTRUCTION 407850 30 -Aug -2017 REFUND 1,000.00 FRAMING & ART CENTRE 407256 09 -Aug -2017 MATERIALS 1,769.15 FRANK CONSTANTINO CONSTRUCTION 406828 26 -Jul -2017 REFUND 1,000.00 FRANZE,FRANK 407428 16 -Aug -2017 TRAVEL/MILEAGE 31.32 FRAONE,ANNA 407624 23 -Aug -2017 REFUND 750.00 FREW ENERGY LIMITED 406829 26 -Jul -2017 FUEL 41,483.25 FREW ENERGY LIMITED 407257 09 -Aug -2017 FUEL 29,182.98 FREW ENERGY LIMITED 407429 16 -Aug -2017 FUEL 2,728.20 FREW ENERGY LIMITED 407625 23 -Aug -2017 FUEL 33,989.78 FROESE FORENSIC PARTNERS LTD 407258 09 -Aug -2017 CONTRACT SERVICES 4,231.27 G. O'CONNOR CONSULTANTS INC 407073 02 -Aug -2017 MATERIALS 10,417.19 G. O'CONNOR CONSULTANTS INC 407633 23 -Aug -2017 CONSULTING SERVICES 4,765.78 G.S. WARK LIMITED 407638 23 -Aug -2017 REFUND 1,250.00 GALE/CENGAGE LEARNING US DRAFT 09 -Aug -2017 MATERIALS 260.35 GALES GAS BARS 406830 26 -Jul -2017 FUEL 311.25 GALES GAS BARS 407626 23 -Aug -2017 FUEL 177.92 GALLERY WORKS NIAGARA INC 406831 26 -Jul -2017 MATERIALS 452.00 GALLERY WORKS NIAGARA INC 407770 24 -Aug -2017 MATERIALS 1,130.00 GARDNER-DURDLE,TORENA 407851 30 -Aug -2017 LEASES AND RENTS 100.00 GAROFALO SEWER CLEANING 407628 23 -Aug -2017 REFUND 750.00 GAROFALO SEWER CLEANING 407852 30 -Aug -2017 SERVICES 107.35 GARRETT,KYLE& GARRETT, ADAM 407627 23 -Aug -2017 REFUND 750.00 GAUBOC CONSTRUCTION LIMITED 407629 23 -Aug -2017 SERVICES 3,178.13 GAULD NURSERIES LTD 407430 16 -Aug -2017 MATERIALS 886.62 GB ENVIRONMENTAL SERVICES NIAGARA LTD 407431 16 -Aug -2017 MATERIALS 2,587.70 GENERAL SEED COMPANY 407432 16 -Aug -2017 MATERIALS 1,254.30 GHD LIMITED 407630 23 -Aug -2017 SERVICES 10,417.47 GIANT TOURING COMPANY INC 407259 09 -Aug -2017 CONTRACT SERVICES 25,200.00 GIANT TOURING COMPANY INC 407631 23 -Aug -2017 MATERIALS 3,000.00 GILL,ANDREW 407433 16 -Aug -2017 MATERIALS 175.00 GIRARDI,CHRISTINE 407260 09 -Aug -2017 TRAVEL/MILEAGE 150.91 GLEN,BETTY ANN 406996 26 -Jul -2017 REFUND 227.98 GLENNA,JOHNSTON 406832 26 -Jul -2017 REFUND 230.48 GLOBAL LEGACY BOXING INC 407072 02 -Aug -2017 MATERIALS 3,390.00 GLOBALSTAR CANADA 406833 26 -Jul -2017 UTILITIES 225.96 GLOBALSTAR CANADA 407261 09 -Aug -2017 UTILITIES 112.98 GLORY GLOBAL SOLUTIONS CANADA INC 407262 09 -Aug -2017 CONTRACT SERVICES 361.60 Page 393 of 465 Page 394 of 465 Page 8 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount GM BLUEPLAN ENGINEERING LIMITED 406834 26 -Jul -2017 CONTRACT SERVICES 14,273.44 GM BLUEPLAN ENGINEERING LIMITED 407632 23 -Aug -2017 SERVICES 9,152.90 GOEDVOLK,CHRISTINE 407074 02 -Aug -2017 REFUND 99.77 GOODMAN,MARK 407263 09 -Aug -2017 MATERIALS 175.00 GOOLD,NATHANIAL 406835 26 -Jul -2017 SERVICES 1,000.00 GOOLD,NATHANIAL 407853 30 -Aug -2017 SERVICES 1,000.00 GORDON BANNERMAN LTD 406836 26 -Jul -2017 MATERIALS 445.88 GORDON BANNERMAN LTD 407075 02 -Aug -2017 MATERIALS 719.41 GRAHAM,BRENDAN 407076 02 -Aug -2017 REFUND 237.65 GRAHAM,CATHARINE 407854 30 -Aug -2017 GRANT 100.00 GRAINGE,DAVID PETER& GRAINGE, FRANCES KATHLEEN 407077 02 -Aug -2017 REFUND 12.88 GRAND & TOY 406837 26 -Jul -2017 MATERIALS 344.35 GRAND & TOY 407434 16 -Aug -2017 MATERIALS 116.70 GRAYBAR CANADA 406838 26 -Jul -2017 MATERIALS 1,098.10 GRAYBAR CANADA 407078 02 -Aug -2017 MATERIALS 408.97 GRAYBAR CANADA 407264 09 -Aug -2017 MATERIALS 128.42 GRAYBAR CANADA 407435 16 -Aug -2017 MATERIALS 111.38 GREAT GULF (TORONTO 2000) 407634 23 -Aug -2017 REFUND 750.00 GREAT LAKES FIRE SERVICES 406839 26 -Jul -2017 MATERIALS 50.29 GREAT LAKES FIRE SERVICES 407265 09 -Aug -2017 CONTRACT SERVICES 384.20 GREAT LAKES FIRE SERVICES 407436 16 -Aug -2017 MATERIALS 113.00 GREAT LAKES FIRE SERVICES 407855 30 -Aug -2017 SERVICES 47.46 GREATER NIAGARA BOAT CLUB 407636 23 -Aug -2017 FUEL 50.94 GREAVES LIGHT DUTY SIGN SERVICE 407437 16 -Aug -2017 ADVERTISING 271.20 GREEN LION ECO GROUP CORP 407635 23 -Aug -2017 REFUND 500.00 GREEN,SIMON MALCOM 407637 23 -Aug -2017 REFUND 750.00 GREENFIELD GROUP LTD 406840 26 -Jul -2017 CONTRACT SERVICES 1,587.65 GREY BORDERS BOOKS 407856 30 -Aug -2017 MATERIALS 393.75 GRIFFIN LANDSCAPE 407079 02 -Aug -2017 CONTRACT SERVICES 11,182.76 GROUND AERIAL MAINTENANCE LTD 407080 02 -Aug -2017 SERVICES 1,595.79 GRZELAK,SARAH 406841 26 -Jul -2017 REFUND 94.33 GT FRENCH 406842 26 -Jul -2017 STORES/INVENTORY 6,842.94 GT FRENCH 407081 02 -Aug -2017 MATERIALS 202.11 GT FRENCH 407266 09 -Aug -2017 MATERIALS 597.59 GT FRENCH 407438 16 -Aug -2017 MATERIALS 138.37 GT FRENCH 407639 23 -Aug -2017 MATERIALS 986.31 GT FRENCH 407857 30 -Aug -2017 MATERIALS 600.00 GUARASCI,JEFF 406843 26 -Jul -2017 TRAVEL/MILEAGE 350.46 GUARASCI,SANDY 406844 26 -Jul -2017 REFUND 20.00 GUILD ELECTRIC LIMITED 407267 09 -Aug -2017 CONTRACT SERVICES 2,701.63 GYM CON LTD 407858 30 -Aug -2017 SERVICES 87,349.00 HACH SALES & SERVICE CANADA LP 407640 23 -Aug -2017 MATERIALS 222.61 HAILS,WAYNE& HAILS, SHARON 406845 26 -Jul -2017 REFUND 48.89 HALCO MOBILE MFG SALES & SERVICE INC 406846 26 -Jul -2017 CONTRACT SERVICES 1,130.00 HALCO MOBILE MFG SALES & SERVICE INC 407082 02 -Aug -2017 MATERIALS 847.50 HALCO MOBILE MFG SALES & SERVICE INC 407268 09 -Aug -2017 CONTRACT SERVICES 672.35 HALCO MOBILE MFG SALES & SERVICE INC 407439 16 -Aug -2017 CONTRACT SERVICES 452.00 HALCO MOBILE MFG SALES & SERVICE INC 407641 23 -Aug -2017 SERVICES 1,073.50 HALCO MOBILE MFG SALES & SERVICE INC 407859 30 -Aug -2017 SERVICES 452.00 HALLEX ENGINEERING LTD 407083 02 -Aug -2017 CONTRACT SERVICES 4,282.70 HALLEX ENGINEERING LTD 407642 23 -Aug -2017 SERVICES 4,520.00 HAMILTON SANTA CLAUS PARADE 407440 16 -Aug -2017 MATERIALS 1,250.00 HAMILTON -TORONTO AREA PROCESS SERVING INC 406847 26 -Jul -2017 CONTRACT SERVICES 163.85 HARLOCK,RODERICK 407860 30 -Aug -2017 UTILITIES 143.82 HARRIMAN,JOHN 407269 09 -Aug -2017 CONTRACT SERVICES 5,018.00 HARRISON,JASMINE 406848 26 -Jul -2017 REFUND 22.75 HASLEM,CAROL ANNE 407861 30 -Aug -2017 REFUND 265.99 HAZMASTERS INC 406849 26 -Jul -2017 MATERIALS 1,494.58 HD SUPPLY CANADA INC 406850 26 -Jul -2017 MATERIALS 16.98 HEART NIAGARA INC 407442 16 -Aug -2017 REFUND 3,222.67 HEART NIAGARA INC 407643 23 -Aug -2017 MATERIALS 84.00 HEART NIAGARA INC 407862 30 -Aug -2017 MATERIALS 395.50 HERB LODDE & SONS ROOFING LTD 407443 16 -Aug -2017 MATERIALS 15,524.62 HERKIMER,DEBRA 407084 02 -Aug -2017 REFUND 147.14 HERRING,DIANE 407444 16 -Aug -2017 MATERIALS 30.00 HERRING,DIANE 407644 23 -Aug -2017 SERVICES 30.00 HEUSERS STEEL WORKS LTD 407270 09 -Aug -2017 MATERIALS 113.00 HEUSERS STEEL WORKS LTD 407863 30 -Aug -2017 MATERIALS 259.90 HICKS MORLEY HAMILTON STEWART STORE LLP 406851 26 -Jul -2017 CONTRACT SERVICES 10,296.69 HICKS MORLEY HAMILTON STEWART STORE LLP 407445 16 -Aug -2017 CONTRACT SERVICES 3,331.81 HICKS,DEREK 407645 23 -Aug -2017 TRAVEL/MILEAGE 20.00 HILMONIUK,CRAIG 407864 30 -Aug -2017 TRAVEL/MILEAGE 50.38 HOLMAN,GEOFF 407085 02 -Aug -2017 TRAVEL/MILEAGE 80.46 HOOD CLEANERS OF AMERICA INC 406852 26 -Jul -2017 CONTRACT SERVICES 1,406.00 Page 394 of 465 Page 395 of 465 Page 9 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount HORTON,EVON& HORTON, DEBORAH 407865 30 -Aug -2017 REFUND 1,669.20 HOTSY CLEANING SYSTEMS 406853 26 -Jul -2017 MATERIALS 700.60 HOULDEN,SHAWNA 406854 26 -Jul -2017 REFUND 105.99 HOWARD,RICHARD H 406855 26 -Jul -2017 REFUND 121.56 HOWELLS,SIMON 407646 23 -Aug -2017 MATERIALS 158.19 HRDOWNLOADS INC 407647 23 -Aug -2017 SERVICES 12,603.68 IBEC MACHINE KNIFE LTD 406856 26 -Jul -2017 MATERIALS 82.49 IBEC MACHINE KNIFE LTD 407086 02 -Aug -2017 CONTRACT SERVICES 58.76 IBEC MACHINE KNIFE LTD 407446 16 -Aug -2017 CONTRACT SERVICES 106.22 IBI GROUP PROFESSSIONAL SERVICES (CANADA) INC 406857 26 -Jul -2017 CONTRACT SERVICES 3,073.60 IBI GROUP PROFESSSIONAL SERVICES (CANADA) INC 407447 16 -Aug -2017 CONTRACT SERVICES 2,169.60 ICECO ADVANCED ARENA PRODUCTS 407866 30 -Aug -2017 MATERIALS 3,638.60 ICOMPASS TECHNOLOGIES 406858 26 -Jul -2017 MATERIALS 27,459.00 IMRAN,SIDRA 407867 30 -Aug -2017 MATERIALS 200.00 INAMDAR,FIROJ 406859 26 -Jul -2017 REFUND 27.90 INDACO MANUFACTURING LIMITED 407271 09 -Aug -2017 MATERIALS 233.98 INDEPENDENT SUPPLY COMPANY 406860 26 -Jul -2017 MATERIALS 27.03 INDEPENDENT SUPPLY COMPANY 407087 02 -Aug -2017 MATERIALS 359.64 INDEPENDENT SUPPLY COMPANY 407272 09 -Aug -2017 MATERIALS 53.04 INDEPENDENT SUPPLY COMPANY 407448 16 -Aug -2017 MATERIALS 85.21 INDEPENDENT SUPPLY COMPANY 407648 23 -Aug -2017 MATERIALS 61.81 INDEPENDENT SUPPLY COMPANY 407868 30 -Aug -2017 MATERIALS 9.44 INGERSOLL RAND 406861 26 -Jul -2017 MATERIALS 2,968.20 INNOTEX INC. 407649 23 -Aug -2017 MATERIALS 6,278.55 INNOVATIVE GATE SYSTEMS INC 406863 26 -Jul -2017 CONTRACT SERVICES 881.40 INNOVATIVE SURFACE SOLUTIONS CANADA 406862 26 -Jul -2017 MATERIALS 5,097.43 INNOVATIVE SURFACE SOLUTIONS CANADA 407273 09 -Aug -2017 MATERIALS 4,630.83 INTUITION LANDSCAPE 407449 16 -Aug -2017 CONTRACT SERVICES 14,368.48 INTUITION LANDSCAPE 407650 23 -Aug -2017 CONTRACT SERVICES 12,742.02 IRVINE,TAMMY 407651 23 -Aug -2017 SERVICES 217.95 ITIABA,JULIAN& JOAXHIM, GLENDA & BAYAH 407088 02 -Aug -2017 REFUND 213.71 J J MACKAY CANADA LTD 406867 26 -Jul -2017 CONTRACT SERVICES 38.66 J J MACKAY CANADA LTD 407654 23 -Aug -2017 SERVICES 39.83 J KJOUPPIEN HERITAGE RESOURCE CONSULTANT 406868 26 -Jul -2017 MATERIALS 1,113.05 J&B PRO MUSIC 407274 09 -Aug -2017 MATERIALS 4,746.00 JACK DOW AUTO SUPPLIES LIMITED 406864 26 -Jul -2017 STORES/INVENTORY 288.18 JACK DOW AUTO SUPPLIES LIMITED 407652 23 -Aug -2017 MATERIALS 249.51 JACKET CELLAR 407450 16 -Aug -2017 MATERIALS 259.90 JAGUAR BOOK GROUP 406865 26 -Jul -2017 MATERIALS 471.55 JAMES WAKUNICK US DRAFT 09 -Aug -2017 MATERIALS 235.59 JAREB,MARINKO 407869 30 -Aug -2017 GRANT 300.00 JASS CONSTRUCTION (1370629 ONT LTD) 407870 30 -Aug -2017 CONTRACT SERVICES 193,840.20 JAY OLIVER US DRAFT 09 -Aug -2017 MATERIALS 196.16 JEETHAN,PULMASSIE TOYIE 407089 02 -Aug -2017 REFUND 7,012.32 JESIK,MEGAN 407871 30 -Aug -2017 GRANT 250.00 JEX,CAROL 406866 26 -Jul -2017 REFUND 192.95 JIA,YUJIE 407653 23 -Aug -2017 REFUND 1,250.00 JOAN CRAWFORD GRAPHIC DESIGN 406869 26 -Jul -2017 MATERIALS 1,944.16 JTS REPAIR LTD. 407090 02 -Aug -2017 CONTRACT SERVICES 287.45 KAPTEYN,KEES 407872 30 -Aug -2017 GRANT 100.00 KAPUR,VIJAY 407091 02 -Aug -2017 REFUND 24.05 KARBORANI, JERI ES SHIMON 407873 30 -Aug -2017 REFUND 115.77 KELLY DIGS LANDSCAPING 407451 16 -Aug -2017 CONTRACT SERVICES 6,331.77 KELLY DIGS LANDSCAPING 407655 23 -Aug -2017 CONTRACT SERVICES 12,696.88 KELLY SERVICES (CANADA) LTD. 407656 23 -Aug -2017 CONTRACT SERVICES 889.08 KELLY SERVICES (CANADA) LTD. 407874 30 -Aug -2017 MATERIALS 889.08 KENWORTH TORONTO LTD 407275 09 -Aug -2017 STORES/INVENTORY 2,193.16 KENWORTH TORONTO LTD 407452 16 -Aug -2017 STORES/INVENTORY 182.86 KERRY T HOWE ENGINEERING LTD 406870 26 -Jul -2017 CONTRACT SERVICES 1,898.40 KERRY T HOWE ENGINEERING LTD 407092 02 -Aug -2017 CONTRACT SERVICES 5,901.43 KERRY T HOWE ENGINEERING LTD 407657 23 -Aug -2017 MATERIALS 11,285.41 KHAN,BIBI 407875 30 -Aug -2017 REFUND 39.00 KIRKUP MASCOE & URE SURVEYING LTD. 407453 16 -Aug -2017 CONTRACT SERVICES 4,152.75 KLEENWAY BUILDING MAINTENANCE INC 406871 26 -Jul -2017 CONTRACT SERVICES 1,679.18 KLEENWAY BUILDING MAINTENANCE INC 407276 09 -Aug -2017 CONTRACT SERVICES 3,152.70 KLEENWAY BUILDING MAINTENANCE INC 407454 16 -Aug -2017 CONTRACT SERVICES 4,582.15 KOLASRIAN,ARMEN 407876 30 -Aug -2017 REFUND 30.00 KRAHN,FRANK 406872 26 -Jul -2017 MATERIALS 200.00 KRAWCZYK CONSTRUCTION MAINTENANCE INC 407093 02 -Aug -2017 REFUND 1,250.00 KRAWCZYK CONSTRUCTION MAINTENANCE INC 407455 16 -Aug -2017 MATERIALS 2,237.40 KRAWCZYK CONSTRUCTION MAINTENANCE INC 407658 23 -Aug -2017 CONTRACT SERVICES 5,107.60 KROWN 406873 26 -Jul -2017 CONTRACT SERVICES 610.14 KROWN 407094 02 -Aug -2017 CONTRACT SERVICES 865.46 KROWN 407277 09 -Aug -2017 CONTRACT SERVICES 327.58 Page 395 of 465 Page 396 of 465 Page 10 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount KROWN 407659 23 -Aug -2017 CONTRACT SERVICES 271.09 KWIK MIX MATERIALS LIMITED 407660 23 -Aug -2017 MATERIALS 1,577.21 LAKE'S MAINTENANCE 407278 09 -Aug -2017 MATERIALS 177.98 LAKE'S MAINTENANCE 407456 16 -Aug -2017 CONTRACT SERVICES 231.65 LANDTEK LIMITED 407095 02 -Aug -2017 MATERIALS 35,425.50 LAW CRUSHED STONE 407096 02 -Aug -2017 MATERIALS 3,665.85 LAW CRUSHED STONE 407457 16 -Aug -2017 MATERIALS 2,692.24 LAW CRUSHED STONE 407877 30 -Aug -2017 MATERIALS 5,304.22 LAWNS AND MORE INC. 407458 16 -Aug -2017 MATERIALS 14,608.07 LAWSON PRODUCTS INC 407097 02 -Aug -2017 MATERIALS 1,417.89 LAWSON PRODUCTS INC 407279 09 -Aug -2017 MATERIALS 407.51 LAWSON PRODUCTS INC 407459 16 -Aug -2017 STORES/INVENTORY 625.98 LAWSON PRODUCTS INC 407661 23 -Aug -2017 MATERIALS 925.03 LAWSON PRODUCTS INC 407878 30 -Aug -2017 MATERIALS 839.19 LEA,MELISSA 407460 16 -Aug -2017 TRAVEL/MILEAGE 764.99 LEBLANC,RON 407098 02 -Aug -2017 MATERIALS 80.00 LEE,CAMERON 407280 09 -Aug -2017 MATERIALS 200.00 LEGGE,DEBORAH 407879 30 -Aug -2017 TRAVEL/MILEAGE 103.94 LELIEVRE,JOHN& LELIEVRE, NANCY 407880 30 -Aug -2017 REFUND 204.64 LIAO,JEMMA 406874 26 -Jul -2017 TRAVEL/MILEAGE 140.40 LIAO,JEMMA 407662 23 -Aug -2017 TRAINING 339.00 LIBRARY BOUND INC 406875 26 -Jul -2017 MATERIALS 894.85 LIBRARY BOUND INC 407099 02 -Aug -2017 MATERIALS 476.98 LIBRARY BOUND INC 407281 09 -Aug -2017 MATERIALS 798.71 LIBRARY BOUND INC 407461 16 -Aug -2017 MATERIALS 1,000.09 LIBRARY BOUND INC 407663 23 -Aug -2017 MATERIALS 1,602.85 LIBRARY BOUND INC 407771 24 -Aug -2017 MATERIALS 1,349.66 LIDSTER,JACK 407664 23 -Aug -2017 SERVICES 250.00 LIFESAVING SOCIETY 407665 23 -Aug -2017 MATERIALS 227.50 LINCOLN APPLIANCE SERVICE CENTRE INC 407462 16 -Aug -2017 MATERIALS 99.44 LINCOLN APPLIANCE SERVICE CENTRE INC 407666 23 -Aug -2017 SERVICES 99.44 LINCOLN CONSTRUCTION 407100 02 -Aug -2017 REFUND 750.00 LOOPSTRA NIXON LLP 407282 09 -Aug -2017 CONTRACT SERVICES 5,130.74 LORENCE,BARBARA 407667 23 -Aug -2017 REFUND 230.00 LOUD +CLEAR 407463 16 -Aug -2017 MATERIALS 1,915.35 LUKACS,JANOS 407668 23 -Aug -2017 REFUND 750.00 LUNDY'S LANE BIA 406877 26 -Jul -2017 GRANT 128,306.50 LYONS,BETTY 407881 30 -Aug -2017 REFUND 33.44 MACKEY,DAVID 407464 16 -Aug -2017 REFUND 39.00 MANCUSO CHEMICALS LIMITED 407101 02 -Aug -2017 MATERIALS 3,839.83 MANCUSO CHEMICALS LIMITED 407283 09 -Aug -2017 MATERIALS 272.90 MANCUSO CHEMICALS LIMITED 407465 16 -Aug -2017 MATERIALS 401.51 MANCUSO CHEMICALS LIMITED 407669 23 -Aug -2017 MATERIALS 2,820.39 MANIBOG,LIGAYA MARTIN 406878 26 -Jul -2017 REFUND 103.33 MANOR CLEANERS 407102 02 -Aug -2017 MATERIALS 289.06 MANOR CLEANERS 407670 23 -Aug -2017 MATERIALS 412.42 MARAZZO,ASHLEY 407883 30 -Aug -2017 GRANT 250.00 MARCHIO,JOSEPH 407671 23 -Aug -2017 REFUND 750.00 MAR -CO CLAY PRODUCTS INC 407466 16 -Aug -2017 MATERIALS 1,770.48 MARCOTTE, MICHELLE 407885 30 -Aug -2017 GRANT 100.00 MARKEN HOMES & CONSTRUCTION 407103 02 -Aug -2017 REFUND 10.84 MARK'S COMMERCIAL 406879 26 -Jul -2017 MATERIALS 170.33 MARK'S COMMERCIAL 407104 02 -Aug -2017 MATERIALS 819.11 MARK'S COMMERCIAL 407284 09 -Aug -2017 MATERIALS 4,118.08 MARK'S COMMERCIAL 407363 10 -Aug -2017 MATERIALS 288.40 MARK'S COMMERCIAL 407467 16 -Aug -2017 MATERIALS 2,958.17 MARK'S COMMERCIAL 407672 23 -Aug -2017 MATERIALS 1,290.34 MARKS SUPPLY INC 407285 09 -Aug -2017 MATERIALS 885.71 MARKS SUPPLY INC 407468 16 -Aug -2017 MATERIALS 73.72 MARKS SUPPLY INC 407673 23 -Aug -2017 MATERIALS 829.22 MARKS SUPPLY INC 407884 30 -Aug -2017 MATERIALS 677.31 MARONE,MARCO 407105 02 -Aug -2017 REFUND 1,000.00 MARTIN SHEPPARD FRASER LLP 407286 09 -Aug -2017 CONTRACT SERVICES 1,616.55 MARTIN,MICHAEL 406880 26 -Jul -2017 REFUND 52.07 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 406881 26 -Jul -2017 CONTRACT SERVICES 678.00 MAXWELL PAPER CANADA INC 407469 16 -Aug -2017 MATERIALS 268.15 MCCONNERY,STAN 407364 10 -Aug -2017 MATERIALS 15.00 MCD MECHANICAL 407287 09 -Aug -2017 CONTRACT SERVICES 3,900.00 MCD MECHANICAL 407675 23 -Aug -2017 MATERIALS 7,800.00 MCDONNELL,DINO SHAWN 407674 23 -Aug -2017 REFUND 500.00 MCEACHERN,CHRIS 407886 30 -Aug -2017 MATERIALS 40.00 MCGARRY,MARION 406882 26 -Jul -2017 REFUND 298.66 MCINTOSH,PAUL 407288 09 -Aug -2017 REFUND 1,669.20 MCKAY,TAMMY 407676 23 -Aug -2017 SERVICES 264.00 Page 396 of 465 Page 11 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD 407470 16 -Aug -2017 VEH ID#404 1,095.54 MCMILLAN DRAINAGE SOLUTIONS 407677 23 -Aug -2017 REFUND 750.00 ME OLSEN TITLES INC 407289 09 -Aug -2017 MATERIALS 67.80 METAL SUPERMARKETS 407107 02 -Aug -2017 MATERIALS 1,291.80 METAL SUPERMARKETS 407290 09 -Aug -2017 MATERIALS 348.55 METAL SUPERMARKETS 407471 16 -Aug -2017 MATERIALS 533.10 METAL SUPERMARKETS 407887 30 -Aug -2017 MATERIALS 616.79 METRO COLLISION SERVICES INC 407109 02 -Aug -2017 CONTRACT SERVICES -UNIT 404 5,275.09 METRO FREIGHTLINER HAMILTON 407108 02 -Aug -2017 STORES/INVENTORY 3,703.59 METRO FREIGHTLINER HAMILTON 407291 09 -Aug -2017 STORES/INVENTORY 82.85 METRO FREIGHTLINER HAMILTON 407472 16 -Aug -2017 STORES/INVENTORY 2,347.58 MICHAUD KITCHEN & HEATING 407678 23 -Aug -2017 REFUND 1,250.00 MIERSCH,ADELE LYNN 406883 26 -Jul -2017 MATERIALS 50.85 MILLER RESTORATION 407473 16 -Aug -2017 MATERIALS 506.04 MINISTER OF FINANCE 407110 02 -Aug -2017 PAYROLL REMITTANCE 4,218.92 MINISTER OF FINANCE 407111 02 -Aug -2017 PAYROLL REMITTANCE 72,964.53 MINISTER OF FINANCE 407888 30 -Aug -2017 PAYROLL REMITTANCE 4,020.35 MINISTER OF FINANCE 407889 30 -Aug -2017 PAYROLL REMITTANCE 72,622.55 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 407292 09 -Aug -2017 TRAINING 390.00 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 407680 23 -Aug -2017 MATERIALS 390.00 MINISTRY OF ATTORNEY GENERAL 00097-0006 31-JuI-2017 PAYROLL REMITTANCE 3,302.02 MINISTRY OF ATTORNEY GENERAL 00101-0004 14 -Aug -2017 PAYROLL REMITTANCE 3,182.48 MINISTRY OF ATTORNEY GENERAL 00104-0003 28 -Aug -2017 PAYROLL REMITTANCE 3,182.48 MITCHELL,VANESSA 407112 02 -Aug -2017 REFUND 138.78 MOASE,SUZANNE 406884 26 -Jul -2017 MATERIALS 317.98 MODERN LANDFILL INC 406885 26 -Jul -2017 MATERIALS 6,396.33 MODERN LANDFILL INC 407113 02 -Aug -2017 CONTRACT SERVICES 197.55 MODERN LANDFILL INC 407293 09 -Aug -2017 CONTRACT SERVICES 429.49 MODERN LANDFILL INC 407681 23 -Aug -2017 CONTRACT SERVICES 8,971.85 MOHAWK MFG & SUPPLY CO 406886 26 -Jul -2017 STORES/INVENTORY 96.39 MOHAWK MFG & SUPPLY CO 407114 02 -Aug -2017 STORES/INVENTORY 4,970.94 MOHAWK MFG & SUPPLY CO 407294 09 -Aug -2017 STORES/INVENTORY 4,593.35 MOHAWK MFG & SUPPLY CO 407474 16 -Aug -2017 STORES/INVENTORY 497.58 MOHAWK MFG & SUPPLY CO 407890 30 -Aug -2017 STORES/INVENTORY 2,026.52 MOORE CANADA CORPORATION 407682 23 -Aug -2017 MATERIALS 13,963.66 MORNEAU SHEPELL LTD 406887 26 -Jul -2017 CONTRACT SERVICES 2,726.46 MORNINGSTAR, BRIAN 407891 30 -Aug -2017 TRAVEL/MILEAGE 11.88 MOROCCO,JOYCE 407544 16 -Aug -2017 MATERIALS 340.00 MORRISON HERSHFIELD 407295 09 -Aug -2017 CONTRACT SERVICES 3,390.00 MOUNTAINVIEW HOMES LTD 407115 02 -Aug -2017 REFUND 1,644.71 MULLER'S WORKWEAR 407296 09 -Aug -2017 MATERIALS 193.17 MULLER'S WORKWEAR 407475 16 -Aug -2017 MATERIALS 188.08 MULLER'S WORKWEAR 407683 23 -Aug -2017 MATERIALS 199.94 MURPHY'S MUSIC 406888 26 -Jul -2017 MATERIALS 1,367.30 MYLES FISHER GRAPHIC & WEB DESIGN 407772 24 -Aug -2017 MATERIALS 1,500.00 NAGY,HANYA 406889 26 -Jul -2017 PETTY CASH 494.10 NAGY,HANYA 407476 16 -Aug -2017 PETTY CASH 93.75 NEKAUI-YAZDY,KELLY 407893 30 -Aug -2017 REFUND 37.71 NELLA CUTLERY (HAMILTON) INC. 407477 16 -Aug -2017 MATERIALS 101.70 NELLA CUTLERY (HAMILTON) INC. 407894 30 -Aug -2017 CONTRACT SERVICES 67.80 NEOPOST LEASING SERIVCES CANADA LTD. 407297 09 -Aug -2017 LEASES AND RENTS 661.05 NETMOTION SOFTWARE INC. US DRAFT 09 -Aug -2017 MATERIALS 1,718.75 NEXTERRA SUBSTRUCTURES INC 407684 23 -Aug -2017 CONTRACT SERVICES 113,416.29 NIAGARA AV SYSTEMS 407895 30 -Aug -2017 MATERIALS 11,865.00 NIAGARA BATTERY & TIRE 406891 26 -Jul -2017 MATERIALS 6,347.30 NIAGARA BATTERY & TIRE 407116 02 -Aug -2017 STORES/INVENTORY 547.12 NIAGARA BATTERY & TIRE 407298 09 -Aug -2017 STORES/INVENTORY 3,455.50 NIAGARA BATTERY & TIRE 407478 16 -Aug -2017 MATERIALS 1,158.03 NIAGARA BATTERY & TIRE 407685 23 -Aug -2017 MATERIALS 5,802.50 NIAGARA BATTERY & TIRE 407896 30 -Aug -2017 MATERIALS 50.00 NIAGARA BLOCK INCORPORATED 407479 16 -Aug -2017 MATERIALS 1,025.14 NIAGARA BLOCK INCORPORATED 407897 30 -Aug -2017 MATERIALS 205.83 NIAGARA CHRYSLER DODGE JEEP 407117 02 -Aug -2017 CONTRACT SERVICES 599.47 NIAGARA COMPOST SOIL FARM INC 407686 23 -Aug -2017 MATERIALS 21,436.86 NIAGARA COMPOST SOIL FARM INC 407898 30 -Aug -2017 CONTRACT SERVICES 16,795.79 NIAGARA CUSTOM SIGNS & GRAPHICS 407118 02 -Aug -2017 MATERIALS 45.20 NIAGARA CUSTOM SIGNS & GRAPHICS 407480 16 -Aug -2017 VEH ID#571/572/524/516/523 2,909.12 NIAGARA DEVELOPMENT CORRIDOR PARTNERSHIP 407687 23 -Aug -2017 MATERIALS 4,000.00 NIAGARA DINING & ENTERTAINMENT 407773 24 -Aug -2017 ADVERTISING 565.00 NIAGARA ENGINEERING 407299 09 -Aug -2017 CONTRACT SERVICES 13,560.00 NIAGARA FALLS ART GALLERY 406892 26 -Jul -2017 GRANT 1,948.61 NIAGARA FALLS ART GALLERY 407971 31 -Aug -2017 GRANT 1,948.61 NIAGARA FALLS CURLING CLUB 407300 09 -Aug -2017 LEASES AND RENTS 10,357.75 NIAGARA FALLS HUMANE SOCIETY 407370 15 -Aug -2017 CONTRACT SERVICES 68,692.70 Page 397 of 465 Page 398 of 465 Page 12 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount NIAGARA FALLS HUMANE SOCIETY 407899 30 -Aug -2017 REMITTANCE 320.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS 00097-0007 31 -Jul -2017 PAYROLL REMITTANCE 15,337.92 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS 00101-0005 14 -Aug -2017 PAYROLL REMITTANCE 7,449.92 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS 00104-0004 28 -Aug -2017 PAYROLL REMITTANCE 15,356.75 NIAGARA FALLS PUBLIC LIBRARY 406893 26 -Jul -2017 PETTY CASH 1,152.30 NIAGARA FALLS REVIEW 407303 09 -Aug -2017 SUBSCRIPTION 676.52 NIAGARA FALLS TOURISM ASSOCIATION 406894 26 -Jul -2017 GRANT 30,000.00 NIAGARA FALLS TOURISM ASSOCIATION 407972 31 -Aug -2017 GRANT 30,000.00 NIAGARA HISTORICAL SOCIETY & MUSEUM 407481 16 -Aug -2017 MATERIALS 230.00 NIAGARA METER SERVICES INC. 407119 02 -Aug -2017 CONTRACT SERVICES 5,213.14 NIAGARA METER SERVICES INC. 407482 16 -Aug -2017 CONTRACT SERVICES 11,290.96 NIAGARA ON THE LAKE HYDRO INC 406895 26 -Jul -2017 SERVICES 142.56 NIAGARA ON THE LAKE HYDRO INC 407688 23 -Aug -2017 UTILITIES 140.68 NIAGARA PARKS COMMISSION 407120 02 -Aug -2017 MATERIALS 30,000.00 NIAGARA PENINSULA ENERGY INC 406896 26 -Jul -2017 UTILITIES 243.93 NIAGARA PENINSULA ENERGY INC 407121 02 -Aug -2017 UTILITIES 200,527.08 NIAGARA PENINSULA ENERGY INC 407302 09 -Aug -2017 UTILITIES 1,102.75 NIAGARA PENINSULA ENERGY INC 407545 17 -Aug -2017 UTILITIES 8,919.26 NIAGARA PENINSULA ENERGY INC 407689 23 -Aug -2017 UTILITIES 22,882.32 NIAGARA PENINSULA ENERGY INC 407900 30 -Aug -2017 UTILITIES 19,553.73 NIAGARA REGIONAL BROADBAND NETWORK 406898 26 -Jul -2017 SERVICES 9,350.63 NIAGARA REGIONAL BROADBAND NETWORK 407690 23 -Aug -2017 SERVICES 9,350.63 NIAGARA REGIONAL POLICE SERVICE 406897 26 -Jul -2017 CONTRACT SERVICES 100.00 NIAGARA SPRING SERVICE LTD 407901 30 -Aug -2017 VEH ID#538 702.40 NIAGARA SUPPORT SERVICES 407691 23 -Aug -2017 REFUND 1,250.00 NIAGARA TRAILERS LTD. 407122 02 -Aug -2017 MATERIALS -UNIT 32 601.17 NIAGARA TRUCK N' STUFF INC 407902 30 -Aug -2017 MATERIALS 384.91 NIAGARA WORKFORCE PLANNING BOARD 407301 09 -Aug -2017 MATERIALS 125.00 NICHOLLS MARINE LTD 407484 16 -Aug -2017 MATERIALS 563.01 NICK'S TRUCK PARTS INC. 407692 23 -Aug -2017 MATERIALS 71.05 NICKS,JOAN 407903 30 -Aug -2017 GRANT 1,000.00 NOBLE CORPORATION 407485 16 -Aug -2017 MATERIALS 2,724.12 NOBLE CORPORATION 407693 23 -Aug -2017 MATERIALS 159.69 NOSEWORTHY, FRANCES 406899 26 -Jul -2017 REFUND 98.29 NOVAQUIP LIFTING SYSTEMS INC. 407304 09 -Aug -2017 CONTRACT SERVICES 5,197.44 NPS CUSTOM KITCHENS & BATHS 407486 16 -Aug -2017 MATERIALS 9,720.60 NUNN,RICHARD 407904 30 -Aug -2017 REFUND 141.45 OATLEY,SHAWN 407123 02 -Aug -2017 TRAINING 59.00 OBSIDIAN GROUP INC O/A CHUCK'S ROADHOUSE 407487 16 -Aug -2017 REFUND 813.55 O'CONNOR,KELLI 407694 23 -Aug -2017 REFUND 500.00 O'CONNOR,PERRY 406900 26 -Jul -2017 REFUND 210.00 OIL FILTRATION SPECIALISTS INC 407305 09 -Aug -2017 STORES/INVENTORY 1,159.38 OMERS 00099-0004 08 -Aug -2017 PAYROLL REMITTANCE 678,825.18 OMERS 00099-0005 08 -Aug -2017 PAYROLL REMITTANCE 36,482.66 OMERS 00105-0004 05 -Sep -2017 PAYROLL REMITTANCE 681,412.11 OMERS 00105-0005 05 -Sep -2017 PAYROLL REMITTANCE 34,311.06 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 406902 26 -Jul -2017 MATERIALS 757.10 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 407365 10 -Aug -2017 MATERIALS 37,322.33 ONTARIO GAMING ASSET CORPORATION 407696 23 -Aug -2017 REFUND 36.00 ONTARIO ONE CALL 406901 26 -Jul -2017 CONTRACT SERVICES 1,457.42 ONTARIO ONE CALL 407695 23 -Aug -2017 CONTRACT SERVICES 1,168.42 ONTARIO SEED COMPANY LTD 406903 26 -Jul -2017 MATERIALS 872.36 ORKIN CANADA CORPORATION 407124 02 -Aug -2017 CONTRACT SERVICES 158.77 ORKIN CANADA CORPORATION 407905 30 -Aug -2017 CONTRACT SERVICES 158.77 OTHMOR,JULIEANNE 407125 02 -Aug -2017 REFUND 90.16 OVENS,CHERYL 406904 26 -Jul -2017 REFUND 99.85 OVERLAND CUSTOM COACH (2007) INC. 406905 26 -Jul -2017 STORES/INVENTORY 3,517.19 OVERLAND CUSTOM COACH (2007) INC. 407488 16 -Aug -2017 STORES/INVENTORY 623.54 PALFINGER INC 407906 30 -Aug -2017 REFUND 230.00 PANAGOPOULOS,JIM 407306 09 -Aug -2017 MATERIALS 76.89 PANTE,CORINNA 406906 26 -Jul -2017 REFUND 22.00 PARADISE POOLS 406907 26 -Jul -2017 MATERIALS 619.64 PARADISE POOLS 407126 02 -Aug -2017 MATERIALS 280.13 PARADISE POOLS 407307 09 -Aug -2017 MATERIALS 83.14 PARADISE POOLS 407489 16 -Aug -2017 MATERIALS 364.44 PARADISE POOLS 407697 23 -Aug -2017 MATERIALS 364.42 PARADISE POOLS 407907 30 -Aug -2017 MATERIALS 1,165.39 PARKWAY TOWING INC 407698 23 -Aug -2017 CONTRACT SERVICES 508.50 PARMAR,PIYUSH 407127 02 -Aug -2017 REFUND 9.58 PARSONS INC 407129 02 -Aug -2017 MATERIALS 2,412.55 PARTY CONNECTION 406908 26 -Jul -2017 MATERIALS 819.63 PARTY CONNECTION 407130 02 -Aug -2017 MATERIALS 1,036.44 PASQUALE,ANGELA MARIA 407308 09 -Aug -2017 REFUND 30.16 PAUL'S RESTORATIONS INC 407131 02 -Aug -2017 REFUND 1,250.00 Page 398 of 465 Page 399 of 465 Page 13 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount PEC ROOF MAINTENANCE 407309 09 -Aug -2017 CONTRACT SERVICES 346.80 PEC ROOF MAINTENANCE 407490 16 -Aug -2017 CONTRACT SERVICES 1,998.22 PEC ROOF MAINTENANCE 407699 23 -Aug -2017 CONTRACT SERVICES 684.56 PENINSULA PAVING INC. 407132 02 -Aug -2017 MATERIALS 5,720.63 PENINSULA PEST CONTROL LTD 407700 23 -Aug -2017 CONTRACT SERVICES 2,853.25 PENNER BUILDING CENTRE 406909 26 -Jul -2017 MATERIALS 514.52 PENNER BUILDING CENTRE 407492 16 -Aug -2017 MATERIALS 906.33 PENNER BUILDING CENTRE 407701 23 -Aug -2017 MATERIALS 846.99 PENNER BUILDING CENTRE 407908 30 -Aug -2017 MATERIALS 243.54 PENTLAND,MARK ALLAN 407491 16 -Aug -2017 REFUND 193.77 PERFORMANCE AUTO GROUP 407310 09 -Aug -2017 MATERIALS 144.04 PETERS EXCAVATING INC 406910 26 -Jul -2017 CONTRACT SERVICES 4,352.76 PETERS EXCAVATING INC 407909 30 -Aug -2017 CONTRACT SERVICES 21,967.20 PIC'S MOTOR CLINIC 407133 02 -Aug -2017 STORES/INVENTORY 453.98 PIC'S MOTOR CLINIC 407311 09 -Aug -2017 STORES/INVENTORY 732.75 PIC'S MOTOR CLINIC 407910 30 -Aug -2017 STORES/INVENTORY 922.65 PINERIDGE TREE SERVICE LTD 406911 26 -Jul -2017 CONTRACT SERVICES 10,712.40 PINERIDGE TREE SERVICE LTD 407493 16 -Aug -2017 CONTRACT SERVICES 9,492.00 PINERIDGE TREE SERVICE LTD 407702 23 -Aug -2017 CONTRACT SERVICES 5,695.20 PINERIDGE TREE SERVICE LTD 407911 30 -Aug -2017 MATERIALS 2,847.60 PINOT,JOSEPH 406912 26 -Jul -2017 REFUND 163.26 PLAYPOWER LT CANADA INC 407494 16 -Aug -2017 MATERIALS 55,831.16 POLARON SOLARTECH CORP. 407703 23 -Aug -2017 REFUND 500.00 POLICH,STEVEN 407134 02 -Aug -2017 TRAVEL/MILEAGE 58.32 POSTMEDIA NETWORK INC 406913 26 -Jul -2017 ADVERTISING 23,079.45 POTALIVO,ANDREAGIOCONDO 407912 30 -Aug -2017 REFUND 84.22 PPL AQUATIC 407704 23 -Aug -2017 CONTRACT SERVICES 103,424.73 PR MECHANICAL SERVICES 407709 23 -Aug -2017 CONTRACT SERVICES 3,900.00 PRAXAIR 406914 26 -Jul -2017 CONTRACT SERVICES 632.79 PRAXAIR 407495 16 -Aug -2017 MATERIALS 268.86 PRAXAIR 407705 23 -Aug -2017 MATERIALS 331.36 PRECISION CURB CUTTING LTD 406915 26 -Jul -2017 CONTRACT SERVICES 784.07 PRECISION CURB CUTTING LTD 407496 16 -Aug -2017 CONTRACT SERVICES 595.43 PREMIER EQUIPMENT LTD 406916 26 -Jul -2017 MATERIALS-VEH ID 228/251/268 1,078.40 PREMIER EQUIPMENT LTD 407312 09 -Aug -2017 MATERIALS 10,577.46 PREMIER EQUIPMENT LTD 407497 16 -Aug -2017 MATERIALS 1,314.38 PREMIER EQUIPMENT LTD 407913 30 -Aug -2017 VEH ID#228/246/268 731.35 PREMIER TRUCK GROUP 406918 26 -Jul -2017 CONTRACT SERVICES 87.01 PREMIER TRUCK GROUP 407914 30 -Aug -2017 MATERIALS -UNIT 690 1,616.55 PRENTICE,JOHN& PRENTICE, THERESA 406917 26 -Jul -2017 REFUND 141.94 PREVOST 406919 26 -Jul -2017 STORES/INVENTORY 6,818.50 PREVOST 407135 02 -Aug -2017 STORES/INVENTORY 278.59 PREVOST 407313 09 -Aug -2017 STORES/INVENTORY 2,227.07 PREVOST 407498 16 -Aug -2017 MATERIALS 7,319.26 PREVOST 407706 23 -Aug -2017 MATERIALS 2,178.16 PREVOST 407915 30 -Aug -2017 STORES/INVENTORY 2,993.40 PRIM8 GROUP INC 407040 02 -Aug -2017 MATERIALS 2,034.00 PRIMARY CARE NIAGARA - NIAGARA FALLS 406920 26 -Jul -2017 MATERIALS 300.00 PRIMARY CARE NIAGARA - NIAGARA FALLS 407916 30 -Aug -2017 MATERIALS 800.00 PRINTING BY INNOVATION INC. 407708 23 -Aug -2017 MATERIALS 788.74 PRINTING HOUSE LTD 407314 09 -Aug -2017 MATERIALS 2,141.12 PRINTING HOUSE LTD 407499 16 -Aug -2017 MATERIALS 1,579.91 PRINTING HOUSE LTD 407707 23 -Aug -2017 MATERIALS 292.56 PRO BATTERY SHOPS 406921 26 -Jul -2017 STORES/INVENTORY 993.95 PRO BATTERY SHOPS 407136 02 -Aug -2017 STORES/INVENTORY 993.95 PRO BATTERY SHOPS 407500 16 -Aug -2017 STORES/INVENTORY 1,987.90 PRO BATTERY SHOPS 407917 30 -Aug -2017 STORES/INVENTORY 609.75 PRO NET SPORTS LTD. 407138 02 -Aug -2017 MATERIALS 2,943.65 PRODUCTION RESOURCE GROUP CANADA LIMITED WIRE 25 -Jul -2017 MATERIALS 126,536.56 PROJECT SHARE 406922 26 -Jul -2017 GRANT 24,866.67 PROJECT SHARE 407137 02 -Aug -2017 MATERIALS 44.01 PROJECT SHARE 407973 31 -Aug -2017 GRANT 24,866.67 PUBLIC SECTOR DIGEST 406923 26 -Jul -2017 SERVICES 10,112.05 PUROLATOR COURIER 406924 26 -Jul -2017 COURIER 43.46 PUROLATOR COURIER 407140 02 -Aug -2017 COURIER 151.77 PUROLATOR COURIER 407316 09 -Aug -2017 COURIER 85.77 PUROLATOR COURIER 407710 23 -Aug -2017 COURIER 138.21 PUROLATOR COURIER 407918 30 -Aug -2017 COURIER 70.75 PVS CONTRACTORS 406925 26 -Jul -2017 CONTRACT SERVICES 47,179.96 PVS CONTRACTORS 407317 09 -Aug -2017 CONTRACT SERVICES 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STASIAK ENGINEERING INC 406936 26 -Jul -2017 CONTRACT SERVICES 4,746.00 R. STASIAK ENGINEERING INC 407722 23 -Aug -2017 CONTRACT SERVICES 2,881.50 RACO AUTO SUPPLY LTD 406927 26 -Jul -2017 STORES/INVENTORY 860.62 RACO AUTO SUPPLY LTD 407142 02 -Aug -2017 STORES/INVENTORY 1,388.54 RACO AUTO SUPPLY LTD 407713 23 -Aug -2017 STORES/INVENTORY 3,022.45 RAINBOW PURE WATER 407714 23 -Aug -2017 MATERIALS 282.50 RAMPADO,ALICIA 407715 23 -Aug -2017 REFUND 750.00 RANKIN CONSTRUCTION INC 407143 02 -Aug -2017 MATERIALS 14,138.15 RAPID -INTERACTIVE DISABILITY MANAGEMENT 407920 30 -Aug -2017 MATERIALS 2,825.00 RBC LIFE INSURANCE COMPANY 406928 26 -Jul -2017 REMITTANCE 1,872.94 RBC LIFE INSURANCE COMPANY 407921 30 -Aug -2017 REMITTANCE 1,911.74 RE: SOUND MUSIC LICENSING COMPANY 407147 02 -Aug -2017 MATERIALS 148.82 REALTAXINC 407144 02 -Aug -2017 MATERIALS 700.60 REALTAXINC 407716 23 -Aug -2017 MATERIALS 1,231.70 RECEIVER GENERAL 406997 26 -Jul -2017 PAYROLL REMITTANCE 527,676.06 RECEIVER GENERAL 406998 26 -Jul -2017 PAYROLL REMITTANCE 173.03 RECEIVER GENERAL 407367 10 -Aug -2017 PAYROLL REMITTANCE 96.41 RECEIVER GENERAL 407368 10 -Aug -2017 PAYROLL REMITTANCE 520,456.91 RECEIVER GENERAL 407764 23 -Aug -2017 PAYROLL REMITTANCE 503,274.47 RECEIVER GENERAL 407765 23 -Aug -2017 PAYROLL REMITTANCE 123.65 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 406929 26 -Jul -2017 MATERIALS 65.96 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 407922 30 -Aug -2017 MATERIALS 36.28 REDWOOD,BRUCE& REDWOOD, TAMMY 406930 26 -Jul -2017 REFUND 92.02 REEH,KENNETH 407145 02 -Aug -2017 REFUND 164.73 REFRIGERATION ENERGY SOLUTIONS LTD 406931 26 -Jul -2017 CONTRACT SERVICES 809.65 REFRIGERATION ENERGY SOLUTIONS LTD 407146 02 -Aug -2017 CONTRACT SERVICES 186.45 REFRIGERATION ENERGY SOLUTIONS LTD 407318 09 -Aug -2017 CONTRACT SERVICES 4,468.31 REGIONAL MUNICIPALITY OF NIAGARA 407502 16 -Aug -2017 MATERIALS 77.00 REGIONAL MUNICIPALITY OF NIAGARA 00098-0001 31 -Jul -2017 CONTRACT SERVICES 2,184,046.19 REGIONAL MUNICIPALITY OF NIAGARA 00099-0006 08 -Aug -2017 MATERIALS 34,027.78 REGIONAL MUNICIPALITY OF NIAGARA 00100-0001 08 -Aug -2017 REMITTANCE 19,710,150.00 REGIONAL MUNICIPALITY OF NIAGARA 00101-0006 14 -Aug -2017 CONTRACT SERVICES 4,467,931.34 REGIONAL MUNICIPALITY OF NIAGARA 00102-0002 21 -Aug -2017 CONTRACT SERVICES 56,778.37 RICARDO,JORGE 407319 09 -Aug -2017 REFUND 900.00 RICHARD CROSSMAN ENTERPRISES 407923 30 -Aug -2017 MATERIALS 750.00 RICHARDSON,BRAD JOSEPH 407717 23 -Aug -2017 REFUND 750.00 RICOH CANADA INC 406932 26 -Jul -2017 MATERIALS 7,191.29 RICOH CANADA INC 407320 09 -Aug -2017 MATERIALS 21,239.48 RICOH CANADA INC 407718 23 -Aug -2017 MATERIALS 7,346.71 RIDGELINE HOMES 407719 23 -Aug -2017 REFUND 750.00 RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED 407321 09 -Aug -2017 MATERIALS 282.50 RIOCAN HOLDINGS INC. 407148 02 -Aug -2017 LEASES AND RENTS 3,375.56 RK & ASSOCIATES 406933 26 -Jul -2017 MATERIALS 4,169.70 RK & ASSOCIATES 407720 23 -Aug -2017 MATERIALS 4,545.70 ROBERTO,THOMAS& ROBERTO, RACHEL 407150 02 -Aug -2017 REFUND 460.04 ROCHESTER MIDLAND CANADA CORPORATION 406934 26 -Jul -2017 MATERIALS 2,657.76 ROCHESTER MIDLAND CANADA CORPORATION 407151 02 -Aug -2017 MATERIALS 252.67 ROCHESTER MIDLAND CANADA CORPORATION 407924 30 -Aug -2017 CONTRACT SERVICES 702.71 ROGERS WIRELESS INC 406935 26 -Jul -2017 CONTRACT SERVICES 2,596.28 ROGERS WIRELESS INC 407505 16 -Aug -2017 UTILITIES 699.69 ROGERS WIRELESS INC 407721 23 -Aug -2017 CONTRACT SERVICES 1,013.86 RUDAN,ZELJKO 406937 26 -Jul -2017 REFUND 2,227.61 RUSSELL TECHNICAL SERVICES INC 406938 26 -Jul -2017 MATERIALS 980.28 SACCO,CHRISTOPHER& SACCO, FREDRICK 407724 23 -Aug -2017 REFUND 1,000.00 SAFE STOR RECORDS MANAGEMENT 406939 26 -Jul -2017 MATERIALS 167.24 SAFE STOR RECORDS MANAGEMENT 407726 23 -Aug -2017 MATERIALS 167.24 SAFETY-KLEEN CANADA INC 407725 23 -Aug -2017 MATERIALS 1,385.00 SALIE,ENVER 407506 16 -Aug -2017 REFUND 50.00 SALVATORE,BEN& SALVATORE, BARB 407727 23 -Aug -2017 REFUND 1,669.20 SAM VISCA ELECTRIC 407753 23 -Aug -2017 CONTRACT SERVICES 141.25 SAMANTHA ARMSTRONG 407728 23 -Aug -2017 SERVICES 204.00 SANI GEAR 406940 26 -Jul -2017 MATERIALS 1,128.31 SANI GEAR 407152 02 -Aug -2017 MATERIALS 2,239.10 SANI GEAR 407324 09 -Aug -2017 MATERIALS 1,400.36 Page 400 of 465 Page 401 of 465 Page 15 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount SANI GEAR 407507 16 -Aug -2017 MATERIALS 1,453.19 SANI GEAR 407926 30 -Aug -2017 MATERIALS 567.83 SARGENT,MELODY 407927 30 -Aug -2017 MATERIALS 250.00 SAROLI,LUCIANO 407153 02 -Aug -2017 REFUND 750.00 SCHACHOWSKOJ, KENT 407154 02 -Aug -2017 TRAVEL/MILEAGE 234.12 SCOTIABANK CONVENTION CENTRE 407729 23 -Aug -2017 MATERIALS 18,726.31 SCOTIABANK CONVENTION CENTRE 407928 30 -Aug -2017 MATERIALS 10,622.00 SCOTT BEST SEWER SERVICES 406941 26 -Jul -2017 CONTRACT SERVICES 762.75 SCOTT BEST SEWER SERVICES 407325 09 -Aug -2017 CONTRACT SERVICES 1,045.25 SCOTT BEST SEWER SERVICES 407508 16 -Aug -2017 CONTRACT SERVICES 745.80 SCOTT BEST SEWER SERVICES 407730 23 -Aug -2017 CONTRACT SERVICES 113.00 SCOTT BEST SEWER SERVICES 407929 30 -Aug -2017 CONTRACT SERVICES 169.50 SCOTT,CHRIS 407509 16 -Aug -2017 MATERIALS 150.00 SEAWAY FLUID POWER GROUP 407155 02 -Aug -2017 MATERIALS 1,973.90 SEAWAY FLUID POWER GROUP 407326 09 -Aug -2017 MATERIALS 1,286.69 SEAWAY FLUID POWER GROUP 407731 23 -Aug -2017 MATERIALS 528.41 SEAWAY FLUID POWER GROUP 407930 30 -Aug -2017 MATERIALS 245.87 SEIBEL,EMILY 407156 02 -Aug -2017 MATERIALS 50.00 SENKERIK FIRE PROTECTION 407327 09 -Aug -2017 CONTRACT SERVICES 884.20 SENKERIK FIRE PROTECTION 407732 23 -Aug -2017 MATERIALS 352.51 SERVICEMASTER CLEAN OF NIAGARA 406944 26 -Jul -2017 CONTRACT SERVICES 122.04 SERVICEMASTER CLEAN OF NIAGARA 407510 16 -Aug -2017 CONTRACT SERVICES 122.04 SERVICEMASTER CLEAN OF NIAGARA 407733 23 -Aug -2017 CONTRACT SERVICES 122.04 SHERRARD KUZZ LLP 407328 09 -Aug -2017 CONTRACT SERVICES 1,504.03 SHRED IT INTERNATIONAL ULC 407157 02 -Aug -2017 CONTRACT SERVICES 109.50 SHRED IT INTERNATIONAL ULC 407329 09 -Aug -2017 CONTRACT SERVICES 277.40 SHRED IT INTERNATIONAL ULC 407931 30 -Aug -2017 MATERIALS 119.92 SIGNATURE SIGNS 406945 26 -Jul -2017 MATERIALS 931.78 SIGNATURE SIGNS 407330 09 -Aug -2017 MATERIALS 449.74 SIGNATURE SIGNS 407734 23 -Aug -2017 MATERIALS 316.40 SIMMONDS,TERESA 407331 09 -Aug -2017 TRAVEL/MILEAGE 155.18 SIMPLISTIC LINES INC 406946 26 -Jul -2017 MATERIALS 2,942.66 SIMPLISTIC LINES INC 407158 02 -Aug -2017 MATERIALS 6,150.28 SIMPLISTIC LINES INC 407511 16 -Aug -2017 MATERIALS 19.87 SIMPLISTIC LINES INC 407735 23 -Aug -2017 MATERIALS 3,119.32 SIMPSON WIGLE LLP 406947 26 -Jul -2017 REFUND 414.28 SKRZESZEWSKI, STAN 407932 30 -Aug -2017 GRANT 360.00 SMITH,ROSSY 407159 02 -Aug -2017 MATERIALS 100.00 SNAP ON TOOLS OF CANADA LTD 406949 26 -Jul -2017 MATERIALS 3,836.35 SNAP ON TOOLS OF CANADA LTD 407332 09 -Aug -2017 MATERIALS 481.10 SNAPD NIAGARA FALLS 406948 26 -Jul -2017 ADVERTISING 339.00 SNAPD NIAGARA FALLS 407736 23 -Aug -2017 ADVERTISING 339.00 SNIDER,WENDY LYNN 407333 09 -Aug -2017 MATERIALS 200.00 SOCAN 407160 02 -Aug -2017 MEMBERSHIP 395.50 SPARTAN RESCUE INC. 407334 09 -Aug -2017 MATERIALS 1,216.84 SPEARE SEEDS 406951 26 -Jul -2017 MATERIALS 4,113.20 SPINKS,MARY 407933 30 -Aug -2017 TRAVEL/MILEAGE 11.88 ST CATHARINES TRANSIT COMMISSION 406954 26 -Jul -2017 MATERIALS 587.60 ST JOHN AMBULANCE 406955 26 -Jul -2017 GRANT 39,062.50 ST JOHN AMBULANCE 406956 26 -Jul -2017 GRANT 2,741.67 ST JOHN AMBULANCE 407974 31 -Aug -2017 GRANT 2,741.67 ST JOHN AMBULANCE 407975 31 -Aug -2017 GRANT 39,062.50 STAMFORD HOME HARDWARE 406952 26 -Jul -2017 STORES/INVENTORY 13.55 STAMFORD HOME HARDWARE 407161 02 -Aug -2017 MATERIALS 28.79 STAMFORD HOME HARDWARE 407335 09 -Aug -2017 MATERIALS 184.41 STAPLES ADVANTAGE 406953 26 -Jul -2017 STORES/INVENTORY 309.99 STAPLES ADVANTAGE 407162 02 -Aug -2017 MATERIALS 109.73 STAPLES ADVANTAGE 407336 09 -Aug -2017 MATERIALS 1,765.26 STAPLES ADVANTAGE 407512 16 -Aug -2017 STORES/INVENTORY 394.50 STAPLES ADVANTAGE 407737 23 -Aug -2017 MATERIALS 2,625.06 STAPLES ADVANTAGE 407934 30 -Aug -2017 STORES/INVENTORY 810.08 STERLING FRAZER ASSOCIATES 407513 16 -Aug -2017 CONTRACT SERVICES 508.50 STEVE LUDZIK FOUNDATION 407337 09 -Aug -2017 DONATION 2,000.00 STEVENSVILLE LAWN SERVICE INC 407935 30 -Aug -2017 CONTRACT SERVICES 56,452.29 STORAGE NIAGARA 407165 02 -Aug -2017 MATERIALS 644.10 STORAGE NIAGARA 407738 23 -Aug -2017 MATERIALS 644.10 STRACUZZI,TONY 407936 30 -Aug -2017 ADVERTISING 100.00 STREAMLINE UPHOLSTERY INC 407166 02 -Aug -2017 MATERIALS 248.60 STUDIO 55 407338 09 -Aug -2017 MATERIALS 1,423.80 SUN LIFE ASSURANCE COMPANY OF CANADA 00099-0007 08 -Aug -2017 PAYROLL REMITTANCE 418,690.79 SUN LIFE ASSURANCE COMPANY OF CANADA 00105-0006 05 -Sep -2017 PAYROLL REMITTANCE 435,807.08 SUNCOR ENERGY PRODUCTS PARTNERSHIP 406958 26 -Jul -2017 FUEL 86,037.68 SUNCOR ENERGY PRODUCTS PARTNERSHIP 407167 02 -Aug -2017 FUEL 42,870.14 SUNCOR ENERGY PRODUCTS PARTNERSHIP 407340 09 -Aug -2017 FUEL 43,281.44 Page 401 of 465 Page 402 of 465 Page 16 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount SUNCOR ENERGY PRODUCTS PARTNERSHIP 407515 16 -Aug -2017 FUEL 50,984.07 SUNCOR ENERGY PRODUCTS PARTNERSHIP 407937 30 -Aug -2017 FUEL 44,676.19 SUPERIOR LAUNDRY SERVICE LTD. 407342 09 -Aug -2017 CONTRACT SERVICES 24.30 SUPERIOR LAUNDRY SERVICE LTD. 407740 23 -Aug -2017 MATERIALS 77.98 SUPERIOR LAUNDRY SERVICE LTD. 407940 30 -Aug -2017 CONTRACT SERVICES 388.74 SUPERIOR PROPANE 407739 23 -Aug -2017 MATERIALS 150.20 SUPERIOR PROPANE 407939 30 -Aug -2017 CONTRACT SERVICES 88.13 SUPERIOR WHOLESALE FOODS 407341 09 -Aug -2017 MATERIALS 961.19 SUPERIOR WHOLESALE FOODS 407938 30 -Aug -2017 MATERIALS 145.80 SURJIT SEKHON 406942 26 -Jul -2017 REFUND 481.27 SYKES LANDSCAPING INC 407941 30 -Aug -2017 MATERIALS 1,011.35 TALK WIRELESS INC 406959 26 -Jul -2017 MATERIALS 14,822.78 TALK WIRELESS INC 407343 09 -Aug -2017 MATERIALS 3,003.49 TALK WIRELESS INC 407516 16 -Aug -2017 MATERIALS 181.25 TALK WIRELESS INC 407741 23 -Aug -2017 CONTRACT SERVICES 2,058.97 TALK WIRELESS INC 407942 30 -Aug -2017 CONTRACT SERVICES 615.29 TAXITAB 406960 26 -Jul -2017 CONTRACT SERVICES 6,006.01 TAXITAB 407742 23 -Aug -2017 CONTRACT SERVICES 7,060.45 TAYLOR,HOLLEY 407943 30 -Aug -2017 REFUND 199.33 TCHERVENELEKOV,SIMEON 407944 30 -Aug -2017 UTILITIES 155.52 TD CANADA TRUST 407945 30 -Aug -2017 REFUND 138.97 TEAM -1 ACADEMY INC 407517 16 -Aug -2017 TRAINING 7,441.05 TECHNICAL STANDARDS & SAFETY AUTHORITY 406961 26 -Jul -2017 CONTRACT SERVICES 257.08 TELUS COMMUNICATIONS COMPANY 407169 02 -Aug -2017 MATERIALS 994.40 TELUS COMMUNICATIONS COMPANY 407344 09 -Aug -2017 MATERIALS 5,574.32 TENAQUIP LIMITED 407345 09 -Aug -2017 MATERIALS 1,820.12 TERMA HOLDINGS INC 406999 26 -Jul -2017 REFUND 11,929.81 TERRAPROBE INC 406962 26 -Jul -2017 MATERIALS 1,017.01 THE BLUE STONES INC 407211 09 -Aug -2017 CONTRACT SERVICES 315.00 THISTLEWAITE YARDWORKS 407346 09 -Aug -2017 CONTRACT SERVICES 410.89 THOMAS,STACEY 407946 30 -Aug -2017 GRANT 350.00 THOMPSON,ROBYN NICOLE 406963 26 -Jul -2017 REFUND 93.36 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 406964 26 -Jul -2017 CONTRACT SERVICES 1,317.30 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 407369 10 -Aug -2017 CONTRACT SERVICES 161.34 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 407743 23 -Aug -2017 CONTRACT SERVICES 1,564.55 TIERCEL TECHNOLOGY CORPORATION 407128 02 -Aug -2017 MATERIALS 14,746.50 TIM HORTON'S STORE 1922 407518 16 -Aug -2017 MATERIALS 156.36 TIM HORTON'S STORE 1922 407947 30 -Aug -2017 MATERIALS 30.29 TOOLBOX 407170 02 -Aug -2017 MATERIALS 30.45 TOOLBOX 407519 16 -Aug -2017 STORES/INVENTORY 395.44 TOOLBOX 407948 30 -Aug -2017 MATERIALS 56.44 TOP NOTCH PROMOTIONAL PRODUCTS INC 407347 09 -Aug -2017 MATERIALS 619.10 TOROMONT CAT 407171 02 -Aug -2017 MATERIALS 9,758.37 TOROMONT CAT 407348 09 -Aug -2017 MATERIALS 972.39 TOROMONT CAT 407520 16 -Aug -2017 MATERIALS 934.40 TOROMONT CAT 407744 23 -Aug -2017 VEH ID#535 578.38 TOROMONT CAT 407949 30 -Aug -2017 MATERIALS 25.04 TRANSAFE TECHNOLOGY 406966 26 -Jul -2017 MATERIALS 1,791.21 TRANSAXLE PARTS (HAMILTON) INC. 406965 26 -Jul -2017 STORES/INVENTORY 1,565.33 TRANSAXLE PARTS (HAMILTON) INC. 407172 02 -Aug -2017 STORES/INVENTORY 350.83 TRANSAXLE PARTS (HAMILTON) INC. 407521 16 -Aug -2017 STORES/INVENTORY 38.91 TRANSAXLE PARTS (HAMILTON) INC. 407745 23 -Aug -2017 STORES/INVENTORY 241.30 TRANSAXLE PARTS (HAMILTON) INC. 407950 30 -Aug -2017 STORES/INVENTORY 696.31 TREMBLAY,KATELYNN 407951 30 -Aug -2017 REFUND 76.90 TRENCHLESS UTILITY EQUIPMENT INC 407952 30 -Aug -2017 MATERIALS 211.88 TRUGREEN 407173 02 -Aug -2017 MATERIALS 494.94 TRUGREEN 407349 09 -Aug -2017 CONTRACT SERVICES 331.09 TRUGREEN 407953 30 -Aug -2017 CONTRACT SERVICES 608.05 TULK,AMANDA 407954 30 -Aug -2017 GRANT 100.00 TURF CARE PRODUCTS CANADA LIMITED 406968 26 -Jul -2017 MATERIALS 388.72 TURF CARE PRODUCTS CANADA LIMITED 407522 16 -Aug -2017 MATERIALS 759.90 TURF CARE PRODUCTS CANADA LIMITED 407746 23 -Aug -2017 MATERIALS 145.09 TURNBULL,ADELE HOPE 406967 26 -Jul -2017 REFUND 16.55 TWARDAWSKY,NICK 407350 09 -Aug -2017 TRAVEL/MILEAGE 106.92 U TECH ENGINEERS INC 406972 26 -Jul -2017 MATERIALS 9,643.42 UCC INDUSTRIES INTERNATIONAL INC 407523 16 -Aug -2017 MATERIALS 17,499.18 ULINE CANADA CORPORATION 406969 26 -Jul -2017 MATERIALS 664.38 ULINE CANADA CORPORATION 407174 02 -Aug -2017 MATERIALS 402.17 ULINE CANADA CORPORATION 407524 16 -Aug -2017 MATERIALS 1,182.18 UNITED RENTALS 407525 16 -Aug -2017 MATERIALS 1,850.50 UNITED ROTARY BRUSH CORPORATION OF CANADA 407175 02 -Aug -2017 MATERIALS 901.74 UNITED WAY 407000 26 -Jul -2017 PAYROLL REMITTANCE 973.00 UNITED WAY 407766 23 -Aug -2017 PAYROLL REMITTANCE 995.00 UPPER CANADA CONSULTANTS 406970 26 -Jul -2017 CONTRACT SERVICES 24,602.63 Page 402 of 465 Page 403 of 465 Page 17 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount UPPER CANADA CONSULTANTS 407527 16 -Aug -2017 CONTRACT SERVICES 7,876.10 UPPER CANADA CONSULTANTS 407747 23 -Aug -2017 CONTRACT SERVICES 5,277.84 UPPER CANADA CONSULTANTS 407955 30 -Aug -2017 CONTRACT SERVICES 5,171.56 URBAN & ENVIRONMENTAL MANAGEMENT INC 406971 26 -Jul -2017 MATERIALS 5,873.47 URBAN & ENVIRONMENTAL MANAGEMENT INC 407748 23 -Aug -2017 CONTRACT SERVICES 14,160.60 URBAN & ENVIRONMENTAL MANAGEMENT INC 407956 30 -Aug -2017 CONTRACT SERVICES 42,770.59 US TEA INC 407749 23 -Aug -2017 REFUND 750.00 V GIBBONS CONTRACTING LTD 407751 23 -Aug -2017 CONTRACT SERVICES 7,322.40 VADIM COMPUTER MANAGEMENT GROUP LTD 407528 16 -Aug -2017 CONTRACT SERVICES 18,821.28 VALUE MUFFLER & BRAKE CENTRE 407529 16 -Aug -2017 MATERIALS 471.00 VAN HOUTTE COFFEE SERVICES INC 407750 23 -Aug -2017 MATERIALS 237.73 VARCOE,DANIEL HERBERT 407957 30 -Aug -2017 REFUND 90.55 VICTOR STANLEY 407530 16 -Aug -2017 MATERIALS 86,767.34 VICTORIA CENTRE BIA 406973 26 -Jul -2017 REMITTANCE 237,500.00 VIKING SECURITY 407176 02 -Aug -2017 MATERIALS 522.06 VILLELLA,MARIO 407752 23 -Aug -2017 MATERIALS 150.00 VITTIE,JANET 407531 16 -Aug -2017 MATERIALS 95.01 VOTH SALES AND SERVICE INC 407352 09 -Aug -2017 VEH ID# 140 3,606.58 VUJOVIC,JOSHUA 406974 26 -Jul -2017 REFUND 127.49 WACHS CANADA LTD 407532 16 -Aug -2017 MATERIALS 816.41 WAJAX EQUIPMENT #30 407177 02 -Aug -2017 STORES/INVENTORY 10,792.00 WAJAX EQUIPMENT #30 407353 09 -Aug -2017 STORES/INVENTORY 975.24 WALKER AGGREGATES INC 406975 26 -Jul -2017 MATERIALS 4,769.68 WALKER AGGREGATES INC 407355 09 -Aug -2017 MATERIALS 1,724.69 WALKER AGGREGATES INC 407533 16 -Aug -2017 MATERIALS 975.74 WALKER AGGREGATES INC 407754 23 -Aug -2017 MATERIALS 6,612.58 WALKER AGGREGATES INC 407958 30 -Aug -2017 MATERIALS 462.19 WALKER ENVIRONMENTAL GROUP INC. 407356 09 -Aug -2017 MATERIALS 162.04 WALKER ENVIRONMENTAL GROUP INC. 407534 16 -Aug -2017 MATERIALS 220.19 WALKER,HARRY& WALKER, SANDRA 407354 09 -Aug -2017 REFUND 171.31 WALTON,SHEILA MAY 407179 02 -Aug -2017 REFUND 455.57 WARRILOW,JACQUELYN 406977 26 -Jul -2017 REFUND 180.90 WARRINER,NATHAN 407959 30 -Aug -2017 MATERIALS 200.00 WASTE MANAGEMENT OF CANADA CORPORATION 406978 26 -Jul -2017 MATERIALS 228.31 WASTE MANAGEMENT OF CANADA CORPORATION 407755 23 -Aug -2017 CONTRACT SERVICES 227.12 WATERS,RON 407756 23 -Aug -2017 MATERIALS 150.00 WEEGAR,JOANNE 406979 26 -Jul -2017 REFUND 139.91 WEINMANN LIMITED 406980 26 -Jul -2017 CONTRACT SERVICES 14,973.68 WEINMANN LIMITED 407180 02 -Aug -2017 MATERIALS 2,350.85 WEINMANN LIMITED 407535 16 -Aug -2017 CONTRACT SERVICES 11,444.23 WERNER'S TREE SPADE 407960 30 -Aug -2017 CONTRACT SERVICES 706.25 WHEELER,SETH 407357 09 -Aug -2017 FUEL 130.00 WHITEHOTS INC. 406982 26 -Jul -2017 MATERIALS 5,827.51 WHITEHOTS INC. 407181 02 -Aug -2017 MATERIALS 2,855.47 WHITEHOTS INC. 407536 16 -Aug -2017 MATERIALS 5,804.39 WHITEHOTS INC. 407757 23 -Aug -2017 MATERIALS 3,967.29 WHITEHOTS INC. 407775 24 -Aug -2017 MATERIALS 874.11 WHITEHOTS INC. 407961 30 -Aug -2017 MATERIALS 293.20 WHITMAN,RON 406981 26 -Jul -2017 MATERIALS 200.00 WIENS,BRAD 407537 16 -Aug -2017 MATERIALS 175.00 WIGLEY,WILLIAM 407758 23 -Aug -2017 REFUND 750.00 WILKES,JOSHUA 407962 30 -Aug -2017 REFUND 31.35 WILLOUGHBY VOLUNTEER FIREFIGHTERS' ASSOCIATION 407759 23 -Aug -2017 LEASES AND RENTS 7,161.38 WINTEMUTE,RACHAEL 406983 26 -Jul -2017 REFUND 183.57 WINTER FESTIVAL OF LIGHTS 406984 26 -Jul -2017 GRANT 28,500.00 WINTER FESTIVAL OF LIGHTS 407976 31 -Aug -2017 GRANT 28,500.00 WOMEN'S PLACE OF SOUTH NIAGARA INC 406985 26 -Jul -2017 GRANT 1,612.50 WORKAUTHORITY 407358 09 -Aug -2017 MATERIALS 150.00 WORKAUTHORITY 407963 30 -Aug -2017 MATERIALS 300.00 WORK EQUIPMENT LTD 407359 09 -Aug -2017 MATERIALS 1,535.42 WORLDWIDE TURF INC 407760 23 -Aug -2017 CONTRACT SERVICES 330,958.20 WSIB 406986 26 -Jul -2017 REMITTANCE 5,119.30 WSIB 407182 02 -Aug -2017 REMITTANCE 4,946.85 WSIB 407183 02 -Aug -2017 PAYROLL REMITTANCE 778.89 WSIB 407360 09 -Aug -2017 REMITTANCE 21,202.96 WSIB 407538 16 -Aug -2017 REMITTANCE 1,433.14 WSIB 407964 30 -Aug -2017 REMITTANCE 3,551.41 WSIB 407965 30 -Aug -2017 PAYROLL REMITTANCE 742.27 WSP CANADA GROUP LIMITED 406987 26 -Jul -2017 MATERIALS 35,949.32 XPLORNET COMMUNICATIONS INC 406988 26 -Jul -2017 SERVICES 192.08 XPLORNET COMMUNICATIONS INC 407762 23 -Aug -2017 SERVICES 96.04 YELLOW PAGES GROUP 407361 09 -Aug -2017 ADVERTISING 530.49 YMCA OF NIAGARA 407184 02 -Aug -2017 CONTRACT SERVICES 1,157.16 YMCA OF NIAGARA 407539 16 -Aug -2017 MATERIALS 4,145.47 Page 403 of 465 Page 404 of 465 Page 18 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No. Cheque Date Purpose Amount YMCA OF NIAGARA 407763 23 -Aug -2017 MATERIALS 1,925.00 YMCA OF NIAGARA 407966 30 -Aug -2017 CONTRACT SERVICES 12,269.35 YOUNG,RO 406989 26 -Jul -2017 REFUND 750.00 YWCA NIAGARA REGION 406990 26 -Jul -2017 GRANT 4,277.75 YWCA NIAGARA REGION 407977 31 -Aug -2017 GRANT 4,277.75 ZABAL,CHRISTINE 406991 26 -Jul -2017 REFUND 144.74 ZAMBONI COMPANY LTD 407541 16 -Aug -2017 CONTRACT SERVICES 2,019.31 ZHOU,PERRY HONG 407967 30 -Aug -2017 REFUND 10.90 ZI EMKIEWICZ, DOROTHY 406992 26 -Jul -2017 REFUND 202.48 Total 40,572,841.31 Page 404 of 465 CITY OF NIAGARA FALLS By -taw No. 2017 — A by-law to authorize the execution of a Licence Renewal Agreement 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 Lot 56 and Part of Lots 9 and 10, Plan 194, for public parking and recreational purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: A Licence Renewal Agreement 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, formerly the Township of Stamford, in the Regional Municipality of Niagara, described as Part of Lot 56 and Part of Lots 9 and 10, Plan 194, comprising an area of approximately 2.87 acres, being 2.237 acres for the purpose of parking roadworthy vehicles only and approximately 0.633 acres for recreational purposes only as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Licence Renewal Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Renewal Agreement. Passed this twenty-sixth day of September, 2017. ....................................................................................................,.....,... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 405 of 465 HYDRO CORRIDOR Lieence Renewal February, 2017 LICENCE OF LAND RENEWAL AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor") - and - THE CORPORATION OF THE 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 Public Infrastructure Renewal (previously the Minister of Economic Development, Employment and Infrastructure) now the Minister of Infrastructure entered into a Licence Agreement with the Licensee, dated February 26"', 2008 (the "Licence Agreement"), regarding certain lands located in the City of Niagara Falls, formerly the Township of Stamford, in the Regional Municipality of Niagara, described as Part of Lot 56 and Part of Lots 9 and 10, Plan 194, comprising an area of approximately 2,87 acre(s), being 2.237 acres for the purpose of parking roadworthy vehicles only and approximately 0.633 acres for recreational purposes only; B. The Minister of Infrastructure is responsible for real property pursuant to the Minisby 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 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 I` day of January, 2018. ROM File 4: NIAGARA FALLS C 632.1-537 Page 406 of 465 2 4. The Licensee shall pay to the Licensor a Licence Fee in the sum of Nine Thousand Four Hundred dollars ($9,400.00), plus all applicable taxes, payable in advance on the first day of January each and every year during the renewed Term. 5. The Licensee shall pay to the Licensor an amount equal to seventy-five percent (75%) 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. F + + in section n be, for all inefeased purnvii+a payable &..f..e *w time - under by the hieensof and the Licensee f+effl time to time - 7. 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 I Dundas Street West. Suite 2000 Toronto, Ontario M5G 2L5 Attention: Patrick Grace - Director, Corridor Lands Telephone: (416) 327-2959 Telecopier: (416) 327-3942 8. The Licensee acknowledges that this Agreement and any related information, documents and/or Data (as defined in the Open Data Directive) may be released pursuant to the Freedom of Information and Protection of Primacy Act (Ontario) or the Open Data Directive issued under the Management Board of Cabinet Act (Ontario), as each may be amended or replaced from time to time. 9. 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. 10. Except as they may be amended by this Licence Renewal Agreement, all of the terms and conditions of the Licence Agreement shall apply to the renewed Term and shall be binding upon and enure to the benefit of the Licensor and the Licensee. I-IONI File #: NIAGARA FALLS C632.1-537 Page 407 of 465 3 IN WITNESS WHEREOF the parties Hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 20. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title - Per: Name: Title: IAVe 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 632.1-537 Page 408 of 465 LVA q File - Parking Licence 632.1-537 Niagara Falls Kerr Park Area of Licence Maintenance Area Vehicle Parking I_) Page 409 of 465 CITY OF NIAGARA FALLS By-law No. 2017 — A by-law to authorize the execution of an Agreement with Motorola Solutions Canada Incorporated. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement dated September 26, 2017, and made between Motorola Solutions Canada Incorporated, and The Corporation of the City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty-sixth day of September, 2017. ................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 410 of 465 Communications System Agreement Motorola Solutions Canada Inc. ("Motorola") and The City of Niagara Falls ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order. Exhibit A Motorola "Software License Agreement" Exhibit B "Payment Schedule" Exhibit C "Implementation Documents" Exhibit D Post Implementation Support Statement(s) of Work Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan 2.2. "Administrative User Credentials" means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer's personnel with access to the Administrative User Credentials may be referred to as the Administrative User. 2.3. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2,A, "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine -recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that; is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. 2.5. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.6. "Effective Date" means that date upon which the last Party executes this Agreement. Motorola Contract No Confidential Page 411 of 465 2.7. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Pricing Summary. 2.8. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labour disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.9. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a Canadian patent or copyright. 2.10. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.11. "Non -Motorola Software" means Software that another party owns. 2.12. "Open Source Software" (also called "freeware' or "shareware") means software with either freely obtainable source code, license for modification, or permission for free distribution. 2.13. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.14. "Software" means the Motorola Software and Non -Motorola Software, in object code format that is furnished with the System or Equipment. 2.15. "Specifications" means the functionality and performance requirements that are described in the Implementation Documents. 2.16. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Implementation Documents. 2.17. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Implementation Documents. 2.18. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.19. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install, test and support the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities In accordance with this Agreement. 2 Motorola Contract No. Confidential Page 412 of 465 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the expiration of the provision of support services described in Exhibit D. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. During the term of this Agreement, Customer may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing and warranty duration) will govern the purchase and sale of the additional Equipment or Software. Warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer invoices as additional Equipment is delivered or Software is licensed. 3.5. SUPPORT SERVICES. During and following the Warranty Period, in addition to warranty services described below, Motorola will provide support for the Equipment and Software pursuant to the Statement of Work set forth in Exhibit D. These support services are included in the Contract Price. As part of after sales services, a third party company has been or will be contracted to service the equipment. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7, NON -MOTOROLA SOFTWARE. Any Non -Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non -Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective implementation responsibilities in accordance with the Performance Schedule set out in the Implementation Statement of Work. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in Canadian dollars is $ If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the 3 Motorola Contract No. Confidential Page 413 of 465 services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, cheque, or cashier's check from a Canadian. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. 5.3. TITLE AND RISK OF LOSS, Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices. 5.4. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: The address which is the ultimate destination where the Equipment will be delivered to Customer is: The Equipment will be shipped to the Customer at the following address (insert if this information is known): Customer may change this information by giving written notice to Motorola Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the work sites or vehicles identified in the Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable statutory requirements and industry standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non - conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. 4 Motorola Contract No. Confidential Page 414 of 465 1 6.3. SITE ISSUES. If a Party determines that the sites identified in the Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola Incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only In accordance with the Acceptance Test Plan. 8,2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance "tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance, Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 5 Motorola Contract No. Confidential Page 415 of 465 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. MOTOROLA SOFTWARE WARRANTY. During the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable statutory and industry occupational health and safety requirements; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labour rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6, ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 6 Motorola Contract No. Confidential Page 416 of 465 9.7, DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re -mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 11 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute"). 11.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario. 11.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 11.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that Canadian Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 11.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent 7 Motorola Contract No. Confidential Page 417 of 465 jurisdiction in the Province of Ontario. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts of the Province of Ontario over any claim or matter arising under or in connection with this Agreement. 11.5. CONFIDENTIALITY. All communications pursuant to subsections 11.2 and 11.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non - defaulting Party any of its Confidential Information. If Customer is the non -defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and services performed. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defence or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 13.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all [lability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties Motorola Contract No, Confidential Page 418 of 465 under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defence or settlement of the claim or suit. This section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement. 13.3. PATENT AND COPYRIGHT INFRINGEMENT. 13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third -party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a Canadian patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon; Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defence of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defence of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 13.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non -infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 13.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 13.3.4. This Section 13 provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Except for bodily injury or death, Motorola Solutions' total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct 9 Motorola Contract No. Confidential Page 419 of 465 damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA SOLUTIONS WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA SOLUTIONS PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement. No action or proceeding shall be commenced for any breach of this agreement more than two (2) years after the day the claim is discovered or fifteen (15) years after the day the act or omission on which the claim is based took place, whichever is earlier, unless a different limitation period is provided by applicable law. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other with Confidential Information. Each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know' and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. 15.2, PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non -Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola Solutions is required to pay any of these taxes, Motorola Solutions will send an invoice to Customer and Customer will pay to Motorola Solutions the amount of the taxes (including any interest and penalties) 10 Motorola Contract No. Confidential Page 420 of 465 within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola Solutions will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder with the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 15.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. ENTIRE AGREEMENT, This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature shall be treated as and shall have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even If a representative of each Party signs that document. 16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Solutions Canada Inc. Attn: Legal Motorola Contract No Customer Attn: Confidential I1 Page 421 of 465 8133 Warden Avenue Markham, Ontario I 1 B3 Fax (905) 948-5270 fax: 16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, provincial, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Industry Canada ("IC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola Solutions might assist Customer in the preparation of its IC license applications, neither Motorola Solutions nor any of its employees is an agent or representative of Customer in IC or other matters. Customer will not in any form export, ship, or divert, through direct or indirect means, any items, technical data, Equipment or Software sold or otherwise furnished under this Agreement, outside of the country of original destination. Violation of this provision shall be a material breach of this Agreement, permitting immediate termination by Motorola Solutions. 16.10, AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant Administrative User Credentials to those personnel with the training or experience to correctly use the access. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made by an Administrative User may impact Motorola's ability to perform its obligations under the Agreement or its Maintenance and Support Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue. 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Solutions Software); Section 3.7 (Non -Motorola Solutions Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. 16.13 LANGUAGE OF AGREEMENT. The Parties acknowledge having expressly required that this Agreement and all documents relating there to be drawn in English. Les parties reconnaissent avoir express6ment exige que ce Contrat et tous les documents s'y rapportant soient rediges en anglais. Motorola Contract No. Confidential 12 Page 422 of 465 i The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions Canada Inc. Customer By: By: Name: Name: Title: Title: Date: Date: 13 Motorola Contract No. Confidential Page 423 of 465 Exhibit A SOFTWARE LICENSE AGREEMENT This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions Canada Inc. ("Motorola"), and ("Licensee"). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement" means the agreement to which this exhibit is attached. 1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the Software and Documentation. 14 Motorola Contract No. Confidential Page 424 of 465 Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non -transferable (except as permitted in Section 7) and non- exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back- up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) Install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device 15 Motorola Contract No. Confidential I Page 425 of 465 if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4. When using Motorola's Customer Programming Software ("CPS"), Licensee must purchase a separate license for each location at which Licensee uses CPS. Licensee's use of CPS at a licensed location does not entitle Licensee to use or access CPS remotely. Licensee may make one copy of CPS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use CPS upon Motorola's request. Section 6 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error -free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty Is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally -equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement Motorola Contract No Confidential 16 Page 426 of 465 6.4, The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non -infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8A Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, In which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola, 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's Breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non -embedded Software and associated Documentation). Section 9 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 10 LIMITATION OF LIABILITY 17 Motorola Contract No. Confidential I i Page 427 of 465 The Limitation of Liability provision is described in the Primary Agreement. Section 11 NOTICES Notices are described in the Primary Agreement. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 12.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Canada. Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States and Canada. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States and/or Canada , in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States and/or Canadian Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violatlon of this provision is a material breach of this Agreement. 12.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 12.4. GOVERNING LAW. This Agreement is governed by the laws of Canada to the extent that they apply and otherwise by the internal substantive laws of the Province of Ontario. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. 12.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 12.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 12 survive the termination of this Agreement. 12.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 12.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. 18 Motorola Contract No. Confidential Page 428 of 465 Motorola Contract No. Confidential 19 Page 429 of 465 EXHIBIT ■ DAV I ril MENT SCHEDULE Page 430 of 465 EXHIB PAYMENTSCHEDULE Notes: • Applicable taxes are not included. • Motorola System Implementation Services scope includes all turn -key implementation tasks. • Services for new equipment will be provided in accordance with the existing Motorola Support Agreement. • See table below for Annual Pricing for Warranty Services Page 431 of 465 mom= R S1TE ADD-ON LICENSES' Niagara Falls Fire portion 7NIAGARA 7LO't $6,000 FALLS FIRE DISPATCH (STATION 1) $116,670 MISCELLANEOUS SITE EQUIPMENT Lot $7,504 (BACKHAUL SWITCHES, RACKS, POWER BARS, ETC.) RADIO INFRASTRUCTURE TOTAL $130,174 ADDITIONAL DISCOUNT (see note below) -$75,000 MOBILE & PORTABLE RADIO EQUIPMENT Lot $934,652 *See Section 5.1 for detail EQUIPMENT SUB -TOTAL: $ 989,826' SYSTEM INTEGRATION SERVICES — NIAGARA FALLS Lot $85,209 WARRANTY / MAINTENANCE, 2 YEARS (See detailed year -by- Lot $24,436 year breakdown below) LIFECYCLE SERVICES N+5 & N+10 Lot $34,953 SI, WARRANTY/MAINTENANCE SUB -TOTAL: $144,598 SYSTEM TOTAL: $1,134,424 Optional Training: 1 $3,688 CON012 - MCC 7000 Series Dispatch Consoles Workshop person (Duration 4.5 days) Travel to MSI Training Facility is not included ** Refer to Appendix B for Training Course overview Notes: • Applicable taxes are not included. • Motorola System Implementation Services scope includes all turn -key implementation tasks. • Services for new equipment will be provided in accordance with the existing Motorola Support Agreement. • See table below for Annual Pricing for Warranty Services Page 431 of 465 Payment Terms: • Invoices are due net 30 days from invoice date. • Subscriber and infrastructure equipment will be invoiced as they are delivered. • System Integration services will be invoiced as completed • Warranty/Maintenance and Software Support Service payments will be invoiced at the start of the warranty period. Applicable taxes are not included. • 13 Year Post Warranty Services will be invoiced yearly in advance at the start of the service period. • A $75,000 discount will be applied to the system total if the total order is received by Sept 26th, 2017 and delivery made before Dec 31st, 2017. Pricing has been provided below for portable and mobile radio equipment (based on expected user requirements), The final quantities for radios and accessories have been confirmed and pricing includes the standard 20% discount per the Niagara Region contract. If an order is received by Sept 26th, 2017 and delivery made before Dec 31st, 2017 an additional 5% discount will be applied to the subscriber gear. Page 432 of 465 24 OA02756 ADD: 3600 OR 9600 TRUNKING BAUD SINGLE SYSTEM $1,962.5 0 $47,100.00 20% $1,570.00 $37,680.00 24 GA00580 ADD: TDMA OPERATION $562.50 $13,500.00 20% $450,00 $10,800.00 24 G442 ADD: 05 CONTROL HEAD $540.00 $12,960.00 20% $432,00 $10,368.00 24 G444 ADD: APX CONTROL HEAD SOFTWARE $0.00 $0.00 20% $0.00 $0.00 24 G66 ADD: DASH MOUNT $156.25 $3,750.00 20% $125.00 $3,000.00 24 W22 ADD: STD PALM MICROPHONE APX $90.00 $2,160.00 20% $72.00 $1,728.00 24 W432 ADD: AUXILARY SPKR 13W 3,2OHM $89.38 $2,145.00 20% $71.50 $1,716.00 24 G335 ADD: ANT 114 WAVE 762-870MHZ $17.50 $420.00 20% $14.00 $336,00 24 GA00235 ADD: NO CPS ANTENNA NEEDED $0.00 $0.00 20% $0.00 $0.00 0 GA00314 ENH; CANADA 3 YR SfS LITE $210.00 $0.00 20% $168.00 $0.00 'AEX11800140O E � 5TATIQN ALERTING 13 M36URS9 PW1 N APX16007/800 $1,955.0 0 $25,415.00 20% $1,564.00 $20,332.00 13 GA01339 ENH: SW P25 TRUNKING $1,337.5 0 $17,387.50 20% $1,070.00 $13,910.00 13 GA00580 ADD: TDMA OPERATION $562.50 $7,312.50 20% $450.00 $5,850.00 13 GA00804 ADD; APX 02 CONTROL HEAD(Grey) $615.00 $7,995.00 20% $492.00 $6,396.00 13 0444 ADD: APX CONTROL HEAD SOFTWARE $0.00 $0.00 20% $0.00 $0.00 13 G66 ADD: DASH MOUNT $156.25 $2,031.25 20% $125.00 $1,625.00 13 W22 ADD: STD PALM MICROPHONE APX $90.00 $1,170.00 20% $72.00 $936.00 13 G142 ADD: NO SPEAKER NEEDED $0.00 $0.00 20% $0.00 $0.00 0 G335 ADD: ANT 1/4 WAVE 762-870MHZ $17.50 $0,00 20% $14.00 $0.00 0 GA00235 ADD: NO GPS ANTENNA NEEDED $0.00 $0.00 20% $0.00 $0.00 3 G91 ADD: CONTROL STATION POWER SUPPLY $336.25 $1,008.75 20% $269.00 $807.00 13 W665 ADD: CONTROL STATION OPERATION $87.50 $1,137.50 20% $70.00 $910.00 0 GA00314 ENH: CANADA 3 YR SK9 LITE $210.00 $0.00 20% $168.00 $0.00 I+,PXIMOBILE i4CCE;38OFt1ES 0 HPN4007 CONTROL STATION POWER SUPPLY $370.00 $0.00 20% $296.00 $0.00 0 HLN6042 MOBILE DESK TRAY $95.25 $0.00 20% $77.00 $0.00 0 HKN6158 AUDIO.CABLE ADAPTER $61.25 $0.00 20% $49.00 $0.00 0 HKN6159 ADAPTER CABLE DATA $61.25 $0.00 20% $49.00 $0.00 0 HKN6188 CONTROL HEAD! IGNITION SENSE POWER CABLE $25.94 $0.00 20% $20.75 $0.00 D�/It5 7 TT1269 BOO MHZ DVR SIDE-BY-SIDE IN-BAND APPLICATION C $14,235. 00 $99,645.00 20/ $11,388.0 0 $79,716.00 7 T r05715A A DVRNRX FOR USE WITH SINGLE BAND APX MOBILE $0.00 $0.00 20% $0.00 $0.00 7 HAF4016 ANTENNA 762-870 MHZ 114 WAVE $28.75 $201.25 20% $23.00 $161.00 APXfi000'PORi'ABLE, MQDEL 1:5 ' 110 H98UCD9 PW5BN APX6000 7/800 MHZ MODEL 1.5 PORTABLE $3,381.2 5 $371,937.50 20% $2,705.00 $297,550.40 110 Q806 ADD: ASTRO DIGITAL CAI OPERATION $643.75 $70,812.50 20% $515.00 $56,650.00 110 H38 ADD: SMARTZONE OPERATION $1,500.0 0 $165,000.00 20% $1,200.00 $132,000.00 110 Q361 ADD: P25 9600 BAUD TRUNKING $375.00 $41,250.00 20% $300.00 $33,000.00 110 QA00580 ADD: TDMA OPERATION $562.50 $61,875.00 20% $450.00 $49,500.00 110 QA01771 ENHANCEMENTLEVEL2 $250.00 $27,500.00 20% $200.00 $22,000.00 110 QA00631 ADD: DVRS PSU ACTIVATION $125.00 $13,750.00 20% $100.00 $11,000.00 0 OA01427 ALT: IMPACT GREEN HOUSING $31.25 $0.00 20% $25.00 $0.00 110 QA05575 ALT: LHON IMPRES 2 4500 MAH UUCSA NNTN8921A $206.25 $22,687.50 20% $165.00 $18,150.00 0 HA00048 ENH: CANADA 3 YR SfS LITE ENCR $210.00 $0.00 20% $168.00 $0.00 78 NNTN892 1 BATT IMPRES 2 LI ION TIA4950 R IP68 4500T $221.25 $17,257.50 20% $177.00 $13,806.00 ApJC6000 P.ORTABLE;AGCESSORIES = 0 NNTN886 3A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 100- 240VAC, US/NA PLUG $212.50 $0.00 20% $170.00 $0.00 0 NNTN884 4A CHARGER, MULTI-UNIT, IMPRES 2, 6-DISP, NA/LA- PLUG, ACC USB CHGR $1,562.5 0 $0.00 24% =0.00 Page 433 of 465 0 PMMN410 6BBLK XE600 REMOTE SPEAKER MICROPHONE, BLACK $687.50 $0.00 20% $550.00 $0.00 110 HMN4104 B IMPRES RSM DSPLY W JACK, W CHNL $516.25 $56,787.50 20% $413.00 $45,430.00 0 NMN6271 A IMPRES XP RSM FOR APX W/ DUAL MIC NOISE SUPPRESSION $406.25 $0.00 20% $325.00 $0.00 0 NMN6274 A IMPRES XP RSM FOR APX W/ DUAL MIC NOISE SUPPRESSION, 3.5MM THRDJACK $461.25 $0.00 20% $369.00 $0.00 12 NNTN768 6A APX CHARGER INSERT ADAPTER FOR XTS MULTI- UNIT CHARGER $258.75 $3,105.00 20% $207.00 $2,484.00 18 NNTN768 7A APX CHARGER INSERT ADAPTER FOR XTS SINGLE -UNIT CHARGER $56.25 $1,012.50 20% $45.00 $810.00 76 NNTN762 4C APX6000 VEHICULAR CHARGER $536.25 $40,755.00 20% $429.00 $32,604.00 1 RVN5224 AD PURCHASED SOFTWARE,CPS APX POR/MOB R14.01.00 $498.75 $498.75 20% $399.00 $399.00 1 HKN6184 C CABLE CH, PROGRAMMING,USB $65.00 $65.00 20% $52.00 $52.00 1 PMKN401 3C PROGRAMMING, TEST & ALIGNMENT CABLE $117.50 $117.50 20% $94.00 $94.00 1 DDN1576 DVR PROGRAMMING SOFTWARE FOR APX DVRS $481.25 $481.25 20% $385.00 $385.00 1 DDN9025 DVR PROGRAMMING CABLE $45.00 $45.00 20% $36.00 $36.00 TOTAL: ..... $1,246;202.54 $996,962.00: ADDITIONAL 5%a DISCOUNT OFF LIST..$62,31013 '7 SELL TOTAL "$934;651.88 Page 434 of 465 ��XHIBIT C IMPLEMENTATION DOCUMENTS Page 435 of 465 SYSTEM DESCRIPTION 1.1 ASTRO 25 SYSTEM EXPANSION FOR NIAGARA FALLS FIRE DEPARTMENT This document provides firm pricing information for MCC 7500 Dispatch Consoles with associated dispatch site equipment and System Integration Services, for the Niagara Falls Fire Department to join the Regional P25 Trunking System (Motorola ASTRO 25 Network). Note: Unit pricing has been included for several configurations of 700/800MHz trunked radio user equipment (Mobiles, Portables and Accessories, and DVRSs). The final quantities, models and options are to be determined for Niagara Falls Fire users. The MCC 7500 Dispatch Console is deployed at a console site within the ASTRO 25 Radio Network Infrastructure (RNI). This proposal also includes the network equipment (GGM 8000 Site Gateways, EP2620-24 LAN Switches and Extreme Backhaul Switches) required to connect remote MCC 7500 console sites to the RNI. Refer to the System Block Diagram in Appendix A for additional detail. The console workstations will be installed with ASTRO 25 Release 7.14 software to match the current system release for Niagara Region's ASTRO 25 Radio System. Niagara Falls Fire department will be responsible for providing power and space at the dispatch site location. Motorola's proposed solution for Niagara Falls Fire will consist of the following key elements: i. MCC 7500 Dispatch Site at Niagara Falls Fire Station I. ii. Integration of above MCC 7500 dispatch sites and VHF Conventional channels into the NRPS ASTRO 25 Radio Network. iii. Network connectivity into the NRPS backhaul system, via Region -provided fiber facilities and/or PTP links. The following subsections provide a brief description of the system components and features included in this solution. Motorola will supply the necessary ASTRO 25 Radio Network Infrastructure (RNI) equipment to incorporate the new Niagara balls Fire dispatch site and radio users, into the NRPS ASTRO 25 radio system. In addition, existing VHF conventional channels and operations will be integrated into the new MCC 7500 dispatch consoles to allow for interoperability, during and after user migration. In order to support the proposed system expansion, the following licenses are included: ASTRO 25 — Core Network Capacity Licenses: • One (1) - ASTRO 25 Master Site Configuration Upgrade • One (1) - NM/ZC License Key 7.14 • One (1) - UCS License Key 7.14 • One (1) - 500 Radio User Licenses Page 436 of 465 • Two (2) - MCC7500 Dispatch Console License (5 -Pack) • Two (2) —UNC Additional Device License (10 -Pack) The following network infrastructure will be installed to provide backhaul network connectivity for voice and data traffic in support of the main ASTRO 25 network requirements: ASTRO 25 — Ethernet Site Links: • Two (2) - Ethernet Site Links with Physical and Logical Redundancy for remote dispatch site • Two (2) - Extreme Summit X440 backhaul switches for rernote dispatch site for interface to Region -provided fiber and/or PTP link facilities Logical redundant site links are proposed from each dispatch/ remote site to the geographically redundant Master Sites. The Ethernct Site Links redundancy feature adds a second GGM 8000 Site Gateway (router) at the dispatch/ remote sites and dual links to the Master Sites. 11 RUI-11 The Dispatch Site equipment will consist of the following: Niagara Falls Fire Station 1 (MCC 7500 console site): • Two (2) - MCC7500 console operator positions • Each MCC7500 dispatch position to be equipped with: — Voice Processor Module (VPM) — Trunking Operation License -- Secure Operation with AES Encryption — HP Z440 Workstation with keyboard/mouse accessories (Monitors not included) — Two (2) desktop speakers — One (1) gooseneck microphone — Two (2) headset jacks (Headsets not included) — One (1) footswitcb — Software -based Instant Recall Recorder — McAfee antivirus client • SDM3000 RTU for dispatch site Auxiliary I/Os • Control Room CEN Firewall for CADI and Customer Networks Interface • One (1) High Density Enhanced Conventional Channel Gateways (E-CCGW) • Network Equipment: — Two (2) GGM 8000 Site Gateways Page 437 of 465 1.4.1 — Two (2) %IP 2520-24 Ethernet LAN Switches Two (2) Extreme Summit X440 -24T Backhaul Switches • Miscellaneous Site Hardware: 7 ft. Open Rack Power Bars Motorola's MCC 7500 Dispatch Console is an IP -based dispatch console. All licenses necessary for operation in the Regional ASTRO 25 Radio Network have been included as part of the proposed system expansion. The MCC 7500 console requires two Ethernet connections with taxed IP addresses in the dispatch site network, and will connect into the site LAN Switches. The MCC 7500 Dispatch Console will provide Niagara Falls Fire dispatchers with a scalable and flexible system architecture, sophisticated network management and security, and an easy migration path to future capabilities. o e a o Cq� ORi Chi � G c } 1 Figure 0-1: MCC 7500 Dispatch Console, including desktop PC, headset, speakers, display, keyboard, mouse, microphone, and voice processor module. Console Connectivity The proposed MCC 7500 Dispatch Console sites will connect into the Niagara Region ASTRO 25 Primary and Backup Master (Core) Sites. Ethernet IP site links are required for network connectivity and it has been assumed Region -provided fiber optic facilities and PTP microwave links will be used. The network transport specifications will be provided by Motorola and reviewed with the Region (and/or the fiber service provider) during Detailed Design Review (DDR). Motorola tests the performance of all Ethernet Site links to confirm the required specifications are met. A conceptual diagram of the required console connectivity is depicted in Figure 1-2 below. Ethernet Ethernet Console Site Link to LAN Switch Console Site Router Master Site ►WAN} Figure 0-2: System connectivity for proposed solution. Page 438 of 465 i E �1114E MCC�i�iliil �ti1s�,Tfr14 CONSORE Eoolsmrch.........................._...,, Local logging Recorder ------ --) Compoler Display InsrrnlRecagRecorder � Desktop External Paging Encode; j Microphono External leleph"e,S"rem j Nea4set Desktop Speakers Jacks Per -nal C "puler i( SENN 6ill i vplA 1.4.2 MCC7500 Console Components Figure 0-3: MCC 7500 Dispatch Console Components MCC7500 Personal Computer The personal computer included with the console position runs Microsoft Windows 7, and is certified by Motorola to ensure that the dispatch software, voice cards, and secure cards are properly installed and configured. Voice Processor Module (VPM) The secure VPM provides vocoding and audio processing for the dispatch console, and also serves as the hub for the console's speakers, microphone, footswitch, headset jacks, and recorders. Computer Display A 22" Computer Display has been included with the MCC 7500 dispatch console. Headset Jack The dispatch console supports two headset jacks, both push -to -talk (PTT) and non -PTT -enabled for simultaneous use by the dispatch operator and a supervisor. The headset jack contains two volume controls for the separate adjustment of received radio and telephone audio. Headset (Not included) The standard headset consists of two elements. The headset base includes an audio amplifier, a push - to -talk switch, and a long cord that connects with the dispatch console. The headset top consists of the earpiece and microphone, as well as a short cable that connects to the headset base. Gooseneck Microphone The microphone controls the dispatch console's general transmit and monitor features through two buttons on its base. The microphone can be fastened down or left loose. It can be used alone or in conjunction with a headset. Page 439 of 465 Footswitch Each dispatch console includes a dual pedal footswitch that can be configured to control general transmit and monitor functions. Telephone -Headset Port The telephone/headset port allows the connection of an external telephone to the dispatch console, allowing the operator to use a single headset to communicate on both the radio system and a telephone system. The functionality provided through the MCC 7500 console VPM is very similar and compatible to the Centracom Gold Elite console. The port provides the following inputs and outputs. • A balanced 600 Ohm analog audio output containing the headset's microphone audio • A balanced 600 Ohm analog audio input for the external telephone's received audio • An input buffer for the Off Hook signal From the external telephone • An input buffer for an Auxiliary Jack Sense signal from the external telephone Digital telephone sets can be interlaced to the MCC7500 console VPM. The telephone system must provide 4 -wire audio and an "Off -hook" indication to the VPM. For digital phone systems, an external "device" is usually required for the "Off -hook" indication to the VPM. Desktop Speakers Two audio speakers have been included with each console position and can be configured to transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self-contained unit, with individual volume controls and can be placed on a desktop, or mounted on a rack or computer display. Instant Recall Recorder (NRR) Port The IRR port enables the connection of a short-term audio recorder, which allows the recording and playback of recent audio received by the console. Long Term Logging Recorder Port The Long Term Logging Port allows an external logging recorder to be connected to a dispatch position. The port provides an RJ45 connector with a 600 Ohm balanced analog output. The audio which appears on this output is configurable, but typically is the radio audio that was transmitted and/or received at that dispatch position. 1.5 VHF CONVENTIONAL CHANNEL INTERFACES Motorola has included GGM 5000 Conventional Channel Gateways for integration and connection of existing VHF Conventional Channels into the Niagara Region ASTRO 25 system. ASTRO 25 VHF Conventional Site Interfaces: Niagara Falls Fire Station 1: • One (1) — High Density Enhanced CCGW With the existing VHF Conventional channels connected into the Niagara Region ASTRO 25 system, Niagara Falls Fire dispatchers will have the ability to access both Niagara Regional Police and Fire Page 440 of 465 700MHz Talkgroups and existing Fre VHF Conventional RF channels, for seamless connectivity between trunking talkgroups and conventional radio users. The Conventional Channel Gateway (CCGW) allows for the integration of analog conventional radio channels into the ASTRO 25 system, including VHF conventional, mutual aid and Fire paging channels. The CCGW supports four 4 wire TRC or E & M interfaces for analog audio, and also acts as an IP -to -Analog interface to VHF Paging Receivers. The CCGW is used by the MCC 7500 Dispatch Console to connect the dispatchers to analog conventional channels and VHF Paging channels. Once these channels are connected to the network, dispatchers are able to monitor and transmit on the channel, as well as patch the channels to trunked talkgroups, or perform VHF Paging functions remotely. On GGM 8000 gateways with an Analog/V.24 Interface Kit, the CCGW interfaces up to 10 digital channels utilizing 1P links and any combination of up to 4 of the following connection types: digital and/or ACM4 channels utilizing V.24 links, analog channels, or MDC 1200 channels. The Enhanced Conventional Gateway module can support up to 16 IP -based digital conventional channels before adding module options. The Low Density Enhanced Conventional Gateway option supports an additional four V.24 interfaces and four analog channel interfaces. The High Density Enhanced Conventional Gateway (included in this proposal) provides an additional four analog and four V.24 interfaces for a total of eight each. Figure I - 4: Motorola ASTRO 25 CCGW - GGM8000 with CCGW configuration and Optional High -Density Conventional interface Modules Motorola has made the following design decisions and assumptions in preparing this quote: • Site preparation and/or facilities improvements are not included. Any site/equipment location upgrades or modifications will be the responsibility of the Region of Niagara/ Niagara Falls Fire Department. • Power and/or HVAC systems are not included. Surge protectors, power distribution components, or UPS devices have not been included. It is assumed there are appropriate power sources available to provide power to the proposed equipment. Region of Niagara/ Niagara Falls Fire Department will provide environmentally controlled equipment areas. • All equipment is powered from 120 VAC. • Zone Core Licenses are included to support the addition of up to 10 x MCC 7500 consoles and up to 500 Radio Users. • Spares have not been included. Page 441 of 465 • Network connections for remote sites have assumed dedicated fiber and/or PTP links from the remote / console sites to the ASTRO 25 Radio Network (Primary and DSR master sites) will be provided by the Region of Niagara. To achieve diversity, it is recommended that two separate links be used to each Master Site. Motorola will provide the required Ethernet transport specifications, and bandwidth requirements for the new remote/ dispatch sites during detailed design review (DDR). 700/800MHz trunked mobile control stations for backup dispatcher radios or off -air voice logging, are not included in the scope of this proposal. Motorola can provide pricing for radio user equipment after quantities, models and options have been finalized for the Niagara Falls Fire Department. IP Voice Logging and Archiving components are not included in the scope of this proposal as further discussion is needed with NRPS and Niagara Falls Fire Department to understand how their voice logging & archiving environments can be integrated into an overall solution. It is assumed the IP Radio Logger at NRPS has adequate capacity to support the addition of the Fire radio users (simultaneous call capacity is limited by the number of available radio talk paths in the system). Page 442 of 465 This page intentionally left blank. Page 443 of 465 Page 444 of 465 NRPS MASTER SITE ADD-ONS ASTRO 25 System Release 7.14 (Cost of [icenses shared with St. Catharines Fire — see pricing page) 1 SQM01SUM0239 MASTER SITE CONFIG UPGRADE 1 CA00996AL ADD: NM/ZC LICENSE KEY 7.14 1 CA00997AL ADD: UCS LICENSE KEY 7.14 1 CA01208AA ENH: 500 RADIO USER LICENSES 2 CA02105AA MCC75001MCC7100 CONSOLE LICENSE (5 -PACK) 2 CA01316AA ADD: UNC ADDTL DEVICE LIC (QTY 10) NIAGARA FALLS FIRE .DISPATCH SITE (STATION 1) NETWORK EQUIPMENT 2 SQM01SUM0205 GGM 8000 GATEWAY 2 CA01616AA ADD: AC POWER 2 CLN1856 2620-24 ETHERNET SWITCH 1 T8126 FORTINET FIREWALL APPLIANCE ENHANCED CCGW 1 SQM01SUM0205 GGM 8000 GATEWAY 1 CA01616AA ADD: AC POWER 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY MCC7600 CONSOLES (2) 2 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) 0 DSTG221 TECH GLOBAL EVOLUTION SERIES 221NCH NON TOUCH 2 T7885 MCAFEE WINDOWS AV CLIENT 2 T7449 WINDOWS SUPPLEMENTAL TRANS CONF€G 4 B1912 MCC SERIES DESKTOP SPEAKER 4 81913 MCC SERIES HEADSET JACK Page 444 of 465 2 B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE 2 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH FOR USE WITH MOTOROLA MCC 7500 DISP 2 B1905 MCC 7500 ASTRO 25 SOFTWARE 2 B1933 MOTOROLA VOICE PROCESSOR MODULE 2 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE 2 CA01643AA ADD: MCC 75001 MCC 7100 TRUNKING OPERATION 2 CA01644AA ADD: MCC 7500 /MCC 7100 ADV CONVL OPERATION 2 CA00147AF ADD: MCC 7500 SECURE OPERATION 2 CA00182AB ADD: AES ALGORITHM 2 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN 0 RLN6098 HDST MODULE BASE W/PTT, 15' CBL 0 RMN5078B SUPRAPLUS NC SINGLE MUFF HEADSET 2 DDN2090 DUAL IRR SW USB HASP W LICENSE, SOUND CARD, & SPKRS (V47) AUX I!0 SERVER 1 F4543 SITE MANAGER BASIC 1 VA00874 ADD: AUX I -O SERV FW CURR ASTRO REL 1 V266 ADD: 90VAC TO 260VAC PS TO SM O V592 AAD TERM BLCK & CONN WI EXTREME BACKHAUL SWITCHES 2 DS16541 SUMMIT X440 24T G2 24 10!10011000BASE-T 4 1000BASE-X SFP 2 DS10061 PWR CORD,1 OA,NEMA 5-15P, IEC320-C13 SITE RACK AND OTHER EQUIPMENT . 1 THN1012 RACK 7 FT OPEN 2 DSAP9564 PDU, 1 U, 20A, 120V, (10) 5-20; 1-5-20P 0 DS1101990 SPD, SHIELDED RJ -45 JACK, SINGLE LINE GBE (1000MBPS) R56 COMPLIANT 1 DSTSJADP RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS Lot Audio Bridging Hardware for cutover (up to 4 channels). Requirements to be finalized during Detailed Design Review. Page 445 of 465 APPENDIX A -SYSTEM BLOCIA DIAGRAM Page 446 of 465 s x - � �a o NRi 0 o a 2� A' cu N ! ' e0� U a C V1 � d U 1 p o y ulI CV �m 88.: 5V z 5 tr aco jig A 1,k ! a Q Q a�gg �R d Z c, --- o o� E i 9 A 1 A E 0 2fl�D s -- g 1. tm y 5 R -------------------------- 1 u g r s Mg MU ?'aa�: I I Page 447 of 465 This page intentionally left blank. Page 448 of 465 Page 449 of 465 0:4:110011i�7 Page 450 of 465 STATEMENT OF Wuf%RK Motorola is proposing to the Region of Niagara/ Niagara Falls Fire Department, the installation and configuration of MCC 7500 dispatch sites and associated components. The document delineates the general responsibilities between Motorola and the Region of Niagara/ Niagara Falls Fire Department as agreed to by contract. Motorola's general responsibilities include the following: • Conduct project kickoff meeting with customer to review project design and finalize requirements. • Schedule the implementation schedule in agreement with Region of Niagara/ Niagara Falls Fire Department. • Coordinate the activities of all Motorola subcontractors under this contract. • Administer safe work procedures for installation. • Provide Region of Niagara/ Niagara Falls Fire Department with the appropriate system interconnect specifications. • Define link specifications for each link required for the proposed system. • Define electrical requirements for each equipment rack and operator position to be installed in the Customer -provided facilities. • Define heat load for each equipment rack to be installed in the Customer -provided facilities. • Install the console operator position in the location and on desktop space provided by the Customer. • Install the proposed backroom network equipment in the dispatch location provided by the customer. It is assumed the equipment will be within 100 cable feet of the dispatch console operator positions. • Connect the Customer -supplied, previously identified circuits into the console, to a demarcation point located within 25 feet of the console interface (CCGW). • Connect the appropriate equipment to the Customer supplied ground system in accordance with Motorola's R56 Site Installation Standards. • Perform the console programming, based on the console templates jointly developed by Region of Niagara/ Niagara Falls Fire Department and Motorola. • Equipment to be installed at the dispatch centres includes: — Niagara Falls Fire Station l: 9 Two (2) MCC 7500 Console Operator Positions on existing customer owned deskspace (see equipment list for detail). ➢ Install, racks and cable backroom equipment in Motorola provided racks. Page 451 of 465 • Back room equipment includes (see equipment list for additional detail): — HP Ethernet Switches — GGM 8000 Gateways — Extreme Summit Backhaul Switches — AC Power Bars — Rackmount Groundbar • Integration of other third party products, not defined in this statement of work, is not included in this proposal. • Perform R56 site installation quality audits, verifying proper physical installation and operational configurations at the Niagara Falls Fire dispatch location. • Master Site: Infrastructure related programming of the proposed dispatch consoles into the Master site (i.e., loading of IDs into the zone controller and dispatch) is included. Install and configure the proposed dispatch site licenses. — Install and configure the proposed MCC 7500 licenses. • Optimize equipment and verify that all equipment is operating properly and that all electrical and signal levels are set accurately. • Verify communication interfaces between devices for proper operation. • Test features and functionality are in accordance with manufacturers' specifications. • Verify the operational functionality and features of the dispatch subsystems and the system supplied by Motorola, as contracted. • If any major task as contractually described fails, repeat that particular task after Motorola determines that corrective action has been taken. • Document all issues that arise during the acceptance tests. • Document the results of the acceptance tests and present to the Customer for review. • Resolve any punch list items before Final System Acceptance. 1:13.114 3 . •*1201K 1:111,4111. The Region of Niagara/ Niagara Falls Fire Department will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola. The general responsibilities for both the dispatch locations and the Master site are as follow: • Region of Niagara/ Niagara Falls Fire Department will provide a dedicated delivery point for receipt, inventory, and storage of equipment prior to installation. • Coordinate the activities of all Region of Niagara/ Niagara Falls Fire Department vendors or other contractors, if applicable. • Attend and participate in project meetings and reviews. • Provide ongoing communication, as applicable, regarding the dispatch console project and schedule. Page 452 of 465 • Provide dispatch facility and antenna mounting locations as required for dispatch subsystem installation, • Ensure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment. • Obtain all licensing, site access, or permitting required for project implementation. • Secure site lease/ownership, zoning, permits, regulatory approvals, easements, power, and Telco connections. • Provide third party products and interface if needed. • Provide clear and stable access to the sites for transporting electronics and other materials. Sufficient site access must be available for trucks to deliver materials under their own power and for personnel to move materials to the facility without assistance from special equipment. • Provide adequate HVAC, grounding, lighting, cable routing, and surge protection (also, among existing and Motorola -provided equipment) based upon Motorola's "Standards and Guidelines for Communication Sites" (R56). Ceiling [minimum nine (9) feet] and cable tray heights [minimum eight (8) feet] in the equipment rooms in order to accommodate seven (7) -foot, six (6) - inch equipment racks. • Provide/install any required conduit, circuit breakers, outlets, etc., at each equipment location. • Provide AC power (dedicated 20 Amp AC outlets - simplex with ground) for each major piece of equipment within six (6) feet of the location of the Motorola -supplied equipment, including the associated electrical service and wiring (conduit, circuit breakers, etc.). Provide backup power systems (UPS) as required. • Bring grounding system up to Motorola's "Standards and Guidelines for Communication Sites" (R56) and supply a single point system ground, of five (5) ohms or less, to be used on all FNE supplied under the Contract. Supply grounding tie point within 10 feet from the Motorola - supplied equipment. • Provide floor space and desk space (including desk furniture, as needed) for the system equipment at the Region of Niagara/ Niagara Falls Fire Department -provided facilities. Each rack shall be provided a minimum of 24 -inch x 24 -inch footprint with 36 inches clearance in the front and back. • Relocate and/or removal of existing equipment, if needed, to provide required space for the installation of Motorola -supplied equipment, • Provide obstruction -flee area for the cable run between the demarcation point and the communications equipment, as well as between the backroom equipment room and dispatch positions. • Supply interior building cable trays, raceways, conduits, and wire supports. • Resolve any environmental issues including, but not limited to, asbestos, structural integrity of the site, and any other building risks (resolve envirorunental or hazardous material issues), • Provide console template and alias infonnation as required for programming, • Pay for usage costs of power and generator fueling, both during the construction and installation effort, and on an ongoing basis. • Provide network connectivity between the ASTRO 25 Radio Network Infi-astructure sites and the backup dispatch centre location. Page 453 of 465 • Provide connectivity test results to confirm specification compliancy prior to equipment installation. NOTE: Links may include dedicated fiber circuits, microwave links, or other types of IP network connectivity as needed. 1.3 PROJECT SCHEDULE Motorola's preliminary schedule indicates total project implementation to be approximately 2-3 months. A final schedule will be determined at the Contract Design Review. Page 454 of 465 L All new equipment supplied with the proposed system expansion includes Motorola's Lifecycle Support Services aligned to the existing Motorola -Niagara Region Support Agreement. Page 455 of 465 This page intentionally left blank. Page 456 of 465 CON012 - MCC 7000 Series Dispatch Consoles Workshop (Duration 4.5 days) Language English (United States) Course Description: This course familiarizes participants in installation, configuration, management and repair of MCC 7000 Series IP dispatch consoles, Archiving Interface Servers, AUX UO servers, and Conventional Channel Gateways. The focus is on a detailed discussion of console hardware and hands-on activities with the installation and configuration of the MCC 7000 Series IP dispatch consoles. Target Audience: System Administrators, Console Technicians Course Objectives: After completing this course, the participant will be able to: • Understand key physical and functional characteristics of MCC 7000 Series dispatch console. • Understand physical installation requirements of MCC 7000 Series dispatch console. • Perform tasks necessary to install MCC 7000 Series dispatch console components. • Perform configuration steps for MCC 7000 Series dispatch console components. • Understand available maintenance tools and indicators in MCC 7000 Series dispatch console. • Perform routine maintenance activities in MCC 7000 Series dispatch console components. • Troubleshoot MCC 7000 Series dispatch console components to the Motorola recommended service level. • Perform tasks necessary to provision users for MCC 7000 Series dispatch console. • Configure the MCC 7000 Series dispatch console interface. • Perform required administrative activities for MCC 7000 Series dispatch console. Page 457 of 465 Requisite Knowledge: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap (ACT100-E or ACT101-E) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (N WT003) Required • ASTRO® 25 W&D System Overview (AST1038) Page 458 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to amend By-law No. 2015-33, being a by-law to provide for citizen appointments to certain Boards and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That Brad Peters be deleted as a citizen representative to the Niagara Falls Library Board. 2. That Karl Dockstader be added as a citizen representative to the Niagara Falls Library Board. Passed this twenty-sixth day of September, 2017. .................................................................................................................. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 459 of 465 CITY OF NIAGARA FALLS By-law No. 2017- A By -Law to authorize the execution of an agreement with Her Majesty The Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario — ONTARIO MUNICIPAL COMMUTER CYCLING PROGRAM (OMCC) — 2017. WHEREAS it is deemed expedient to authorize the execution of an Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for funding under the dedicated Ontario Municipal Commuter Cycling Program (OMCC). THE COUNCIL OF THE CORPOATOIN OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Mayor, Clerk and/or Treasurer are hereby authorized to execute on behalf of the City of Niagara Falls a Transfer Payment Agreement (Agreement) with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for 2017 funding under the OMCC. 2. THAT the Mayor, Clerk, Director of Municipal Works, and/or Treasurer have the delegation of authority to execute any and all required documentation on behalf of the City of Niagara Falls as required by the OMCC for 2017. 3. THAT the City of Niagara Falls commits to providing funding equivalent in 2017 to twenty percent of 2017 funding provided to the City of Niagara Falls under the OMCC. 4. THAT the City of Niagara Falls commits to implementing projects and spending OMCC 2017 funding in accordance with all provisions specified in the Agreement. 5. THAT the City of Niagara Falls commits to spending OMCC 2017 funding only on the following approved projects: a. Millennium Trail Section 5 b. Whirlpool Road/NPC Trail Connection 6. THAT the City of Niagara Falls commits that it will obtain all required approvals for each project prior to use of OMCC funding. Passed this twenty-sixth day of September, 2017. Page 460 of 465 BILL MATSON, ACTING CITY CLERK First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. JAMES M. DIODATI, MAYOR Page 461 of 465 CITY OF NIAGARA FALLS By-law No. 2017 -XXX A By -Law to Authorize an Extension Agreement Relating to Inter -Municipal Transit Services specifically in regards to the 40-45 route to be provided by The Corporation of the City of Niagara Falls (hereinafter called "NFT") and The St. Catharines Transit Commision (herein after called "SCTC") within the Regional Municipality of Niagara (hereinafter called the "Region"). WHEREAS NFT is a party to a Pilot Project Agreement with the Region and SCTC, relating to extension of transit services with the Region in regards to the 40-45 route to be provided by NFT and SCTC, as authorized by Niagara Falls City Council by By-law 20XX-XXX; AND WHEREAS the term of the said agreement was extended and currently has an expiry date of May 5, 2017; AND WHEREAS there is a desire of the municipal service providers and the Region to extend the pilot project term to December 31, 2017. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Extension Agreement — between the Regional Municipality of Niagara and the Service Providers (St. Catharines Transit Commission, The Corporation of the City of Niagara Falls) for the Inter -municipal Transit Pilot Project, in regards to the 40-45 route, as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty-sixth day of September, 2017 .............................................................. BILL MATSON, ACTING CITY CLERK First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. ................................................ JAMES M. DIODATI, MAYOR Page 462 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules "C and "D4" and that Schedules "C and "D4" attached hereto shall be inserted in lieu thereof. 2. That By-law 2017-91 be hereby repealed. Passed this twenty-sixth day of September, 2017. .................................................................................................................. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 463 of 465 SCHEDULE"C" Parking By-law Enforcement Officers: Jade An Paul Brown Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Mario Digianni Larry Downing John Garvie Lou Hussey Lauryn Irons Jennifer Johnston Dwight Kowakowski Norm Leonard John MacLeod Robert Mascia Krista McGowan Philip Rudachuk Chris Russell Dave Simpson Randy Tait Katelynn Whiteley SCHEDULE "D4" HOCO LIMITED Parking By-law Enforcement Officers on private property: Keith Bennett Abby Kapur Ryan Benner Joel McLeod Cole Eckmier Dean Murray Justin Facci Carlos Peralta Brittany Forcucci Sam Van Dyke Page 464 of 465 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26th day of September, 2017. 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: The actions of the Council at its meeting held on the 26th day of September, 2017 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-sixth day of September, 2017. .............................................................. BILL MATSON, ACTING CITY CLERK First Reading: September 26, 2017 Second Reading: September 26, 2017 Third Reading: September 26, 2017 JAMES M. DIODATI, MAYOR Page 465 of 465