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10/22/2019
City of Niagara Falls Agenda City Council Meeting Tuesday, October 22, 2019 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. Oct 22 - Resolution to go In-Camera 10 - 11 2. CALL TO ORDER O Canada - Performed by: Sibilla Malekzadeh 3. ADOPTION OF MINUTES 3.1. City Council - 01 Oct 2019 12 - 31 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. MAYOR'S REPORTS, ANNOUNCEMENTS 6. PRESENTATIONS / REPORTS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. R&C-2019-23 Seniors Advisory Committee - Goals and Priorities Wendy McPherson, Chair Person of the Seniors Advisory Committee (SAC) will make a brief presentation to update Council on the 32 - 36 Page 1 of 292 committee's latest achievements and will explain their future goals and priorities. R&C-2019-23 - Seniors Advisory Committee Goals and Priorities R&C-2019-23 - Attachment #1 Seniors Advisory Committee Goals and Priorities 6.2. PBD-2019-68 Report on Homelessness in Niagara Adrienne Jugley, Commissioner, Niagara Region Community Services, will be present to address questions from Council arising from this report regarding services available for those in need. PBD-2019-68, Report on Homelessness 37 - 41 7. PLANNING MATTERS 7.1. Public Meeting (Presentation added) PBD-2019-65 AM-2019-011, 26CD-11-2019-001 (Revised) Zoning By-law Amendment and Draft Plan of Vacant Land Condominium Vacant Parcel between 7154 Adams Avenue and 6680 Hawkins Street Applicant: Habitat for Humanity PBD-2019-65, 26CD-11-2019-001 & AM-2019-011, Vacant Parcel between 7154 Adams Avenue and 6680Hawkins Street AM-011, Hawkins Street, Proposed 16 unit townhouse development Public Meeting Presentation - Habitat for Humanity - Oct 22 AM-2019-011, Comments from Janice Pelletier 2019_09_05 AM-2019-011, Comments from Janice Pelletier AM-2019-011 and 26CD-11-2019-001 2019_08_12 AM-2019-011, Comments from Jerry and Roxanne Johnson 2019_09_03 AM-2019-011, Ltr from DSBN AM-2019-011 2019_07_02 42 - 80 Page 2 of 292 AM-2019-011, Petition from neighbouring residents AM-2019-011 2019_06_26 7.2. Public Meeting (Presentation added) PBD-2019-64 AM-2019-012, Zoning By-law Amendment Application 6353 Carlton Avenue Applicant: Anthony Continelli Proposal: 32 Unit Townhouse Development PBD-2019-64, AM-2019-012, Zoning By-law Amendment, 6353 Carlton Av Presentation - AM-012, 6353 Carlton Av, 32 townhouse dwelling units 81 - 95 7.3. Public Meeting (Presentation added) PBD-2019-63 26CD-11-2019-003 Plan of Vacant Land Condominium 6894 Garner Road Applicant: VGroup Holdings Ltd. (Sam Vecchi) PBD-2019-63, 26CD-11-2019-003 6894 Garner Road Presentation - 6894 Garner Road, Plan of Vacant Land Condo 96 - 112 8. REPORTS 8.1. CD-2019-13 Fee Waiver Applications Knights of Columbus & Niagara Catholic Foundation and Project Share of Niagara Falls CD-2019-13 Fee Waivers - Knights of Columbus & Niagara Catholic Foundation and Project Share Fee Waiver Application- Knights of Columbus & Niagara Catholic Foundation Fee Waiver Application - Project Share 113 - 128 8.2. FS-2019-03 129 - 133 Page 3 of 292 Fire Department Station 7 Staffing FS-2019-03, Fire Department Station 7 Staffing 8.3. FS-2019-04 Construction of Fire Department Station 7 FS-2019-04, Construction of Fire Station 7 FS-2019-04, Attach. Station 7 Conceptual Drawing 134 - 138 8.4. L-2019-21 Permanently Close and Declare Surplus Upper’s Lane (between Thorold Townline Road and Beechwood Road) Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Upper’s Lane lying between Thorold Townline Road and Beechwood Road Our File No. 2011-179 L-2019-21 - Report Close Declare Surplus - Upper's Lane 139 - 143 8.5. PBD-2019-66 AM-2018-010, Exemption Request to 2-Year Waiting Period for Minor Variance Lots 79 & 80, Plan 193 Proposal: 6 Unit Apartment Building Owner: Tom Vattovaz Agent: Craig Rohe – Upper Canada Consulting PBD-2019-66 AM-2018-024 Two- Year Waiting Period Exemption Request 8196 McLeod Road 144 - 148 8.6. PBD-2019-69 Proposed Telecommunication Facility 11713 Willoughby Drive Applicant: ForbesBros for Rogers Communication PBD-2019-69, Telecommunication Facility, ForbesBros, 117113 Willoughby Drive PBD-2019-69, Appendix 2 149 - 162 Page 4 of 292 PBD-2019-69, Appendix 3 9. RESOLUTIONS 9.1. Resolution - AM-2018-010, Exemption to 2-Year Waiting Period for Minor Variance Lots 79 & 80, Plan 193 Proposal: 6 Unit Apartment Building Owner: Tom Vattovaz Agent: Craig Rohe - Upper Canada Consulting Resolution AM-2018-010 163 10. 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-2019-006 Small Business Enterprise Centre (SBEC/BDD) Ministry of Economic Development, Job Creation and Trade SBEC Program Transfer Payment Agreement BDD-2019-006 SBEC-MEDJCT SBEC Program Transfer Payment Agreement- Report BDD-2019-006 SBEC-MEDJCT SBEC Program Transfer Payment Agreement 164 - 247 CD-2019-12 2020 Council Schedule CD-2019-12, 2020 Council Schedule CD-2019-12, Attachment 248 - 250 F-2019-37 251 - 254 Page 5 of 292 Monthly Tax Receivables Report – September F-2019-37- Tax Receivables Monthly Report (September) F-2019-37- Attachment F-2019-38 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 F-2019-38 Cancellation Reduction or Refund of Taxes F-2019-38 Attachment Council 357 List Oct 22, 2019 255 - 257 R&C-2019-24 Investing in Canada Infrastructure Program R&C-2019-24-Investing in Canada Infrastructure Program 258 - 260 TS-2019-33 St. Marks Avenue at St. John Street Intersection Control Review TS-2019-33 St. John Street at St. Marks Avenue - Intersection Control Review TS-2019-33 St. John Street at St. Marks Avenue - Intersection Control Review Attachment 261 - 264 TS-2019-34 Blackburn Parkway Intersection Control Review & Speed Limit Review TS-2019-34 Blackburn Parkway - Intersection Control Review & Speed Limit Review TS-2019-34 Blackburn Parkway - Intersection Control Review & Speed Limit Review Attachment 265 - 268 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Greater Niagara Circle Route Committee The Region has requested that Council appoint one (1) member as a 269 Page 6 of 292 representative on the GNCRC. RECOMMENDATION: That Council appoint Councillor Wayne Campbell to the GNCRC. CLK-C 2019-223 Municipal Representation GNCRC Niagara Falls 11.2. Vista Pyrotechnics Vista Pyrotechnics is requesting approval for the annual New Year's Eve fireworks display at the Skylon Tower. RECOMMENDATION: For the approval of Council, subject to the appropriate insurance requirements. Vista Pyrotechnics - Application for annual New Year's Eve Fireworks 270 - 271 11.3. Niagara Parks Commission In order for the NPC to obtain their Special Occasion Permit for their New Year's Eve Show, they are looking to City Council to declare the event as one of municipal significance. RECOMMENDATION: That Council approve the request. 11.4. Proclamation Request - Community of Sant' Egidio A request to proclaim November 30, 2019 as "Cities for Life - Cities Against the Death Penalty." RECOMMENDATION: For the Consideration of Council. CitiesForLife_EN 272 - 276 11.5. Proclamation Request - Respiratory Therapists Week Niagara Health is requesting the week of October 20-26, 2019 as Respiratory Therapists Week. This week-long celebration serves to recognize respiratory therapists (RTs); educate the public about the varied roles of respiratory care and responsibilities of RTs; and to increase the recognition of the significant contribution made by RTs who are responsible for the well-being of individuals who suffer from asthma, COPD (emphysema) and other respiratory illnesses within the community and in hospital settings. RECOMMENDATION: That Council approve the request. Proclamation - Respiratory Therapists Week 277 - 278 Page 7 of 292 12. RATIFICATION OF IN-CAMERA 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2019-111 - A by-law to declare Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. By-law - Declare Surplus - Upper's Lane 279 2019-112 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs At Intersections, Yield Signs At Intersections, Parking Prohibited, Through Highways) Bylaw - Jepson Street at Second Avenue, Kister Road, Don Murie Street, Vine Street 280 - 282 2019-113 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Speed Limits on Highways) Oct 22 - Blackburn 283 - 284 2019-114 - A by-law to permanently close part of a highway. By-law - Permanently Close - Upper's Lane 285 2019-115 - A by-law to authorize the execution of the 2019-2022 Collective Agreement with the Canadian Union of Public Employees and its Local 133. Execution - CUPE 2019-2022 Collective Agreement 286 2019-116 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 19 townhouse dwelling units (AM-2019-006). AM-2019-006 By-law AM-2019-006 Schedule 1 287 - 289 Page 8 of 292 2019-117 - 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. 2019 Oct 22 By-law Enforcement Officers 290 - 291 2019-118 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of October, 2019. 10 22 19 Confirming By-law 292 14. NEW BUSINESS 15. ADJOURNMENT Page 9 of 292 The City of Niagara Falls, Ontario Resolution October 22, 2019 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. WHEREAS on October 22, 2019 Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(c) and (k), of the Act; and THEREFORE BE IT RESOLVED that on October 22, 2019 at 4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider a proposed or pending acquisition or disposition of land being an unopened Road Allowance as well as advice that is subject to solicitor-client privilege and to consider matters related to a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on with regards to properties within Niagara South Condominium 98. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 10 of 292 Page 11 of 292 MINUTES City Council Meeting Tuesday, October 1st, 2019 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor Pietrangelo COUNCIL ABSENT: Councillor Wayne Campbell and Councillor Carolynn Ioannoni COUNCIL LATE: STAFF PRESENT: Alex Herlovitch, Donna Jaques, Erik Nickel, Jim Boutilier, Karl Dren, Kathy Moldenhauer, Trent Dark, Ken Todd, Serge Felicetti, Tiffany Clark, Heather Ruzylo 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. In-Camera Resolution ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that Council enter into an In-Camera session. Carried Unanimously 2. CALL TO ORDER Playing of O Canada 3. ADOPTION OF MINUTES 3.1. Council Minutes of September 10, 2019 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that the minutes of September 10, 2019 be approved as recommended. Carried Unanimously Page 1 of 20 Page 12 of 292 City Council October 1, 2019 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. a) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: cheque #429831, payable to herself, dated August 14, 2019 for $340.00 (AMO Conference per diem); cheque #430082, payable to herself, dated August 21, 2019 for $117.76 (reimbursement of cell and internet); cheque #430357, payable to herself, dated August 28, 2019 for $526.62 (reimbursement of AMO expenses); cheque #430791, payable to herself, dated September 11, 2019 for $260.34 (reimbursement of cell, internet and expenses); cheque #430388, payable to Niagara Falls Art Gallery, dated August 28, 2019 for $2,333.34 (sits on the board as a resident) and cheque #4304 08, payable to Project Share, dated August 28, 2019 for $24,866.66 (sits on board as a resident). b) Councillor Mike Strange indicated a pecuniary interest to cheque #429894 and to cheque #430654, payable to himself (AMO Conference). c) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque #00233-0003, payable to NCDSB (employer). d) Mayor Diodati indicated a pecuniary interest to cheque #429777 payable to himself. 5. MAYOR'S REPORTS / ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Maria Baldinelli, mother of Louie Baldinelli of our Building Department and Stan Socha, father of Stan Socha, Fire Services Captain. b) Mayor Diodati acknowledged Councillor Wayne Thomson's 80th Birthday and extended congratulations to Councillor Thomson, for being honoured as the very first, inaugural recipient of the Niagara Falls Tourism Wall of Fame. c) Mayor Diodati recognized the recent event, Niagara Falls Prayer Luncheon, which was held this past Friday, September 27th, 2019. At the event, guest speaker, basketball hall-of-famer and co-founder of the NBA's Orlando Magic, Pat Williams was welcomed. Mayor Diodati offered congratulations to the organizers of this very successful event. Page 2 of 20 Page 13 of 292 City Council October 1, 2019 d) Mayor Diodati also recognized the Line of Duty Memorial Ceremony which was also attended by Councillor Thomson. e) Mayor Diodati spoke to the Hockey Canada Foundation Announcement that was made on October 1st, 2019. - the major Hockey Canada Fundraising event will take place in Niagara Falls next June. - Exciting to host this in Niagara Falls. - This event is typically in an NHL City/last year in Edmonton. - Thanks given to Larry Landon and his team for their coordination and efforts to bring this here. - 50% of funds will stay here as a legacy in our Region. f) Mayor Diodati recognized Councillor Kerrio for attending the Ribbon Cutting at Silvergate Homes, Legends on the Green. g) Mayor Diodati recognized Councillor Thomson for attending the Terry Fox Run. h) Mayor Diodati recognized Councillor Dabrowski for attending the Palfinger's 30th Anniversary and the 49th Annual Reunion of the National Association of VanValkenburgh Families Opening Ceremonies. i) Mayor Diodati recognized Councillor Strange for attending the PetSmart September Adoption Weekend. j) Mayor Diodati recognized Councillor Campbell for attending the Grand Re-opening of the Niagara Scouting Museum. k) Mayor Diodati extended well wishes to all in advance for a Happy Thanksgiving. l) The next Council meeting is scheduled for Tuesday, October 22nd, 2019. 6. APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Kristen French Child Advocacy Centre Janet Handy, Executive Director of the Kristen French Child Advocacy Centre Niagara, made a presentation to Council regarding new and ongoing programming at the Centre. Page 3 of 20 Page 14 of 292 City Council October 1, 2019 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive the presentation made by Janet Handy of the Kristen French Child Advocacy Centre Niagara. Carried Unanimously 6.2. Community Crew (Presentation added) Sarah Pritula, Community Crew Director and Grant McArthur, board member of Community Crew provided a brief overview of their program, which provides a Hope one Healthy Lunch to children who come from food insecure families. The purpose of the presentation was to inform Council and our local community about the services they offer. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council direct staff to come back with a report to see what is being done in other communities and provide suggestions as to how we can support Community Crew. Carried Unanimously 6.3. The Steve Ludzik Celebrity Roast Tim Housser, Director of the Steve Ludzik Foundation, spoke to Council to ask for their support of the upcoming Steve Ludzik Celebrity Roast, on Friday, October 18, 2019 at Club Italia. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that Councillors have an option to purchase individual tickets for the Steve Ludzik Celebrity Roast on Friday, October 18, 2019 from funds within their Councillor expense allowance. Carried Unanimously 6.4. 5G Presentation - (previous arrangements were made to allow a 10 minute presentation on this matter) (Written submission attachment added) Meg Sears, PhD, Ottawa scientist, Chair of Prevent Cancer Now and Frank Clegg, Canadians for Safe Technology Environmental Health Trust, gave a review of the September 30th Open House session that Page 4 of 20 Page 15 of 292 City Council October 1, 2019 was held at the MacBain Centre. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council receive the presentation made by Meg Sears and Frank Clegg and to have staff invite Health Canada to make a presentation at a future Council meeting to present their perspective on this matter. Carried Unanimously ORDERED on the motion of Councillor Lori Lococo that Council consider the following suggested actions: 1.Councillors commit to educate themselves about health effects of all “generations” of wireless telecommunications 2.Provide public education as to safer options and use of digital devices 3.Request Niagara Region Public Health (in conjunction with OPH) to start monitoring and reporting on the exposure to, and related health effects of RF radiation 4.Require proof of liability insurance against harmful effects of RFR on health from all telecommunications companies deploying wireless technologies 5.Require public notice and consultation for all cellular antennae until Safety Code 6 is updated using the international standards of scientific review 1 6.Place a moratorium on the installation of small cell antennae on city owned property until Safety Code 6 is updated using the international standards of scientific review1 Motion Defeated 6.5. Winter Festival of Lights Tina Myers, Executive Director of the Ontario Power Generation Winter Festival of Lights, addressed Council to recognize the staff from WFOL for their accomplishments over the last few years and to share their recent awards and recognition received. 7. PLANNING MATTERS 7.1. PUBLIC MEETING PBD-2019-58 Am-2019-14, Zoning By-law Amendment Application 6170 Fallsview Boulevard Proposal: 12 Storey, 230 Room Hotel Applicant: Canadian Niagara Hotels. (Dino DiCienzo) Agent: API Development Consultants Inc. (David Barnard) Page 5 of 20 Page 16 of 292 City Council October 1, 2019 The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone the land a site specific Tourist Commercial (TC) zone to permit a 12 storey, 41-metre tall hotel, subject to the regulations outlined in this report; and 2. That the passage of the amending zoning by-laws be conditional on the execution of Section 37 agreement to secure a contribution for streetscape improvements along the land's frontage on Fallsview Boulevard and the design of the project. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2019-58. Linas Saplys, representing Saplys Architects, spoke in support of the staff report. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8. REPORTS / PRESENTATIONS 8.1. MW-2019-27 John N Allan Park Tennis and Basketball Courts Development Contract Award The report recommends the following: 1. That the tender for John N Allan Park Tennis and Basketball Courts Development be awarded to the lowest bidder, CRL Campbell Construction and Drainage Inc., Wainfleet ON. in the amount of $668,525 +HST. 2. That additional funds in the amount of $110,000 be allocated to the 2019 Tennis and Basketball Court Improvements Program budget from the pre-approval of 2020 Capital budget OLG funds. 3. That the Mayor and Clerk be authorized to execute the necessary Page 6 of 20 Page 17 of 292 City Council October 1, 2019 documents. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 8.2. PBD-2019-60 AM-2015-011, Exemption Request to 2-Year Waiting Period for Minor Variances 4552 Portage Road Sleek Developments Plan of Vacant Land Condominium Owner: Sleek Developments Inc. Agent: Jennifer Vida, Upper Canada Consulting The report recommends that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Sleek Developments Inc. to file an application to the City's Committee of Adjustment for their Plan of Vacant Land Condominium. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 8.3. PBD-2019-61 AM-2018-024, Exemption Request to 2-Year Waiting Period for Minor Variance 8196 McLeod Road Proposal: Vacant Land Condominium - 7 Dwelling Units Owner: Bruno Galante c/o 1992277 Ontario Inc. Agent: William Heikoop, Upper Canada Consulting The report recommends that subject to subsection 45(1.4) of the Page 7 of 20 Page 18 of 292 City Council October 1, 2019 Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Bruno Galante to file and application to the City's Committee of Adjustment for their Plan of Vacant Land Condominium. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 8.4. R&C-2019-21 Niagara Falls Farmers Market Temporary Relocation The report recommends that Council approve the temporary relocation of the Niagara Falls Farmers' Market beginning spring 2020 to the MacBain Community Centre parking lot pending the approval of the new Cultural Hub and Farmers Market Project. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 8.5. TS-2019-32 Government of Ontario Decision regarding the dedicated Gas Tax for Public Transportation (Gas Tax) Program The report recommends: Wheras the Government of Ontario unilaterally cancelled a planned two cent incremental increase to gas tax transfers to municipalities; and Whereas transit systems will not be able to meet the needs of Ontarian Commuters if they do not have operational funding to provide convenient, affordable and reliable services; and Whereas the dedicated Gas Tax for Public Transportation Program has, since its inception in 2004, become an irreplaceable source of capital and operational funding that Ontario transit systems of all sizes count on to serve their communities; and Whereas transit systems have, since the program became permanent in Page 8 of 20 Page 19 of 292 City Council October 1, 2019 2014, experienced year-over-year ridership increases as a result of service level improvements; and IT IS RESOLVED THAT THIS COUNCIL: Request that the Government of Ontario continue to support transit systems across the province, recognizing the economic, environmental, and social benefits of public transit investments. Request that the Government of Ontario make evidence-based decisions when considering the effectiveness of current gas tax transfers to municipalities in growing transit ridership across Ontario. Request that the Government of Ontario preserve and continue existing gas tax transfers to municipalities as a dedicated source of funding for public transit. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council supports the recommendation from report. Carried Unanimously 9. RESOLUTIONS 9.1. Resolution - AM-2015-11, Exeption to 2-Year Waiting Period for Minor Variance 4552 Portage Road Owner: Sleek Developments Inc. Agent: Jennifer Vida, Upper Canada Consulting ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that the resolution be approved. Carried Unanimously 9.2. Resolution - AM-2018-024, Exemption to 2-Year Waiting Period for Minor Variance 8196 McLeod Road Proposal: Vacant Land Condominium - 7 Dwelling Units Owner: Bruno Galante c/o 1992277 Ontario Inc. Agent: William Heikoop, Upper Canada Consulting ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the resolution be approved. Page 9 of 20 Page 20 of 292 City Council October 1, 2019 Carried Unanimously 10. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. CD-2019-11 (Applications added) Fee Waiver Applications St. Paul High School and Hallow Queen Fright Fest The report recommends that Council approve the Fee Waiver Applications for: 1. St. Paul High School for their annual Food Truck event in the amount of $150.00 for the waiver of an Specific Location Daily Sales business licence. 2. Hallow Queen Fright Fest, Niagara's Largest Halloween-Inspired Festival taking place on Queen Street in the amount of $500.00 for the road closure labour and materials costs. F-2019-35 Monthly Tax Receivables Report – August The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2019-36 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $41,115,049.08 for the period August 1, 2019 to September 11, 2019. Page 10 of 20 Page 21 of 292 City Council October 1, 2019 MW-2019-26 Water Meter Replacement Program: Update The report recommends the following: 1. That Council receive the Water Meter Replacement Program Update report for information purposes. 2. That Council authorize Staff to execute the agreement with Neptune Technology Group. PBD-2019-59 DB-2019-002, Deeming By-law Application Lots 14 and 16 and Blocks 24 and 25, Plan 59M-327 2441 Colangelo Drive and 6580 Mountain Road Applicant: City of Niagara Falls Proposed: 2 Parcels for Detached Dwellings The report recommends that Council pass the by-law appearing on tonight's agenda to deem Lots 14 and 16 and Blocks 24 and 25, Plan 59M -327, to no longer be within the registered Plan of Subdivision, to enable the four parcels of land to merge into two parcels for detached dwellings. R&C-2019-22 Proposed Revision to Mayor's Youth Advisory Committee Terms of Reference The report recommends that Council approve the proposed revision to Mayor's Youth Advisory Committee Terms of Reference. TS-2016-28 Jepson Street at Second Avenue - Intersection Control Review The report recommends that an all-way stop control be installed at the Page 11 of 20 Page 22 of 292 City Council October 1, 2019 intersection of Jepson Street at Second Avenue. TS-2019-30 Stanley Avenue Industrial Park Intersection Control Reviews The report recommends that a stop sign is installed in the minor street approach at each intersection as outlined in the report. TS-2019-31 Vine Street Parking Control Review The report recommends that an "Except by Permit" tab be added to the existing No Parking Monday to Friday from 6:00PM to 8:00Pm and Saturday and Sunday 8:00AM to 1:00PM between May and October on both sides of Vine Street from a point 40 metres west of Dayman Avenue and a point 144 metres east of Dayman Avenue. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the reports are approved as recommended. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Project Share - Out of the Cold (Updated budget added) Requesting funds. RECOMMENDATION - For Council's Consideration ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council approves the $20,000.00 request to help cover the salary for a manager at the Out of the Cold homeless shelter. Page 12 of 20 Page 23 of 292 City Council October 1, 2019 Carried Unanimously 11.2. Niagara Region - Various Correspondence (Regional Report added) • Regional Report - PHD 17-2019 Respecting Mental Health and Addictions Collaborative Work - Niagara Region's Involvement.The report is being circulated to all Local Area Municipalities for information. • Regional Report - PDS-34-2019 Re: Grants and Incentives Review RECOMMENDATION - For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Carried Unanimously 11.3. Niagara Region 2020 Legislative Schedule of Regular Meetings Regional Council at its meeting held on September 19, 2019, approved the 2020 Legislative Schedule of Regular Meetings. RECOMMENDATION - For the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 11.4. Greater Niagara Circle Route Committee The Region has requested that Council appoint one (1) member as a representative on the GNCRC. RECOMMENDATION: That Council select a representative to the Committee ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the request be forwarded to the Page 13 of 20 Page 24 of 292 City Council October 1, 2019 Recreation and Park in the City Committees to ask for a representative and to further add the request to our website. Carried Unanimously 11.5. Resolutions - City of Kitchener i) Single Use Disposable Wipes ii) Producer Requirements for Packaging in Ontario Council resolutions from the City of Kitchener. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 11.6. Resolution - Municipality of Chatham-Kent regarding Provincial Funding Cuts to Legal Aid Ontario Council resolution from the Municipality of Chatham-Kent. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council supports the resolution. Carried Unanimously 11.7. Proclamation Request - "Fire Prevention Week" Fire Chief, Jim Boutilier, is requesting the week of October 6 to October, 12, 2019 proclaimed as "Fire Prevention Week." This year's theme is, "Not Every Hero Wears a Cape. Plan and Practice Your Escape." RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Page 14 of 20 Page 25 of 292 City Council October 1, 2019 Councillor Chris Dabrowski that the City declare the week of October 6 to October 12, 2019 as "Fire Prevention Week." Carried Unanimously 11.8. Proclamation Request - "Waste Reduction Week" The proclamation request is to recognize "Waste Reduction Week" which will take place from October 21-27, 2019. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the City declare the week of "October 21-27, 2019 as "Waste Reduction Week." Carried Unanimously 11.9. Proclamation Request - "National Disability Employment Awareness Month" The proclamation request is to recognize October as "Disability Employment Awareness Month." RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the City recognize October as "Disability Employment Awareness Month." Carried Unanimously 11.10. Proclamation Request - British Home Children 150th Anniversary Requesting the City to declare Saturday, September 28th, 2019 as "British Home Children - 150 Anniversary Day." RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the City declare Saturday, September 28th, 2019 as "British Home Children - 150 Anniversary Day." Page 15 of 20 Page 26 of 292 City Council October 1, 2019 Carried Unanimously 11.11. Proclamation Request - World Bullying Prevention Awareness Day Request for Council to declare Monday, October 7th, 2019 as World Bullying Prevention Day. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the City declare Monday, October 7, 2019 as "World Bullying Prevention Day." Carried Unanimously 11.12. Matthew Daniele Memorial Fundraiser "An Enchanted Evening," In loving memory of Matthew Daniele to be held on Saturday, November 2nd, 2019 at John Michael's Banquet & Conference Centre. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Councillors have an option to purchase individual tickets for the Matthew Daniele Memorial Fundraiser on Saturday, November 2, 2019 from funds within their Councillor expense allowance and to provide a gift for the auction table at the event. Carried Unanimously 11.13. Lake Ontario Water Levels The attached correspondence from various municipalities within the Bay of Quinte region highlights the concerns surrounding water levels in Lake Ontario. The support of municipalities along the shores of Lake Ontario is being sought to apply greater pressure to the Internatio nal Joint Commission and the Provincial and Federal Governments for the revocation of the Lake Ontario - St. Lawrence River Plan 2014. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 16 of 20 Page 27 of 292 City Council October 1, 2019 Councillor Vince Kerrio that Council supports the initiatives of the Lake Ontario water levels as explained in correspondence. Carried Unanimously 11.14. Portage Road - Resident Petitions Portage Road residents seeking assistance from Council to intervene in an effort to stop/control the noise/speed issues at the corner of Thorold Stone Road and Portage Roads. RECOMMENDATION: That the matter be referred to staff. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the matter be referred to staff and that staff inform the Niagara Region and the NRP to investigate what can be done. Carried Unanimously 11.15. Niagara Falls Public Library - Interlibrary Loan Borrowing/Support for SOLS/OLS North The memo attached contains information for Council on the Interlibrary Loan Borrowing Service at the Library. RECOMMENDATION: That Council support the Motion. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council supports the endeavors of the Niagara Falls Public Library in support of continued and sustained funding to the Ontario Library Services agencies, so that equitable Library Services remain accessible to all members of our community. Carried Unanimously 11.16. Special Occasions Permit - The Great Canadian Caesarfest Niagara Falls A request is being made to have a special event, "The Great Canadian Caesarfest Niagara Falls," taking place on Saturday, November 2nd at the Scotiabank Convention Centre, be declared by Council as an Event of Municipal Significance in order to assist with their request for a liquor licence through the AGCO. Page 17 of 20 Page 28 of 292 City Council October 1, 2019 RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council approve the request to have a special event, "The Great Canadian Caesarfest Niagara Falls," be declared an Event of Municipal Significance. Carried Unanimously 11.17. Noise By-law Exemption - Proposed Road Closure 6457 RR57 at St. James Avenue Second request from Doug Sills, from Peters Construction Group, that a Noise By-law exemption be granted to complete the construction on Thorold Stone Road for the connection of services for the Wendy's Restaurant on the corner of St. James Avenue and Thorold Stone Road. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the request for a noise by-law exemption be denied for the construction on Thorold Stone Road and St. James Avenue for the connection of services for the Wendy's Restaurant. Carried Unanimously 12. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that Council direct staff to proceed with offers to purchase land within the Montrose Business Park. Carried Unanimously 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2019- 106 - A by-law to authorize the payment of $41,115,049.08 for General Purposes. Page 18 of 20 Page 29 of 292 City Council October 1, 2019 2019- 107 - 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. 2019- 108 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs At Intersections) 2019- 109 - A by-law to designate Lots 14 and 16 and Blocks 24 and 25, Plan 59M- 327, to be deemed not to be within a registered plan of subdivision (DB- 2019-002). 2019- 110 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1st day of October, 2019. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried Unanimously 14. NEW BUSINESS a) Bike Lanes ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that staff report back to increase the service standards for street cleaners/sweepers to clean debris within bike lanes more than once per year. Carried Unanimously 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Lori Lococo that the meeting be adjourned at 7:15 pm. Carried Unanimously Page 19 of 20 Page 30 of 292 City Council October 1, 2019 Mayor City Clerk Page 20 of 20 Page 31 of 292 R&C-2019-23 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2019-23 Seniors Ad visory Committee - Goals and Priorities RECOMMENDATION That Council approve the Goals and Priorities for the Seniors Advisory Committee (SAC). EXECUTIVE SUMMARY At the November 13, 2018 City Council meeting, Council approved a motion to create an Age Friendly/Seniors Advisory Committee. The City of Niagara Falls has various Committees made of appointed citizens, Council members and City staff. The Recreation & Culture Department is currently responsible for the following committees of Council: Recreation Committee, Arts, Culture & Museum Committee, Park in the City Committee and Mayors Youth Advisory Committee (MYAC). To better represent all citizens of Niagara Falls a Seniors Advisory Committee (SAC) has been developed to address seniors’ issues and opportunities. The Seniors Advisory Committee have developed and approved the following four Goals and Objectives: Goal 1 – Promote Awareness and Encourage Input; Goal 2 –Explore and develop partnerships that inform and improve the quality of life for seniors; Goal 3 –Develop an action-orientated strategy focused on older adults to create an Age- Friendly Niagara Falls; Goal 4 - Advise Council on accomplishments and to provide recommendations to Council based on input from the residents. Page 32 of 292 2 R&C-2019-23 October 22, 2019 BACKGROUND The Seniors Advisory Committee (SAC) was established in February 2019 and serves as an Advisory capacity to City Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. At the April 11th, 2019 meeting it was decided that the committee necessitated a strategic plan outlying the committee’s goals and objectives. With the assistance of a facilitator, the Committee met in June and established four goals, each with their own set of determined actions. ANALYSIS/RATIONALE The implementation of a strategic plan will assist in developing goals and objectives of the committee. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Financial resources from the Seniors Advisory Budget were utilized to hire a Strategic Plan consultant for this purpose. CITY’S STRATEGIC COMMITMENT The implementation of a strategic plan will address the goals and objectives of the Seniors Advisory Committee outlying precise actions that the committee will follow. It will also meet the Strategic Priority of Organizational Efficiency and Effectiveness. LIST OF ATTACHMENTS Goals and Priorities for the Seniors Advisory Committee (SAC) 2019-2022 Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 33 of 292 1 Seniors Advisory Committee Goals and Priorities 2019 – 2022 Purpose: Serve in an advisory capacity to Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. SAC acts as a liaison to enrich and enhance the lives of seniors within Niagara Falls by identifying barriers, forming partnerships with the community and acting as a public forum for issues affecting seniors. Goal #1: Promote Awareness and Encourage Input 1. Create Awareness of the Role of the Seniors Advisory Committee Actions: 1.1 Promote the mandate of SAC by utilizing the City’s web site and promotional materials by September 2019 and ongoing. 1.2 Create an email account and use business cards to encourage input by September 2019. 1.3 Provide information and links to programs and services for seniors by December 2019 and ongoing. 1.4 Share SAC successes with Council and residents of Niagara Falls. Ongoing. 2. Solicit input and act as a public forum for issues that affect seniors in the community Actions: 2.1 Establish key questions to be used when soliciting input by November 2019. 2.2 Identify audiences and locations to seek meaningful input by March 2020. 2.3 Develop and use surveys, as needed, with professional guidance. Ongoing. 2.4 Collect and analyze input and feedback by June 2020. 2.5 Develop recommendations based on top 3-5 critical issues identified by residents by November 2020. 3. Improve seniors’ participation in City Programs and Services Actions: 3.1 Review current City of Niagara Falls programs and services and usage data by September 2020. 3.2 Seek input from residents using key questions to help identify reasons seniors do not participate by March 2021. 3.3 Using data collected, identify top 3-5 reasons seniors do not access programs and services by September 2021. Page 34 of 292 2 3.4 Prepare recommendations to address identified reasons and barriers by December 2021. Goal #2: Explore and develop partnerships that inform and improve the quality of life for seniors 1. Identify possible partnerships Actions: 1.1 Determine which service clubs, community or business groups are interested in supporting seniors and SAC activities by December 2019. 1.2 Develop partnerships with appropriate organizations. Ongoing 2. Liaise with similar committees in Niagara to share information and avoid duplication Actions: 2.1 Interact and maintain contact with the other municipal seniors’ advisory committees in Niagara beginning in September 2019 and ongoing. 2.2 Participate in Niagara Age-Friendly activities and knowledge exchange beginning in September 2019 and ongoing. Goal #3: Develop an action-oriented strategy, focused on older adults, to create an Age-Friendly Niagara Falls 1. Complete the Age-Friendly self-assessment of Niagara Falls Actions: 1.1 Review self-assessment requirements and develop a schedule for completion by October 2019. 1.2 Conduct self-assessment and identify current barriers and gaps in services by April 2020 1.3 Analyze results and develop recommendations to address barriers and gaps by December 2020. Page 35 of 292 3 2. Secure Council’s support to create an Age-Friendly Niagara Falls Actions: 2.1 Prepare plan and recommendations for presentation to Council by May 2021 2.2 Present plan and recommendations to Council in June 2021. 2.3 Follow-up and communicate outcomes by December 2021. Goal #4: Advise Council 1. Provide recommendations, based on input received, to improve programs, policies and services provided to seniors Actions: 1.1 Present annual report to Council, highlighting accomplishments, key issues and ongoing activities by June each year. 1.2 Provide recommendations to Council, based on input from residents, as necessary. Ongoing Page 36 of 292 PBD-2019-68 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-68 Report on Homelessness in Niagara RECOMMENDATION 1) That the City work with The Regional Municipality of Niagara (Niagara Region) and existing service providers to secure appropriate safe shelter for those facing homelessness; 2) That Council refer to the 2020 Budget deliberations the possibility of allocating further funding to assist with a homeless shelter as part of the grant process; and 3) That the City Council petition the Federal and Provincial governments to provide increased levels of funding to The Regional Municipality of Niagara to target reducing homelessness in the Niagara region. BACKGROUND At the August 13, 2019 Council meeting, a delegation provided Council with a presentation concerning the need for an emergency shelter for those who are presenting as homeless in Niagara Falls until such time as the Out of the Cold shelter opens on November 1, 2019. Further to this delegation, Council passed a motion that staff bring a report to Council with alternative places to sleep for the homeless in Niagara Falls. This report outlines what it means to be homeless, region wide statistics and current services available. Staff investigated what various agencies are doing to shelter the homeless and looked at municipal properties to see what opportunities exist. Timing of the research into a potential response does not provide for an alternative shelter option for the 2019 fall season, however, this report seeks to bring awareness to the state of homelessness and the facilities and services available. ANALYSIS/RATIONALE According to the Canadian Observatory on Homelessness, homelessness describes anyone living without stable, safe, permanent, appropriate housing or the immediate prospect, means and ability to acquire it. The homeless include the unsheltered, which involves those living on the streets or in places not intended for human habitation and extends to those individuals or families whose accommodation is temporary or lacks the security of tenure. Page 37 of 292 2 PBD-2019-68 October 22, 2019 Niagara Region, and the City of Niagara Falls, have experienced a number of factors over the past 24 months (approximately) that have impacted the number of individuals experiencing homelessness. The geographic Niagara region has experienced the highest increase in the cost of purchasing a home over the past five years at 81%. The cost of rentals has increased dramatically. It is likely Niagara Falls’ homeless population has a proportional experience to St. Catharines where St. Catharines is the now the third highest rental market in Ontario. The vacancy rate has significantly declined, particularly for affordable units. Currently in Niagara Falls, affordable one bedrooms have a vacancy rate of a functional zero. In addition, the impact of opioids and mental health has be en seen more acutely in Niagara. For instance, St. Catharines was identified as being number one in Ontario for overdoses in a city with a population greater than 100,000. All of these factors combined has resulted in a change in homeless within the region. Homelessness is a complicated issue, as individuals have multiple challenges including mental health, physical health, addictions and trauma. In many cases, chronically homeless individuals have not been housed for a period of years, and require a multi- level approach to maintaining housing. Niagara Region conducted its most recent Point in Time count in March of 2018 and recorded at least 625 people who were experiencing homelessness region wide. Fifty five percent of those recorded were chronically homeless. Sixteen percent were episodically homeless (homeless three or more times in the past year). On average there are 22 households at any given time with chronic shelter histories and a further 60 households that have emergency shelter stays between 100 and 179 days. Not all of these individuals are unsheltered, some of the homeless are housed in emergency shelters, transitional housing or are provisionally accommodated. EXISTING SHELTER ACCOMMODATION Niagara Region provides homeless services through third party contracts. Services include both emergency and temporary housing accommodation for the homeless in various buildings in Niagara Falls. The YWCA provides housing for both men and women at various locations in the City. In addition, the Boys & Girls Club provides emergency shelter and transitional shelter for individuals up to the age of 30. Project Share provides referrals for emergency shelter in various locations and operated the Out of the Cold program last winter, in partnership with St. Andrew's United Church, with additional funding from Niagara Region. The Niagara Falls Out of the Cold shelter provides 20 beds for the homeless, and will open November 1, 2019 for the current winter season. Funding is provided, in part, by Niagara Region. In addition to funding, Niagara Regional staff provide training to operators and volunteers to prepare them to better deal with issues which may arise in the shelter. The City of Niagara Falls provides daytime cooling shelters (summer) or warming centres (winter); public toilets are available in these locations which include: City Hall, Niagara Falls Public Library (Victoria Avenue), Gale Centre and MacBain Centre. The homeless are provided an opportunity to shower and clean up at the Gale Centre. Staff supply soap, shampoo, razor, towel, or feminine hygiene products to Page 38 of 292 3 PBD-2019-68 October 22, 2019 anyone requiring same. These centres are limited to the operational hours of the facility (Gale and MacBain have some evening hours). MUNICIPAL SHELTER Council asked that staff report back on alternative places for the homeless to temporarily sleep. The delegation suggested that a municipal park be identified, indicating that plastic sleep mats are available for those sleeping rough. During the Council meeting it was pointed out there are neighbourhood concerns which would have to be addressed prior to embarking on identifying a municipal park as a place for respite for homeless individuals. Intentional tent cities are not recommended as best practice solutions to supporting homeless persons. These solutions do not provide adequate connections to community supports to assist clients in acquiring income assistance, housing help, referrals to necessary supports and a safe and secure space. City parks are unsupervised, and while there are some security patrols these are not intended to support living within the park, leaving safety concerns for the homeless as well as residents. Municipal parks were not developed with use as a housing support for homeless individuals and as a result most parks do not have the necessary sanitary facilities to accommodate the needs of anyone who may choose to stay there. In addition, this additional use of a park for a homeless camp carries a liability risk to the City not contemplated in current policies and insurance arrangements. Regular garbage patrol would be needed for any encampment. In addition, other municipalities that have sanctioned the use of parks to accommodate homeless campers have found they are not successful and have required extreme measures to evacuate the site, when necessary. The delegation also suggested a prefabricated low barrier respite facility. It was noted that these come with a $2.5 million price tag, which does not include the value of the land and the need for servicing connections. In addition operating funding for the facility and an agency to assume the operations and supervision would be necessary. Staff investigated various municipal facilities to see if they could serve as a temporary shelter. These included: Chippawa Arena, Coronation Centre, Niagara Falls History Museum, the Service Centre, Gale Centre, MacBain Centre and City Hall. None of these facilities are suited to a shelter. The space in these buildings are dedicated to the uses for which they were designed and do not have a room which would accommodate beds. The former City Hall and former Parks, Recreation and Culture buildings are not fit for habitation. Beyond providing four walls and a ceiling, there is the need to provide supervision, janitorial services, bedding and laundry services. Shelters provide case management, food and housing assistance. It was noted that even for a seasonal shelter the staff and volunteers must be trained in dealing with issues which may arise in a shelter including dispute resolution, behavioral issues or substance use. Typically, Niagara Region has provided training to agencies. Page 39 of 292 4 PBD-2019-68 October 22, 2019 Staff has not found a municipal location which would be suited to provide overnight shelter during the fall months and would require an experienced team to staff and supervise the facility. In the past, organizations that have used church halls, etc. have found the process of establishing a shelter to be quite challenging as they address fire code requirements, secure portions of buildings to control movements, address issues of bathroom and kitchen facilities and even navigating neighbourhood implications. Niagara Region is about to enter into the next cycle of contracts to deliver homelessness services and w ill be starting a Request for Proposals (RFP) process in the next few weeks for homelessness services, to serve the region for the next three year period, starting in April 2020. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Many of the organizations (previously listed) that operate shelters in Niagara Falls depend on self-initiated fundraising events, as well as, donations from individuals, corporations and foundations and even seek in-kind contributions to stretch the homelessness dollar. According to a Regional report, Niagara Region provides services through 22 community agencies, including outreach, emergency shelter, supportive housing, transitional housing and prevention programs. Homelessness is largely recognized as a provincial responsibility and as such the funding available through Niagara Region is largely from the Province of Ontario (CHPI and Home for Good) along with Federal and Regional levy funds. Regional Homelessness Services estimates a budget increase of $800,000 will be needed for 2020 to maintain 2019 levels of service. The St. Andrew's United Church Out of the Cold shelter has been allocated $115,000 in Regional funding for the upcoming winter period. City Council committed $20,000 for a shelter manager. This next winter season will be the end of the two-year pilot project, the future of the shelter beyond that is unknown, and subject to the RFP process for homeless services commencing this fall. There is no local municipal budget to help fund a shelter. Monies allocated earlier this month will have to come from municipal reserves. This past winter, in response to a request, Council agreed to fund up to $20,000 to extend the duration of the Out of the Cold shelter. In the end Project Share only needed $5,000 as a local foundation funded the balance. This funding came from reserves. The City provides Project Share with a grant just shy of $300,000 for its operations and support of the food bank. The possibility of providing funding assistance for a shelter should be referred to the 2020 budgeting process, whether Project Share or another organization. It is recommended, in light of Niagara Region’s responsibility as the homeless service system manager, that the City, rather than taking on the operation of a shelter itself, should work with Niagara Region to address local needs. By working with Niagara Region, leveraging agencies identified through the RFP process, many of the issues raised by Councillor Campbell at the August Council meeting, such as: finances, building insurance, liability insurance, trained volunteers, emergency procedures and crisis intervention would be addressed. Page 40 of 292 5 PBD-2019-68 October 22, 2019 While Niagara Region works to address homeless pressures in Niagara, it has been noted Provincial and Federal funding is well below the levels provided to comparative cities. Accordingly, pressure should be brought to bear on the ministries to increase the funding provided to Niagara Region. LIST OF ATTACHMENTS No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd S:\PDR\2019\PBD-2019-68, Report on Homelessness.docx Page 41 of 292 PBD-2019-65 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-65 AM-2019-011, 26CD-11-2019-001 (Revised) Zoning By-law Amendment and Draft Plan of Vacant Land Condominium Vacant Parcel between 7154 Adams Avenue and 6680 Hawkins Street Applicant: Habitat for Humanity RECOMMENDATIONS 1. That Council approve the revised Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwellings zone (R4), to permit 16 townhouse dwelling units on the subject lands, as detailed in this report; 2. That the revised Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. 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; 4. 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; and 5. That the Mayor and City Clerk be authorized to execute the Condomin ium 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. BACKGROUND On August 13, 2019, Council held a Public Meeting to consider Habitat for Humanity’s applications to amend the Zoning By-law (AM-2019-011) and to approve a Vacant Land Condominium (26CD-11-2019-011) for a vacant parcel of land located between 7154 Adams Avenue and 6680 Hawkins Street (See Schedule1). The zoning amendment was requested to rezone the lands from Residential Low Density, Grouped Multiple Dwellings (R4), in part, and Residential 1C Density (R1C), in part, to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to allow the development of 1 6 townhouse dwelling units and a semi-detached dwelling. A total of 18 dwelling units. The Vacant Land Condominium application was to allow the individual ownership of the land units and the dwelling units thereon, with the private road, visitor parking area, and landscaped open space in common ownership. At the Public Meeting a number of residents opposed the application claiming that the project was not compatible with the surrounding neighbourhood. They were concerned about additional traffic in the neighbourhood. They were also concerned about the project’s shortfall of required parking (one space) and that it would result in parking problems in the neighbourhood. In response to the concerns expressed, Council deferred its consideration of the application and asked the applicant to reconsider their proposal. The applicant has Page 42 of 292 2 PBD-2019-65 October 22, 2019 responded to Council and the resident’s concerns by reducing the project by two dwelling units, providing an extra parking space, shifting the location of the required parking, and widening the landscaped buffer between the private driveway and the abutting dwelling to the east (6640 Hawkins Street). Refer to Schedule 2 for details. EXECUTIVE SUMMARY Habitat for Humanity builds and sells units to families allowing them to become homeowners. The units are sold at market value, the purchasers are provided with an interest free mortgage and payments which are set according to income. This project will allow 16 families to acquire housing affordability in the City of Niagara Falls. Habitat for Humanity has requested a revised zoning by-law amendment for the vacant parcel of land located between 7154 Adams Avenue and 6680 Hawkins Street. The land is now requested to be rezoned from Residential Low Density, Grouped Multiple Dwellings (R4), in part, and Residential 1C Density (R1C), in part, to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to allow the development of 16 townhouse dwelling units. The site specific regulations requested include a reduction in the minimum lot frontage and minimum interior side yard width. Habitat for Humanity is also proposing to develop the 0.15 ha site as a Plan of Vacant Land Condominium. Registering a Plan of Condominium on the land will allow the individual ownership of the dwelling units, with the private road and visitor parking area in common ownership. The plan has been revised to reflect the new plan. Planning staff recommend the revised applications for the following reasons: The development complies with Provincial policies with respect to achieving intensification within the Built-Up Area; The development complies with the Regional Official Plan (ROP), with respect to promoting higher density development in Urban Areas and supporting growth that contributes to the overall goal of providing a sufficient supply of housing that is suited to the needs of a variety of households and income groups in Niagara; The proposal will contribute to the City’s annual residential intensifi cation target of 40% as outlined in the ROP; The land is designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential is to be for dwelling units of all types catering to a wide range of households; The Official Plan allows development with a net density between 20 units per hectare and 40 units per hectare on local roads. The proposal provides a net density of 32 units per hectare. As such the proposal is in compliance with the intent of the Official Plan; The requested zoning and the additional regulations recommended by staff will better ensure the compatibility of the development with the neighbourhood; The existing infrastructure can support the proposed development; and The condominium will assist in providing housing choices and will contribute to the City’s required short term housing supply (3 years). Page 43 of 292 3 PBD-2019-65 October 22, 2019 The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the vacant land condominium, are listed in Appendix A. Site Conditions and Surrounding Land Uses The subject lands are generally flat and are currently vacant. The land uses that surround the site include detached dwellings to the north and east and a place of worship to the west. A 3 storey apartment building and James Morden Public school are located further to the west and 3 storey (McLeod Apartments) and 4 storey (Bellagio) apartment buildings are located to the east. Lands to the south contain detached dwellings. Circulation Comments Regional Municipality of Niagara - The lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under the 2017 Places to Grow Plan for the Greater Golden Horseshoe. The PPS directs growth to settlement areas and encourages an efficient use of land, resources, infrastructure, and public service facilities that are planned or available. - The subject lands are designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban Area designation, subject to the availability of adequate municipal services and infrastructure. The ROP promotes higher density development in Urban Areas . The proposal will contribute to the City’s annual residential intensification target of 40%, as set by the ROP. A Phase One ESA (dated April 10, 2019) prepared by GHD Limited concludes that no Areas of Potential Environmental Concern were identified on the subject lands. However, a RSC must be filed with the Ministry of Environment, Conservation and Parks (MECP) for the proposed change in use. It is recommended that the RSC filing occur prior to final approval of the Draft Plan of Condominium. A Functional Servicing Report (dated April 2019) prepared by Uppe r Canada Consultants was submitted with the application. As the Report contains very limited information regarding stormwater management, Regional Staff require the submission of a detailed stormwater management report indicating how a Normal Level of water treatment will be achieved as a condition of Draft Plan approval. As a condition of Draft Plan approval, the Niagara Region requires grading/servicing and erosion/sediment control drawings to be submitted for their review. - Condominium townhouse developments are able to receive internal curbside waste collection through the Region. The Regional Corporate Waste Collection Policy outlines that collection vehicles are not to reverse a distance greater than 15 meters. A condition regarding Regional waste collection is included in Appendix A. Page 44 of 292 4 PBD-2019-65 October 22, 2019 Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas and Canada Post No objections. Requested conditions are included in Appendix A. Second Neighbourhood Open House A second open house was held on September 4, 2019 to introduce the revised proposal with 16 townhouse units to the area residents. Applicant’s planner provided an overview and noted that the plan has been revised to address the neighbour’s concern regarding the density, parking, and landscaping. The revised proposal includes 16 townhouse dwelling units instead of 18 dwelling units as previously proposed. The proposal also provides one parking space above the minimum requirements. Lastly, the driveway to the site has been redesigned to provide additional landscaping between the driveway and detached dwelling on the abutting easterly property. A concern was expressed that vehicle headlights leaving the development will shine into the windows at 6691 Hawkins Street. It was also mentioned that people don’t obey the yield sign at the intersection of Paisley Avenue and Hawkins Street. Staff note that T- intersections are common throughout the City. A yield sign does not require cars to stop if there is no oncoming traffic. Some residents expressed concerns regarding the sewer capacity and felt that construction of additional dwellings will result in sewer backups. Staff has discussed the issue with City’s Municipal Works Division and can confirm that there are no concerns regarding the existing sewer capacity on Hawkins Street. Staff checked with Municipal Works, there were no reports of sewer backups recorded. The residents are also concerned about the time it will take to construct the project. According to the applicant’s agent, the project is expected to proceed in three phases unless funding is available for the whole project to proceed at once. One resident questioned how many lots the subject lands were formerly comprised of. Upon review, staff can confirm that the subject lands consist of rear portions of five exceptionally deep lots (6660 Hawkins Street, 7170, 7182, 7192 and 7202 Adams Street) and one conventionally sized lot (Lot 135, Plan 225). Some residents had concerns with snow storage and garbage collection. The applicant’s planner mentioned that there is adequate room for on-site snow storage and that the garbage would be collected by the Region. Concrete pads are proposed along the private driveway where garbage can be placed for collection. Some residents mentioned that the proposed garbage collection pads would aggravate the existing rat problem in the area. Staff has discussed the issue with the City’s By-law Enforcement Division. Staff has not received any complaints regarding rats along Hawkins Street and Adams Avenue. Finally, concerns were expressed regarding the future occupants of the development. The applicant and his agent provided information regarding Habitat for Humanity and noted that the proposed dwellings are not subsidized and will be sold at market value. Page 45 of 292 5 PBD-2019-65 October 22, 2019 First Neighbourhood Open House The first neighbourhood open house held on June 27, 2019 was attended by 11 area property owners. The residents expressed concerns about the number of dwelling units, traffic, parking spaces, a lack of adequate space for snow storage on-site, and the location of the driveway. The residents were concerned that the proposal was not compatible with the surrounding dwellings and would lower their property values. Residents mentioned that 6681 McLeod Road is for sale and should be purchased and included to eliminate the access on Hawkins Street. The residents also expressed a concern regarding the parking available for the Oakwood Gospel Hall located at the intersection of Hawkins Street and Adam Avenue. Staff advised that the proposal has been reviewed by both the Region and City’s Transportation Services and that there are no traffic concerns. Further, Hawkins Street is a local road that can handle 1,000 cars daily. Staff also reported that the Oakwood Gospel Hall is compliance with the Zoning By-law’s parking requirements. The applicant and his agent provided information regarding Habitat for Humanity and mentioned that the proposed dwellings are not subsidized and will be sold at market value. They mentioned that buying the property on McLeod Road is not a viable option both from a design and financial perspective. ANALYSIS/RATIONALE 1. 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. 2. Official Plan The subject lands are designated Residential, in the Official Plan. The predominant use of land in areas designated Residential is to be for dwelling units of all types catering to a wide range of households. The proposed townhouses would provide an alternative housing choice in the neighbourhood. The Plan encourages a net density between 20 to 40 units per hectare along local roads. The revised proposal provides a density of 32 units per hectare. As such, the proposal complies with the intent of the Official Plan. 3. Zoning By-law The lands are currently zoned Residential Low Density, Grouped Multiple Dwellings (R4), in part, and Residential 1C Density (R1C), in part, in accordance with Zoning By-law No. 79-200. The zoning amendment has been revised. The applicant is now requesting the lands to be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to allow the development of 16 townhouse dwelling units. The requested changes to the standard R4 regulations are summarized in the following table: Page 46 of 292 6 PBD-2019-65 October 22, 2019 ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS – GROUP DWELLINGS Minimum lot frontage 30 metres 15.24 metres Minimum interior side yard width One half the building height ( 10metres / 2= 5 metres) 3.07 metres (westerly) 1.69 metres (easterly) The requested regulations can be supported for the following reasons: - The reduced lot frontage of 15.24 metres can be supported to recognize the existing lot configuration. Lot frontages of this size are common for infill projects. The frontage is sufficient to provide for two-way traffic, complies with fire route requirements, and accommodates landscaping to buffer the neighbouring properties. - Typically a two storey detached dwelling requires an interior side yard width of 1.2 metres. The proposed townhouse dwellings provide a side yard setback of 3 metres along the westerly property line and 1.6 metres along easterly property line. Both setbacks exceed that standard. The applicant’s proposal to provide one parking space above the minimum by-law standards and landscaped buffers on the easterly and westerly sides of the entrance driveway should be included in the amending by-law to address the area resident’s concerns regarding compatibility. Staff recommend that the driveway be shifted an additional metre to the west, towards the parking area of the place of worship, to provide a 5.5 metre buffer to the abutting dwelling to the east. 4. Condominium Design and Conditions of Approval The proposed plan of condominium will divide the land into vacant units of land that can be owned separately along with the dwelling units to be built on them. The plan includes a private driveway off Hawkins Street and a visitor parking area. The scale and height of the proposed dwellings will be compatible with the surrounding detached dwellings. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because development matters (i.e. site servicing/grading, landscaping, lighting, fencing, and waste disposal) are all addressed in the condominium agreement. Appendix A includes the recommended conditions of approval including the review of drainage and storm servicing by the Region and, parkland dedication and installation of the necessary facilities and services for Canada Post 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. Page 47 of 292 7 PBD-2019-65 October 22, 2019 CITY’S STRATEGIC COMMITMENT The proposed condominium complies with the City’s Official Plan. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Revised Draft Plan of Vacant Land Condominium 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:cr Attach. S:\PDR\2019\PBD-2019-65, 26CD-11-2019-001 & AM-2019-011, Vacant Parcel between 7154 Adams Avenue and 6680Hawkins Street.docx Page 48 of 292 8 PBD-2019-65 October 22, 2019 SCHEDULE 1 Page 49 of 292 9 PBD-2019-65 October 22, 2019 SCHEDULE 2 Page 50 of 292 10 PBD-2019-65 October 22, 2019 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated August 16, 2019, showing 16 units of vacant land for dwelling units as well as a common private road and parking areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. The plan should identify a 1.8 metre high wood screen fence along the side and rear yards of abutting residential lots. 7. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 8. The developer design and construct the roadways within the Vacant Land in accordance with City standards. 9. The developer ensure that the existing municipal infrastructure will adequately service the development as demonstrated with a site servicing brief prepared by a Professional Engineer licensed in Ontario. All underground services within the subject lands shall be designed and constructed in accordance with City standards. Note: No looping connections of the existing water main will be permitted at any point within the development. Page 51 of 292 11 PBD-2019-65 October 22, 2019 10. The developer confirm an appropriate storm sewer outlet and obtain all applicable permits. 11. The developer replace all municipal sidewalks damaged during construction in accordance with City standards. 12. The developer prepare a lot grading plan which is designed and constructed in accordance with City standards. 13. The developer pay the applicable Development Charges in place and prior to the release of the Building Permits for the proposed 16 dwelling units in accordance with the By-law No. 2019-69, as amended. 14. The developer submit a Lighting Plan prepared by a Professional Engineer licensed in Ontario. Design to be independently powered and metered. The photometric plan must demonstrate zero impact on the neighbouring property. 15. The developer provide to a stormwater management report prepared by a Professional Engineer licensed in Ontario, including design calculations. Al storm services within the subject lands shall be designed and constructed in acco rdance with City standards. Note: Stormwater runoff must be controlled to the pre-development level for the five (5) year storm event. 16. That the developer provide to the City all proposed site servicing and grading plans for the subject property to the Municipal Works for review and approval prior to the start of construction. 17. The developer relocate an existing utility pole blocking the proposed entrance to the development in consultation with Municipal Works and respective utility compani es and at the expense of the developer. 18. The developer pay to the City the required fees for the administration as per the above. 19. The developer’s engineering consultants provide written acceptance that the works completed conform with the City’s Accepted Drawings and is in accordance with the NPSCD and City’s construction specification. 20. 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 of the Ontario Building Code and post the necessary ‘no parking’ signs. Note: parking shall be prohibited on both sides of the access road. Page 52 of 292 12 PBD-2019-65 October 22, 2019 21. The developer installs an automatic sprinkler system in all residential units, due to lack of a secondary emergency access in accordance with NFPA 13 D. 22. The developer provides additional fire route signage in accordance with the Fire Route By-law. Signs are required at each limit of the fire access route and at intervals not exceeding 15 metres. 23. The developer agrees in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with the existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 24. The developer is hereby advised that prior to commencing any work, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the Developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. 25. If the developer elects not to pay for the connection in condition 23, then the developer will be required to demonstrate to the satisfaction of the Municipality that sufficient alternative communication/telecommunication will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 26. 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 providing cross section and field survey information, and service and meter installation details. 27. That a Community Mail Box (CMB) be located on the site in a location determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 28. 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 designat ed 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 sales. Page 53 of 292 13 PBD-2019-65 October 22, 2019 29. The developer satisfy all requirements of Can ada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation and providing mail service information to property owners. 30. The developer install a concrete pad in accordance with the requirement of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. 31. That following completion of any site remediation, if required, the owner shall file a Record of Site Condition (RSC) on the Ministry of the Environment, Conservation and Parks’ Brownfields Environmental Site Registry in accordance with Ontario Regulation 153/04, as amended by Ontario Regulation 511/09 and that the Owner provide a copy of the Ministry’s written acknowledgement of the filing of the RSC to the Niagara Region Planning and Development Services Department. 32. That the owner provides a written acknowledgement to Niagara Region Planning and Development Services Department stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre- servicing will be at the sole risk and responsibility of the owner. 33. That the owner provides a written undertaking to Niagara Region Planning and Development Services Department stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this subdivision shall contain a clause indicating that servicing allocation for the condominium will not be assigned until the plan is registere d, and a similar clause be inserted in the subdivision agreement between the owner and the City. 34. That verification of the available wet weather sanitary capacity in the South Niagara Falls system required to accommodate development, be submitted for revie w and approval by the Niagara Region and City of Niagara Falls. Based on the information submitted the Region/City will be requiring flow monitoring conditions be included in the agreement to verify, if required, that the estimated wet weather flows are be ing met in the field after construction of the sanitary sewers and before assumption by the City. If the verification is unsuccessful, mitigation measures may be required. 35. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan for the condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991 or their successors to Niagara Region for review and approval: - Detailed lot grading, servicing and drainage plans, noting both existing and proposed grading and the means whereby overland flows will be accommodated across the site; Page 54 of 292 14 PBD-2019-65 October 22, 2019 - Detailed erosion and sedimentation control plans; and - Detailed phasing of construction of the stormwater management facility to coincide with phasing of development of residential lands (interna l and external to the subdivision) planned to be serviced by the stormwater management facility. 36. That the condominium agreement between the owner and the City contain provisions whereby the owner agrees to implement the approved plan(s) required in accordance with conditions 33 and 34. 37. That the developer ensure that all streets and development blocks can provide access in accordance with the Regional Municipality of Niagara Corporate Policy for Waste Collection, and by-laws relating to the curbside collection of waste and recycling 38. That the owner/developer shall comply with the Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement. 39. That the following warning clause shall be included in the Condominium Agreement and inserted in all Agreements of Purchase and Sale or Lease for each of the affected dwelling units:: Owners/Purchasers/Tenants of townhouse units Nos. 1, 4 to 8 (inclusive), 9 and 14 to 16 (inclusive) are advised that to accommodate Regional Waste Collection Service they will be required to bring their waste/recycling containers to the designated waste collection pads on the required collection day. 40. 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. 41. 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 clause pertaining to this condition has been included. A copy of the executed agreement shall also be provided prior to registration. Note: The Planning and Development Services Department recommends that a copy of the draft agreement also be provided in order to allow the incorporation of any necessary revisions prior to execution. 42. In order to request clearance of the above noted Regional conditions. A letter outlining how the conditions have been satisfied, together with all the studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the Page 55 of 292 15 PBD-2019-65 October 22, 2019 applicant as one complete package or circulated to the Niagara Region by the City of Niagara Falls. 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 1-3 (inclusive) - Legal Services for Condition 4 and 5 - Parks Design for Conditions 6 & 7 - Municipal Works Department for Conditions 8-19 (inclusive) - Fire Services for Conditions 20 and 22 - Bell Canada for Condition 23-25 (inclusive) - Enbridge Gas for Condition 26 - Canada Post for Conditions 27-30 (inclusive) - Regional Niagara Public Works Department for Conditions 31-42 (inclusive) Page 56 of 292 Address: Vacant parcel between 7154 Adams Avenue and 6680 Hawkins Street Proposal:16 unit townhouse development Zoning By-law Amendment Application & Draft Plan of Vacant Land Condominium (REVISED) AM-2019-011 and 26CD-11 -2019-001 Applicant – Habitat for Humanity Page 57 of 292 A GREAT CITY…FOR GENERATIONS TO COME Location Subject lands Oakwood Gospel Hall Detached dwellings 3 Storey apartment building (McLeod Apartments) 4 Storey apartment building (Bellagio) Page 58 of 292 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Lot frontage 15.24 m Minimum lot frontage 15.2 metres Minimum interior side yard width 3.07 metres Minimum interior side yard width 1.69 metres Landscape buffer of 5.5 metres Page 59 of 292 A GREAT CITY…FOR GENERATIONS TO COME Background Applicant is proposing to develop a 0.15 ha (0.37ac) as a Plan of Vacant Land Condominium. Proposal will allow for individual ownership of 16 units, with a private road and visitor parking area to be held in common ownership. Propose to rezone lands from Residential Low Density, Grouped Multiple Dwellings (R4), in part, and Residential 1C Density (R1C), in part, to site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. SECOND NEIGHBOURHOOD OPEN HOUSE Revised proposal includes 16 townhouse dwelling units instead of 18 units as previously proposed and the driveway has been redesigned to provide additional landscaping between the development and 6680 Hawkins Street. Open House was held on September 4, 2019, attended by 16 area residents; concerns included: •Vehicles leaving site will shine into the window of 6691 Hawkins Street; •Concerns with insufficient capacity in sanitary sewer (Municipal Works staff confirmed sufficient capacity in sewers to accommodate the development); •Timelines for construction (development most likely completed in 3 phases, dependent of funding); •Number of lots included in the subject lands; •Garbage collection pads aggravate rat problem in the area; •Concerns with future occupants of the development. Page 60 of 292 A GREAT CITY…FOR GENERATIONS TO COME Summary PROVINCIAL POLICY STATEMENT & PLACES TO GROW PLAN •Development complies with Provincial policies with respect to achieving intensification within the Built-Up Area. REGIONAL POLICY PLAN •The development complies with the Regional Official Plan (ROP), with respect to promoting higher density development in Urban Areas and supporting growth that contributes to the overall goal of providing a sufficient supply of housing that is suited to the needs of a variety of households and income groups in Niagara. Page 61 of 292 A GREAT CITY…FOR GENERATIONS TO COME Summary NIAGARA FALLS OFFICIAL PLAN •The proposal will contribute to the City’s annual residential intensification target of 40%; •The land is designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential is to be for dwelling units of all types catering to a wide range of households; • The Official Plan allows development with a net density between 20 units per hectare and 40 units per hectare on local roads. The proposal provides a net density of 32 units per hectare. As such the proposal is in compliance with the intent of the Official Plan. Page 62 of 292 A GREAT CITY…FOR GENERATIONS TO COME Summary Zoning •The requested R4 zone and the additional regulations recommend by staff will ensure the compatibility of the development with the neighbourhood; •The existing infrastructure can support the development; •The reduced lot frontage of 15.24 metres can be supported to recognize the existing lot configuration. Lot frontages of this size are common for infill projects. The frontage is sufficient to provide for two-way traffic, complies with fire route requirements, and accommodates landscaping to buffer the neighbouring properties; •Typically a two storey detached dwelling requires an interior side yard width of 1.2 metres. The proposed townhouse dwellings provide a side yard setback of 3 metres along the westerly property line and 1.6 metres along easterly property line. Both setbacks exceed that standard. Page 63 of 292 A GREAT CITY…FOR GENERATIONS TO COME Summary VACANT LAND CONDOMINIUM •The condominium will assist in providing housing choices and will contribute to the City’s required short term housing supply (3 years); •Design has been reduced from 18 units to 16 units; •Realignment of driveway provides landscaping on either side together with pedestrian sidewalk. Staff recommends a 5.5 metre landscaping strip on east side of driveway; •Visitor parking is improved from the previous plan; •Garbage collection area improved; •The conditions of draft plan approval, addressing servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the . of the vacant land condominium, are listed in Appendix A. • Page 64 of 292 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) , to permit the 16 unit townhouse dwelling units, subject to the regulations outlined in Report PBD-2019-65. Page 65 of 292 HAWKINS STREET DEVELOPMENT NIAGARA FALLS APPLICATIONS FOR DRAFT PLAN OF VACANT LAND CONDOMINIUM AND ZONING BY-LAW AMENDMENT 26CD-11-2019-001 AM-2019-011 Craig Rohe, MCIP, RPP Page 66 of 292 Page 67 of 292 Page 68 of 292 Changes Based on the previous public meeting and Council feedback, the follow edits were made to the plan: •Reduction of units from 18 to 16 (semi-detached dwelling removed) •Inclusion of a sidewalk •Realigned roadway and removal of parallel parking •Increased side yard setback for Unit 6 (1.1m to 5 m) •Larger buffer between private driveway and 6680 Hawkins Street. (Increase from 3.05m to 4.59 m) •Additional visitor parking space (7 now provided) The implementation of these changes have reduced the site specific provisions to: •Interior side yard setbacks •Existing frontage Page 69 of 292 Public Concerns Additional Open House Held on September 4, 2019. The revised plan was circulated in advance of the meeting, and a walkthrough of the changes were provided by Upper Canada Consultants. The following concerns were voiced by the neighbours: •Existing frontage deficiency •Density of the development and type of dwelling units •Traffic, parking and impacts on Hawkins Street •Waste collection •If the lots were legally created •Water and sewer capacity Page 70 of 292 Applicant Position •The provided development provides housing for those in need. Housing is a Council priority. •Council and public concerns have been addressed to the best of our ability. •The application conforms to and meets the intent of Provincial, Regional and Local policy. •Comments from review agencies, including Niagara Region are supportive. •The staff recommendation is to approve the applications. •Matters regarding engineering, lighting and landscape will be addressed through the clearance of conditions process to the satisfaction of City staff, Council and the review agencies. Page 71 of 292 Planning Department City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 2X5 Habitat for Humanity 150 Bunting Road St. Catharines, Ontario L2P 3G5 Dear Sirs: 7121 Adams Avenue Niagara Falls, Ontario L2G SG9 September 4, 2019 Re: Second Open House Draft Plan of Vacant Land Condominium Zoning By -Law Amendment Application Planning I/ Scanned 'I Flle: [I m-zoi9- oii As requested, we are providing our comments once again concerning the proposal set forth by Habitat for Humanity above-mentioned, but first let me say the second proposal is nothing more than the elimination of the semi detached home and in light of our previous comments from the neighbours as well as the comments set forth by the City of Niagara Falls Council Members, I find this insulting. Our concerns are as follows: 1. The physical dimension proposed, 2. Limited parking, 3. Safety concerns with respect to emergency vehicles and garbage trucks having to back out of the development, 4. Removal of snow, 5. Congestion with cars parking on the roadway causing it unsafe for children in the area. SEP 0 5 2019 PLANNING Page 72 of 292 Page 2 6. A development as proposed will surely decrease the property values in the area, 7. Three years or more of continuous construction will certainly take its toll on the surrounding subdivision due to dirt, dust, mud, and noise pollution, A project of this magnitude will surely cause havoc not only for the existing residents but those who will be occupying the proposed townhouse condominiums as well. The overload will cause stress, dissension, discontent and anxiety for all parties. We would be willing to discuss this matter further and propose the following: 1. Four semi detached homes (eight units) situated at the south end of the property, 2. Construction of a circular driveway/roadway with no parking on the driveway/roadway, 3. Construction of a parking lot for eight vehicles plus the required disability parking spots on the east side of the property, 4. A designated playground for the children on the west side of the property, 5. Separate dedicated wastewater system, 6. Dedicated contained garbage disposal area on the east side of the property. 7. Total completion of the development within one year. We look forward to our discussions. Page 73 of 292 Mayor and Council Members Director of Planning, Building & Development City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members: 7121 Adams Avenue Niagara Falls, Ontario L2G 5G9 August 12, 2019 Re: Vacant Parcel Between 7154 Adams Avenue and 6680 Hawkins Street City File: 26CD-11-2019-001 City File: AM -2019-011 C.s lit/ Planning AScannetl x411- 20/47, On behalf of myself and my spouse Reg, we wish to express our opposition on the proposed Zoning By-law Amendment with respect to the above-mentioned to allow rezoning of the lands to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone for the proposed townhouse development of 18 dwelling units for future sale. As we are sure you are aware, a Petition has been signed by all residents in the direct area of this vacant land and presented to the Planning Department. We wish to set forth our reasons for objection as follows: allowing a reduction to the minimum lot frontage, minimum rear yard depth, minimum privacy yard depth, minimum interior side yard width and parking requirements will greatly affect the Hawkins and Adams Avenue residents personal enjoyment of their property and surroundings who are in direct proximity to this parcel of land. Such a small lot size will certainly create an overflow of activity in the area. this would be an overbuild in a small area which allows for only 6 visitor parking spots to accommodate 18 homes and with each home having only one parking spot in their driveway a single entrance and exit to the proposed development will cause significant congestion to Hawkins and Adams Avenue in view of each home having more than one vehicle in all likelihood CEIVED AUG 12 2019 PLANNING Page 74 of 292 Pge 2 there are a significant number of young children and school buses travelling through Hawkins and Adams Avenues several times a day and the additional traffic created by the addition of homes will surely cause grave difficulty construction of a new street from the townhouse development will exit directly into the driveway of 6691 Hawkins and a few feet from the exit of Paisley Avenue, once again causing congestion increased dangerous vehicle traffic to McLeod Road and Dorchester Road having only one entrance and exit to the development, danger to multiple electric scooters and electric wheelchairs by seniors and disabled persons using Hawkins and Adams Avenue to access McLeod Road for their shopping allowing a development of this size in the area proposed will certainly cause extreme stress and grave difficulty to the neighborhood residents. We take the position that by allowing this proposal to proceed would be a gross over development of the area thereby causing a dire hazard, extreme congestion and overbearing stress to the present homeowners as well as a grave invasion of our rights and entitlement to peaceable enjoyment of our homes. Janice Pel etier Page 75 of 292 y K.%o //ra//l -- kAr r_ tP ( ,A.) a 6 « - I I I S, nipt %'/flK,.jG Planning3cennetl la uls 6ca->'(-vvly-sol Zo 17 —vvl jLF(Llrvog (2e%uL/63(o ! 4-etr n%u,KBt'x C)4% Ld6" -/Fl id !-co - /w_iQ bmb1oj6 o e<)dve ti 4),4 y. r ra l.c.)oic der a'cfKs a o l/a Sv,o S 6. o uST /Q' 1// • t v%L• /l-oLA GDW 0r/c3 acrs amu: O/- (S/-rs b2fcy Sorpd /J a/L r_-L,c C7'n /c'r 4Si W/Sft /% G,rJ.5+5 1497' 0 S /, c.rc d F ,5 I ,y./::*. o• I RECEIVED SEP 0 3 2019 PLANNING --- - DEVELOPMENT I Page 76 of 292 I Matter s C At DSBN AM_'a old k Planning Scanned DISTRICT SCHOOL BOARD OF NIAGARA 191 Carlton St.. St. Catharines, ON • 1_211 7P4 • 905-641 1550 . dsbn.org June 25, 2019 Mr. Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls P.O. Box 1023 Niagara Falls, ON 1_2E 6X5 Dear Mr. Herlovitch: Re: Draft Plan of Condominium (Vacant Land) 7154 Adams Ave and 6680 Hawkins Street File No. 26CD-11-2019-001 Thank you for circulating the District School Board of Niagara (DSBN) the above noted application for Draft Plan of Condominium (Vacant Land). The purpose of the application is to subdivide the property for 18 group townhouse dwellings. The applicant has also submitted a Zoning By-law Amendment application to rezone the lands accordingly to facilitate the residential development. DSBN Planning staff has completed its review and has no objections to the application. Future students from this area would attend James Morden Public School (Gr. JK -8) and Westlane Secondary School (Gr. 9-12). If you have any questions, please feel free to contact me at ext. 54225 or by email at sue.mabee@dsbn.or¢ Sincerely, 4_lcd Sue Mabee, MCIP, RPP Supervisor of Planning Services Page 77 of 292 M Smning Scanned File: a . A-a n 9- Oil Petition This petition is against the proposal for a combined application for draft plan of vacant land condominium and zoning By -Law of the Applicant, Upper CanadaConsltants and the Property Owner, Habitat for Humanity Niagara Amendment at Hawkins Street and Adams Avenue, Niagara Falls, Ontario We the undersigned are oppposed to the above and ask that council of the City of Niagara Falls not pass the proposal setout and support the opposition of neighbouring residents. Name Address Phone # Email Signature I/ 2"4078&.03 6R J 4A.41klt O(S 7/ 74) 1 S?- rCA, gal C Ido('Jq C.; ),coo, U Ir -7 e os' 3,PYI%v Page 78 of 292 Name Address Phone # Email Signature bqi nl yes-3s3-U,9 AIA C.nwNe., (9(7 30 Hqw s 5 yes 322 ac q . JO0 Ur-jmA 2AVO (o'2 1 AwKW& st, qOs 3TI I 3 Cateierio-e E3sz.yo G 6Go -Hawk(, r S-( qur 3ai yq,? les 0s zl. ke-cpy osv 3 vLAJ 0 162 0. 6 6( C) G/0 A jg-3 q-I-8 q 0-W'A5 3 -4 IV79 SAM tiILte-4 669d 14/+K s FdZffiyc&ScMLt2/+cA 6y'Sy 14,4)Ldk(,iS rlz , v De -Lf -L- 66 4 a U F, , 1i. 9 of 34 —3367 1Z -,2/t (/ t/,) lJ? / I 7a s- - 3 sG _ s -i vy r-137 Page 79 of 292 Name Address Phone # Email Signature Page 80 of 292 PBD-2019-64 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-64 AM-2019-012, Zoning By-law Amendment Application 6353 Carlton Avenue Applicant: Anthony Continelli Proposal: 32 Unit Townhouse Development RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwelling (R4) Zone, to permit a 32 unit townhouse development, as detailed in this report. EXECUTIVE SUMMARY Anthony Continelli has requested a zoning by-law amendment for the lands known as 6353 Carlton Avenue. The lands are requested to be rezoned from the Residential 1C Density (R1C) Zone to a site specific Residential Low Density, Grouped Multiple Dwelling (R4) Zone, to allow a 32 unit townhouse development. The site specific regulations requested for the R4 zone include a reduction to the minimum front yard depth, rear yard depth, minimum interior side yard width, privacy yard depth, and an increase in maximum lot coverage. Planning staff recommends the application for the following reasons: The development complies with Provincial policies with respect to achieving intensification within the Built-Up Area; The development complies with the Regional Official Plan (ROP), with respect to promoting higher density development in Urban Areas and supporting growth that contributes to the overall goal of providing a sufficient supply of housing that is suited to the needs of a variety of households and income groups in Niagara; The proposal will contribute to the City’s annual residential intensification target of 40% as outlined in the ROP; The lands are designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households; The Official Plan encourages the development of vacant land and under -utilized parcels in the Built-up Area; The requested zoning will provide appropriate regulations for the development and will ensure its compatibility with the established neighbourhood; and Page 81 of 292 2 PBD-2019-64 October 22, 2019 The existing and planned infrastructure can support the proposed development. BACKGROUND Proposal Anthony Continelli has requested a Zoning By-law amendment for the subject lands known as 6353 Carlton Avenue, located on the west side of Carlton Avenue, opposite Ash Street (Schedule 1). The lands are currently zoned the Residential 1C Density (R1C) Zone, in accordance with the Zoning By-law No. 79-200. The applicant is requesting a site specific Residential Low Density, Grouped Multiple Dwelling (R4) Zone to allow a 32 unit townhouse development. The site specific regulations requested for the R4 zone include a reduction in minimum front yard depth, rear yard depth, minimum interior side yard width and privacy yard depth and an increase in maximum lot coverage. Schedule 2 shows the details of the proposed development. Site Conditions and Surrounding Land Uses Rainbow Nursery previously occupied the subject lands. The lands are currently vacant.. Lands to the west, east and south contain detached dwellings. A.G Bridge Park abuts a portion of the lands to the north. Circulation Comments Information regarding the requested Zoning By-law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara The land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Delineated Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. The subject land is designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban Area designation. The ROP promotes higher density in Urban Areas and supports growth that contributes to the overall goal of providi ng a sufficient supply of housing that is affordable, accessible and suited to the needs of a variety of households and income groups in Niagara. The proposal aligns with the Regional policies. Page 82 of 292 3 PBD-2019-64 October 22, 2019 The Region has no objection to the proposed development as t he applicant has already filed a Record of Site Condition (RSC) in accordance with O. Reg. 153/04 under the Environmental Protection Act. - The Region will require that future planning applications include verification of the available wet weather sanitary sewer capacity in the South Niagara Falls system and required mitigation measures to accommodate development to the satisfaction of the Region and City. In order to satisfy this requirement , a Sanitary Sewer Servicing Design Brief must be submitted at the Site Plan or Draft Plan of Condominium approval stage. - Servicing and stormwater management issues will be addressed at the Site Plan or Draft Plan of Condominium approval stage. Transportation Services, Municipal Works, Building Services and Fire Services No objections. Neighbourhood Open House A neighbourhood open house was held on September 18, 2019 and was attended by 8 area residents, the developer, a representative of the developer and City staff. The residents raised concerns regarding the additional traffic generated by the proposed development and wanted to know if a traffic study was submitted as part of the application. Some residents wanted to know the height of the fence the developer is proposing to construct along the common lot lines. They requested an 8 foot high fence instead of a standard 6 foot high fence. Some residents had questions regarding the existing mature trees on the property and wanted to know if the trees will be removed or if there was any possibility of saving the trees. Some residents requested information regarding building elevations. One of the residents wanted to know if there was sufficient capacity in the existing sewers to accommodate the proposed development and had questions regarding snow storage and garbage collection. Staff mentioned that the proposed development had been reviewed by the City’s Transportation Services and they have expressed no concerns with the proposed development. Based on the comments received, Carlton Avenue can accommodate the additional traffic generated by the proposed development and the level of service on Carlton Avenue is not expected to be reduced. The developer agreed to provide an 8 foot high fence along the perimeter of the subject lands and also agreed to explore the possibility of incorporating some of the existing trees into the site design. The developer’s agent shared the elevation drawings with the residents. The residents were satisfied with the building design, which showed the front of dwelling to be two-storey and the rear portion of the dwelling to be one storey. This addressed the residents concern for privacy. Regarding the servicing issue, based on comments received from City’s Municipal Works Division, the existing sanitary sewer along Carlton Avenue can accommodate the proposed development. The developer mentioned that the proposed Page 83 of 292 4 PBD-2019-64 October 22, 2019 development will be a condominium and the condominium board would be responsible for site maintenance, which includes snow removal and garbage collection. ANALYSIS/RATIONALE 1. Provincial Policies 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. 2. Official Plan The subject lands are designated Residential, in the Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households. The proposed townhouse development would provide an alternative housing choice in the neighbourhood. The Plan encourages net density between 20 to 40 units per hectare along local roads. The proposal provides a density of 29 units per hectare. As such, the proposal complies with the intent of the Official Plan. 3. Zoning By-law The lands are currently zoned the Residential 1C Density (R1C) Zone, in accordance with Zoning By-law No. 79-200. The applicant is requesting a site specific Residential Low Density, Grouped Multiple Dwelling (R4) Zone to allow a 32-unit townhouse development. The changes requested to the standard R4 regulations are summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS Minimum front yard depth 6 metres 5.4 metres Minimum interior side yard width One–half the building height (7.8 m/2) = 3.39 m 2.0 metres Minimum rear yard depth 7.5 metres 6 metres Minimum privacy yard depth 7.5 metres 6 metres Maximum lot coverage 35 % 43.2% Staff can only support the requested reduction to the minimum interior side yard and an increase in the maximum lot coverage for the following reasons: - A reduction to the minimum interior yard width to 2 metres is requested for the end units located along the north and south property line. Typically, a detached Page 84 of 292 5 PBD-2019-64 October 22, 2019 dwelling requires an interior side yard of 1.2 metres and the proposed setbacks of 2 metres exceed that standard. - An increase in lot coverage is to accommodate the larger building envelope. As the proposal provides sufficient landscaping on the property, an increase in lot coverage would have no perceivable impact on the abutting residents. Staff recommended revisions to the site plan to address the comments provided by the area residents at the neighbourhood meeting and to provide a more compatible development. The applicant has updated the site plan to include these recommendations. The recommended regulations are mentioned below: ZONE REGULATIONS EXISTING REGULATIONS PROPOSED REGULATIONS Minimum front yard depth 6 metres 6 metres Minimum rear yard depth 7.5 metres 7.5 metres for Building Nos. 4, 5 and 6 (west lot line) 6.5 metres for Building Nos. 1 and 2 (north and south lot line) 6.3 metres for two units for Building No. 3 (south east corner of the property) 12 metres for three units for Building No. 3 ( south east lot line) Minimum privacy yard depth 7.5 metres 7.5 metres for Building Nos. 4, 5 and 6 6.5 metres for Building Nos. 1 and 2 (north and south lot line) 6.3 metres for two units for Building No. 3 (south east corner of the property) 12 metres for three units for Building No. 3 (south east lot line The following regulations are recommended for the following reasons: A setback of 6 metres along Carlton Avenue will aid in maintaining a uniform streetscape. The 7.5 metre rear and privacy yard setback along the west property line (Building Nos 4, 5 and 6) will help in mitigating the privacy concerns raised by the residents. Page 85 of 292 6 PBD-2019-64 October 22, 2019 Though a 6.5 metre privacy yard depth along the north and south property line (Building Nos. 2 and 3) is less than the required 7.5 metre, however, is sufficient to provide adequate amenity area for the future residents. Further the proposed Building Nos. 2 and 3 are located in the interior side yard. Typically, a side yard of 1.2 metres is required between the two detached dwellings. The proposed setback of 6.5 metres will help in mitigating any loss of privacy for the abutting dwellings located along the north (6317 Carlton Avenue) and south (6371 Carlton Avenue) property line. Two corner units of Building No. 3, located along the southeast corner of the property provide a privacy yard depth of 6.3 metres. Although this setback is less than ideal, it is acceptable due to the irregular shape of the parcel at this location. Further, the setback of 6.3 metres will have no measurable impact on the privacy of the abutting easterly property because it is deep property and the existing dwelling thereon is approximately 15 metres (49.2 feet) to the east. Lastly, the remaining three units of Building 3 provide a rear yard that exceeds the by-law requirements. 4. Site Plan Control/Draft Plan of Vacant Land Condominium The proposed development will be subject to either a Site Plan or Draft Plan of Vacant Condominium application. At the draft plan of Vacant land condominium or site plan stage, detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. CITY’S STRATEGIC INITIATIVE The application does not affect any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:cv Attach. S:\PDR\2019\PBD-2019-64, AM-2019-012, Zoning By-law Amendment, 6353 Carlton Av.docx Page 86 of 292 7 PBD-2019-64 October 22, 2019 SCHEDULE 1 Page 87 of 292 8 PBD-2019-64 October 22, 2019 SCHEDULE 2 Page 88 of 292 Address:6353 Carlton Avenue Proposal:32 unit townhouse development Zoning By-law Amendment Application AM-2019-012 Applicant –Premium Building Group (1473941 Ontario Ltd.) Page 89 of 292 Location Detached dwellings A.G Bridge Pak Page 90 of 292 Site Plan Minimum interior side yard width 2 m Minimum rear yard & Privacy yard depth 6.3 m Maximum lot coverage 43.2 % Minimum interior side yard width 2 m Building No.3 Building No.6 Building No.5 Building No.4 Building No.1 Building No.2 Minimum rear yard & Privacy yard depth 6.5m Minimum rear yard & Privacy yard depth 6.5 m Minimum rear yard & Privacy yard depth 7.5 m Minimum front yard depth 6 m Page 91 of 292 A GREAT CITY…FOR GENERATIONS TO COME Background Applicant is proposing to rezone lands from Residential 1C Density (R1C), to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. NEIGHBOURHOOD OPEN HOUSE Held on September 18, 2019, attended by 8 area residents; •Will generate additional traffic on Carlton Avenue, which is a local street (local road have a capacity to carry 1,000 cars daily); •Request to install a 8 foot fence along the perimeter of the property (applicant will be installing a fence). •Possibility of protecting the existing mature trees on the property. •Sufficient capacity in existing sewers to accommodate additional flows generated by the development. Page 92 of 292 A GREAT CITY…FOR GENERATIONS TO COME Summary PROVINCIAL POLICY STATEMENT & PLACES TO GROW PLAN •Proposal complies with Growth Plan as it supports a more efficient use of underutilized parcels. NIAGARA FALLS OFFICIAL PLAN •Land is designated Residential in the Official Plan providing dwelling units of all types catering to wide range of households; •Proposal is within density limits established in the Official Plan (29 units per hectare); •Will assist the City in meeting its 40% intensification target for the Built-Up Area; •Existing infrastructure can support the proposed development. A servicing design brief will be required at the time of Site Plan Approval or as a condition of condominium approval. Page 93 of 292 A GREAT CITY…FOR GENERATIONS TO COME Summary ZONING •a 6 m front yard setback will maintain a similar front yard to adjacent dwellings; •a 7.5 m rear yard setback on the west side is the same requirement as detached dwellings; •a privacy yard of 6.5 m for Buildings 1 and 2 is greater than the standard 1.2 m setback required if this were the side yard of a detached dwelling; •a privacy yard of 6.3 m for Building 3 affects only a portion of the building and provides adequate amenity space. It abuts the rear yard of a dwelling on Carlton Avenue; •the interior side yards of 2 m for Buildings 3, 4 and 6 are in excess of 1.2 m side yard which would be required for a detached dwelling; •requested zoning will provide appropriate regulations for the development and will ensure it is compatible with established neighbourhood. Page 94 of 292 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Low Density, Grouped Multiple Dwellings (R4), to permit the 32 unit townhouse development, subject to the regulations outlined in Report PBD-2019-64. Page 95 of 292 PBD-2019-63 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-63 26CD-11-2019-003 Plan of Vacant Land Condominium 6894 Garner Road Applicant: VGroup Holdings Ltd. (Sam Vecchi) RECOMMENDATIONS 1. That the proposed Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the futur e registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY VGroup Holdings Ltd. (Sam Vecchi) is proposing to develop a 0.2 ha (0.5 ac) parcel of land, known as 6894 Garner Road as a Plan of Vacant Land Condominium. The condominium will divide the land into 7 units of land with a common private road, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwelling units. Planning staff recommends the application for the following reasons: The development is consistent with Provincial policies with respect to achieving intensification within the Built-Up Area; The development is in conformity with the City’s Official Plan and Zoning By-law No. 79-200, as amended, and will be compatible with the surrounding development; The condominium will assist in providing housing choices in this neighbourhood; and City and Regional interests will be addressed through the fulfillment of the conditions contained in Appendix A. Page 96 of 292 2 PBD-2019-63 October 22, 2019 BACKGROUND Proposal VGroup Holdings Ltd. is proposing to register a Plan of Vacant Land Condominium on the subject 0.2 hectare (0.5 acre) parcel of land known as 6894 Garner Road. This plan will permit the creation of land units (parcels) for the future sale of the 7 proposed townhouse dwelling units. Schedule 2 shows the proposed unit layout. The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -1063), in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2018-66. The proposed condominium complies with the site specific zoning that was approved for the development of the site in 2018. Site Conditions and Surrounding Land Uses The subject land is occupied by a detached dwelling and associated landscaped areas and parking. The existing detached dwelling will be demolished to facilitate the site’s development. The land is surrounded by detached dwellings to the north, east and south, while agricultural uses are located to the west. Circulation Comments Regional Municipality of Niagara (the Region) No objections. The Region provided several conditions to address servicing, waste disposal and warning clause requirements. These conditions are included in Appendix A. Municipal Works, Parks Design, Fire Services, Canada Post No objections. Requested conditions are included in Appendix A. Transportation Services No objections. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to be consistent with Provincial policies. These policies currently direct the City to facilitate residential intensification by directing 40% of all residential development to built-up areas. The subject lands are within the built boundaries of the City. The proposed development will assist in meeting these targets and is a form of residential intensification promoted by the Province. 2. Official Plan The subject land is designated Residential in the City’s Official Plan. Residential lands are permitted to be developed with a variety of housing types, including Page 97 of 292 3 PBD-2019-63 October 22, 2019 townhouses, between a density of 20 and 40 units per hectare. New developments are to be of a height, massing and provide setbacks tha t are in character with the surrounding development. The proposed development conforms to the Official Plan as follows: the proposed townhouses will have an overall density of 34 units per hectare, which conforms to the Official Plan and will provide an additional housing choice in this neighbourhood, the townhouses front onto an arterial road (Garner Road) and as such is expected to be developed with higher density residential uses; and the proposed development will be similar to the height, building setbacks and massing of the nearby residential development. 3. Zoning By-law The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -1063) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2018- 66. The zoning permits the development of townhouse dwellings subject to site specific rear yard, lot coverage and manoeuvring aisle width regulations. The proposed development conforms to the regulations. Conditions in Appendix A address the review of drawings to ensure compliance. 4. Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the land into units of land that can be sold separately. The plan includes a private common road with access off of Garner Road, visitor parking and amenity areas. The design of the proposed dwellings will be compatible with surrounding dwellings. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because the development matters (i.e. site servicing/grading, landscaping, lighting, fencing and waste disposal) are addressed in the condominium agreement. Appendix A includes the recommended conditions of approval including the review of servicing by the City, parkland dedication and installation of the necessary facilities and services for Canada Post and Enbridge. In addition, wood fencing should be provided to screen adjacent detached dwellings from the development. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works, mitigation measures and warning clauses. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions, cash-in-lieu of parkland dedication and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed condominium complies with the City’s Official Plan. Page 98 of 292 4 PBD-2019-63 October 22, 2019 LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Condominium Plan Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:gd Attach. S:\PDR\2019\PBD-2019-63, 26CD-11-2019-003 6894 Garner Road.docx Page 99 of 292 5 PBD-2019-63 October 22, 2019 SCHEDULE 1 Page 100 of 292 6 PBD-2019-63 October 22, 2019 SCHEDULE 2 Page 101 of 292 7 PBD-2019-63 October 22, 2019 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by J. D. Barnes Limited, dated June 21, 2019, showing 7 units of vacant land for townhouses as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing wood fencing along adjacent lot lines, privacy fencing/buffering between units, fence details, plantings including tree planting and patios to the satisfaction of Parks Design. 7. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal to 5% of the appraised value of the lands subject to this condominium as determined by a qualified appraisal, to the satisfaction of the City. 8. The developer provide a 1.5 metre wide sidewalk, complete with tactile warning surface at the intersections, along the east side of Garner Road across the frontage of the subject parcel. 9. The roadway, underground services, lot grading and construction shall all be designed and constructed in accordance with City standards. The developer shall provide all servicing, grading and photometric plans for review and approval prior to start of construction and ensure that the existing municipal infrastructure will adequately service the development as proposed. Note that no looping connections of the existing watermain will be permitted at any point within the development (single connection to the municipal distribution network only). Page 102 of 292 8 PBD-2019-63 October 22, 2019 10. The grading concept shall adhere to the City’s Lot Grading & Drainage Policy as amended. 11. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 12. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2019-69, as amended. 13. The developer pay the City the applicable required fees for administration. 14. That the developer’s 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. 15. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property. The fire access route shall comply with the requirements of the Ontario Building Code and the necessary ‘No Parking’ signs shall be provided and installed at the developer’s expense. 16. 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. 17. That a Community Mail Box (CMB) be located determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale 18. 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. 19. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works and concrete pads, illustrating the CMB on engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. Page 103 of 292 9 PBD-2019-63 October 22, 2019 20. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. Note: The developer is hereby advised that prior to commencing any work, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for the above noted connection, then the developer will be required to demonstrate to the satisfaction of the City that sufficient alternative communication/telecommunication will be provided to enable, at the minimum, effective delivery of communication/telecommunication services f or emergency management services (i.e. 911 Emergency Services). 21. The following clauses be included in the condominium agreement: “Purchasers/Tenants are advised that due to the proximity of this development to designated agricultural lands, future agricultural activities may result in impacts (e. g. noise, dust and/or odour) that may occasionally interfere with some activities of the dwelling occupants.” “The owner ensures the development is in accordance with Niagara Region’s Corporate Policy for Waste Collection and completes the Application for Commencement of Collection.” “Owners/Purchasers/Tenants are advised that in order to accommodate Regional waste collection services, they will be required to bring their waste/recycling to the curbside of Garner Road in clearly marked containers on the designated collection day.” 22. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the developer. 23. The developer submit a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. Page 104 of 292 10 PBD-2019-63 October 22, 2019 Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of Niagara Region. 2. Prior to final approval for registration, a copy of the executed condominium agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. Niagara Region recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revisions prior to execution. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the developer as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 3 (inclusive) - Legal Services for Conditions 4 and 5 - Parks Design for Conditions 6 and 7 - Municipal Works for Conditions 8 to 14 (inclusive) - Fire Services and Building Services for Condition 15 - Enbridge Gas for Condition 16 - Canada Post for Conditions 17 to 19 (inclusive) - Bell Canada for Condition 20 - Regional Development Services for Conditions 21 to 23 (inclusive) Page 105 of 292 Address: 6894 Garner Road Plan of Vacant Land Condominium Applicant: Vgroup Holdings Ltd. (Sam Vecchi) File: 26CD-11 -2019-003 Proposal: 7 townhouse dwelling units with a common private road, visitor parking and amenity areas Page 106 of 292 A GREAT CITY…FOR GENERATIONS TO COME Location Subject lands Single detached dwellings Single detached dwellings Agricultural uses Page 107 of 292 A GREAT CITY…FOR GENERATIONS TO COME Background •A Vacant Land Condominium is proposed for 6894 Garner Road to permit the creation of vacant land units (lots) for the future sale of 7 townhouse dwelling units. •Property was zoned site specific Residential Low Density, Grouped Multiple Dwellings (R4-1063) in 2018. Page 108 of 292 Plan of Condominium Page 109 of 292 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICY STATEMENT & A PLACE TO GROW PLAN •Complies with Provincial and Regional policies with respect to achieving intensification and a range of housing within the Built-Up Area. NIAGARA FALLS OFFICIAL PLAN •Is in conformity with the City’s Official Plan, with a density of 34 units per hectare. ZONING •It conforms to By-law No. 79-200, as amended by By-law No. 2018- 60. The R4-1063 zoning of the property provides appropriate regulations for future development. Page 110 of 292 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis VACANT LAND CONDOMINIUM •The conditions attached to the report will ensure development will occur as outlined; •These conditions include the provision of wood fencing to screen adjacent detached dwellings. •2 visitor parking spaces are provided on site; and •The condominium will assist in providing housing choices and contribute to the City’s required short term housing supply (3 years). Page 111 of 292 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1. That the proposed Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. Page 112 of 292 CD-2019-13 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2019-13 Fee Waiver Applications Knights of Columbus & Niagara Catholic Foundation and Project Share of Niagara Falls RECOMMENDATION That Council approve the Fee Waiver Applications for: 1) Knights of Columbus & Niagara Catholic Foundation for the “Flying Fathers Hockey Game” in the amount of $494.90 for the waiver of the 2 hour ice rental fee. 2) Project Share of Niagara Falls Inc., in the amount of $515.84 for the waiver of the building permit fee associated with their renovations. EXECUTIVE SUMMARY Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. Previously, the process for waiving fees was that a user group would send through communication to the Clerk’s office to be placed on the agenda for the consideration of Council. In same cases, very little information was known about a particular event, including the actual dollar figure that Council was being asked to consider waiving. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper , positively impacting the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: Page 113 of 292 2 CD-2019-13 October 22, 2019 Park permit fees Rental of City Property Road Closure Fees Staffing costs outside normal operations Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to: Registered charities Arts and culture organizations Athletic and social clubs Service clubs Neighbourhood groups and organizations, School associations BACKGROUND A review of the attached completed Fee Waiver Application from Knights of Columbus & Niagara Catholic Foundation shows that the request is for the waiver of fees for the 2 hour ice rental. The cost of the ice rental would total $494.90. A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of the policy. The Event Description details the following: Flying Fathers will play hockey against Niagara high school students. Fundraising event for local charities. Event will raise money and entertain spectators. A review of the attached completed Fee Waiver Application from Project Share of Niagara Falls Inc. shows that the request is for a building permit fee associated with their renovations , which would entail the waiving of $515.84. A review of the application depicts that the organization is a not-for-profit incorporated group, which is in keeping with the intent of the policy. Page 114 of 292 3 CD-2019-13 October 22, 2019 FINANCIAL IMPLICATIONS/BUDGET IMPACT If both applications are approved, the combined total of $1010.74 in fee waivers would be withdrawn from funds aside in the 2019 operating budget. It would also put the Fee Waiver Request Fund ‘over budget’ by $9,844.57. If approved, staff may need to draw from reserves to cover the deficit. The chart below shows a breakdown, to date, of the fee waivers approved by Council in 2019. ORGANIZATION / EVENT FEES WAIVED BY COUNCIL Women’s Place Book Riot 6,816.20 Royal Canadian Legion Parade 980.00 St. Paul HS Food Trucks 150.00 A.N. Myer HS Food Trucks 150.00 Celebrate Old Downtown - Cruising the Q 6,300.00 NF International Marathon 11,000.00 MYAC 50 cent Bus Rides (March Break) 1,230.75 Committee of Adjustment Application 2,100.00 Day of 1000 Musicians 3,167.28 Celebrate Old Downtown 400.00 Bickles Hardware: 100th Anniversary 1,450.00 Project Share Travelling Tapas – Sun.Oct.6th, 2019 2,888.05 Project Share – Good News Breakfast 4,407.00 Project Share – North vs. South Challenge 6,537.05 Livestock Niagara 282.50 Niagara SPCA Humane Society 325.00 Saint Paul Food Trucks 150.00 Hallow Queen Fright Fest 500.00 TOTAL APPROVED TO DATE: $48,833.83 Additional Requests for Consideration Knights of Columbus & Niagara District Catholic Foundation 494.90 Project Share of Niagara Inc. 515.84 TOTAL (if approved in this report): $49,844.57 Page 115 of 292 4 CD-2019-13 October 22, 2019 LIST OF ATTACHMENTS Appendix 1 – Fee Waiver Application Forms (completed) Recommended by: Bill Matson, City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 116 of 292 mam<<mm<m_,>_2u__om.._o:_uo_.3 Zmmmw§.m==m .>Z>=> $m.=md....._w<a:_nXxx;<.\>\0Wx§w\\.\»u\KM..xx00\&Nv\Qmkm o_.ua:_ns:o_._zm3o.\«\<\§xu\Q\W%q>.&%x?ww\<\\+§\...iQ\v‘\\<%PxnwNu&\<.§\r\\Q{.\ oams?mzoz>232"Na\QN\<QKHRVW >..=om::_:o.3..m:o=.. 03:\(\\>©>\&\v\“\*>newuomnm.9%"P.; ooimnnzw39/>\\%\\..\>K.\<\.>\m\\,\_vomioznO\,.~x\..\K .u=o:¢2:352335"Q“?rmm»!3.0:»2:362.Am<m=_=m£" ms»?513%t.Q«WE,\2\m\W.525:2 J280..oqmms?mmosu Dzoiol?oa_:nc:.oE:o=..n a\m§_§._moamaumzoz_»mu§_.m=o=anwv®m~V3m.\.KNQen:X D9:9Emmmmmu¢o5§ .26032z_mcm$_um__m2:.Em?»33522.9.5_§<mcam:25583=50.2§m_§§m:o:.Eo=.uaocum E.9.c,m:.wmo.d:.m3.8._c:§.q_m_c3u...m:a_«$2.55»sd<m.3w:_.S.m.¢Sumcm_,_§m_.o?a?a3a..d33S=€.......mm 322_uc__n<358Wu8mzm?mEm»Em0.3%mauve:o».Esogosmmanm<¢2m58cm::6Emizo3?omm Wm§__.§&Em3:manmnzsmzmamzzmami8%=933$3m05%m==:m_oumqmzsn5&2. mx.n.3_o_m.o.30.2«mamEm.am:3<<m.<mo_=._o_:n_m..2:mam:9.38.9.um}32::Emu.mm_:m_3Q2.u3u¢:<._.»,oma.9am:_.m?mmm.maaécoma9._a._%:c3..m_oumammozm 43395as.Ea@§_~.m£_..am.,m.amo»..m&@wa._$.251..S..x».QE...u..¢@..m=@.§. :S.2...m& zwmmsw?msom8%<2::9cm528. vmmmHcma Page 117 of 292 _umm<<m_<m_.>Eo=om:o:_uo:.: Zmamsum?a?m».>Z.. no.3m§3_$_o=_22=§_o=ll >3.=om=o:mow:33.32.3_u<mam:8”o_m2.A©:_mum_.m4m__m..nm _=umqmos2.232.8“0.?Im: .880:8:mama 2.83.um__m_oz.Smea 06:8om_om...3m_.: Iona”mboma....£a_o3 >P:<=oxm<¢=:12am:o= .....333.5..a.2=m5...cQ0‘Nbxn2.QAN. mom.»5.5<<£<oneh.3.5._.m=»m_.um}um_._3=.90%\.AvW.4\N,\r~W a.._..$ea13%>\.2Raw§.Q..Vm.,..was\E93CM3.9.3:\_.WJ _u:_.uommSm<2_nM928\.&\+\%.\\<e..,\WrQAQQWV9?x»,V0\\¥R\\\Mb: z:=.._8..2..umoc_wmxcmnxw?>n3_mw_o:3.5A:mEo=omc_m:\Q:cum >3<9.w¢_.<.=m32:\<Q>3<2.u2.<=..nm_no:o_¢>\0 >32,2mix:u82_E_o=i_ .3....:92.s__:aE.mo.2..e_%._am%m._.a.9...m.mmm_._o.=..m..a.8a3£.5..¢£<wmmm._:=50.23z.w.§.m.. .. .._.:2.S,. 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ZOHHOH €25_vE~ZE.m:>rrmmwomamu—2>E~OH<=7..m2.HFOO>?_O202min 20.:O_won_2m_.mn,:o2O34wwoEw_~a< .25uazz:_5Eo.._,2.mmazrms»:no.52.5P....snamawmn8ma9§=a.9:.¢m.wm<a_=n=..5:38?n;mwoan?o:3 aa.W:28.33..8oo:m:.:o:o:.Ea:EmmsEmG7:on25::cm 3.250:8.omeam095.ooimo?mEm...“ma50:»oozzsazowm.>3%_=.a2.Eng29on En ~wm._._OO>.:O201034m_w_w<—O_wmSm?S533.:583353:.ms»:ca_.oBo<&::Ea.:aa_<.E Wicca::an9.?mm.ammm..__._<9.5mnsssomw.no.83&§:.m.anmrw:mommcz.:50:2<5:_§.§.3:8_.nn_E_.omn_mm=Evm"9m968%om:5 33.3.332.?3<3_.oamE2.5$8950omEnca_._oEQ.\o<§o_..3:3:_._oE9.\o€:n... FOA,Q->U_2O>2UE~>.2>nmHXE->H—O2 .2.».9£5:anW252.E<3\3.2::8_EEzmaamoEm.mcammnan=.w..mwoHim@933<1:cmaoa?ma8E55Eummm.55«S:cm_.o<o_8.__R acom=2ma<a_.mo€mmwn»m&mna.:Ednam.mxoo?mmoEo_.§mnm=3o:N9._..,.o_i_.=&o=ram:3oozzsasoom25::mSenna%:538wmmcn. .E€=%o:$as:n=mn_§.mm2.8m_u_um:3%an.95"osnBordmimw»._.o_.=:6arm98om..o<oom:o=35caoxaamna.oaoaczar£5:unison"omEn 9.:E.wE:.on:w8wan. _.r>zm>26UOOCZMZHM iiEwzmEa._on:=..o_:m.o:Eagm?3.230:5%v9.3:?mm5.8,mrm: .5.83on£3. w:=a==mEimmoz-€a_£._:EoGavwmahm?oi.Sm.Page 128 of 292 FS-2019-03 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2019-03 Fire Department Station 7 Staffing RECOMMENDATION 1. To staff Station 7 with one crew of four (4) full-time firefighters including one (1) captain. As an interim measure until staffing levels can be phased back in by 2023 one (1) firefighter’s position from Station 1 shall be relocated to Station 7; thus, reducing Aerial 1 to one (1) captain and two (2) firefighters. 2. Approve the implementation of a 3-year staffing plan for the Fire Department at an annual cost, including wages, benefits and personal protective equipment of: 2021 - $446,272 2022 - $385,175 2023 - $390,910 3. That the Fire Chief continues to monitor fire risks, response times, etc. and that any changes requiring further staffing recommendations be reported to Council for consideration. EXECUTIVE SUMMARY In their current locations, the fire stations perform poorly with relatively large gap areas and poor coverage of proposed hotels and existing schools which warrants the addition of infrastructure to improve coverage to the City including the west end. The analysis of the effective population served by the Fire Department, as provided in the 2019 staffing study by Emergency Management & Training Inc., indicates that a staffing increase will be required. This equates to the staffing of one fire apparatus with a full-time complement of one (1) captain and three (3) firefighters. Page 129 of 292 2 FS-2019-03 October 22, 2019 After analyzing our current staffing, phasing in the hiring of 12 staff at the end of 2023 will allow us to maintain today’s staffing on our vehicles and ensure an adequate complement of staff for the new station. Unfortunately, this will reduce Aerial 1 down to three (3) staff, thus possibly putting us at risk during the interim of phasing in of the staff. After the 2023 hiring, the Fire Chief will have to monitor fire risks, response times and overtime costs to determine if staffing will have to be increased to reduce overtime and allow for secondments into the Training Division. BACKGROUND In 2012, MMM Group was retained by the City of Niagara Falls to complete a Fire Station Location Study to analyze the existing fire station locations and resources and determine the future requirements (station location and equipment) as they relate to predicted growth within the City over a 15-year horizon. The recommendations developed through this study conform to best practices and are focused toward improving service delivery and cost effectiveness of the fire service. The decision was made at that time to start the process of building Station 7 in the Kalar Road/Lundy’s Lane area within two (2) years. In 2017, Council passed a motion to hire a consultant to ensure the location and staffing requirements were still required. Emergency Management & Training Inc. consultants were hired. On April 30, 2019, the Consultant presented their findings to Council which concluded that the current land is in the correct location and the opening of the new station and placement of a fully staffed fire apparatus is required within the next two (2) years. The City of Niagara Falls is unique in the province of Ontario. A residential population of some 88,070 (2016 Census) persons makes the City a medium-sized urban community in one sense, yet its size and expanse give it a large rural component. In addition, the tourist concentration gives the City a decidedly densely populated large urban area comparable to the likes of cities three and four times the size. The topography of the area also presents challenges and risks which are equally unique. In the medium-sized residential area of Niagara Falls, there are a variety of buildings, occupancies and uses including residential, commercial, industrial and institutional. The rural area of the City has farms and residential uses, as well as light industrial and commercial properties. In the dense, large urban tourist area, there are daytime populations that match or exceed the daytime populations of cities like Ottawa and Hamilton. There are hi-rise buildings that cities of comparable residential populations will never see. The effective population for protection purposes greatly exceeds the residential population. Page 130 of 292 3 FS-2019-03 October 22, 2019 The staffing levels for existing in-service vehicles at the existing stations, as approved by Council in November 2002, are: Station 1 Pumper 4 firefighters Station 2 Pumper 4 firefighters Station 3 Pumper 4 firefighters Station 1 Aerial 4 firefighters Station 1 Rescue 4 firefighters Station 1 Command 2 firefighters TOTAL 22 firefighters The recommended staffing levels for in service vehicles at the stations, including Station 7, would be: Station 1 Pumper 4 firefighters Station 1 Aerial 4 firefighters Station 1 Rescue 4 firefighters Station 1 Command 2 firefighters Station 2 Pumper/Rescue 4 firefighters Station 3 Pumper/Rescue 4 firefighters Station 7 Aerial 4 firefighters TOTAL 26 firefighters This is an increase of four (4) on-duty firefighters per shift from the current level of 22. It is proposed that this be phased in over a period of three (3) years beginning in 2021 on the following basis. 2021 - Promote four (4) existing first class firefighters to the rank of captain. Hire four (4) probationary firefighters. 2022 - Hire four (4) probationary firefighters. 2023 - Hire four (4) probationary firefighters. The chart below shows the projected hiring over the next four (4) years, taking into account the staffing model for Station 7, mandatory and potential firefighter retirements. Ideally, we would like to join the 2020 and 2021 recruitments into one hire in 2020 to simplify the training process and reduce the staff overtime hours dedicated to training our recruits. W e are, however, based on the Consultant’s report, recommending splitting the hire over two years to defer the budget impact for wages to 2021. Page 131 of 292 4 FS-2019-03 October 22, 2019 Year Station 7 Mandatory Retirements (60 yrs. old) Possible Retirements (30 yrs. service completed) Total Possible Hires Projected Hire Dates 2020 5 0 5 June 2020 2021 4 0 0 4 January 2021 2022 4 3 2 9 January 2022 2023 4 1 2 7 May 2023 ANALYSIS/RATIONALE Expectations of urban/suburban fire responses are greater than in rural areas. The Station 7 area has urbanized and has been categorized as such through the Master Fire planning process in 2010. As the area develops, the level of expected response increases. Our three (3) full-time stations are unable to meet the expected response time of four (4) minutes to this area. Council has the right to determine the level of service within the community. The implications of not staffing Station 7 appropriately will decrease the level of fire and rescue response within the City, including possible loss of life, property and environmental damage that would otherwise not occur. The recommendation takes past service levels and current expectations of the public into consideration. The residents of Niagara Falls have come to expect and enjoy a level of service that is provided in the urban areas of our city. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed fire suppression staffing levels can be illustrated as follows: Proposed Fire Suppression Staffing Levels 2019 2020 2021 2022 2023 Platoon Chiefs 4 4 4 4 4 Captains 20 20 24 24 24 Firefighters 92 92 92 96 100 116 116 120 124 128 In 2021, four (4) first class firefighters will be promoted to the rank of captain which will result in an increase in wages of $67,092. Four (4) probationary firefighters will be hired to replace the four (4) promoted firefighters keeping the firefighter compliment at 92. In 2022, four (4) probationary firefighters will be hired increasing the complement to 96 firefighters. Page 132 of 292 5 FS-2019-03 October 22, 2019 In 2023, four (4) probationary firefighters will be hired increasing the complement to 100 firefighters. Additionally, the cost to supply personal protective equipment and uniforms is $7,000 per firefighter upon hire plus an additional $700 per firefighter is budg eted annually for uniform items as per the current Collective Agreement. The total cost to hire four (4) probationary firefighters in the years 2021-2023 is as follows: Wages Benefits Materials (PPE) Budget Impact 2021 280,944 70,236 28,000 379,180 2022 285,740 71,435 28,000 385,175 2023 290,328 72,582 28,000 390,910 Overall, the proposed fire suppression staffing levels above result in proposed budget increases per year as follows: 2021 - $446,272 ($67,092 + $379,180) 2022 - $385,175 2023 - $390,910 CITY’S STRATEGIC COMMITMENT The proposed staffing plan will ensure adequate equipment and resources are available for a timely response throughout the City. 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 Recommended by: Trent Dark, Director of Human Resources Respectfully submitted: Ken Todd, Chief Administrative Officer J. Boutilier:tc Page 133 of 292 FS-2019-04 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2019-04 Construction of Fire Department Station 7 RECOMMENDATION 1. That Council award the contract for the construction of Fire Station 7 to Bromac Construction Inc. in accordance with RFT- 35 -2019. 2. That the Mayor and City Clerk be authorized to execute the agreement between the City and Bromac Construction Inc. EXECUTIVE SUMMARY City staff issued Request for Tender #2019-35 for the construction of Niagara Falls Fire Department Station 7. Ten (10) bids were received in response to the tender. Bromac Construction Inc. was selected based on a bid of $4,880,000 (excluding contingency and HST) and their experience in completing other major construction projects for Niagara Falls, Grimsby & Niagara on the Lake, including four (4) fire Stations. The total cost of the project is $7,248,365. It is staff’s recommendation that borrowing against our development charge reserves be utilized for the project. The required borrowing will not be made until project completion. The required borrowing is within Council’s approved debt management strategy. If approved, Bromac Construction Inc. would mobilize immediately. The estimated construction schedule is 17 months and completion is expected by May 2021. The recommended new Station 7 will require the purchase of a full -sized Class A pumper/rescue for effective first response at an estimated expense of $1,150,000. BACKGROUND The need for a new fire station in the Kalar and Lundy’s Lane area is well documented in earlier consultant’s reports including the Master Fire Plan 2010, Station Location Study 2012, and the Staffing Study in 2019, all of which concluded that the current land is in the correct location and the opening of the new station and placement of a fully staffed fire apparatus is required within the next two (2) years. Page 134 of 292 2 FS-2019-04 October 22, 2019 At the direction of Council on April 30 2019, staff re -engaged Whiteline Architects who had been working on the design of the fire station between 2015 and 2017, before it was deferred in order to engage a consultant on the staffing issues. Next, City staff went out for a Pre-qualification RFP. This was designed and opened to any General Contractor to submit their expression of interest to build the new fire station. Once these applications were received, they were reviewed by a team of staff members consisting of the Deputy Fire Chief, Facilities Project Manager and the architect, who evaluated the applications and recommended that 10 out of 13 General Contractor bids be allowed to move on in the process to submit a final tender bid. The contractor with the lowest tender price who fulfilled all of our specifications would then be recommended for selection. ANALYSIS/RATIONALE The following is a summary of the tendered prices (excluding HST) received from the General Contractor submissions. Name City Tender Price Aquicon Brampton No Bid Bromac Construction Inc Fonthill $4,880,000 Brower Construction St. Catharines $6,141,940 Garritano Brothers Oshawa $6,250,910 Jasper Construction Concord $6,354,000 JR Certus Construction Co. LTD Vaughan $6,884,000 M.J. Dixon Construction Ltd. Mississauga $6,053,000 Manocore Group Inc. Beamsville $5,598,700 Matheson Constructors Aurora No Bid Merit Contractors Niagara Ltd St. Catharines $5,630,000 Percon Construction Inc Toronto No Bid Steelcore Construction Ltd. Scarborough $7,438,000 Tambro Construction Guelph $6,697,000 The lowest tender was received from Bromac Construction Inc. in the amount of $4,880,000. After confirming WSIB requirements, we are of the opinion that this contractor is capable of successfully undertaking the project. Bromac Construction Inc. has successfully completed many projects of this scale within the Niagara Region; they are capable of undertaking and completing this project. Construction is proposed to begin in November 2019 and completion is expected by May 1, 2021. Page 135 of 292 3 FS-2019-04 October 22, 2019 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The summary of project costs is as follows: Project costs Building construction $4,880,000 Fixtures, Furniture & Equipment $ 200,000 Security & AV $ 350,000 Sub Total $5,430,000 Contingency (10%) $ 543,000 Pumper/ Rescue & Equipment $1,150,000 Sub Total $7,123,000 Add: Non-rebatable HST (1.76%) $ 125,365 Total $7,248,365 In addition to the capital cost associated with this project, the following is the estimated annual operating cost of the station: Total staffing cost as of 2023 $1,138,357 (complement of 12) Utilities: Hydro $ 50,000 (estimates) Gas $ 6,000 Water $ 6,000 Cable/Telephone $ 2,000 Insurance $ 1,000 Maintenance/Contracts $ 10,000 Estimated annual operating costs: $1,213,357 The cost of the build, $7,248,365, which includes the items noted above, is 100 percent eligible for development charge funding as outlined in the 2019 Development Charge Study, as the scope is a brand new facility and fire apparatus does not replace any existing asset. As of December 31, 2018, the Fire Department development charge balance is $2,941,193. Our financial policy allows for us to interim borrow from our reserve accounts (Fire Services) creating a negative position and recover through future development charges. Due to the significance of the capital expenditure, this may take several development charge cycles. Page 136 of 292 4 FS-2019-04 October 22, 2019 CITY’S STRATEGIC COMMITMENT The recommendation is providing for the continued safety of the community through consistent, quality service while limiting the City's exposure to risk. LIST OF ATTACHMENTS 1. Station 7 Conceptual Drawing Recommended by: Jim Boutilier, Fire Chief Respectfully submitted: Ken Todd, Chief Administrative Officer J.Boutilier:tc Page 137 of 292 Page 138 of 292 L-2019-21 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2019-21 Permanently Close and Declare Surplus Upper’s Lane (between Thorold Townline Road and Beechwood Road) Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Upper’s Lane lying between Thorold Townline Road and Beechwood Road Our File No. 2011-179 RECOMMENDATION 1. In the event, and only in the event, that Council has determined that the subject lands are surplus to the requirements of the City of Niagara Falls, that Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road (hereinafter referred to as the “Subject Lands”, and, as shown in red on the attached location map), be permanently closed and declared surplus to the City’s needs. 2. That the closure of Upper’s Lane be conditional on the owner of 10200 Upper’s Lane arranging for a new address assignment for its property using Thorold Townline Road as access. 3. That the Mayor and Clerk and City Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendation 1 and 2. EXECUTIVE SUMMARY Description: Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road; Niagara Falls. The Subject Lands being in the Land Registry Office for the Land Registry Division of Niagara South (No. 59). Page 139 of 292 2 L-2019-21 October 22, 2019 Zoning: Agricultural & Hazard Land Area: Approximately 2.23 acres Type of Property: Vacant Land - Road Allowance Location: East of Thorold Townline Road and West of Beechwood Road Special Considerations: There is one remaining dwelling that uses Upper’s Lane as its access road. If Upper’s Lane is closed, the parcel would have frontage on Thorold Townline Road and access together with a new address can be reassigned for Thorold Townline Road. The City has received a request from an abutting landowner to purchase the Subject Lands. Prior to any conveyance, the Subject Lands must be permanently closed and declared surplus to the City’s needs. BACKGROUND The proposal to permanently close, declare surplus and sell the Subject Lands has been circulated to various City departments together with the Region and local utility companies for comments with the following responses: Building & Municipal Enforcement Services did not provide any comments or objections to the circulation. Planning has no objection to the closure or declaration of surplus of the Subject Lands, provided that the remaining dwelling (10200 Upper’s Lane) fronting Upper’s Lane has alternate access and frontage from another road (being Thorold Townline Road) and that the Subject Lands are to merge with the adjacent lands that front Upper’s Lane upon completion of the sale transaction. Finance has no objection to the closure or declaration of surplus of the Subject Lands. Transportation Services did not have any concerns or objections regarding the closure or declaration of surplus of the Subject Lands and advised that Upper’s Lane is a local road that does not have a significant role in the City’s transportation system. Page 140 of 292 3 L-2019-21 October 22, 2019 Municipal Works has no objections to the closure or declaration of surplus of the Subject Lands. The Region has no objection to the road closure from a Provincial or Regional perspective, however, there are Core Natural Heritage and archaeological concerns that will need to be addressed through any future development application(s) on the Subject Lands. Cogeco has no objection to the closure or declaration of surplus of the Subject Lands. Bell Canada has no objection to the closure or declaration of surplus of the Subject Lands and does not require any easements. Niagara Peninsula Energy Inc. has advised that it has overhead distribution lines running west on Upper’s Lane from Beechwood Road, which may req uire an easement. Hydro One has no objection to the closure or sale of Upper’s Lane and does not require any easements. The closure and future sale of the lands may be subject to any easements, as required, by external utility companies. Public notice of the permanent closure and declaration of surplus of the Subject Lands was given in the October 4, 2019, issue of the Niagara Falls Review in accordance with the City’s By-law No. 2003-02. ANALYSIS/RATIONALE The abutting landowner is seeking to connect the parcels they own on either side of Upper’s Lane. FINANCIAL IMPLICATIONS Closing Upper’s Lane and disposing of the subject lands will relieve the City of all maintenance costs, i.e. plowing, etc., together with any potential liability. When the Subject Lands are sold, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will then immediately start generating tax revenue. Page 141 of 292 4 L-2019-21 October 22, 2019 CITY’S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council’s commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well-planned City. ATTACHMENT Schedule “A” – Location Map Recommended by: Donna Jaques, Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer Attachment Page 142 of 292 L-2019-21 October 22, 2019 Schedule “A” – Location Map Page 143 of 292 PBD-2019-66 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-66 AM-2018-010, Exemption Request to 2-Year Waiting Period for Minor Variance Lots 79 & 80, Plan 193 Proposal: 6 Unit Apartment Building Owner: Tom Vattovaz Agent: Craig Rohe – Upper Canada Consulting RECOMMENDATION That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight’s agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Tom Vattovaz to file an application to the City’s Committee of Adjustment for the development of a 6 unit apartment building. EXECUTIVE SUMMARY The Smart Growth for Our Communities Act, 2015 was passed in the Ontario legislature and received Royal Assent on December 3, 2015. The Act amended the Planning Act by establishing a 2-year waiting period between an applicant-initiated site-specific rezoning of a property and a minor variance application. The intent of the new 2-year waiting period is to provide greater control to Council which will determine whether it is appropriate to alter recent zoning by-laws through the minor variance process. The Planning Act, 1990 R.S.O. provides Council with the ability to permit privately- initiated applications to the Committee of Adjustment for minor variances by passing a resolution. A resolution can relate to site-specific applications, a class of applications, or applications generally. If Council allows an application to the Committee of Adjustment, it would still be subject to all the normal Planning Act requirements for a public hearing, notice and appeal rights. Council’s decision to permit a privately-initiated application would simply mean that they are satisfied that the zoning regulations can be reviewed and varied by the Committee of Adjustment. Tom Vattovaz is requesting Council to consider passing a resolution that would allow him to file an application to the City’s Committee of Adjustment. The relief from the zoning by-law would allow the apartment building to be constructed with a slight reduction to the interior side yard width on the west side based on a slightly higher pitched roof. In addition, the minimum landscape open space strip required along the front line is proposed to be reduced to allow a sidewalk and landscape strip to be provided between the parking area and the apartment building. The site specific zoning of the property requested by the applicant came into effect in August of 2018. Page 144 of 292 2 PBD-2019-66 October 22, 2019 BACKGROUND Proposal On July 10, 2018 Council approved a zoning by-law amendment application to rezone lands known as Lots 79 & 80, Plan 193 and located on the north side of McLeod Road, shown on Schedule 1, to a specific Residential Apartment (R5A-1068) zone, to permit a 6 unit apartment building. By-law No. 2018-98 to implement the zone change was passed by Council on August 14, 2018. Since no appeal was received within the time allowed, the by- law became effective the day it was passed. The applicant submitted a site plan application for the apartment building (SPC-2019-014) on July 2, 2019. The proposed building is now slightly taller requiring a westerly interior side yard width of 5 metres, whereas an interior side yard width of 4.5 metres is proposed. Furthermore, where the bylaw requires a landscaping strip of 1.8 metres between the front lot line and the parking area, a landscape strip of 0.9 metre is proposed in order to provide a sidewalk and landscaping strip between the parking area and the building. The applicant intends to pursue a minor variance application to address the reduction of the landscape open space strip along the front lot line and the reduction of the interior side yard requirement on the west side. Schedule 2 shows the design of the project. In order to request the City’s Committee of Adjustment to consider the desired variance, the applicant requires Council to pass a resolution granting an exemption to the 2 -year waiting period. Planning Changes The Smart Growth for Our Communities Act, 2015 was passed in the Ontario legislature and received Royal Assent on December 3, 2015. The Act amended the Planning Act by establishing a 2-year waiting period for minor variance applications. This means minor variance applications are not permitted for two years following a privately-initiated site-specific rezoning of a property. The intent of the new 2-year waiting period is to provide greater control to Council to prevent zoning provisions that Council determined to be appropriate from being reversed or altered through the minor variance process for 2 years. Notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides Council with the ability to allow applications for minor variances by passing a resolution. If Council allows a variance application to proceed, it would still be subject to all the normal Planning Act requirements for a public hearing, notice and appeal rights. Council’s decision to permit the application would simply mean that they are satisfied that the zoning regulations it implemented can be reviewed and varied by the Committee of Adjustment. ANALYSIS The applicant is requesting Council to consider passing a resolution that would permit them to request the City’s Committee of Adjustment to vary the minimum interior side yard requirement on the west side and the minimum landscape open space strip along the front lot line. The applicant is proposing to construct a 10 metre tall apartment building, whereas the previous building was 9.14 metres tall. The required interior side yard is determined by the height of the building (one half building height: 10 metres x 0.5 = 5 metres). Since the building Page 145 of 292 3 PBD-2019-66 October 22, 2019 is proposed to be built with an interior side yard of 4.5 metres a variance of 0.5 metres would be required. The minimum required landscape open space strip along the front lot line is 1.8 metres, whereas the applicant is proposing to provide 0.9 metre. A variance of 0.9 metre would be required. A resolution is included in tonight’s Council agenda. Should Council adopt the resolution, the owner will be able to make their request to the Committee of Adjustment for the desired variances. The standard Planning Act procedures for notification, public hearing and satisfying the four tests would apply to the minor variance application. CITY’S STRATEGIC COMMITMENT Removal of the 2-year waiting period will allow the developer to file an application with the City’s Committee of Adjustment and expedite the request in an efficient time period. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:cr Attach. S:\PDR\2019\PBD-2019-66 AM-2018-024 Two- Year Waiting Period Exemption Request 8196 McLeod Road.docx Page 146 of 292 4 PBD-2019-66 October 22, 2019 SCHEDULE 1 Page 147 of 292 5 PBD-2019-66 October 22, 2019 SCHEDULE 2 Page 148 of 292 PBD-2019-69 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: Proposed Telecommunication Facility 11713 Willoughby Drive Applicant: ForbesBros for Rogers Communication RECOMMENDATION It is recommended that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls: 1. does not concur with the construction of a 30m tall monopole style telecommunication tower proposal at 11713 Willoughby Drive at this time; and 2. would reconsider concurrence for the construction of a 30m tall monopole style telecommunication tower proposal at 11713 Willoughby Drive after April 30, 2020 should construction not be completed for a previously supported 60m tower at 3516 Marshall Road. EXECUTIVE SUMMARY The proposal to erect a 30m tall monopole tower within a fenced 8m by 10m enclosure on the western portion of the property at 11713 Willoughby is not supported at this time based on the supported location of a 60m tower facility at 3516 Marshall Road. However, should the tower at 3516 Marshall Road not be constructed by the April 30, 2020 deadline identified through concurrence of extension of support by the City of Niagara Falls, the City may concur with a 30m tall monopole tower at 11713 Willoughby Drive based on the following: - the property is located within an agricultural area and the location of the proposed telecommunication tower would not interfere with agricultural use or natural heritage features; and - the proposed tower meets the City’s design and site criteria for telecommunication towers. BACKGROUND Proposal ForbesBros Telecommunications, on behalf of Rogers Communications, is proposing a 30m tall self supported monopole style tower within a fenced 8m by 10m enclosure located approximately 65m east of Sodom Road, south of Detenbeck Road. The tower would be sited approximately 946m west of the property frontage on Willoughby Road, south of the TransCanada Pipeline (see Appendix 1). Usshers Creek is located west of the tower site. The subject property is located in the “Good General Agricultural” designation of the Official Plan and is zoned Rural under the Willoughby By-law No. 395. Page 149 of 292 2 PBD-2019-69 October 22, 2019 Innovation, Science, and Economic Development (ISED) Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. 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 and obtain comments. The decision of Council serves as a written response to ISED on behalf of the City for the proposal. The City adopted a Consultation Process for Radio Telecommunication Facilities 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 proponent has completed its public notification process including a mail notification to properties within 90m of the tower, a newspaper notice and a public information session that was held on August 12, 2019. A summary of the consultation process including public input is attached as Appendix 2. ANALYSIS The telecommunication tower proposal is consistent with the siting and design criteria of the City’s Consultation Process for Radio Telecommunication Facilities. A discussion of the separation distance between towers to avoid the proliferation of the facilities was considered through the consultation process as outlined below. Consultation Through the consultation process comments were received from Signum Wireless, the proponent for a 60 metre tall telecommunication tower at 3516 Marshall Road (Appendix 3). This tower received City support for a one year extension of concurrence (originally obtained in 2015) that requires that the tower construction be completed by April 30, 2020. Signum Wireless has expressed a concern regarding the proximity of the proposed ForbesBros tower and their own towers which are within 1.3km of each other. Page 150 of 292 3 PBD-2019-69 October 22, 2019 According to Signum Wireless (Signum), the there is low wireless user density in the surrounding area which questions the need for a second tower. In addition, Signum proposes that the needs of Rogers can be accommodated on their 60m tower thus addressing the issue of co-location. ForbesBros has countered that colocation of an antennae on the proposed Signum tower would not be a feasible option at this time as Signum is a third party tower provider without a dedication timing commitment for construction. Planning Staff also question the need for two towers in such close proximity at this time and in the foreseeable future considering the agricultural nature of the surrounding area. Consequently it is the opinion of Staff that the requested 30m tower not be supported at this time. However, should Signum Wireless not complete construction of their tower by the end of their concurrence deadline (April 30, 2020), the City would be willing to provide concurrence with the ForbesBros proposal at that time. DEPARTMENTAL CIRCULATION The information package was circulated by Planning staff to other City Departments as well and the Niagara Peninsula Conservation Authority. No objections were received. LIST OF ATTACHMENTS Appendix 1 – Location Plan Appendix 2 – Public Consultation Summary Report, ForbesBros. Sept. 13, 2019 Appendix 3 – Submission from Signum Wireless, dated Sept. 13, 2019 LIST OF ATTACHMENTS Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:gd Attach. S:\PDR\2019\PBD-2019-69, Telecommunication Facility, ForbesBros, 117113 Willoughby Drive.docx Page 151 of 292 4 PBD-2019-69 October 22, 2019 APPENDIX 1 Proposed Tower Location Photo-simulation of 30m tower – looking south along Sodom Road Page 152 of 292 September 13, 2019 Ms. Francesca Berardi, Planner 2 Planning, Building & Development City of Niagara Falls 4310 Queen Street, Niagara Falls Ontario L2E 6X5 RE: Rogers Communications Inc., Statement of Concurrence Request Rogers Project ID: C6591 Subject Property Address: 11713 Willoughby Drive, Niagara Falls ON Dear Ms. Berardi: Forbes Bros Ltd., in our capacity as agent to Rogers Communications Inc. (“Rogers”), have completed the required municipal and public consultation for a proposed new 30.0m tall monopole style telecommunications facility to be located toward the southwest corner of the property at 11713 Willoughby Drive in the City of Niagara Falls. The City of Niagara Falls in accordance with Innovation, Science and Economic Development Canada’s (ISED – formerly Industry Canada) policies has enacted Report PD-2008-52, PROCEDURE Consultation Process for Radio Telecommunication Facilities. The combined requirements of ISED and City policies detail design and siting preferences as well as public consultation requirements. Public consultation in this case was conducted via written notification to property owners within three times (3x) the height of the proposed facility, a notice placed in a locally circulating publication, and a public information session organized by the proponent. The purpose of these consultation procedures is to solicit municipal and public input and ensure the antenna system is deployed in a manner that considers the local surroundings. On behalf of Rogers Communications, Forbes Bros Ltd conducted the required consultation by; • Preliminary contact / email discussion with the City – May 7, 2019 • Contacting the City with reporting information, site survey and draft notification documents – May 7, 2019 and May 15, 2019 (via email) • Mail notification sent – July 22, 2019 • Newspaper notice (Niagara Falls Review) – July 25, 2019 • Public Information Session (Black Creek Community Centre) – August 12, 2019 • Public comment close date – August 28, 2019 Page 153 of 292 Throughout the public consultation process one comment from the public was received as follows. On August 9, 2019 Forbes Bros Ltd received an email from FONTUR International, on contract to Signum Wireless, regarding an approved Signum tower located at 3516 Marshall Road. FONTUR International identified a distance of 1km between the approved tower and proposed Rogers site C6591 and requested a colocation analysis be performed. On August 12, 2019 Forbes Bros Ltd responded to such email clarifying the distance (1.37km) between proposed Rogers tower C6591 and approved Signum tower located at 3516 Marshall Road. Forbes Bros Ltd inquired if the approved Signum tower was built, if there were tenants located on the third party tower, and if not built, an anticipated construction timeline. On August 13, 2019 FONTUR International responded to Forbes Bros Ltd. The response from FONTUR International did not provide a construction timeline and did not identify a commitment from a wireless carrier. Based on the information in FONTUR International’s response the tower site at 3516 Marshall Road has been disqualified as a feasible colocation option at this time, in addition to reasons already provided in the Justification Report to the City. No members of the public attended the public information session. No other comments, questions, concerns, or objections to the location or design of the proposed development were received from City staff or the public. As the requirements of ISED and City of Niagara Falls policies have been fulfilled we would like to request a formal recommendation from Council and/or City staff in the form of a letter of concurrence. Thank you for your consideration of this proposal. If any further information is required please do not hesitate to contact the undersigned. Sincerely, Jennifer Antico Real Estate & Government Affairs 130, 482 South Service Road E, Oakville, ON L6J 2X6 T: 780.960.1950 F: 888.622.4939 C: 416.518.3842 forbesbrosltd.ca Page 154 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 September 13, 2019 Mr. Alex Herlovich City of Niagara Falls Planning Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Innovation, Science and Economic Development Canada Southwestern Ontario District Office 4475 North Service Road, Suite 100 Burlington, ON L7L 4X7 RE: Proposed 30m Forbes Bros. Telecommunication Tower – 11713 Willoughby Drive, Niagara Falls, ON Dear Mr. Herlovich, It has come to the attention of Signum Wireless that there is a proposal to construct a 30-metre monopole telecommunications tower within close proximity to a previously approved by Niagara Falls City Council (Appendix 1) Signum Wireless telecommunications tower. The proponent Forbes Bros’ proposal is approximately one kilometre from Signum Wireless’ approved tower located at 3516 Marshall Road (Appendix 2). Signum’s tower is slated for construction in the near future which would lead to potentially two towers being constructed within a very close proximity to each other. It should also be noted that Signum Wireless’ tower will be designed to accommodate up to three carriers as they are a third-party tower builder, while Forbes Bros’ tower will not have the same ability. Signum’s tower, approved at a height of 50 metres will reduce tower proliferation as fewer carrier-built towers will be required, including Forbes Bros’ proposal. Forbes Bros’ tower, proposed at a height of 30 metres could easily be accommodated on Signum’s tower as it will be specifically designed to allow carriers to locate at this height or higher. Due to the low wireless user density in the surrounding area, towers are not required to be sited within one kilometre of each other. These small separation distances are often found in more dense, urban areas. In rural locations towers can function efficiently with spacing of much greater than one kilometre. Signum’s Radiofrequency Engineering team has determined that two towers within such close proximity in a rural area would be unnecessary, especially since Signum’s tower can most definitely accommodate Rogers at a height of 30 metres, or greater. Page 155 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Rogers has already displayed interest in locating on Signum’s tower due to the height, tower design and location available. Approval of Forbes Bros’ tower will lead to redundant wireless infrastructure and tower proliferation in Niagara Falls. It is the mandate of Innovation, Science and Economic Development Canada that prior to selecting a site for a new telecommunications installation, proponents first explore co-location opportunities. In Section 3. of ISED’s CPC-2-0-03 it is stated that “A proponent is not normally expected to build a new antenna-supporting structure where it is feasible to locate an antenna on an existing structure, unless a new structure is preferred by the land-use authority”. As Signum’s approved tower is located within one kilometre of Forbes Bros’ proposal, it is quite clear that this is a feasible colocation opportunity and was not explored. There was no attempt of Forbes Bros’ to inquire regarding co-locating onto Signum’s tower in effort to reduce tower proliferation in Niagara Falls. In addition, there are numerous inconsistencies in their notification letter (Appendix 3). In the first and second paragraphs it is indicated that Rogers is the carrier of this tower, however at the end paragraph three it is indicated that Freedom Mobile is indeed the carrier. It is also stated that there are no existing tower facilities within one kilometre of this proposal, which is highly misleading due to Signum’s approved tower at 3516 Marshall Road. These inconsistencies are highly misleading and do not accurately reflect this proposal. We respectfully request that Forbes Bros’ proposal be revaluated given Signum’s previously approved tower and taken into consideration by the City when coming to a decision. Thank you, Dylan Goldman FONTUR International Inc. On contract to Signum Wireless Page 156 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Appendix 1 . Page 157 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Appendix 2. Page 158 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Appendix 3. Page 159 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Page 160 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Page 161 of 292 70 East Beaver Creek, Suite 22 Richmond Hill, ON, L4B 3B2 Email: dylan.goldman@fonturinternational.com Phone: 647-239-6755 Page 162 of 292 The City of Niagara Falls, Ontario Resolution October 22, 2019 No. _________ Moved by: Seconded by: WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor variance applications which means minor variance applications are not permitted for two years following an applicant-initiated site specific rezoning of a property; and WHEREAS the intent of the 2-year waiting period is to provide greater control to municipalities, prevent zoning provisions that Council determines to be appropriate from being reversed or altered through the minor variance process for 2 years, and to increase stability by affording municipalities the ability to implement site specific zoning by-laws; and WHEREAS notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit privately-initiated applications for minor variances by passing a resolution; and WHEREAS Tom Vattovaz requested Council to consider passing a resolution that would permit him to file an application to the City’s Committee of Adjustment in regards to applicant-initiated site specific By-law No. 2018-98 that was passed by Council in August of 2018; and WHEREAS Council determined that a minor variance that would permit Tom Vattovaz to vary the regulations for a minimum interior side yard width on the west side and a minimum landscape open space strip along the front lot line, does not undermine Council’s original intention when it passed By-law No. 2018-98. THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2-year waiting period for minor variances and thereby allows Tom Vattovaz to file an application to the City’s Committee of Adjustment for the development of a 6 unit apartment building that is regulated by By-law No. 2018-98. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2018\AM-010\Resolution AM-2018-010.docx Page 163 of 292 BDD-2019-006 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Business Development SUBJECT: BDD-2019-006 Small Business Enterprise Centre (SBEC/BDD) Ministry of Economic Development, Job Creation and Trade SBEC Program Transfer Payment Agreement RECOMMENDATION Council authorize the Mayor and Clerk to sign the SBEC-MEDJCT SBEC Program transfer payment agreement. EXECUTIVE SUMMARY The agreement between the Ministry of Economic Development, Job Creation and Trade (MEDJCT) and the City of Niagara Falls will provide funding to assist in the operation of the Small Business Enterprise Centre, and the Summer Company and Starter Company Plus programs. The agreement will last until March 31st, 2022 and provide a total of $550,365 for the duration of the agreement. BACKGROUND The Ministry of Economic Development, Job Creation and Trade has provided the City of Niagara Falls funding to assist with the operation of the Small Business Enterprise Centre since 2004. Additionally, MEDJCT provides program specific funding. The Summer Company Program provides students (high school and post-secondary) entrepreneurship training, mentorship, and grant funding to operate a full-time summer business. Starter Company Plus provides new and early stage businesses with access to training, mentoring and an opportunity to obtain grant funding to start or expand their businesses ANALYSIS/RATIONALE The funding will assist in the operation of the Small Business Enterprise Centre; and will allow for the delivery of the Summer Company and Starter Company Plus programs. Page 164 of 292 2 BDD-2019-006 October 22, 2019 CITY’S STRATEGIC COMMITMENT Economic growth and prosperity; youth retention. LIST OF ATTACHMENTS BDD-2019-006 SBEC-MEDJCT SBEC Program Transfer Payment Agreement Recommended by: Serge Felicetti, Director of Business Development Respectfully submitted: Ken Todd, Chief Administrative Officer SF:mw Attach. Page 165 of 292 Page 1 of 82 ONTARIO TRANSFER PAYMENT AGREEMENT FOR SBEC PROGRAM: SBEC Core Initiative, Starter Company Plus Initiative and Summer Company Initiative THE AGREEMENT is effective as of the 1st day of April, 2019 B E T W E E N : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Job Creation and Trade (the “Province”) - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the “Recipient”) BACKGROUND The Recipient intends to undertake the SBEC Program which is comprised of the SBEC Core Initiative, Starter Company Plus Initiative and Summer Company Initiative. The Province has established the SBEC Program which is intended to provide important resources, training, mentoring to entrepreneurs, businesses, and Youth, as applicable, and/or Micro-Financing to individuals and Youth to start, expand, or purchase, as applicable, a small business in Ontario. The Recipient has applied to the Province for Funds to assist the Recipient in carrying out the SBEC Program and the Province wishes to provide such Funds on the terms and conditions contained herein. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 The agreement, together with: Schedule “A” General Terms and Conditions Schedule “B” SBEC Program Specific Information Page 166 of 292 Page 2 of 82 Schedule “C” SBEC Program Schedule “D” Budget Schedule “E” Guidelines for SBEC Program Schedule “F” Payment Schedule Schedule “G” Reports Schedule “H” Request for Payment and Certificate Schedule “I” Eligible Expenditures Schedule “J” Summary of the Travel, Meal and Hospitality Expenses Directive Schedule “K” Communications and Confidentiality Protocol Schedule “L” Auditor’s Certificate Schedule “M” French Language Services Act (Ontario) Checklist Schedule “N” Summer Company Initiative: Information Management and Privacy Provisions Schedule “O” Summer Company Initiative: Release and Consent Form, Assignment of Copyright and Waiver of Moral Rights Form, and any amending agreement entered into as provided for in Section 3.1, constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 COUNTERPARTS 2.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.0 AMENDING THE AGREEMENT 3.1 Other than as provided for under Section A4.4, the Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: Page 167 of 292 Page 3 of 82 (i) to assist the Recipient to carry out the SBEC Program and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the SBEC Program; and (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the SBEC Program or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 5.0 CONFLICT OR INCONSISTENCY 5.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. - SIGNATURE PAGE FOLLOWS - Page 168 of 292 Page 4 of 82 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Job Creation and Trade _________________ ____________________________________ Date Name: Rachel Simeon Title: Assistant Deputy Minister, Research, Science and Commercialization Division Authorized Signing Officer THE CORPORATION OF THE CITY OF NIAGARA FALLS _________________ ____________________________________ Date Name: William G. Matson Title: City Clerk I have authority to bind the Recipient. _________________ ____________________________________ Date Name: James M. Diodati Title: Mayor I have authority to bind the Recipient. Page 169 of 292 Page 5 of 82 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this agreement entered into between the Province and the Recipient, all of the Schedules listed in Section 1.1, and any amending agreement entered into pursuant to Section 3.1. “Approved Participant” means an individual who is a participant in the SBEC Program either as a Starter Company Plus Initiative Approved Participant or a Summer Company Initiative Approved Participant. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Client” means an entrepreneur or small business deemed eligible and suitable by the Recipient and seeks the services of the Recipient under the SBEC Core Initiative. “Effective Date” means the date set out at the top of the Agreement. “Eligible Expenditures” means those expenditures, exclusive of HST, which are directly attributable to the SBEC Program as more particularly described in Schedule “I” that are incurred and paid by the Recipient during the term of the Agreement. “Event of Default” has the meaning ascribed to it in Section A13.1. Page 170 of 292 Page 6 of 82 “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Guidelines” means the guidelines for one or more of the Initiatives as applicable set out in Schedule “E”. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. “Initiative” means any of the SBEC Core Initiative, the Starter Company Plus Initiative or the Summer Company Initiative. “Initiatives” means two or more of the SBEC Core Initiative, the Starter Company Plus Initiative or the Summer Company Initiative. “Learning Plan” means the Starter Company Plus Initiative Approved Participant’s individual learning plan as prepared and managed by the Recipient under the Starter Company Plus Initiative, which such Approved Participant agrees to undertake as a condition of his or her participation in the SBEC Program, as more particularly set out in Section A4.3 and Schedule “C”. “Maximum Funds” means the maximum amount of Funds set out in Schedule “B” that the Province will provide to the Recipient under the Agreement. “Micro-Financing” means micro-financing of up to $5000 under the Starter Company Plus Initiative or up to $3000 under the Summer Company Initiative as more particularly set out in Schedule “C”. “Micro-Financing Agreement” means the Micro-Financing agreement as prepared by the Recipient and entered into between the Recipient and those Approved Participants that the Recipient has approved for Micro-Financing, as a condition of approval thereof, the foregoing subject to and in accordance with the terms and conditions of this Agreement including Section A4.3 and Schedule “C”. “Micro-Financing Committee” means the committee set up by the Recipient to review and approve Micro-Financing as more particularly described in Schedule “C”. Page 171 of 292 Page 7 of 82 “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to Section A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with Section A13.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Reports” means the reports set out in Schedule “G”. “Salaries and MERCs” means the actual salaries or wages paid to employees, excluding bonuses, together with mandatory employment-related costs, incurred by the Recipient during the term of this Agreement. For greater certainty, mandatory employment-related costs may only include mandatory minimum vacation pay, employer’s contributions to employment insurance and the Canada Pension Plan, employer health tax, and Workplace Safety and Insurance Board Premiums. “SBEC Core Initiative” means the undertaking set out in Schedule “C” “SBEC Core Initiative Guidelines” means the SBEC Core Initiative guidelines set out in Schedule “B”. “SBEC Program” means the undertaking set out in Schedule “C”. “Starter Company Plus Initiative” means the undertaking set out in Schedule “C”. “Starter Company Plus Initiative Approved Participant” means an individual applicant who is eligible and approved by the Recipient to participate in the Starter Company Plus Initiative, which approval is conditional upon the timely completion by each such Approved Participant of their individual Learning Plan, and for those Approved Participants the Recipient approves for Micro-Financing of up to $5000 in Funds, conditional upon the prior execution of a Starter Company Plus Initiative Micro- Financing Agreement between such Approved Participant and the Recipient, all of the foregoing subject to and in accordance with the terms and conditions of this Agreement including Section A4.3, Schedule “C” and Schedule “E” as applicable. “Starter Company Plus Initiative Guidelines” means the Starter Company Plus Initiative guidelines set out in Schedule “E”. “Starter Company Plus Initiative Micro-Financing Agreement” means the Starter Company Plus Initiative Micro-Financing Agreement as prepared by the Recipient and entered into between the Recipient and those Approved Participants that the Recipient approves for Micro-Financing of up to $5000 in Funds under the SBEC Program, as a condition of approval thereof, all of the foregoing subject to and in accordance with the Page 172 of 292 Page 8 of 82 terms and conditions of this Agreement including Section A4.3 and Schedule “C”. “Summer Company Initiative” means the undertaking set out in Schedule “C”. “Summer Company Initiative Approved Participant” means a Youth applicant who is eligible and approved by the Recipient to participate in the Summer Company Initiative including approval for Micro-Financing of up to $3000 in Funds, conditional upon the prior execution of a Summer Company Initiative Micro-Financing Agreement between such Approved Participant and the Recipient, all of the foregoing subject to and in accordance with the terms and conditions of this Agreement including Section A4.3, Schedule “C” and Schedule “E”. “Summer Company Initiative Guidelines” means the Summer Company Initiative guidelines set out in Schedule “E”. “Summer Company Initiative Micro-Financing Agreement” means the Micro- Financing Agreement as prepared by the Recipient and entered into between the Recipient and those Approved Participants that the Recipient approves for Micro - Financing of up to $3000 in Funds under the Summer Company Initiative, as a condition of approval thereof, all of the foregoing subject to and in accordance with the terms and conditions of this Agreement including Section A4.3 and Schedule “C”. “Youth” means an individual between the ages of 15-29, who is a student and a resident of Ontario and a Canadian citizen or permanent resident. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the SBEC Program; (c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the SBEC Program, the Funds, or both; (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for Funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; (e) it shall carry out the SBEC Program in compliance with all Guidelines; (f) the Recipient shall provide all services to the public under the SBEC Program Page 173 of 292 Page 9 of 82 in accordance with the French Language Services Act (Ontario), by taking appropriate measures in that regard, including among other things, providing signs, notices and other information on such services and communicating with the public to make it known to members of the public that such services are available in French at the choice of a member of the public. In this regard, subject to the Province’s satisfaction, the Recipient shall, among other things that the Province may require from time to time, ensure that: (i) any person may communicate with the Recipient in both French and English; (ii) any person may receive the services under the SBEC Program in both French and English; (iii) the portions of the Recipient’s website relating to the SBEC Program are available in French; (iv) all public documents relating to the SBEC Program are available in French; (v) bilingual (English/French) signs are posted as needed; (vi) it has developed a protocol for providing francophone clients with services in French; and (vii) it shall submit a written report in a form and content satisfactory to the Province regarding its provision of French language services and how it is meeting the requirements of this Section A2.1(f). (g) It shall comply with the terms and requirements of Schedule “K” - Communications and Confidentiality Protocol; and (h) It shall comply with the terms and requirements of Schedule “N” - Summer Company Initiative: Information Management and Privacy Provisions. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement , including if the Recipient is a municipality, passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; Page 174 of 292 Page 10 of 82 (b) procedures to enable the Recipient’s ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the SBEC Program successfully; (f) procedures to enable the Recipient to identify risks to the completion of the SBEC Program and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0, Article A12.0, or Article A13.0. A4.0 FUNDS AND CARRYING OUT THE SBEC PROGRAM A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the SBEC Program; (b) provide the Funds to the Recipient in accordance with the payment schedule set out in Schedule “F”; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite Section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Page 175 of 292 Page 11 of 82 Recipient provides the certificates of insurance or other proof as the Province may request pursuant to Section A10.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the SBEC Program; (c) any disbursement of Funds to the Recipient shall be subject to the Recipient’s guidelines on travel, meal and hospitality expenses provided that such guidelines are no less stringent than the guidelines set out in Schedule “J” hereto; (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to Section A7.1; (e) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of Funds and, in consultation with the Recipient, change the SBEC Program; or (ii) terminate the Agreement pursuant to Section A12.1; (f) If the Recipient is a municipality, the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law. A4.3 Use of Funds and Carry Out the SBEC Program. The Recipient will do all of the following: (a) carry out the SBEC Program in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the SBEC Program; (c) spend the Funds only on account of Eligible Expenditures and in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario; (e) approve individual applicants in accordance with SBEC Program intake processes and eligibility and suitability requirements set out in Schedule “C”; (f) develop and manage individual Learning Plans for each Starter Company Plus Initiative Approved Participant; Page 176 of 292 Page 12 of 82 (g) undertake post-SBEC Program reporting with all Approved Participants to obtain progress reporting information from Approved Participants such as business expansion and job creation for three consecutive Funding Years following the Expiry Date; (h) subject to and in accordance with Section A4.3(i) and (j), the Recipient shall prepare and enter into a Micro-Financing Agreement with each Approved Participant that the Recipient approves for Micro-Financing up to $5000 in Funds for the Starter Company Plus Initiative or up to $3000 in Funds for the Summer Company Initiative, as a condition of approval thereof; (i) ensure the following terms and conditions, as applicable, are included in the Starter Company Plus Initiative Micro-Financing Agreement and the Summer Company Initiative Micro-Financing Agreement: (i) Audit Rights for the Crown. The parties agree that audit rights under the Micro-Financing Agreement shall inure to the benefit of the Province, any authorized representative or any independent auditor identified by the Province, at the Province’s expense, which audit rights (including the right of inspection and review of the Approved Participant’s progress of its project under the SBEC Program and any allocation and expenditure of Funds and to perform a full or partial audit of the Approved Participant) shall continue in full force and effect for a period of seven years from the date of expiry or termination of the [Starter Company Plus Initiative Micro- Financing Agreement or Summer Company Initiative Micro-Financing Agreement, as applicable]; (ii) Post-SBEC Program Reporting. The Approved Participant shall, if requested by the Recipient or the Province, provide progress reporting information such as the Approved Participant’s business expansion and job creation for three consecutive Funding Years following the expiry date or termination of the [Starter Company Plus Initiative Micro-Financing Agreement or Summer Company Initiative Micro-Financing Agreement, as applicable]; (j) ensure the following term and condition is included in the Starter Company Plus Initiative Micro-Financing Agreement: (i) Learning Plan. The Approved Participant agrees to undertake the Learning Plan as a condition of their participation in the Starter Company Plus Initiative, attached thereto as a schedule to the Starter Company Plus Initiative Micro-Financing Agreement; and (k) ensure that all third party mentors and consultants engaging with Clients or Approved Participants in the SBEC Program are bound by appropriate confidentiality, non-compete, and conflict of interest provisions in agreements with the Recipient and Client or Approved Participants, as applicable. Page 177 of 292 Page 13 of 82 A4.4 Despite Section 3.1. Despite Section 3.1, the Recipient may, on occasion, in the Budget, reallocate only within the same Funding Year: (a) Under the expenses category heading ‘SBEC Program Delivery (A)’, any amount of underspending in any line item thereunder, can be moved to either the ‘Starter Company Plus Initiative (C)’ or the ‘Summer Company Initiative (D)’ line items under the category heading ‘Micro-Financing for Approved Participants’; (b) Any amount of underspending in ‘Summer Company Initiative (D)’ can be moved to ‘Starter Company Plus Initiative (C)’; and (c) An amount equalling up to 10% or $500, whichever is greater, of any expenses line item to another expenses line item, provided that at all times the following conditions are met: (i) Administration: the line item ‘SBEC Program Administration’ under the category heading ‘Administration (B)’ shall not exceed 10% of the overall Budget; and (ii) Micro-Financing: other than as provided for above in Section A4.4(b), the amount allocated for Micro-Financing for the Starter Company Plus Initiative and for the Summer Company Initiative shall not be reduced. A4.5 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the payment of an amount equal to the interest. A4.7 Rebates, Credits, and Refunds. The Ministry will calculate Funds based on Eligible Expenditures, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. Page 178 of 292 Page 14 of 82 A5.2 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient will carry out the SBEC Program and use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased , and impartial judgment relating to the SBEC Program, the use of the Funds, or both. A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in Section A17.1, all Reports in accordance with the timelines and content requirements set out in Schedule “G”, or in a form as specified by the Province from time to time; (b) submit to the Province at the address referred to in Section A17.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2 Record Maintenance. The Recipient will keep and maintain: Page 179 of 292 Page 15 of 82 (a) all financial records (including invoices) relating to the Funds or otherwise to the SBEC Program in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the SBEC Program. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province’s expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to review the progress of the SBEC Program and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in Section A7.2; (b) remove any copies made pursuant to Section A7.3(a) from the Recipient’s premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the SBEC Program, or both. A7.4 Disclosure. To assist in respect of the rights provided for in Section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.6 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to Section 9.1 or 9.2 of the Auditor General Act (Ontario), as applicable. A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will: (a) acknowledge the support of the Province for the SBEC Program; and (b) ensure that the acknowledgement referred to in Section A8.1(a) is in a form and manner as directed by the Province. A8.2 Publication. The Recipient will indicate, in any of its SBEC Program-related publications, whether written, oral, or visual, that the views expressed in the Page 180 of 292 Page 16 of 82 publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages , and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the SBEC Program or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the SBEC Program would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence. The insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in Section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in Section A10.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A11.0 TERMINATION ON NOTICE Page 181 of 292 Page 17 of 82 A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to Section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the SBEC Program, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to Section A11.2(b); and (ii) subject to Section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 TERMINATION WHERE NO APPROPRIATION A12.1 Termination Where No Appropriation. If, as provided for in Section A4.2(e), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A12.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to Section A12.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the SBEC Program and permit the Recipient to offset such costs against the amount owing pursuant to Section A12.2(b). A12.3 No Additional Funds. If, pursuant to Section A12.2(c), the Province determines that the costs to wind down the SBEC Program exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT Page 182 of 292 Page 18 of 82 A13.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the SBEC Program; (ii) use or spend Funds; or (iii) provide, in accordance with Section A7.1, Reports or such other reports as may have been requested pursuant to Section A7.1(b); (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. A13.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the SBEC Program; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and Page 183 of 292 Page 19 of 82 (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A13.3 Opportunity to Remedy. If, in accordance with Section A13.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A13.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to Section A13.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in Sections A13.2(a), (c), (d), (e), (f), (g), (h), and (i). A13.5 When Termination Effective. Termination under Article will take effect as provided for in the Notice. A14.0 FUNDS AT THE END OF A FUNDING YEAR A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Section A13.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A15.0 FUNDS UPON EXPIRY A15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. A16.0 DEBT DUE AND PAYMENT A16.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: Page 184 of 292 Page 20 of 82 (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A16.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise. A16.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A16.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province set out in Schedule “B". A16.5 Fails to Pay. Without limiting the application of Section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A17.0 NOTICE A17.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, or personal delivery and will be addressed to the Province and the Recipient respectively set out in Schedule “B”, or as either Party later designates to the other by Notice. A17.2 Notice Given. Notice will be deemed to have been received: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email or personal delivery, one (1) Business Day after the Notice is delivered. A17.3 Postal Disruption. Despite Section A17.2(a), in the event of a postal disruption: Page 185 of 292 Page 21 of 82 (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) the Party giving Notice will give Notice by email or personal delivery. A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A18.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A19.0 SEVERABILITY OF PROVISIONS A19.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. A20.0 WAIVER A20.1 Waiver Request. Either Party may, in accordance with the Notice provision set out in Article A17.0, ask the other Party to waive an obligation under the Agreement. A20.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to Section A20.1 will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. A21.0 INDEPENDENT PARTIES A21.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS A22.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors, and permitted assigns. A23.0 GOVERNING LAW A23.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province Page 186 of 292 Page 22 of 82 of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A24.0 FURTHER ASSURANCES A24.1 Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise 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 their full extent. A25.0 JOINT AND SEVERAL LIABILITY A25.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A26.0 RIGHTS AND REMEDIES CUMULATIVE A26.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A27.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. Page 187 of 292 Page 23 of 82 A28.0 SURVIVAL A28.1 Survival. The following Articles and Sections, and all applicable cross-referenced Sections and Schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 5.0, Article A1.0 and any other applicable definitions, Section A2.1(a), Section A2.2, Sections A4.2(e), A4.5, A4.6, A.4.7 Section A5.2, Section A7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), Sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A9.0, Section A11.2, Sections A12.2, A12.3, Sections A13.1, A13.2(d), (e), (f), (g) and (h), Article A15.0, Article A16.0, Article A17.0, Article A19.0, Section A22.2, Article A23.0, Article A25.0, Article A26.0, Article A27.0 and Article A28.0. - END OF GENERAL TERMS AND CONDITIONS - Page 188 of 292 Page 24 of 82 SCHEDULE “B” SBEC PROGRAM SPECIFIC INFORMATION Maximum Funds $ 550,365 Expiry Date June 30, 2022 Amount for the purposes of Section A5.2 (Disposal) of Schedule “A” $ 2,000 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Lyn Doering, Manager, Relationship and Contract Management Address: Ministry of Economic Development, Job Creation and Trade Commercialization and Scale-up Networks Branch Relationship and Contract Management Unit 2 Queen East, 3rd floor Toronto, Ontario M5C 3G7 Email: lyn.doering@ontario.ca Contact information for the purposes of Notice to the Recipient Position: William G. Matson, City Clerk Address: Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Email: billmatson@niagarafalls.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Tiffany Clark, CPA, CA, Director of Finance Address: Corporation of the City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Email: tclark@niagarafalls.ca Page 189 of 292 Page 25 of 82 SCHEDULE “C” SBEC PROGRAM A. SBEC PROGRAM DESCRIPTION The Recipient will undertake the delivery of the SBEC Program including three main Initiatives: 1. SBEC Core Initiative, 2. Starter Company Plus Initiative, and 3. Summer Company Initiative, which are intended to provide important resources, training, mentoring to entrepreneurs, businesses, and Youth, as applicable, and/or Micro–Financing to individuals and Youth to start, expand, or purchase, as applicable, a small business in Ontario. SBEC PROGRAM OBJECTIVES 1. SBEC Core Initiative • Provide business advisory supports and skills development to Ontario’s entrepreneurs and small businesses to improve the success rate and longevity of small businesses and build growth and prosperity in local communities. • Services are focused on Clients starting a business or expanding an existing business which are typically less than five (5) years in operation and have under ten (10) employees. 2. Starter Company Plus Initiative • Provide training, mentoring and Micro-Financing opportunities for Approved Participants to start, expand or buy a small business. • Address local and/or regional economic development needs, and where appropriate focus on special industries and sectors. 3. Summer Company Initiative • Provide training, mentoring and Micro-Financing of up to $3,000 to Youth who wish to start a full-time business over the summer. • Inspire more Youth to choose entrepreneurship as a career option and equip them with tools to succeed. Page 190 of 292 Page 26 of 82 B. SBEC PROGRAM COMPONENTS The Recipient shall deliver all the SBEC Program components below for the Initiatives. SBEC PROGRAM COMPONENTS 1. SBEC Core Initiative Initial Assessment/Inquiries The Recipient shall: • Respond to inquiries related to entrepreneurship and small business, and Recipient service offerings (initiatives, programs and services available). • Direct Clients to appropriate Recipient services or refer to other entrepreneurship stakeholder services. Business Advisory/Coaching The Recipient shall work with Clients to provide personalized options, information and advisory support to address their business needs. The Recipient shall offer: • Initial one-on-one consultation, on a no fee basis to each Client. • Any additional consultation (advanced/in-depth) may be offered to the Client. Fees, if any, and the amount (cost- recovery or otherwise) are to be determined by the Recipient. The consultation can take place at the Recipient location or offsite. • Mentorship and/or coaching services to Clients. Services may be delivered on a non-fee or fee basis. • Referrals for third party “professional” consultations (i.e. accountants, real estate). Business Skill Development The Recipient shall assist Clients in starting, maintaining or expanding their small business through short term workshops, events or activities. The Recipient shall: • Conduct and/or facilitate seminars and workshops that focus on entrepreneurship, small business and business development. Other than the initial consultation which shall Page 191 of 292 Page 27 of 82 be complementary, fees, if any, are to be determined by the Recipient. • Host and/or organize networking activities or events. These activities or events can be targeted to serve specific demographics (i.e.-Women, Indigenous and Youth entrepreneurs), to be determined by the Recipient. Resources To raise the profile and promote small businesses in Ontario, the Recipient shall offer the following resources to assist businesses to proposer and expand: • Conduct outreach services to the community to promote the services of the Recipient and develop partnerships within the community. • Provide computer stations (with internet) and business resources for Clients. 2. Starter Company Plus Initiative The Recipient shall deliver all four components at their sites: 1. Approved Participant Intake 2. Training and Skills Development 3. Mentorship 4. Micro-Financing (Funds contributed by the Province up to $5,000) The Recipient shall ensure that all Approved Participants who are eligible and approved by the Recipient undertake the first three components. The fourth component is not required. The availability of the Micro-Financing component for an Approved Participant shall be determined by the Recipient. The Recipient shall determine an individual’s eligibility and suitability for Starter Company Plus Initiative as well as their general business needs. The Recipient shall: • Assess individuals based on eligibility requirements outlined in the Guidelines and the local suitability criteria developed by the Recipient. Page 192 of 292 Page 28 of 82 o If the individual is eligible and suitable, and the individual wishes to proceed with the Initiative, the Recipient accepts the individual as an Approved Participant. o If the individual is not eligible or not suitable for Starter Company Plus Initiative, the Recipient shall direct the individual to other entrepreneurship initiatives, programs and services. • Have a decision model in place that provides rationale for approval to participate in the Starter Company Plus Initiative. • Work with the Approved Participant to develop a customized Learning Plan outlining required training and mentorship based on the Approved Participant’s business needs and goals. Training and Skills Development The objective of the Training and Skills Development component is to help Approved Participants start, expand or purchase a business by providing short term workshops or activities. This can include seminars, workshops, networking events and experiential learning. Activities can be completed in a classroom, one-on-one, or in a group setting. The Recipient shall: • Develop content and a suitable delivery method of training and skills development for each Approved Participant. The Recipient will organize, schedule and sequence the workshops to meet Approved Participants’ needs in a way that is suitable for their organization. • Provide short-term training and skills development opportunities to enhance business knowledge and skills to support Approved Participants in starting, expanding or purchasing a business. • Monitor when an Approved Participant has finished the identified training on their Learning Plan. Mentoring The Recipient must match each Approved Participant with a designated mentor and/or a group of mentors. Mentorship activities provides the Approved Participant with a trusted confidante that can provide business expertise and share business experience. Activities can include, but are not limited to, identifying challenges, Page 193 of 292 Page 29 of 82 working on problem solving strategies, developing networking skills, expanding contact networks and providing overall guidance. The Recipient shall: • Match each Approved Participant with a mentor who will provide support, entrepreneur advice and expertise for a minimum of three months. • Recruit, train and coordinate a mentorship network to meet the needs of the Initiative. • Monitor the Approved Participant-mentor match and record when the component has been completed. Approved Participants can participate in the training and skills development and mentorship component concurrently. Micro-Financing Each Approved Participant that the Recipient approves for Micro- Financing shall receive up to $5000 in Funds by the Province. The Recipient may find funding locally to match or increase the Micro- Financing amount. The Micro-Financing is administered and distributed by each Recipient. Such Approved Participants must also match the Micro-Financing amount by 25% (may include in kind contributions). The matching contribution may be waived by the Recipient under exceptional circumstances only. The Recipient shall: • Establish a Micro-Finance Committee. • Develop all required procedures and criteria governing Micro- Financing administration. • Prepare, negotiate and enter into Micro-Financing Agreements with Approved Participants prior to disbursement of Funds. The Micro-Financing Agreement shall outline the terms and the conditions of Micro-Financing including eligible expenditures, milestones and grounds for repayment in addition to the requirements set out in Schedule “A” Section A4.3 (h), (i) and (j). • Distribute Micro-Financing to all Approved Participants. Page 194 of 292 Page 30 of 82 • Where Approved Participants fail to comply with Starter Company Plus Initiative requirements or any requirements under the Micro-Financing Agreement, the Recipient shall make all necessary efforts to recoup all or part of the Funds on behalf of the Province. 3. Summer Company Initiative Intake- Application Process Youth interested in participating in the Summer Company Initiative are required to complete an online eligibility checklist, and if the individual is deemed eligible, may then submit an online application request to the Recipient. The Recipient will then contact the Youth and ask him or her to submit an online application, which includes a business plan and a description of the eligible business and cash flow. Those applicants will then be interviewed by the Recipient and informed if they have been accepted as Approved Participants. The Recipient shall: • Promote and market the Initiative to targeted groups. • Review application inquiries to determine if potential applicants meet Initiative eligibility. • Distribute Summer Company Initiative applications to Youth applicants. • Assist Youth in completing Summer Company Initiative applications. • Review submitted Summer Company Initiative applications for completeness and assess if Summer Company Initiative requirements and Guidelines have been met. • Interview Youth applicants and select Approved Participants. • Ensure the Approved Participant has met all the requirements to participate. A list of requirements is outlined in the Summer Company Initiative Guidelines. • Enter into Summer Company Initiative Micro-Financing Agreement with the Approved Participant. • Meet Approved Participant targets as identified by the Province. Business Training and Coaching The Recipient shall provide short term workshops or activities designed to help Approved Participants with the skills and tools to succeed in entrepreneurship. The training can focus, but not limited to marketing and sales, HST, record/book keeping, time management, customer service, insurance and risk management. Page 195 of 292 Page 31 of 82 The Recipient shall: • Recruit and coordinate business mentors. Mentors must have a valid criminal background check issued by the police within the last six months and have an understanding of the objectives, business planning and operations of the Summer Company Initiative, and must maintain confidentiality of all information amongst other obligations set out further under Schedule “A”, Section A4.3 (k). • Assign the Approved Participant to a mentor or mentor group. • Provide a minimum of 12 hours of business training and guidance per Approved Participant. • Conduct one on-site visit at the project location for the Approved Participant for ongoing support and guidance. • Monitor Approved Participant progress to ensure compliance with the business plan and cash flow forecasts. • Conduct exit interviews with the Approved Participants to ensure all Summer Company Initiative requirements have been met. Micro Financing Approved Participants are eligible to receive up to $3000 in Micro- Financing to support start-up costs and completion of their project under the Summer Company Initiative. Micro-Financing is issued by the Recipient in two installments. The Recipient shall: • Establish a Micro-Finance Committee. • Develop all required procedures and criteria governing Micro- Financing administration. • Prepare, negotiate and enter into Micro-Financing Agreements with Approved Participants prior to disbursement of Funds which will be paid out in two instalments. The Micro-Financing Agreement shall outline the terms and the conditions of Micro- Financing including eligible expenditures, milestones and grounds for repayment in addition to the requirements set out in Schedule “A”, Section A4.3 (h), (i) and (j). • Distribute the first instalment after execution of the Micro- Financing Agreement. Page 196 of 292 Page 32 of 82 • Distribute the second instalment once the Approved Participant has completed all requirements of his or her project under the Initiative and Micro-Financing Agreement. • Where an Approved Participant fails to comply with Summer Company Initiative requirements or any requirements under the Micro-Financing Agreement, the Recipient shall make all necessary efforts to recoup all or part of the Funds on behalf of the Province. SCREEN Reporting The Recipient is required to: • Administer and approve applications through the Summer Company Initiative Registration, Eligibility and Evaluation Network web-based system (“SCREEN”). • Report identified performance measures through the SCREEN input report. • Collect and submit success stories. • Distribute a survey to Approved Participants in a format and in accordance with the timelines to be provided by the Province. C. MICRO-FINANCING The Recipient shall establish a Micro-Financing Committee to review and approve Micro- Financing for any Approved Participants under the Starter Company Plus Initiative and the Summer Company Initiative, as applicable. The scope and parameters of the Micro-Financing Committee are to be determined by the Recipient. Micro-Financing shall support: STARTER COMPANY PLUS INITIATIVE SUMMER COMPANY INITIATIVE • Business start-up, expansion or purchasing a business in Ontario, provided that the Approved Participant raises at least 25% of funding for their business (which may include in-kind contributions). Under exceptional circumstances, the Recipient may waive the 25% Approved Participant funding contribution requirement. • The total Micro-Financing from the Province shall not exceed $5,000 in • Business start-up or expansion costs of the Approved Participants. • The total Micro-Financing from the Province shall not exceed $3,000 in Funds per Approved Participant for the purposes of business start-up or expansion in Ontario. • Micro-Financing must be disbursed in two instalments: o an initial disbursement of up to $1,500 for start-up expenses; and o final disbursement of up to $1,500 for successful completion of the Approved Page 197 of 292 Page 33 of 82 Funds per Approved Participant for their business. • The Recipient may find funding locally to match or increase the Micro- Financing amount. Participant’s project under the Initiative and Micro-Financing Agreement. Prior to disbursing any Micro-Financing, the Recipient must prepare and enter into a Starter Company Plus Initiative Micro-Financing Agreement or a Summer Company Initiative Micro- Financing Agreement, as applicable, with each Approved Participant in accordance with Schedule “A”, Section A4.3 (h), (i) and (j). The Recipient shall ensure that the review and approval for Micro-Financing process is fair, transparent and accountable. Without limiting the generality of the previous sentence, the Recipient shall ensure that each payment to an Approved Participant is tied to appropriate milestones and that payment is only made if satisfactory evidence of progress against the milestone is provided to the Recipient. The Recipient is responsible for creating procedures and criteria governing the operations of the Micro-Financing administration role including, recruitment, conflict of interest, decision frameworks and documentation, funding, legal and taxation. Micro-Financing Agreement The Micro-Financing Agreement shall outline the terms and the conditions of the Micro- Financing including eligible expenditures, milestones and grounds for repayment in addition to the requirements set out in Schedule “A”, Section A4.3 (h), (i) and (j). Micro-Financing Administration Micro-Financing is managed by the Recipient. This includes all financial administration, banking, and issuing of T4As. D. INDIVIDUAL ELIGIBILITY AND SUITABILITY SBEC PROGRAM INDIVIDUAL ELIGIBILITY AND SUITABILITY 1. SBEC Core Initiative SBEC Core Initiative is an entrepreneurship service providing supports to entrepreneurs and small businesses within a municipality. Page 198 of 292 Page 34 of 82 The service supports typically focus on, but not limited to entrepreneurs and small businesses: • Less than five (5) years in operation; and • Have under ten (10) employees. 2. Starter Company Plus Initiative Eligibility Individuals applying for the Initiative must satisfy the following eligibility requirements: • 18 years of age or older at the time of registration; • proposing starting a new company, expanding an existing company or buying a business in Ontario; • not attending school full time nor returning to school; • resident of Ontario; • Canadian citizen or permanent resident; • not enrolled in other provincial employment or self -employment related initiatives and programs that include or do not include financial assistance; and • not currently enrolled concurrently in any self-employment or entrepreneurship training/financing initiatives and programs offered by government funded organizations. Suitability While the Starter Company Plus Initiative is open to all eligible individuals, it is a training and mentoring initiative geared towards assisting those in need of business knowledge and support. Approval into the Starter Company Plus Initiative is competitive and eligible applicants may not all be accepted. As the Initiative aims to address local and/or regional economic development needs, the Recipient may prioritize participation based on specific industries and sectors. 3. Summer Company Initiative Eligibility Individuals applying for the Initiative must satisfy the following eligibility requirements: • a student between 15 and 29 years old as of April 30 of each Funding Year (a parent or guardian must sign the application for applicants under 18); • starting a new eligible business (see Section “E” below); • attending school and returning to school in the fall (this includes full-time, part-time, homeschooling, e-learning, distance learning, apprenticeships, trade schools, etc.); • a resident of Ontario; • a Canadian citizen or a permanent resident; • not working at another job or attending school for more than 12 hours per week during the term of the project under the Initiative; • self-employed as defined by the Canada Revenue Agency; Page 199 of 292 Page 35 of 82 • able to work over the summer period: o a minimum of 280 hours if a high school student o a minimum of 420 hours if a post-secondary student • has not received funding from the Summer Company Initiative in the past. Under exceptional circumstances, exceptions may be granted by the Recipient. E. ELIGIBILITY CRITERIA FOR A NEW BUSINESS UNDER THE SUMMER COMPANY INITIATIVE SBEC PROGRAM INITIATIVE BUSINESS ELIGIBILITY Summer Company Initiative Eligible Youth must create a new business that meets the following criteria: • A sole proprietorship or a corporation where the applicant will be the majority shareholder; • An independent business venture; • A new business, not previously registered or operated on an on-going basis; • Operates at arm’s length from family business ventures; • Operates in Ontario; • Operates full-time as defined in the business plan; and • Follows government rules and regulations for operating a business. Businesses that are not eligible: • partnerships/co-operatives; • franchises; • distributorships; • incorporated businesses that are controlled directly or indirectly by a person who would not be an eligible Youth under the Summer Company Initiative; • business ventures that are subsidiaries or divisions of an existing business; • business ventures that are continuations of existing commercial endeavours; • commissioned sales; Page 200 of 292 Page 36 of 82 • multi-level marketing ventures; • single events such as a theatrical production, a DJ gig, a music concert, a dance/party event, a fundraiser, a sporting tournament, etc.; • businesses that are strictly pay per click; or • 1-900 businesses. F. MICRO-FINANCING ENROLMENT ALLOCATION AND TIMELINES 1) Starter Company Plus Initiative PERIOD MICRO-FINANCING ALLOCATION MICRO-FINANCING Starter Company Plus Initiative From April 1st to March 31st of each Funding Year or on a date specified by the Province Min. 8 Approved Participants $40,000 2) Summer Company Initiative Allocation PERIOD MICRO-FINANCING ALLOCATION MICRO-FINANCING Summer Company Initiative From January 1 to June 30 of each Funding Year or on a date specified by the Province Max. 6 Approved Participants $18,000 Funds allocated to Micro-Financing must be spent on Micro-Financing for Summer Company Initiative Approved Participants and Starter Company Plus Initiative Approved Participants. Page 201 of 292 Page 37 of 82 In accordance with Schedule “A”, Section A4.4, certain relocations of Funds in the Budget are permitted. Any unspent Funds including Micro-Financing per Funding Year must be returned to the Province. Page 202 of 292 Page 38 of 82 G. PERFORMANCE METRICS The Recipient is responsible for reporting on activities and outcomes of the SBEC Program through the collection and reporting of key performance measures identified by the Province. Definitions for the performance metrics listed below can be found on the Enterprise Centre Report web portal (https://www.ontariocanada.com/ecr). 1. SBEC Core Initiative • Businesses Started • Businesses Purchased • Businesses Expanded • Jobs Created • Inquires • New Client Consultations (Starting a Business) • New Client Consultations (Existing Business) • Repeat Client Consultations • French Language Consultations • Referrals to Public Sector • Referrals to Private Sector Professionals • Workshops/Seminars • Outreach Connections • Events Hosted • Events Attendance • Mentorship matches 2. Starter Company Plus Initiative • Jobs Created • Completed Approved Participants • Businesses Started • Businesses Expanded • Dollar Value of Investment leveraged • Micro-Financing Issued • Businesses Purchased 3. Summer Company Initiative • Businesses Started • Application Inquiries • Application Submissions • Approved Participants • Mentoring Hours /Training Hours • Completed Approved Participants • Approved Participant Defaults • Approved Participant Withdrawal • Jobs Created • Interest in pursuing entrepreneurship as a career option Reporting timelines and formats are provided in Schedule “G” Reports. Page 203 of 292 Page 39 of 82 H. SBEC PROGRAM PLAN AND OUTCOMES ApplicantComponent Project ManagementFunding Year Partnership Development Participant Supports Job Placements Contacts made with entrepreneurs at events outside of the SBEC (includes tradeshows, partnership events and community events # Outreach Connections 200 Bridges, E-Business and Womens Event # Events Hosted 3 Combined attendance at Bridges, E-Business and Womens Event # Events Attendance 200 Matches made with entrepreneurs and entrepreneur mentor (facilitated during consultation process where need arises) # Mentorship matches 10 Telephone Inquiries, Walk-Ins, E-Mail and Social Media. Inquiries arising from advertising and partnerships established by the SBEC # Inquiries 1900 Consultation with new business start-up; at minimum 30 minutes including advisory component # New Client Consultations (Starting a Business)215 Consultation with business already in operation (with sales); at minimum 30 minutes including advisory component # New Client Consultations (Existing Business)80 Repeat consultion with new or existing business; during initial visit entrepreneurs are informed that services are available for multiple visits # Repeat Client Consultations 110 Offer of French language consultation is in place if requested # French Language Consultations 0 Referrals made to the public sector (including WSIB, CRA, College of Trades etc)# Referrals to Public Sector 100 Referrals made to a private sector professional (accounting, legal, marketing, etc)# Referrals to Private Sector Professionals 100 Business planning, bookkeeping, market research, financing, HR, legal, government services, and other workshops offered at the SBEC # Workshops/Seminars 25 New businesses started as a result of consultation and work done with SBEC staff. Results tabulated through client follow-up # Businesses Started 90 Clients who have purchased existing business; tabulated through client follow-up # Businesses Purchased 3 Business that have increased sales and/or staff; tabulated through client follow-up # Businesses Expanded 10 New jobs created due to business start-up or expansion; tabulated through client follow-up # Jobs Created 115 Number of businesses started during the Summer # Businesses Started 6 Application inquiries received from marketing efforts # Application Inquiries 20 Business plans submitted and students interviewed # Application Submissions 8 Grants offered to start new summer businesses # Approved Participants 6 12 hours of training per approved participant; 5 one hour mentor meetings per approved participant # Mentoring Hours /Training Hours 102 (17 per student) Students that have attended training, mentor meetings, and completed cash flows and journals as per their agreement # Completed Approved Participants 6 # Participant Defaults 0 # Participant Withdrawal 0 Full time Summer Company jobs operating during the Summer # Jobs Created 5 6 grants at $3,000 after interview and business evaluation # Micro-Financing Issued 6 Students indicated that entrepreneurship is a strong interest after completion of school # Interest in pursuing entrepreneurship as a career option 4 Participants recruiting into the program through advertising that have completed the training and mentoring components # Completed Approved Participants 15 Business started due to traininh, mentoring and grant issuance # Businesses Started 8 Businesses who have already recorded sales; through training and mentoring sales/employees will be expanded # Businesses Expanded 3 # Businesses Purchased 0 Funds invested from private sources by program participants. Referrals are in place to source additional financing for applicants # Dollar Value of Investment leveraged $50,000 Grants issued to successful applicants following training, business plan completion and pitch to grant committee # Micro-Financing Issued 8 Jobs created due to applicants receiving training, mentoring and/or a grant # Jobs Created 12 Definitions Key Activities: the actions that will be undertaken to implement the component during the project Performance Metrics: how actions will be evaluated in accordance with the Project description and guidelines SBEC Program Delivery for Summer Company Initiative (Outline key activities associated with the delivery of this initiative. Examples: Administration, Intake, Training and Skills Development, Mentorship, Mirco-Financing). Please specify local/region area and/or focus on special industry/sector. SBEC Program Delivery for Starter Company Plus Initiative (Outline key activities associated with the delivery of this initiative. Examples: Administration, Intake, Training and Skills Development, Mentorship, Micro-Financing) SBEC Program Delivery for SBEC Core Initiative (Outline key activities associated with the delivery of this initiative. Examples: Administration, Strategic Planning and Recruitment, Initial Assessment/Inquiries, Business Advisory/Coaching, Business Skill Development, Events, Partnership Communications). Please specify Service Region pursuant to Guidelines. Recipient Name: Niagara Falls Small Business Enterprise Centre / Corporation of the City of Niagara Falls Performance Metrics Components Key Activity Actual Final Results SBEC Program Outreach/Marketing/Events for all initiatives (Identify/list key steps to promote and market this SBEC Program to Audiences) Actual Interim Results Anticipated Results (Determine your Targets below) Page 204 of 292 Page 40 of 82 SCHEDULE “D” BUDGET Component Project Management Outreach Marketing and Recruitment Partnership Development FUNDING YEAR TOTAL Budget Budget Budget In Cash In Cash In Cash SBEC PROGRAM INITIATIVES EXPENSES SBEC Program Delivery (A) SBEC Program Delivery for SBEC Core Initiative (Salary & MERCS, consultations, workshops, outreach, events, marketing/advertising, and travel)$243,641 $246,824 $250,062 SBEC Program Delivery for Starter Company Plus Initiative (mentoring, grant committee, workshops, outreach, events, marketing/advertising, and travel)$4,300 $7,600 $7,600 SBEC Program Delivery for Summer Company Initiative (training, mentoring, workshops, outreach, events, marketing/advertising, and travel)$4,650 $4,650 $4,650 Subtotal (A) $252,591 $259,074 $262,312 $773,977 Administration (B) (Max. 10% of total Expenses per Funding Year) SBEC Program Administration (Courier, Phone, Office supplies, Rent, and Audit at the end of the term)$8,250 $8,250 $18,250 Subtotal (B)$8,250 $8,250 $18,250 $34,750 Micro Financing for Approved Participants Summer Company Initiative (D) (6 grants @ $3,000)$18,000 $18,000 $18,000 Starter Company Plus Initiative (C) (8 grants @ $5,000)$40,000 $40,000 $40,000 TOTAL EXPENSES (A+B+C+D)$318,841 $325,324 $338,562 $982,727 REVENUES Cash Contribution Cash Contributions from Municipality and Other Sources - Only consider cash contribution that can be audited (E) $126,164 $146,480 $159,719 $432,363 Funds from the Province Maximum Funds per Funding Year from the Province (F)$178,844 $178,844 $550,364 TOTAL REVENUES (E+F)$318,841 $325,324 $338,562 $982,727 See Schedule "I" for Eligible Expenditures for more details. $192,677 $260,841 Note: The Recipient shall not make any changes to the Budget, except for certain changes that may be made in accordance with Section A 4.4 of the Agreement. $808,727 Subtotal Expenses (C+D)$58,000 $58,000 $58,000 $174,000 Subtotal Expenses (A+B) $280,562$267,324 Recipient Name: Niagara Falls Small Business Enterprise Centre / The Corporation of the City of Niagara Falls 2019/2020 2020/2021 2021/2022 Page 205 of 292 Page 41 of 82 SCHEDULE “E” SBEC PROGRAM GUIDELINES SBEC Program Guidelines can be downloaded at https://www.ontariocanada.com/ecr/controller/ReportHelp Page 206 of 292 Page 42 of 82 SCHEDULE “F” PAYMENT SCHEDULE FUNDS PER FUNDING YEAR: $178,844 (plus top up of $13,833 in year one only) Maximum Funds: $550,365 TERM: 3 Years PAYMENT DATE OR MILESTONE AMOUNT OF FUNDS TOTAL DISBURSEMENT Payment 1: Upon both parties signing the Agreement and receipt and approval by the Province of the insurance certificate required under Schedule “A”, Article 10. Up to $107,306.40 (up to 60% of Funds per Funding Year) plus $13,833 approved top- up funds. $121,139.40 Payment 2: Upon receipt and approval by the Province of the Quarterly Reports, Summer Company Initiative success stories and Interim Report pursuant to Schedule “G” on or before November 15, 2019. Up to $71,537.60 (up to 40% of Funds per Funding Year) Less 10% of Funds per Funding Year for holdback $53,653.20 Payment 3: Upon receipt and approval by the Province of the Fiscal Year-End Report for the first Funding Year pursuant to Schedule “G” on or before April 15, 2020. Up to $107,306.40 (up to 60% of Funds per Funding Year) $107,306.40 Payment 4: Upon receipt and approval by the Province of the Quarterly Reports, Summer Company Initiative success stores and Interim Report pursuant to Up to $71,537.60 (up to 40% of Funds per Funding Year) $53,653.20 Page 207 of 292 Page 43 of 82 Schedule “G” on or before November 15, 2020. Less 10% of Funds per Funding Year for holdback Payment 5: Upon receipt and approval by the Province of the Fiscal Year-End Report for the second Funding Year pursuant to Schedule “G” on or before April 15, 2021. Up to $107,306.40 (up to 60% of Funds per Funding Year) $107,306.40 Payment 6: Upon receipt and approval by the Province of the Quarterly Reports, Summer Company Initiative success stores and Interim Report pursuant to Schedule “G” on or before November 15, 2021. Up to $71,537.60 (up to 40% of Funds per Funding Year) Less 10% of Funds per Funding Year for holdback $53,653.20 Payment 7: Upon receipt and approval by the Province of the Final Report and Audit Report on or before May 31, 2022 pursuant to Schedule “G”. Release of holdback: $53,653.20 (10% of Funds per Funding Year from holdback) $53,653.20 Page 208 of 292 Page 44 of 82 SCHEDULE “G” REPORTS Name of Report Due Date 1. Summer Company Initiative SCREEN Input Report To be made available at all times during the term of the Agreement; and to be submitted on or before November 15 of each Funding Year 2. Proof of Insurance Report: • Proof of Insurance Certificate for each Funding Year On or before February 15 of each Funding Year 3. Quarterly Report: • Enterprise Centre Reporting (ECR) on performance metrics/outcomes for SBEC Core Initiative and Starter Company Plus Initiative On or before 10 Business Days after the end of each quarter for each Funding Year: • Quarter #1: April 1 – June 30 • Quarter #2: July 1 – September 30 • Quarter #3: October 1 to December 31 • Quarter #4: January 1 to March 31 4. Summer Company Initiative success stories • Including the Summer Company Initiative: Release and Consent Form Assignment of Copyright and Waiver of Moral Rights Form attached as Schedule “O” August 31 of each Funding Year 5. Interim Report: • Updated SBEC Program plan and outcomes chart and budget as of September 30 of each Funding Year • Request for Payment and Certificate (including the Activities and Outcomes Report and the Budget Report) attached as of September 30 of each Funding Year per Schedule “H” to be signed by a senior officer • French Language Services Act (Ontario) Checklist attached as Schedule “M” to be signed by a senior officer. By November 15 of each Funding Year 6. Fiscal Year-End Report • Updated SBEC Program plan and outcomes chart and budget as of March 31 of each Funding Year, except the last Funding Year By April 15 of each Funding Year, except the last Funding Year Page 209 of 292 Page 45 of 82 REPORT DETAILS 1. Summer Company Initiative SCREEN Input Report The Recipient shall complete and deliver by November 15th of each Funding Year the following table for the SCREEN Input Report: SCREEN Input Report Current Year Number of Application Inquiries Number of Submissions Number of Approved Participants • Request for Payment and Certificate (including the Activities and Outcomes Report, the Budget Report, and the SBEC Program Narrative Report) attached as Schedule “H” as of March 31 of each Funding Year, except the last Funding Year to be signed by a senior officer 7. Final Report: • Updated SBEC Program plan and outcomes chart and budget as of March 31, 2022 • Request for Payment and Certificate (including the Activities and Outcomes Report, the Budget Report, and the SBEC Program Narrative Report) attached as Schedule “H” as of March 31, 2022 • To be signed by a senior officer By May 31, 2022 8. Audit Report • Attached as Schedule “L”. • To be prepared and signed by a chartered accountant. By May 31, 2022 9. Starter Company Plus Initiative and Summer Company Initiative post-progress reporting By May 31, 2022 10. Other reports or information requests On a date or dates specified by the Province Page 210 of 292 Page 46 of 82 Number of Withdrawals (Approved Participant withdrew after approval by the Recipient). Number of Defaults (Approved Participant did not complete his/her Summer Company Initiative business in accordance with the Summer Company Guidelines and his/her Summer Company Initiative Micro-Financing Agreement). 2. Proof of Insurance Report Proof of Insurance Certificate to be supplied by the Recipient in accordance with Schedule “A”, Article A10.0. 3. Quarterly Report The Recipient shall report back to the Province quarterly in the Enterprise Centre Reporting (ECR) system as of the Effective Date through to and including the Expiry Date for SBEC Core Initiative and Starter Company Plus Initiative on key performance metrics set out in Schedule “C”, Section G. 4. Summer Company Initiative Success Stories All Summer Company Initiative success stories shall be submitted electronically to summer.company@ontario.ca unless otherwise directed by the Province. The Recipient shall submit success stories equaling to at least 10% of the total number of the Summer Company Initiative Approved Participants. The success stories shall include a description of the Approved Participants business and experience with the Summer Company Initiative; and photos. The stories shall be a minimum 100 words each. Photos will meet the below requirements: • Should be action shots or should show the student displaying his/her business product or service; • Should NOT include a third party; Page 211 of 292 Page 47 of 82 • Must be HIGH Resolution File (see below); and • Must be saved as First_LastName_City of ProgramProvider.JPEG (for example: John_Doe_Windsor). High Resolution File Size (Mb) / Picture Photo Requirements: > 1000x1400 pix > 1.0 MB The Recipient will ensure that for each success story submission (comprised of (i) the story describing the student’s Summer Company Initiative participation; and (ii) photograph(s) of the student participant), the following completed and signed forms (all of which are accessible through SCREEN and attached as Schedule “O”) shall accompany each submission and will be provided to the Province: i. Release and Consent Form signed by the Approved Participant (if the Approved Participant is a minor then signed by his or her guardian); ii. Assignment of Copyright (Part 1 of 2): two copies completed, and duly signed and witnessed by the (i) storywriter; and (ii) the photographer (which may be the same or different persons as applicable including the student him or herself); and iii. Waiver of Moral Rights (Part 2 of 2): two copies completed, and duly signed and witnessed by the (i) storywriter; and (ii) the photographer (which may be the same or different persons as applicable including the student him or herself). 5. Interim Report The Interim Report will be in a template to be provided by the Province, but must include: • Updated SBEC Program plan and outcomes chart and budget. o Actual expenditures spent as compared to the Budget as of September 30 of each Funding Year. Any actual or anticipated variances in the Budget that comply with Schedule “A”, Section A4.4 of the Agreement must be identified and reported on. • Request for Payment and Certificate (including the Activities and Outcomes Report and the Budget Report) attached as Schedule “H” to be signed by a senior officer. • For any acquisition valued at $25, 000 or more in accordance with Schedule “A”, Section A5.1 submit full documentation of the competitive process used for any sub - contract for goods or services (excluding industry experts and employers that the Recipient partners with to deliver the SBEC Program). • French Language Services Act (Ontario) Checklist attached as Schedule “M” to be signed by a senior officer. Page 212 of 292 Page 48 of 82 6. Fiscal Year-End Report The Fiscal Year-End Report will be in a template to be provided by the Province, but must include: • Updated SBEC Program plan and outcomes chart and budget. o Actual expenditures spent as compared to the Budget as of March 31 of each Funding Year, except the last Funding Year. Any actual variances in the Budget that comply with Schedule “A”, Section A4.4 of the Agreement must be identified and reported on. • Request for Payment and Certificate (including the Activities and Outcomes Report, the Budget Report, and the SBEC Program Narrative Report) attached as Schedule “H” to be signed by a senior officer. • For any acquisition valued at $25, 000 or more in accordance with Schedule “A”, Section A5.1 submit full documentation of the competitive process used for any sub - contract for goods or services (excluding industry experts and employers that the Recipient partners with to deliver the SBEC Program). 7. Final Report The Final Report will be in a template to be provided by the Province, but must include: • Updated SBEC Program plan and outcomes chart and budget. o Actual expenditures spent as compared to the Budget as of March 31, 2022. Any actual variances in the Budget that comply with Schedule “A”, Section A4.4 of the Agreement must be identified and reported on. • Request for Payment and Certificate (including the Activities and Outcomes Report, the Budget Report, and the SBEC Program Narrative Report) attached as Schedule “H” to be signed by a senior officer. • For any acquisition valued at $25, 000 or more in accordance with Schedule “A”, Section A5.1 submit full documentation of the competitive process used for any sub - contract for goods or services (excluding industry experts and employers that the Recipient partners with to deliver the SBEC Program). 8. Auditor’s Certificate The Recipient will provide the Province with an Auditor’s certificate in the form of Schedule “L”. • To be prepared and signed by a chartered accountant. 9. Starter Company Plus Initiative and Summer Company Initiative post-progress reporting Page 213 of 292 Page 49 of 82 Pursuant to Schedule “A”, Section A4.3(i)(ii) and in accordance with the Micro-Financing Agreement, the Recipient shall provide the stipulated post-SBEC Program reporting. 10. Other reports or information requests The Province will specify the timing and content of any other reports that the Recipient may be required to submit, to the satisfaction of the Province. Page 214 of 292 Page 50 of 82 SCHEDULE “H” REQUEST FOR PAYMENT AND CERTIFICATE TO: The Ministry of Economic Development, Job Creation, and Trade FROM: [Instructions to staff: Recipient to fill out]. RE: Request for Funds for the Period Ending: _________________________________ 1. REQUEST FOR FUNDS A. Amount requested: ARTICLE 1 SBEC Program Delivery (A) and Administration (B) requested: $ Micro-Financing for Approved Participants requested for Summer Company Initiative (C): $ Micro-Financing for Approved Participants requested for Starter Company Plus Initiative (D): $ Total Requested (A+B+C+D): $ B. Actual interest* earned on all Funds this Funding Year to date: $ *interest will be deducted at the end of each Funding Year ARTICLE 2 2. ACTIVITIES AND OUTCOMES REPORT a. Quarterly Reporting on performance metrics/outcomes have been reported on Enterprise Centre Reporting (ECR): ARTICLE 3 ARTICLE 4 Yes ARTICLE 5 No b. Progress against planned key activities and performance metrics is on track (SBEC Program plan and outcomes chart): ARTICLE 6 ARTICLE 7 Yes ARTICLE 8 No If no, explain delays and/or deficits and actions that will be taken to address them: ARTICLE 9 c. Please describe the main activities & outcomes (Max. 1000 words). Page 215 of 292 Page 51 of 82 2. BUDGET REPORT Budget allocation for this Funding Year has been expended as planned: Yes No If no, provide rationale for Budget variances that are not in accordance with Schedule “A”, Section A4.4 and actions that will be taken to address them: 3. SBEC PROGRAM NARRATIVE REPORT (to be reported for the Final Report ONLY) Briefly describe key outcomes, successes to date such as media attention, regional connections established, SBEC Program improvements, etc. (Max 1000 words). I, <Enter (name), (title) of senior officer> of the Recipient, on behalf of the Recipient, hereby certify that: 1. To the best of my knowledge, information and belief, and after making all appropriate examinations and enquiries, the Recipient is in compliance with the terms and conditions of the Agreement and that no material changes have been made to the SBEC Program or Budget, as such terms are defined in the Agreement; 2. On and as of the date hereof, the unspent balance of Funds for the period ending <enter day/month/year > is $●. 3. On and as of the date hereof, the revenues and expenditures for the period ending <Enter day/month/year > are accurately reported and that all Funds were spent in accordance with the terms of the Agreement; 4. On and as of the date hereof, the amount requested herein as an advance in Funds will be incurred on behalf of the Recipient solely for Eligible Expenditures per Schedule “I”; and Page 216 of 292 Page 52 of 82 5. On and as of the date hereof, the attached Reports, namely (Activities and Outcome Report, [and] Budget Report [and SBEC Program Narrative Report [include for Final Report only]]) are true and accurate. IN WITNESS WHEREOF the undersigned has hereunto signed these presents this ● day of ●, 20●●. Per: ____________________________ Name: TITLE OF SENIOR OFFICER: Page 217 of 292 Page 53 of 82 SCHEDULE “I” ELIGIBLE EXPENDITURES Eligible and Ineligible Expenditures Eligible Expenditures must be directly related to the delivery of the SBEC Program and Budget and not of a nature which would have been incurred by the Recipient in the normal course of business. Documentation for all expenditures must be kept on file for audit purposes. The Province reserves the right to make a determination on the eligibility of expenditures submitted for reimbursement. In the event of any interpretation issues regarding the eligibility, valuation or other matter regarding expenditures, the decision of the Province shall be final and determinative. Expenses not described in the categories set out in this document require prior written approval of the Province in order to be considered Eligible Expenditures. Eligible Expenditures Eligible Expenditures include, but are not limited to: • SBEC Program administration and overhead (not to exceed 10% of amount budgeted for the SBEC Program expenses as described in the Budget) pursuant to Schedule “A”, Section A4.4(c)(i). • Travel costs to attend business meetings within Ontario related to the administration of the Agreement or to attend meetings that the Province convenes or supports, all of which shall be subject to the Recipient’s guidelines on travel, meal and hospitality expenses provided that such guidelines are no less stringent than the Province’s Travel, Meal and Hospitality Expenses Directive a summary of which is attached in Schedule “J”. • Professional fees, including legal and audit fees: a) directly related to and required for the management of the SBEC Program or b) to conduct the activities and services relating to the SBEC Program as described in the Budget. Costs are not to exceed demonstrated fair market value. • Costs related to work performed by companies or individuals that contribute to the delivery of the SBEC Program. Consulting or other services directly related to the delivery of the SBEC Program must be costed at demonstrated fair market value or less. • Telecommunication fees including connectivity charges directly related to and required for the management of the SBEC Program. • Staff training costs directly related to delivery of the SBEC Program. • Development, marketing and delivery expenditures. • Training delivery directly related to the development and delivery of the SBEC Program, all of which shall be subject to the Recipient’s guidelines on travel, meal and hospitality Page 218 of 292 Page 54 of 82 expenses provided that such guidelines are no less stringent that the Province’s Travel, Meal and Hospitality Expenses Directive. • ‘Salary and MERCs’ which are pro–rated to the time spent directly on the delivery of the activities and services relating SBEC Program as described in the Budget. • Travel costs to meet with potential partners or stakeholders within Ontario required in the development of the SBEC Program and in connection with activities and services relating to the SBEC Program as described in the Budget. • Marketing materials and related communication costs if directly related to the activities and services relating to the SBEC Program as described in the Budget. • Information and marketing session costs required to deliver the SBEC Program. Facility and equipment rental fees and utilities used to support the delivery of the SBEC Program, and not of a nature which the proponent would incur in the normal course of business, and which are demonstrably incremental to the delivery of the SBEC Program. Ineligible Costs The Funds cannot be used towards the following costs: • Costs related to referral fees for consultants. • Costs related to professional consultations by law firms or lawyers and accounting firms or accountants. • Costs related to the development of the application for funding under this Agreement. • Costs not directly associated with the delivery of the SBEC Program or directly required to meet the deliverables of the SBEC Program. • Administrative salaries, except for SBEC Program management costs covered under SBEC Program administration and SBEC Program delivery. • Out–of–province travel costs. • Capital expenses, including but not limited to, land, buildings, leasehold improvements. • Costs related to activities not related to the SBEC Program. • Annual membership fees to associations. • Stipends for Approved Participants. • Costs incurred prior to the Effective Date or after the Expiry Date. • Expenses or fees payable to organizations located outside of Ontario. • Debt reduction charges. • Bonuses. Page 219 of 292 Page 55 of 82 SCHEDULE “J” SUMMARY OF THE TRAVEL, MEAL AND HOSPITALITY EXPENSES DIRECTIVE TRAVEL – ALL EXPENSES MUST BE DIRECTLY RELATED TO THE SBEC PROGRAM Airplane: Air travel is permitted if it is the most practical and economical way to travel. • Economy (coach) class is the standard option for ticket purchase • Please purchase your ticket as early as possible to access the most reasonable fares • Prior Province approval must be obtained Train: Travel by train is permitted when it is the most practical and economic way to travel. • Coach class economy fare is the standard • Please purchase your ticket as early as possible to access the most reasonable fares Vehicle: Travel by vehicle is permitted when road transportation is the most practical, economical way to travel: • Kilometres are claimed at $0.40 per kilometre in the south and $0.41 per kilometre in the north Taxi Fares: Reimbursement of taxicab fares should be mad e only under the following conditions: • When other means of transportation are not available • When weather conditions warrant • For health and safety considerations • When transport of work–related baggage or parcels is required • For group travels when cost effective • Maximum claimable gratuity (tip) is 10% Hotels: Reimbursement of hotel costs is permitted when these costs are the most practical, economical way to accommodate the person: • A basic, economical hotel room is the standard option • Booking hotel suites or larger/more deluxe rooms should not be permitted • When a block of hotel rooms is made available for an event, conference etc. at a reduced rate, rooms at higher rates should not be covered Page 220 of 292 Page 56 of 82 • If another hotel or room is booked when a conference/event block of rooms was available, only costs up to the conference rate should be covered. It is up to the claimant to book the hotel room at the reduced rate within a reasonable timeline to get the rate. • Hotel expenses charged should be for the hotel room alone. Phone calls, room service, internet charges, movie charges, parking, other service charges etc. should not be “bundled” into the hotel room rate. The exception being any food costs that are offered as a deal within a room rate. For example, a hotel “Bed & Breakfast” option where the cost of the room and breakfast are economical. Meal Rates in Canada Including Taxes and gratuities • $10.00 Breakfast • $12.50 Lunch • $22.50 Dinner Please Note: • When a meal is provided as part of a conference or other event, the costs of an alternative meal other than the conference or event meal should not be covered. • Recommended gratuities are 10%–15% on a restaurant meal. • No alcohol costs can be claimed and should not be covered as part of meal or travel costs. • Reimbursement should be for restaurant/prepared food only. Groceries should not be covered. • Room service meals while staying at a hotel should not be covered. Submitting Claims and Records All travel claims must be maintained for financial records by the claimant a nd the organization paying the travel claim: • Claimants should submit original, itemized receipts with all claims (credit card slips are not sufficient). • All claims should be supported by original itemized receipts. “Original itemized receipts” refers to a receipt that lists the items purchased and the individual prices for each item on the receipt. • To consult with the Province’s Travel, Meal and Hospitality Expenses Directive, dated January 1, 2017 as may be amended from time to time (“Travel Directive”) please see: https://www.ontario.ca/document/travel-meal-and-hospitality-expenses-directive Page 221 of 292 Page 57 of 82 IN THE EVENT OF ANY INCONSISTENCIES IN THE ABOVE SUMMARY AS COMPARED TO THE CURRENT VERSION, THE TRAVEL DIRECTIVE SHALL PREVAIL. Page 222 of 292 Page 58 of 82 SCHEDULE “K” COMMUNICATIONS AND CONFIDENTIALITY PROTOCOL FOR ALL INITIATIVES UNDER SBEC PROGRAM 1. The Recipient shall provide to the Province, prior to public release, an electronic copy of all reports, announcements, brochures, audiovisual materials, internet materials, advertising and publicity, including design or other public communication or publi cation. 2. The Recipient shall advise the Province’s staff (to be designated by the Province) of any upcoming (positive or negative) announcements or advertising campaigns related to the Recipient’s activities as described in the SBEC Program and Budget (e.g. news re lease, news conference, awards, bankruptcies, etc.) and, at the Province’s option, provide the Province with the opportunity to participate or be present at these announcements. The Recipient will provide the Province with a minimum of ten (10) Business Days prior written notice of such announcements or advertising campaigns. (a) The Recipient will not make any public announcement related to the Recipient’s SBEC Program related activities or services without the prior approval of the Province. (b) The Recipient will respond to requests by the Province for information about any public announcement as soon as possible and in any event will provide an initial response within twenty–four (24) hours. (c) The Recipient will comply with any direction of the Province in resp ect of the Recipient’s use of any official logos of the Province on any of the Recipient’s websites, as well as promotional material and instructions for accessing the SBEC Program. (d) The Recipient will prominently display information about the SBEC Program on any of its websites, as well as promotional material and instructions for accessing the SBEC Program. (e) The Recipient will include information about the SBEC Program prominently displayed on its website, including promotional material and instructions for accessing the SBEC Program, with links to websites identified by the Province. Confidentiality A. The Province is subject to the Freedom of Information and Protection of Privacy Act (Ontario) (the “Act”). The Act provides every person with a right of access to information in the custody or under the control of the Province, subject to a limited set of exemptions. Section 17 of the Act provides an exemption for third party information that reveals a trade secret or scientific, technical, commercial, financial or labour relations information that has been implicitly or explicitly supplied in confidence to Ontario, the Page 223 of 292 Page 59 of 82 disclosure of which to a person other than a party to this Agreement could reasonably be expected to: (i) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Recipient; or (ii) result in undue loss to the Recipient. B. Any trade secret or any scientific, technical, commercial, financial or labour relations information submitted to the Province in confidence should be clearly marked. C. The Recipient is advised that the names and addresses of Clients and Approved Participants, and if applicable, any amount of Micro-Financing and the purpose for which the Micro-Financing is being granted is information to be made available to the Province upon request. Page 224 of 292 Page 60 of 82 SCHEDULE “L” AUDITOR’S CERTIFICATE TO: [Instructions: insert legal name and address of Recipient and contact person] CC: Ministry of Economic Development, Job Creation and Trade Commercialization and Scale–up Networks Branch 2 Queen East, 3rd Floor Toronto, Ontario, M5C 3G7 Attention: Manager RE: Agreement between Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development, Job Creation and Trade (“Ontario”) and [Instructions: insert legal name of Recipient] (the “Recipient”) dated effective MONTH DAY, 20XX (the “Agreement”) Except as otherwise defined herein, all capitalized terms shall have the meanings given to them in the Agreement. We have audited the accompanying Schedules (the “Schedules”) which comprise a summary of the financial and reporting provisions of the Agreement and other explanatory information, relating to the Auditor’s Certificate dated [insert date]. [Instructions to staff: Recipient to fill out] for the period [*] to [*] [Instructions to staff: Recipient to fill out]. The Schedules have been prepared by management of the Recipient based on the Final Report (Schedule “G”) provisions of the Agreement. Management’s Responsibility for the Schedules Management of the Recipient is responsible for the preparation of the Schedules in accordance with the Final Report requirements of the Agreement, and for such internal control as management of the Recipient determines is necessary to enable the preparation of the Schedules that is free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express an opinion on the Schedules based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the Schedules are free from material misstatement. Page 225 of 292 Page 61 of 82 An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the Schedules. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misinformation of the Schedules, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the management’s preparation of the Schedules in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Recipient’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the Schedules. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the Schedules for the period ⚫ to ⚫ [Instructions to staff: Recipient to fill out] is prepared, in all material respects, in accordance with the Final Report provisions of the Agreement. Basis of Accounting Restriction on Distribution and Use Without modifying our opinion, we draw attention to the note to the Schedules, which describe the basis of accounting. The Schedules are prepared to assist the Recipient to comply with the financial and project reporting provisions of the Agreement. As a result, the Schedules may not be suitable for another purpose. Our report is intended solely for the Recipient and Ontario and should not be distributed to or used by parties other than the Recipient and Ontario. DATED: ________________________ Signed Chartered Accountant [Instructions to staff: Recipient to insert name of chartered accountant. To be dated and signed by Chartered Accountant] Page 226 of 292 Page 62 of 82 SCHEDULE “M” FRENCH LANGUAGE SERVICES ACT (ONTARIO) CHECKLIST DATE: <enter day/month/year > TO: Ministry of Economic Development, Job Creation and Trade (the “Province”) FROM: <Enter legal name of Recipient> (the “Recipient”) RE: Agreement between the Province and the Recipient dated MONTH DAY, 20XX (the “Agreement”) The French Language Services Act (Ontario) (the “FLSA”) checklist for the provision of services in French in areas designated under the FLSA was introduced to facilitate the accountability and the active offer of services in French by the Recipient. DESIGNATED BILINGUAL AREA YES NO □ □ Is the Recipient located in/serving a designated bilingual area (DBA)? SIGNAGE Requirements: The signage must state that French Language Services (FLS) are available. Recipient located in/serving DBAs is required to display two signs: 1. Reception desk (which can be the bilingual banner); and 2. Front door (which can be a sticker). YES NO □ □ Does the Recipient have bilingual signage at the Reception Desk? □ □ Does the Recipient have bilingual signage at the Front Door? Page 227 of 292 Page 63 of 82 □ □ Does the Recipient have bilingual signage installed on the directory list / tabletop sign of the building? □ □ Does the Recipient have promotional posters in both English and French (including electronic message boards)? Additional Comments: RECEPTION Requirement: Recipient located in/serving Designated Bilingual Areas must have a reception protocol or framework or any similar mechanism to ensure effective engagement / participation of the Francophone community, including greeting participants with a bilingual greeting, such as “Bonjour, may I help you?” and continue to provide services in the language selected once the client has responded to the greeting. YES NO □ □ Does the Recipient offer choice of official languages to clients? □ □ Does the Recipient answer all calls in both English and French? □ □ Does the Recipient without centralized reception-train all staff to use a bilingual greeting? If a response is received in French, the staff should respond with “Un moment s.v.p.” while they call or find a bilingual clerk to assist the client. □ □ Does the Recipient have a back-up plan and resources to ensure continuity of services? Additional Comments: VOICEMAIL Requirement: Recipient located in/serving DBAs must have bilingual voicemail. YES NO Page 228 of 292 Page 64 of 82 □ □ Does the Recipient have bilingual voicemail? □ □ Does the voicemail provide the name of a bilingual consultant? Additional Comments: CONSULTATION Requirement: Recipient located in/serving DBAs must have a consultation protocol or framework or any similar mechanism to ensure effective engagement / participation of the Francophone community. YES NO □ □ Does the Recipient offer access to bilingual consultations? □ □ Does the Recipient provide access to bilingual consultations in-house? □ □ Does the Recipient use the services of the Small Business Services? □ □ Does the Recipient use the services of another bilingual delivery partner? □ □ Does the Recipient use the services of a 3rd party? Additional Comments: WEBSITE Requirement: Recipient located in/serving DBAs must have a website that provides clear information about the availability of FLS, and how and where FLS can be obtained. All information on the internet regarding services offered in French is considered information to the public and must be provided in English and French YES NO □ □ Does the Recipient have a website that clearly indicate information about FLS services availability and how to access them? Are the descriptions of the services available in French? Page 229 of 292 Page 65 of 82 □ □ Does the Recipient provide the name of a bilingual contact on the website? □ □ Is the information posted on the website of the Recipient regarding the SBEC Program provided in both English and French? Additional Comments: MATERIALS (FORMS/PAMPHLETS/PUBLICATIONS/BROCHURES) Requirement: All material regarding services offered in French displayed and provided at service locations of the Recipient located in/serving DBAs must be bilingual or available in both English and French YES NO □ □ Is the material regarding services offered in French is available in both English and French? Additional Comments: OTHER Requirement: Recipient located in/serving DBAs must have a FLS framework or any similar mechanism to ensure quality services in French . YES NO □ □ Does the Recipient answer all French correspondence (letters and emails) received in French in French? □ □ Does the Recipient use the services of professional translators to ensure quality translations Page 230 of 292 Page 66 of 82 □ □ Does the Recipient provide services at the advanced or superior level of French proficiency? □ □ Does the Recipient ensure that staff and management receive training/orientation on FLS legislation and requirements? Additional Comments: I, <Enter (name), (title) of senior officer> of the Recipient, on behalf of the Recipient, hereby certify that, on an as of the date hereof, the information set out in this Schedule is accurate and true. IN WITNESS WHEREOF the undersigned has hereunto signed these presents this ● day of ●, 20●●. Per: ____________________________ Name: TITLE OF SENIOR OFFICER: Page 231 of 292 Page 67 of 82 SCHEDULE “N” SUMMER COMPANY INITIATIVE: INFORMATION MANAGEMENT AND PRIVACY PROVISIONS 1.0 Definitions 1.1 For the purposes of this Schedule, capitalized terms not defined below shall have the meanings ascribed to them in the Agreement: (a) “Copies” means duplication, in any medium, of data contained in or derived from SCREEN; (b) “Guarantor” means the parent or legal guardian of a Summer Company Initiative Approved Participant who is a minor and matched with the Recipient for the purposes of participating in the Summer Company Initiative; (c) “Participant” means a Youth applicant or a Summer Company Initiative Approved Participant as the case may be; (d) “FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended; (e) “Personal Information” has the same definition as in subsection 2(1) of FIPPA; (g) “Summer Company Cycle” means the period of time beginning with the submission of a Participant’s application and during which the Participant’s business is operational as part of the Summer Company Initiative; (h) “Summer Company-related information” means information, recorded on any medium that is collected, created or used by either the Province or the Recipient in support of the Summer Company Initiative. Summer Company-related information includes, but is not limited to reports, studies, promotional and marketing materials. (i) “SCREEN” means the Summer Company Initiative registration, eligibility and evaluation network web-based system that allows Participants to submit applications and participate in the Summer Company Initiative, and that allows the Recipient to administer and manage the Summer Company Initiative online. 2.0 Disclosure of Personal Information contained in SCREEN to the Recipient Page 232 of 292 Page 68 of 82 2.1 The Province will provide the Recipient with access to Personal Information of the Participant and the Guarantor as applicable contained in SCREEN when the Recipient requires this information to deliver the Summer Company Initiative. 2.2 In accessing the SCREEN database, the Recipient must comply with the Province’s Acceptable Use Policy, attached as Exhibit “A”. 2.3 The Province shall retain custody and control of the records and any Copies of the records contained in or derived from SCREEN. 2.4 The Province will only provide Personal Information to the Recipient to the extent this disclosure is authorized by the person who provided the information to the Province. 3.0 Personal Information the Recipient collects from a Participant 3.1 When the Recipient is required to collect Personal Information from a Participant (and Guarantor if applicable), the Recipient shall only collect as much Personal Information as is necessary to administer, promote and advertise the Summer Company Initiative and notify Participants about other programs of the Province. 3.2 The Recipient will collect Personal Information solely from the Participant or Guarantor to whom the information relates. 3.3 Without diminishing any other security obligations, if the Recipient is required to collect a Participant’s or Guarantor’s social insurance number and enter it into the SCREEN database, the Recipient will destroy all records of the number in such a manner that the number cannot be subsequently reconstructed or retrieved except through SCREEN, as directed by the Province. 3.4 The Recipient will use, copy and disclose Personal Information solely as is necessary to administer, promote and advertise the Summer Company Initiative, or notify Participants about other programs of the Province. 3.5 The Recipient will collect Personal Information in accordance with and otherwise comply with the Province’s Privacy Policy, attached as Exhibit “B”. 3.6 The Recipient shall ensure that all Participants that provide the Recipient with Personal Information that is entered into SCREEN have authorized the Province to use this Personal Information for the purpose of administering, promoting and advertising the Summer Company Initiative and have notified Participants about other programs of the Province, subject to the Province’s Privacy Policy (Exhibit “B” below). Page 233 of 292 Page 69 of 82 3.7 The Recipient shall notify Participants that they will be able to opt-out of receiving future promotional communications from the Province. 4.0 Disposal and Retention of Personal Information 4.1 Where the Province has copies of the Personal Information in the Recipient’s possession, upon completion of the Summer Company Cycle, the Recipient shall destroy all copies of Personal Information in its possession in such a manner that the information cannot be subsequently reconstructed or retrieved and shall comply with any additional destruction requirements provided by the Province. 4.2 Upon completion of the Summer Company Cycle, the Recipient shall retain all Summer Company-related information in its possession for a period to be determined by the Province. 5.0 Access and Security 5.1 The Recipient will limit access to Personal Information to those individuals who have a need to know such information. 5.2 The Recipient shall: (a) Secure and protect all Personal Information and Summer Company-related information in its possession from unauthorized access, disclosure or destruction. (b) Ensure that all non-electronic Personal Information and Summer Company- related information in its possession is: (i) stored in locked cabinets; (ii) maintained in a secure, supervised location; and (iii) accessed only by individuals who have authorization to do so. (c) Ensure that all electronic Personal Information and Summer Company-related information in its possession is stored on computers to which: (i) the public does not have access; and (ii) access is restricted by user ID and password. 5.3 The Recipient agrees to implement any other specific security measures that are specified by the Province and that in the reasonable opinion of the Province would improve the adequacy and effectiveness of any measures used to ensure the security and integrity of Personal Information and Summer Company-related information generally. Page 234 of 292 Page 70 of 82 5.4 The Recipient shall report any known or suspected data breach to the following individual: Attention: Manager, Relationships and Contract Management Ministry of Economic Development, Job Creation and Trade 2 Queen Street East, 3rd Floor Toronto, ON M5C 3G7 Telephone: 416-817-4032 E-mail: summer.company@ontario.ca 6.0 Audit 6.1 The Province reserves the right to audit the Summer Company Initiative activities of Recipients in order to assess and verify compliance with the terms and conditions set out in this Schedule and its compliance with the Province’s Privacy Policy and Acceptable Use Policy. 6.2 The Recipient shall, upon the written request of the Province, permit the Province to conduct an audit of its facilities and information management practices. 7.0 Requests, Questions and Complaints 7.1 The Province shall manage all requests related to Personal Information and its privacy policy through the Ministry of Economic Development, Job Creation and Trade’s FIPPA Coordinator. 7.2 The Recipient shall co-operate with the Province in resolving any privacy complaints or requests for access to information. Page 235 of 292 Page 71 of 82 EXHIBIT “A” TO SCHEDULE “N” ACCEPTABLE USE POLICY 1. PURPOSE AND DEFINITIONS The purpose of the Acceptable Use Policy (“Policy”) is to provide a set of principles and practices governing all users of the Province’s “SCREEN” web-based Back Office. This policy is subject to change from time to time without notice at the sole discret ion of the Province. This Policy is intended to prevent: 1. Unauthorised collection, use and disclosure of Personal Information; 2. The misuse of SCREEN and of any computer resources used to access SCREEN; 3. Exposure to risks, such as virus and hacker attacks, compromise of network systems and any security Breach. For the purposes of this Policy, capitalized terms not defined below or elsewhere in this Schedule, shall have the meanings ascribed to them in the Agreement: “Back Office” means the SCREEN application interface used to manage and administer the Summer Company Initiative. “Breach” means breaking or neglect of a policy or procedure, duty, contract, or someone's privileged rights resulting in the unauthorized access to sensitive information. “End User” means any user with either a “Head Office” or “Officer” account that permits access to the SCREEN Back Office. “Officer” accounts are to Summer Company Providers by the Province. “Front Office” means the SCREEN application interface used by students to submit an application to and participate in the Summer Company Initiative. “Summer Company Provider” means the entities who deliver the Summer Company Initiative including the Recipient. “Security Breach” means the unauthorized disclosure of classified information, or the loss, theft, or deliberate damage of sensitive material assets. 2. SCOPE This Policy applies, without exception, to all Ontario Government employees and Program Providers, assisting in the administration of the Summer Company Initiative, who have access to the SCREEN Back Office. This Policy’s scope does not apply to the SCREEN Front Office. Page 236 of 292 Page 72 of 82 3. GENERAL USE (a) For security and network maintenance purposes, the Province may periodically authorize the monitoring of equipment, systems and network traffic. (b) The Province has the authority to periodically perform a network and system audit or an audit of a Summer Company Provider’s facilities to ensure compliance with this Policy. 4. SECURITY AND PROPRIETARY INFORMATION (a) The Back Office interface of the SCREEN system is confidential, to be used solely by Province staff and Summer Company Providers with “Head Office” and “Officer” accounts. (b) Access to and use of SCREEN shall be limited solely to the administration of the Summer Company Initiative. (c) Personal Information contained in SCREEN shall be used and disclosed only in accordance with the notification provided by the individual to whom the Personal Information relates, or in accordance with any other authorization provided by the individual. All notices of collection for the Summer Company Initiative shall state that Personal Information is collected for the purposes of administering, advertising and promoting the Summer Company Initiative and contacting Participants about other programs of the Province. (d) All End Users are responsible for the security of their SCREEN passwords and accounts, and for ensuring that their accounts are never shared. (e) All End Users are responsible for ensuring that the computers that they use to access the SCREEN Back Office are inaccessible to the public and are either locked, logged off or shut down when unattended. (f) All End Users must adhere to the following SCREEN password rules: (i) A password must have a minimum length of 8 characters. (ii) A password must consist of one or more numbers, one or more upper or lower case letters, and one punctuation character (e.g. “!”). (iii) Passwords must be changed following each Summer Company Initiative launch date. (g) Summer Company Providers must ensure that security safeguards, such as anti- virus and anti-spyware software, are installed and kept current on the computers that they use to access SCREEN. (h) All End Users are responsible for reporting immediately any known or suspected security or privacy breach, loss and theft of computerized devices and Personal Information stored on those devices to the following individual: Page 237 of 292 Page 73 of 82 Attention: Manager, Relationship and Contract Management, Commercialization and Scale–up Networks Branch Ministry of Economic Development, Job Creation and Trade 2 Queen East, 3rd Floor Toronto, Ontario, M7A 1N3 E-mail: summer.company@ontario.ca 5. UNACCEPTABLE USE The following activities are strictly prohibited: (a) Engaging in illegal activities while using the Province resources. (b) Engaging in a personal business while using the Province resources. (c) Unauthorised copying, use, or disclosure of Summer Company Initiative data in any medium. (d) Revealing any technology, such as SCREEN programming code and technical information, without prior approval by the Province (senior management approval). (e) Introducing malicious programs, such as viruses, trojans, or malware, into the network or SCREEN. (f) Revealing an account password to others or allowing others to use that account. (g) Permitting unauthorised access to computers that are used to access the SCREEN Back Office. (h) Using the Province’s computer resources to engage in acts of harassment. (i) Using any Province account to commit fraud. (j) Effecting or failing to report a known or suspected security Breach. (k) Effecting a disruption of the network, including, but not limited to, network sniffing, packet spoofing and denial of service attacks. 6. POLICY COMPLIANCE (a) A violation of this Policy by any Province employee or employee of the Government of Ontario, acting on the Province’s behalf, may result in disciplinary action and/or investigation as needed. (b) A violation of this Policy by a Summer Company Provider may result in the termination of its contract in accordance with its terms. Page 238 of 292 Page 74 of 82 EXHIBIT “B” TO SCHEDULE “N” PRIVACY POLICY PROTECTING PERSONAL INFORMATION The Province has adopted the following Privacy Policy (the “Policy”) and practices for the collection, use and disclosure of personal information that is contained in applications submitted through the Summer Company Initiative, or otherwise relates to the Summer Company Initiative. The purpose of this Policy is to explain how the Province safeguards the personal information provided in connection with the Summer Company Initiative. The Province is also subject to the Freedom of Information and Protection of Privacy Act, 1990 (“FIPPA”), which governs the collection, use, and disclosure of personal information by the Province. This Policy applies to Summer Company Providers. The Province has the right to change this Policy at any time without notice. DEFINITIONS For the purposes of this Policy, capitalized terms not defined below or elsewhere in this Schedule, shall have the meanings ascribed to them in the Agreement: “Summer Company Provider” means the entities who deliver the Summer Company Initiative including the Recipient. POLICY PRINCIPLES 1. Accountability (a) The Province is responsible for the protection of Personal Information under its custodianship and control, in accordance with FIPPA, Part III, Protection of Individual Privacy. (b) The Province administers its portion of the Summer Company Initiative in accordance with the legal authority of the Province under the Ministry of Economic Development and Trade Act. (c) The Province has designated the Freedom of Information Coordinator with the responsibility of ensuring its compliance with this Policy and all applicable privacy laws, and of answering all questions and requests regarding the collection, use and disclosure of Personal Information. See section 10 below. Page 239 of 292 Page 75 of 82 (d) All Province and Summer Company Provider employees shall limit access to Personal Information to those individuals who have a need to know such information to administer the Summer Company Initiative. (e) This Policy applies solely to information collected by the Province or Summer Company Providers in connection with the Summer Company Initiative. 2. Identifying Purposes (a) The Province and Summer Company Provider collect, use and disclose Personal Information as is necessary solely for the purposes of administering, promoting and advertising the Summer Company Initiative and contacting Participants about other initiatives of the Province. (b) The Province and Summer Company Provider identify the purposes for which Personal Information is collected at or before the time the information is collected. 3. Consent (a) The Province and Summer Company Provider collect, use, or disclose Personal Information only with the knowledge and consent of the Participant or to whom the Personal Information relates, or with the knowledge and consent of his/her Guarantor, except where required or permitted by law. (b) Consent is not obtained through deception. (c) Notice of Collection is provided at the time of or prior to the collection of Personal Information. (d) The Participant or his/her Guarantor may withdraw his/her consent to the collection, use or disclosure of his/her personal information at any time, on reasonable notice. Withdrawing consent may result in withdrawal from the Summer Company Initiative and the Participant will not be permitted to make another Summer Company Initiative application in any future Funding Year. (e) In the event that the Participant or his/her Guarantor withdraws his/her consent, the Province will erase all the Participant’s or Guarantor’s Personal Information from the Summer Company Initiative information bank, unless there is an overriding legal requirement to retain the information. Page 240 of 292 Page 76 of 82 4. Limiting Collection (a) The collection of Personal Information is limited to those purposes necessary for administering, promoting and advertising the Summer Company Initiative and contacting Participants. (b) The Province and Summer Company Provider collect personal information by fair and lawful means. 5. Limiting Use, Disclosure, and Retention (a) The Province and Summer Company Provider do not use or disclose Personal Information for purposes other than those for which it was collected, except with the express consent of the Participant or his/her Guarantor, or as required or permitted by law. (b) The Province retains Personal Information as long as necessary to fulfill the Summer Company Initiative’s requirements, or as required by law. 6. Accuracy (a) The Province ensures, to the best of its ability, that Personal Information in its custody is accurate, complete and up-to-date. (b) To request a correction to one’s own Personal Information after the completion of a Summer Company Cycle, contact the Freedom of Information Coordinator as described in section 10 below. 7. Safeguards The Province and Summer Company Provider protect Personal Information in their custody by the following safeguards: (a) Physical (e.g. locked filing cabinets, restricted access, appropriate disposal of personal information). (b) Organizational (e.g. security clearances, access only on a "need to know" basis, employee training). (c) Technological (e.g. passwords, data encryption). 8. Openness The Province may make available, upon a request in writing or by e-mail to the Freedom of Information Coordinator, the following information: Page 241 of 292 Page 77 of 82 (a) a description of the type of Personal Information held by the Province, including a general account of its use, (b) what Personal Information is made available to other organizations. 9. Individual Access (a) After the completion of a Summer Company Cycle, a Participant or his/her Guarantor cannot access his/her Personal Information via the Web Site. All requests for access to one’s own Personal Information must therefore be submitted to the Freedom of Information Coordinator as described in section 10 below. (b) Access requests are governed by FIPPA and access is subject to the limits and exceptions outlined in FIPPA. (c) The Province will normally respond to the requester within 30 days after receiving a request. (d) The Province may, however, extend the thirty day time limit in certain circumstances. (e) A Participant or his/her Guarantor may request a correction of his/her Personal Information where the individual believes there is an error. 10. Requests, Questions and Complaints Please contact the Freedom of Information Coordinator in writing or by e-mail at the address below if: (a) You have any questions or complaints about the Province’s privacy policies and practices; (b) You wish to request access to or a correction of your Personal Information: Freedom of Information Coordinator Ministry of Economic Development, Job Creation and Trade Corporate Services Division 18th Floor, 56 Wellesley St W Toronto, ON M7A 2E7 Telephone: 416-325-8776 E-mail: alma.beard@ontario.ca Page 242 of 292 Page 78 of 82 SCHEDULE “O” SUMMER COMPANY INITIATIVE: RELEASE AND CONSENT FORM, ASSIGNMENT OF COPYRIGHT AND WAIVER OF MORAL RIGHTS FORM Ministry of Economic Development, Job Creation and Trade Office of the Deputy Minister 18th Floor 777 Bay Street Toronto, ON M7A 1S5 Telephone: 416-326-3780 Ministère du Développement économique, de la Création d’emplois et du Commerce Bureau de la sous-ministre 18e étage 777, rue Bay Toronto, ON M7A 1S5 Téléphone : 416-326-3780 Téléphone : 416-326-3780 RELEASE AND CONSENT FORM I ______________________, consent to the collection, use and disclosure of personal information in regards to my participation in the Summer Company Initiative including but not limited to financial and credit information. Personal information is collected under the authority of the Ministry of Economic Development and Trade Act, RSO. 1990 c. M. 27, as amended and will be used for the purposes of administering and advertising the Summer Company Initiative and contacting applicants about future initiatives. I consent to the disclosure of my personal information to Summer Company Initiative providers and other ministries for the purposes of administering, promoting and advertising the initiative and contacting student applicants. Questions about the collection of personal information can be directed to the Freedom of Information Co-ordinator, Ministry of Economic Development, Job Creation and Trade, Corporate Services Division, 18th Floor, 56 Wellesley St W, Toronto, ON M7A 2E7 (e- mail: alma.beard@ontario.ca). Without limiting the generality of the foregoing, I allow the Ministry of Economic Development, Job Creation and Trade to use my personal information including my name, my image and/or a description of my summer job for the purposes of promoting the Summer Company Initiative, in media communications of any kind produced by or on behalf of the Ontario government. I understand and agree that media communications will include but not necessarily be limited to: the Ministry of Economic Development, Job Creation and Trade’s website; social media such as Twitter, Facebook, LinkedIn, YouTube, etc.; newspaper/magazine articles; photos; Page 243 of 292 Page 79 of 82 brochures; and advertisements. I waive any right to inspect or approve the finished media communications. I agree to waive any and all rights that I may have to use the information and images referred to in this form and agree that any such information and images shall hereafter remain the exclusive property of the Ministry of Economic Development, Job Creation and Trade. Use of the information and images will be made without any acknowledgement or payment to me. I release and agree to hold harmless the Ministry of Economic Development, Job Creation and Trade, its employees, representatives, agents and assigns, from all actions, claims and demands arising from the Ministry’s use and disclosure of my image, my name an d/or a description of my summer job in the production, reproduction or distribution of any of the media communications. I have read this Release and Consent and the Notice of Collection under the Freedom of Information and Protection of Privacy Act before signing below, and I understand the contents. ________________________ _________________________ Date Name of student (please print) ________________________ _________________________ Signature of Student Address The following is to be completed for Summer Company Initiative participants under 18 years of age. I hereby certify that I am the parent or guardian of the above -named minor participant who is under the age of 18 years. For the consideration above, I cons ent that any images of the minor, recordings of the minor’s voice, use of the minor’s name and/or descriptions of the minor’s participation in the Summer Company Initiative which have been or are about to be recorded by or on behalf of the Ministry, may be used and disclosed by it for the purposes and under the rights set out above, signed by the minor, with the same force and effect as if executed by me. _________________________ _________________________ Date Name of Parent or Guardian (please print) _________________________ _________________________ Signature of Parent or Guardian Address Page 244 of 292 Page 80 of 82 Ministry of Economic Development, Job Creation and Trade Office of the Deputy Minister 18th Floor 777 Bay Street Toronto, ON M7A 1S5 Telephone: 416-326-3780 Ministère du Développement économique, de la Création d’emplois et du Commerce Bureau de la sous-ministre 18e étage 777, rue Bay Toronto, ON M7A 1S5 Téléphone : 416-326-3780 Summer Company Initiative - Success Stories Submissions Instructions for completing the Assignment of Copyright and Waiver of Moral Rights forms: Each Success Story submission, which includes a story and photograph(s) of the Summer Company Initiative participant, will be accompanied by the attached Assignment of Copyright form and Waiver of Moral Rights form that has been completed and signed by the “storywriter” and “photographer” for each submission. The Summer Company Initiative participant him/herself or other person(s) may be the “storywriter” and/or “phot ographer”. The “storywriter” is the author of the story describing the student’s participation in the Summer Company Initiative. The “photographer” created the image(s) depicting the student’s participation in the Summer Company Initiative. Prior to Success Story submission: The “storywriter” will complete and duly sign, and have witnessed: (i) two original copies of the Assignment of Copyright form; and (ii) two original copies of the Waiver of Moral Rights form. The “photographer” will do the same, even if the “storywriter” and “photographer” is the same person. Where the “storywriter” or “photographer” is a minor, the parent or guardian will also duly sign the two original copies of the Assignment of Copyright fo rm and of the Waiver of Moral Rights form. To accompany each Success Story submission: The “storywriter” and “photographer” will each submit an Assignment of Copyright and Waiver of Moral Rights in respect of their “story” and “photograph(s)” respectively – for a total of four original forms to accompany each Success Story submission to the Recipient. The “storywriter” and the “photographer” will each keep an original copy of the two forms. Page 245 of 292 Page 81 of 82 (please sign two original copies of this form) SUCCESS STORIES: STORYWRITER / PHOTOGRAPHER ASSIGNMENT OF COPYRIGHT (Part 1 of 2) THIS ASSIGNMENT made in duplicate as of (insert date) _________________________. The undersigned agrees to assign and now does assign and transfer unto the Queen’s Printer for Ontario all of the undersigned’s right, title and interest in and to the copyright in Canada and internationally of the following original work(s): ➢ For stories: list the story describing the student’s participation in the Summer Company Initiative (include participant’s name/summer job and name of storywriter if different from participant) in which copyright is being assigned; attach the text ➢ For images: list the photograph(s) featuring action shot of student or display of product with student and no third parties (include participant’s name/summer job and name of photographer if different from participant) in which copyright is being assigned to the Crown; attach photocopy of each image for the remainder of the unexpired term of the copyright. IN WITNESS WHEREOF THE UNDERSIGNED HAS EXECUTED THIS ASSIGNMENT. __________________ ___________________________________ Date Signature of Assignor (storywriter/photographer) __________________ ___________________________________ Date Signature of Parent or Guardian (if Assignor is a minor) __________________ ___________________________________ Date Signature of Witness [If the Assignor is a corporation, use the signature block below] Name of corporation: Authorized signature: Name (please print): Title: Date: I have authority to bind the corporation. Page 246 of 292 Page 82 of 82 (please sign two original copies of this form) SUCCESS STORIES: STORYWRITER / PHOTOGRAPHER WAIVER OF MORAL RIGHTS (Part 2 of 2) THIS WAIVER OF MORAL RIGHTS is made in duplicate. I, ________________________________, the author of the story describing the student’s participation in the Summer Company Initiative / the photographer of the image(s) depicting the student’s participation in the Summer Company Initiative (please underline author or photographer as applicable) described in an assignment of copyright dated ____________________, signed by me in favour of the Queen’s Printer for Ontario (“the Crown”), expressly, irrevocably and without restriction, waive in favour of the Crown and all sublicensees and assignees all my Moral Rights with respect to all such stories / photographs. In this Waiver of Moral Rights, "Moral Rights" has the same meaning as in the Copyright Act, R.S.C. 1985, c. C-42, as amended or replaced from time to time and includes comparable rights in applicable jurisdictions. IN WITNESS WHEREOF I have executed this Waiver of Moral Rights. _________________ __________________________________ Date Signature (storywriter/photographer) _________________ __________________________________ Date Signature of Parent or Guardian (if storywriter/photographer is a minor) _________________ __________________________________ Date Signature of Witness Page 247 of 292 CD-2019-12 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2019-12 2020 Council Schedule RECOMMENDATION That Council approve the proposed 2020 meeting schedule. EXECUTIVE SUMMARY A proposed 2020 Council Meeting schedule is submitted for Council’s consideration. Staff is proposing a similar meeting schedule in 2020 as compared to the 2019 schedule. The schedule continues to include some bi-weekly meetings early in the year to ensure timing for all budgets to be approved. Meetings will continue to be scheduled to start at 5:00 p.m. while public meetings under the Planning Act will continue to be scheduled for 6:00 p.m. when necessary. BACKGROUND Section 5.1 of Council’s Procedural Bylaw (2019-04) states that “All regular meetings of Council shall be held … according to the schedule to be set annually and approved by Council”. As a result, on an annual basis, a new schedule is put forward for Council’s consideration for the upcoming calendar year. Subject to Council’s input, the by-law approving the schedule will be brought forward at a future meeting. ANALYSIS/RATIONALE Staff is proposing a schedule of bi-weekly meetings early in the calendar year, to ensure timely approval of municipal budgets, followed mostly by a schedule of meetings held every 3 to 4 weeks for the remainder of 2019. Council is also reminded that special meetings can be called if needed, as per the Procedural bylaw. This current year has seen one special meeting called to date. Page 248 of 292 2 CD-2019-22 October 22, 2019 Some highlights of the calendar include: 2018 saw 13 scheduled meetings 2019 saw 17 scheduled meetings 2019 has 16 meetings proposed. 2019 had the majority of the meetings scheduled 3 weeks apart, with longer breaks in the Summer months. 2020 continues this same trend of mostly 3 week intervals with longer breaks in the Summer. 2019 saw more meetings weighted near the start of the year to give Council more opportunity to deal with the Budget 2020 also has the start of the year weighted with more meetings. The 2020 schedule is very similar to the 2019 schedule. The one exception being a slightly longer break preceding the April 21st meeting and this is due to the timing of the Easter long weekend this year. Staff have purposely kept scheduled Council meetings away from weeks in which a statutory holiday has fallen. CITY’S STRATEGIC COMMITMENT Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. LIST OF ATTACHMENTS Proposed 2020 Council Meeting Schedule Recommended by: Bill Matson, Acting City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 249 of 292 2020 JANUARY FEBRUARY MARCH MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 2 3 4 5 6 6 7 8 9 10 3 4 5 6 7 9 10 11 12 13 13 14 15 16 17 10 11 12 13 14 16 17 18 19 20 20 21 22 23 24 17 18 19 20 21 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 30 31 APRIL MAY JUNE MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 1 1 2 3 4 5 6 7 8 9 10 4 5 6 7 8 8 9 10 11 12 13 14 15 16 17 11 12 13 14 15 15 16 17 18 19 20 21 22 23 24 18 19 20 21 22 22 23 24 25 26 27 28 29 30 25 26 27 28 29 29 30 JULY AUGUST SEPTEMBER MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 1 2 3 4 6 7 8 9 10 3 4 5 6 7 7 8 9 10 11 13 14 15 16 17 10 11 12 13 14 14 15 16 17 18 20 21 22 23 24 17 18 19 20 21 21 22 23 24 25 27 28 29 30 31 24 25 26 27 28 28 29 30 31 OCTOBER NOVEMBER DECEMBER MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 2 3 4 5 6 1 2 3 4 5 6 7 8 9 9 10 11 12 13 7 8 9 10 11 12 13 14 15 16 16 17 18 19 20 14 15 16 17 18 19 20 21 22 23 23 24 25 26 27 21 22 23 24 25 26 27 28 29 30 30 28 29 30 31 New Years Day Family Day Good Friday Easter Monday Victoria Day Canada Day Observed Civic Holiday Labour Day Thanksgiving Christmas Day March Break AMO 2018 Council Meeting Holiday Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Page 250 of 292 F-2019-37 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2019-37 Monthly Tax Receivables Report – September 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 September 30, 2019 were $24.9 million compared to $23.5 million in 2018. During September, tax receivables as a percentage of taxes billed increased slightly from 26.1% in 2018 to 27.7% in 2019. The City’s finance staff has had continued success in resolving properties that are subject to registration for 2019. There are currently five 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. ANALYSIS/RATIONALE Tax collection for 2019 lags slightly behind the collection history for 2018 for the month of September. Table 1 shows that taxes outstanding at September 30, 2019 are $24.9 million. This represents an increase from $23.5 million in arrears for the same period in 2018. This table also breaks down the taxes outstanding by year. 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 the residential and commercial property class. The chart shows the taxes owing from the residential property class has decreased slightly from a year ago whereas the commercial property class has increased slightly. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2019, 293 properties were subject to registration. Table 3 summarizes the progress of these actions after nine months of activity. This table shows 85.3% of the tax accounts or 250 properties have been paid in full or the owners have made suitable payment arrangements. During September, seven accounts were paid in full. The number of accounts with suitable payment arrangements including paid in full increased from 83.6% (August) to 85.3 % (September). Page 251 of 292 2 F-2019-37 October 22, 2019 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. The outstanding taxes for registered properties represents 0.19% of the total taxes to be collected. 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 September 30, 2019 is 27.7%, which is slight increase from 2018’s value of 26.1 %. 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 September 30, 2019 Table 2 Taxes Receivable by Property Class at September 30, 2019 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Felicetti Page 252 of 292 TABLE 1 Taxes Receivable at September 30, 2019 2019 2018 Outstanding Taxes @ August 31, 2019 14,162,224$ 13,514,536$ Taxes Billed and Due September 30, 2019 28,533,392$ 27,321,776$ Penalty Charged in September 205,160$ 194,992$ Taxes Collected during September 18,006,817$ 17,504,484$ Outstanding Taxes @ September 30, 2019 24,893,959$ 23,526,820$ Taxes Billed and Due October 31, 2019 23,662,931$ 23,361,647$ Supplemental Due October 31, 2019 4,174,894$ 2,019,777$ Supplemental Due November 30, 2019 4,174,893$ 2,019,777$ Total Taxes to be Collected 56,906,676$ 50,928,021$ Outstanding Taxes by Year: 3 Years and Prior 875,305$ 760,316$ 2 Year 1,574,440$ 1,334,632$ 1 Year 4,251,083$ 4,218,658$ Current 50,205,847$ 44,614,415$ Total 56,906,676$ 50,928,021$ TABLE 2 Taxes Receivable by Property Class at August 31, 2019 2019 % of Class 2018 % of Class Taxes Owing Taxes Owing Residential 24,236,006$ 42.59%23,084,826$ 45.33% Multi-Residential 1,916,289$ 3.37%1,801,789$ 3.54% Commercial 29,027,912$ 51.01%23,910,868$ 46.95% Industrial 1,656,694$ 2.91%2,086,947$ 4.10% Farmlands 69,776$ 0.12%43,592$ 0.09% Total Receivables 56,906,676$ 100.00%50,928,022$ 100.00% Page 253 of 292 TABLE 3 Number of Properties Subject to % Registration as at August 31, 2019 Initial Amount (January 1, 2019)293 Paid in Full 89 30.4% Payment Arrangements 161 54.9% Ongoing Collection 43 14.7% Action Registered 0 0.0% 293 100.0% TABLE 4 November 2019 0 -$ May 2020 5 107,057$ Totals 5 107,057$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 254 of 292 F-2019-38 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2019-38 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2019. Adjustments totalling $88,673 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2019 General Purposes Budget, an allowance has been established for these expenditures. At this time, the allowance provided in the General Purposes Budget is adequate to account for the City’s proportionate share of approximately $31,035. BACKGROUND This report is the second report this year in relation to s.357 and s.358 reductions. ANALYSIS/RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Page 255 of 292 2 F-2019-38 October 22, 2019 Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2019 General Purposes Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff is recommending receive adjustments due to successful appeals. An amount of $88,673 in adjustments is listed. The City’s approximate portion is $31,035 and has been accounted for in the 2019 General Purposes Budget. The balance of approximately $57,638 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Page 256 of 292 (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appl. # Name and Address of Applicant Taxation Reason for Application Reduction Year Amount 2019-10A 1274505 Ontario Ltd, 4199 Renoak Crt, Mississauga, ON L5C 4K3 2017 Damaged by fire, demolition or otherwise $0.00 2019-10B 1274505 Ontario Ltd, 4199 Renoak Crt, Mississauga, ON L5C 4K3 2018 Damaged by fire, demolition or otherwise $0.00 2019-10 1274505 Ontario Ltd, 4199 Renoak Crt, Mississauga, ON L5C 4K3 2019 Damaged by fire, demolition or otherwise $0.00 2019-14A Corrigan, Margaret, 4724 Armoury St, Niagara Falls, ON L2E 1S8 2017 Became exempt $0.00 2019-14B Corrigan, Margaret, 4724 Armoury St, Niagara Falls, ON L2E 1S8 2018 Became exempt $0.00 2019-14 Corrigan, Margaret, 4724 Armoury St, Niagara Falls, ON L2E 1S8 2019 Became exempt $0.00 2019-11 1397878 Ontario Limited, Inn By The Falls, 5225 Victoria Av, NFO L2G 3L3 2019 Damaged by fire, demolition or otherwise $50,864.01 2019-22 2581576 Ontario Inc, 1-5881 Thorold Stone Rd, Niagara Falls, ON L2J 1A1 2019 Damaged by fire, demolition or otherwise $62.80 2018-56 Thorstone Properties Limited, PO Box 777, Niagara Falls, ON L2E 6V6 2018 Damaged by fire, demolition or otherwise $4,315.94 2019-23 Foster, Steven & Tara, 5993 Coholan St, Niagara Falls, ON L2J 1K7 2019 Damaged by fire, demolition or otherwise $37.28 2019-24 Breton, Guy Claude, 2950 St. Patrick Av, Niagara Falls, ON L2J 2M5 2019 Damaged by fire, demolition or otherwise $9.68 2019-25 Varcoe, Daniel Herbert, 3223 Dorchester Rd. Niagara Falls, ON L2J 2Z9 2019 Damaged by fire, demolition or otherwise $0.00 2019-26 Cuvsac Holdings Ltd, 4530 Drummond Rd, Niagara Falls, ON L2E 6C7 2019 Damaged by fire, demolition or otherwise $2,297.84 2019-27 Bzdyl, Aniko Patricia, 4710 Drummond Rd, Niagara Falls, ON L23 6C9 2019 Damaged by fire, demolition or otherwise $21.06 2019-30 Zeljko Holdings Limited, 3767 Portage Rd, Niagara Falls, ON L2J 2L1 2019 Damaged by fire, demolition or otherwise $49.30 2019-02 Van Der Weyden, Paula Adelina, 6183 Dawlish Av, Niagara Falls, ON L2G 4J5 2019 Damaged by fire, demolition or otherwise $92.16 2019-31 Nickel, Richard & Linda Darlene, 6319 Monroe St, Niagara Falls, ON L2G 2G9 2019 Damaged by fire, demolition or otherwise $32.51 2019-32 Colaneri, Christopher Joseph Anthony, 757 Queenston Rd, NFO L0S 1J0 2019 Damaged by fire, demolition or otherwise $397.18 2019-33 Omana, Martha & Peralta, Carolos Rene, 8199 Paddock Trai Dr, NFO L2H 1Z1 2019 Damaged by fire, demolition or otherwise $0.00 2019-01 Niagara Falls City, 4310 Queen St, PO Box 1023 Stn Main, NFO L2E 6X5 2019 Became exempt $25,182.42 2019-15 1340258 Ontario Inc, 7787 Kalar Rd, Niagara Falls, ON L2H 0Y4 2018 Ceased to be liable to be taxed at rate it was taxed $3,488.42 2019-12B Hari, Dwayne, 3862 Welland St, Niagara Falls, ON L2G 6J4 2018 Damaged by fire, demolition or otherwise $56.68 2019-12 Hari, Dwayne, 3862 Welland St, Niagara Falls, ON L2G 6J4 2019 Damaged by fire, demolition or otherwise $1,765.51 TOTAL $88,672.79 Approved this 22nd day of October, 2019 Report No.:F-2019-38 JAMES M. DIODATI, MAYOR BILL MATSON, CITY CLERK [*Any individual items not approved must be struck out and initialed.]Page 257 of 292 R&C-2019-24 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2019-24 Investing in Canada Infrastructure Program RECOMMENDATION 1. That Council approves staff to submit applications for the Investing in Canada infrastructure Program: Community, Culture and Recreation (CCR) stream. 2. That Council approves the following projects for submission; Rehabilitation and Renovation Stream, The Tennis and Basketball Improvement Program and the Multi-purpose Stream, the Chippawa/Willoughby Arena Renovations and Library addition. EXECUTIVE SUMMARY The Federal and Provincial Governments announ ced late August the Community, Culture and Recreation (CCR) stream of the Investing in Canada Infrastructure Program will accept applications until November 12, 2019. The stream supports projects that improve access to and/or quality of community, cultural and recreation priority infrastructure projects. Projects must be completed prior to 2027/28. The Federal government will fund up to 40% of the cost, Provincial up to 33.3% and the Municipality 26.67% of the total project cost. The Tennis and Basketball Improvement Program is the se lected project to be submitted for consideration for the Rehabilitation and Renovation funding stream. This program accepts projects up to $5 million for a single applicant. The Chippawa/Willoughby Arena Renovation and Chippawa Library Branch project is the selected project for the Multi-purpose funding stream. The Multi-purpose program accepts projects up to a maximum of $50 million for a single applicant. Upon review of the federal criteria and Ontario’s objectives, the recommended projects align with the criteria. Page 258 of 292 2 R&C-2019-24 October 22, 2019 BACKGROUND Municipal Works and Recreation & Culture staff reviewed recreation and culture related capital projects to determine what projects best fit the criteria. Unfortunately, the Culture Hub and Market project was not eligible. For a project to be considered , the contract award date must be awarded after the federal approval of funding. The federal funding decision will be announced spring/summer 2020. Staff plans to award the tender for the Culture Hub and Market winter 2020. To be an eligible project the following must be met: Project must include a capital component; Must improve access and/or increase the cultural, recreational and/or community infrastructure for Ontarians; Demonstrate availability of cost-shared funding to proceed; Demonstrate project readiness; Operational plans developed (alignment with asset management plans); Demonstrate community need; Project components are to improve accessibility, must meet or exceed the requirement of highest accessibility standard; Project components must meet or exceed any applicable energy efficiency standards. Eligible asset types include recreation facilities (arenas, recreation centres, and playing fields), culture facilities (theatres, museums, cultural centres, civic squares and performing arts centres) and multi –purpose community centres/hubs. ANALYSIS/RATIONALE The Tennis and Basketball Improvement Program will involve the improvement/refurbishment of 39 individual courts as per the recommendations of the approved 2017 City of Niagara Falls Tennis and Basketball Service Delivery Review. These court facilities would provide Niagara Falls residents with convenient access to free tennis and basketball play. Other play opportunities s uch as pickle ball and ball hockey will be accommodated within the designs. If advanced as a complete project, construction could commence as early as summer 2020 with completion Summer/Fall 2021. The Chippawa/Willoughby Arena five-year capital improvement plan was presented to City Council in 2015. The replacement of the concrete floor pad, boards and glass was identified as a 2020 capital project. With the emergence of new ice user groups, such as Girls Hockey and Sledge Hockey, the arena requires further facility improvements. Recreation & Culture staff recommends the current dressing rooms be renovated as the Page 259 of 292 3 R&C-2019-24 October 22, 2019 rooms are quite small and are not accessible. Renovations will also include adding additional dressing rooms and improvements to the referee rooms. To accommodate tournaments and events held at Patrick Cummings Memorial Park and Arena an event/tournament room will be added to the back of the facility. Niagara Falls Library Board reviewed the current condition of the Chippawa Library Branch. The current space is not accessible and cannot meet the growing demands of the community. Working with the City, the Library Board supports an addition to the Chippawa/Willoughby Arena to accommodate the Chippawa Library Branch. The new space will be accessible, more energy efficient and will serve as a community hub. Operation efficiencies will be met with Recreation & Culture staff maintaining the facility and Library staff assisting with facility supervision and customer service. Both of the above recommended projects align with Ontario’s objectives for the Community, Culture and Recreation Stream. The projects meet community and user needs, promote good asset management planning, good value for money and fosters greater accessibility. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Federal government will fund up to 40% of the project cost, Provincial government up to 33.3% and the Municipality 26.67% of the total project cost. The estimated value of the Tennis and Basketball Improvement project is $3,615,000. If successful, the city’s project contribution (26.67%) will be $964,128. The Chippawa/Willoughby Arena improvements and Library Addition project will cost approximately $8 million dollars. If the city receives the requested funding the city’s contribution will be $2,133,600. CITY’S STRATEGIC COMMITMENT Strategic Priority, Economic Vitality, directs staff to; ensure efficient and effective delivery of the core municipal facilities. Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 260 of 292 TS-2019-33 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2019-33 St. Marks Avenue at St. John Street Intersection Control Review RECOMMENDATION That a stop sign be installed on St. Marks Avenue at St. John Street facing northbound motorists. EXECUTIVE SUMMARY A stop sign is warranted to properly assign the right-of-way amongst motorists. BACKGROUND St. Marks Avenue and St. John Street are classified as local type roadways. The study intersection is in a “tee” configuration, consisting of east, west and south approaches. The surrounding land uses consist of a residential subdivision, as well as a commercial sector located south of the intersection along Thorold Stone Road. Notre Dame Catholic Elementary School and Our Lady of the Scapular Parish are located to the west of the intersection, with John Marshall Public School located to the east. ANALYSIS/RATIONALE Study results indicate that a stop control is warranted at this intersection. The approach sight triangle requirement for an uncontrolled crossing is not met, thus warranting additional traffic control. This is common in developed residential areas where vegetation, fences and dwellings are present within the visibility clear zone. A collision review revealed that a collision problem does not exist at this intersection for the previous five years. The installation of the stop sign will ensure motorists on St. Marks Avenue stop and yield the right-of-way to motorists on St. John Street. Page 261 of 292 2 TS-2019-33 October 22, 2019 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the sign is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2019 General Purposes Budget. Installing the stop sign is estimated to cost approximately $250. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area drawing. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 262 of 292 TS-2019-33 St. Marks Avenue @ St. John Street Intersection Control Review Proposed Stop Sign Location Page 263 of 292 TS-2019-33 St. Marks Avenue @ St. John Street Intersection Control Review Proposed Stop Sign Location Page 264 of 292 TS-2019-34 October 22, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2019-34 Blackburn Parkway Intersection Control Review & Speed Limit Review RECOMMENDATIONS 1. That a stop sign is installed facing westbound traffic on Blackburn Parkway at Heartland Forest Road. 2. That the speed limit on Blackburn Parkway between Montrose Road and Heartland Forest Road be set at 60 km/h. EXECUTIVE SUMMARY A stop sign is warranted to properly assign the right-of-way amongst motorists at the intersection of Blackburn Parkway at Heartland Forest Road. The speed limit on Blackburn Parkway is recommended to be 60 km/h. BACKGROUND The extension of Blackburn Parkway is currently under construction. When completed, the road will extend between Montrose Road and Heartland Forest Road. Substantial completion is expected by the end of October 2019. ANALYSIS/RATIONALE The road was designed so that the speed limit could be set at 60 km/h, which is the speed limit on the connecting roads. A stop sign facing drivers that are westbound on Blackburn Parkway at Heartland Forest is recommended to allocate the right-of-way at the intersection. Warning signs will be installed where required to forewarn drivers of geometric changes in the road. Page 265 of 292 2 TS-2019-34 October 22, 2019 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services staff. The labour and material costs will be accounted for in the 2019 General Purposes Budget. It is estimated that the cost to install the signs is approximately $2,500. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 266 of 292 TS-2019-34 Blackburn Parkway Intersection Control Review & Speed Limit Review Recommended 60 km/h Speed Limit WEGO Building Heartland Forest Recommended Stop Sign Page 267 of 292 TS-2019-34 Blackburn Parkway Intersection Control Review & Speed Limit Review Recommended 60 km/h Speed Limit WEGO Building Heartland Forest Recommended Stop Sign Page 268 of 292 Administration Office of the Regional Clerk 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.niagararegion.ca September 17, 2019 Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 SENT ELECTRONICALLY Municipal Representation on Greater Niagara Circle Route Committee Dear Mr. Matson, Niagara Region is requesting that your municipality appoint one (1) Council Member as a representative for your municipality on the Greater Niagara Circle Route Committee. The Terms of Reference for this Committee are currently under review; however, as a first step we are seeking municipal representatives. I respectfully request that this appointment be considered by your Council. Should you require any additional information, please feel free to contact me. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2019-223 Page 269 of 292 1 Heather Ruzylo To:Bill Matson Subject:RE: Skylon Tower New Years Eve fireworks From: Nancy Benedict <nbenedict@fxworxinc.com> Sent: Monday, October 7, 2019 12:22 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Nancy Benedict <nbenedict@fxworxinc.com> Subject: Skylon Tower New Years Eve fireworks Dear Mr. Matson, We respectfully request that our applicaton to present fireworks from the observation level and the roof of the Skylon Tower for NYE 2019/2020 be put before Niagara Falls City Council for approval. The insurance certificate will name as additional insured the City of Niagara Falls, as in the past. Thank you in advance. Please contact me if you have any questions. Best regards, Nancy Benedict A Division Of Fx Worx Inc. V: 905-304-1348 Cel: 289-439-PYRO (7976) www.fxworxinc.com www.facebook.com/FxWorx The information in this e-mail is intended solely for the addressee(s) named, and is confidential. Any other distribution, disclosure or copying is strictly prohibited. If you have received this communication in error, please reply by e-mail to the sender and delete or destroy all copies of this message. Les renseignements contenus dans le présent message électronique sont confidentiels et concernent exclusivement le(s) destinataire(s) ésigné(s). Il est strictement interdit de distribuer ou de copier ce Page 270 of 292 2 message. Si vous avez reçu ce message par erreur, veuillez répondre par courriel à l'expéditeur et effacer ou détruire toutes les copies du présent message.. Page 271 of 292 SANT’EGIDIO Commissione Europea Comunità di Sant’Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 – fax +39.06.5883625 Rome, 25 June 2019 Dear Mayor, the International Day: “Cities for life/ Cities against the death penalty” has got to its 18th edition. By means of this initiative the Community of Sant’Egidio has been committed to the abolition penalty for some decades and wants to value the Municipalities’ role in keeping attention high on human rights and on life value. In spite of the steps back moved by a small number of countries, however a further decrease in the use of death penalty was recorded in the world. The number of documented executions decreased by 30%, and is now at the lowest value of the last ten years. 78% of all capital punishments were executed in four specific countries. Commutations and pardons were granted in 29 countries. Last December the United Nations General Assembly approved a new resolution for a universal moratorium on the death penalty, and registered an increase in membership. It is no coincidence that recently Pope Francis has invited not only Christians but all citizens to commit themselves to spreading a sensibility contrary to war and the death penalty, re-launching "a new vision for a fraternal and supportive humanism of individuals and peoples". For this reason, once again, we propose to your Administration to participate in the Day, continuing the commitment to respect life and human dignity, convinced of the urgency of canceling the inhuman practice of capital punishment from the law and criminal codes of Nations. We send you, as an attachment, information on how to participate again this year in the campaign and in the initiatives for the day of November 30, 2019. You will find also the procedures for new Municipalities and the mayors who wish to join our international network against the death penalty . Waiting for your kind and prompt response, I avail myself the opportunity to address you the expressions of my consideration. Prof. Marco Impagliazzo President of the Community of Sant’Egidio Contacts and further information: Antonio Salvati www.santegidio.org 3476049529 – fax +39.06.580.01.97 Email abolition@santegidio.org - info@citiesforlife.net Page 272 of 292 SANT’EGIDIO Commissione Europea Comunità di Sant’Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 – fax +39.06.5883625 ATTACHMENT 1 World Day “Cities for Life” Cities for Life - Cities against death penalty In 2002, the Community of Sant'Egidio launched the first International Day Cities for Life - Cities against the Death Penalty on 30th November. The date was chosen in memory of the first time the death penalty was abolished, in the Grand Duchy of Tuscany on 30th November 1786. Approximately 80 cities were involved for the first edition in 2002. Now more than 2150 cities have rallied around the initiative - including 80 capitals in five continents, taking part in the event by raising public awareness, promoting educational initiatives and organising events held in symbolic monuments and squares. The International Day Cities for Life - Cities against the Death Penalty, is the largest international mobilization of the abolitionist movement. Its objective is to establish a dialogue within the civil society on the topic and involve local administrators, aiming at abolishing the death penalty and making the rejection of violence the true identity of a city and its citizens. The Colosseum in Rome, when illuminated by a special light, has become the universal place and symbol of the abolitionist efforts. The Colosseum is lit up whenever an important milestone on the road to abolition and lasting moratorium is reached in the world. To invite your city to take part in this network of Cities Against the Death Penalty, please contact the Coordination Office (abolition@santegidio.org).Through this channel a number of materials are made available upon request (like videos, significant international witness statements and invitations), you can also surf on the website www.nodeathpenalty.santegidio.org to be informed on the initiatives in the world. Page 273 of 292 SANT’EGIDIO Commissione Europea Comunità di Sant’Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 – fax +39.06.5883625 ATTACHMENT 2 How to join the Global Campaign “Cities for Life – Cities against the Death Penalty” 1. DESIGNATE A PERSON OR AN OFFICE AS THE CONTACT FOR THE COMMUNITY OF SANT’EGIDIO AND THE OTHER ENTITIES MEMBERS OF THE WCADP AND PROMOTE INITIATIVES IN YOUR CITY, THEN SELECT ONE OR MORE OF THE INITIATIVES MENTIONED AT POINTS 3) AND 4) 2. GIVE CONSENT TO ADVERTISE YOUR CITY AS A MEMBER OF THE CITIES FOR LIFE – CITIES AGAINST THE DEATH PENALTY (THROUGH THE MEMBERSHIP OF THE LOCAL GOVERNMENT OR THE MAYOR), WITHOUT ANY BURDEN, IF NOT A MORAL OBLIGATION TO AGREE WITH THE CONTENTS AND INTENTION OF THE CAMPAIGN. 3. DESIGNATE A SPECIAL MONUMENT, IDENTIFIABLE AS THE LIVING LOGO OF THE CAMPAIGN AND DEFINE A SPECIAL WAY TO LIGHT IT UP ON 30TH NOVEMBER AND IN THE PREVIOUS DAYS EVERY YEAR (EVEN PROJECTING ON IT SPECIAL SYMBOLS AND MESSAGES IN FAVOUR OF LIFE AND FOR THE ABOLITION OF THE DEATH PENALTY) 4. EVERY CITY IS INVITED TO PROMOTE PUBLIC CULTURAL EVENTS (CONFERENCES, CONCERTS, VIDEOS, ETC.) IN COLLABORATION WITH THE COMMUNITY OF SANT’EGIDIO AND THE CAMPAIGN PARTNER ASSOCIATIONS. FURTHERMORE • Every city has the authority to declare November 30 as “Day for life/against the death penalty”, and can place the phrase “City for Life/City against the Death Penalty” beneath the name of the city or its symbols and on its website and on any statement or stationery or means it may choose (a communication of the decision is to be shared with the Community of Sant’Egidio). • Every city can link the home page of its website (or its Facebook page) by means of a link to the international network which is connected to the online platform www.nodeathpenalty.santegidio.org and register the city in the online list and interactive map. It is also appropriate that every city that joins this campaign should endeavour to advertise its support of the campaign in the local press. For further information please contact our secretariat. Page 274 of 292 SANT’EGIDIO Commissione Europea Comunità di Sant’Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 – fax +39.06.5883625 CITIES FOR LIFE/CITIES AGAINST THE DEATH PENALTY MEMBERSHIP FORM FOR LOCAL GOVERNMENTS THE ADMINISTRATION OF THE CITY OF ………………………….. being fully convinced that every community, through the voice of its representatives, can operate as a subject capable of improving the respect for human life and dignity all over the world; worried for the retention of the inhuman practice of the capitation punishment in many countries of the world; upon the proposal of the Community of Sant’Egidio, founder of the network of municipalities “Cities for Life / Cities against the Death Penalty”, united in Europe and in the world by a common desire to accelerate the end of capital punishment in the juridical and crime codes of countries around the world; DELIBERATES the membership of the City of ........................................... in the initiative “Cities for life/Cities against the Death Penalty” of the Community of Sant’Egidio and it declares 30th November the Day of “Cities for life/Cities against the Death Penalty” for the City. The Municipal Administration commits itself to make this membership a reason for an increased sense of responsibility, ensuring, in all areas of its competency, that adequate space be given to information and awareness concerning the reasons for rejection of the practice of capital punishment and the progress of the abolitionist campaign in the world. The Municipal Administration will ensure widespread information be given concerning its membership. Page 275 of 292 SANT’EGIDIO Commissione Europea Comunità di Sant’Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 – fax +39.06.5883625 CITIES FOR LIFE/CITIES AGAINST THE DEATH PENALTY MAYOR MEMBERSHIP FORM _______________________________________________ [TITLE] [NAME] [SURNAME] MAYOR OF THE CITY OF ______________________________________________ [NAME OF THE CITY IN ITS ORIGINAL LANGUAGE] upon the proposal of the Community of Sant’Egidio, founder of the network of municipalities “Cities for Life / Cities against the Death Penalty”, united in Europe and in the world by a common desire to accelerate the end of capital punishment in the juridical and crime codes of countries around the world; ADHERES to the initiative “Cities for life/Cities against the Death Penalty” of the Community of Sant’Egidio and he/she commits him/herself to make this membership a reason for an increased sense of responsibility, ensuring, in all areas of his/her competency, that adequate space be given to information and awareness concerning the reasons for rejection of the practice of capital punishment and the progress of the abolitionist campaign in the world. _______________________________ [SIGNATURE] [DATE] Page 276 of 292 1 Heather Ruzylo To:Carey Campbell Subject:RE: RT week 2019 From: Campbell,Tracy <Tracy.Campbell@niagarahealth.on.ca> Sent: Wednesday, October 2, 2019 5:26 PM To: Jim Diodati <jdiodati@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: RT week 2019 Tracy Campbell Niagara Health 1200 Fourth Ave. St Catharines ON L2S 0A9 October 3, 2019 Mayor Jim Diodati 4310 Queen St. PO box 1023 Niagara Falls ON L2E 6X5 Mayor@niagarafalls.ca Subject: Request for Proclamation The Canadian Society of Respiratory Therapists (CSRT) celebrates Respiratory Therapists Week annually. This year, Respiratory Therapists Week runs from October 20-26, 2019. This week-long celebration serves to recognize respiratory therapists (RTs); educate the public about the varied roles of respiratory care and responsibilities of RTs; and to increase the recognition of the significant contribution made by RTs who are responsible for the well-being of individuals who suffer from asthma, COPD (emphysema) and other respiratory illnesses within the community and in hospital settings. Respiratory therapists are specialists in airway management, and the treatment of respiratory related conditions, educating patients and their families regarding their respiratory condition and associated treatments. RTs are instrumental in saving lives. They work in a variety of high risk areas including intensive care units, emergency departments, operating rooms, neonatal nurseries and home care. Respiratory therapists are responsible for among other things, the treatment of patients who have experienced trauma or are in surgery or intensive care units; assisting in cardiopulmonary resuscitation (CPR); stabilization high-risk patients being moved by air or ground; providing support in high risk deliveries of babies who experience difficulty breathing. Page 277 of 292 2 As an RT serving the community of Niagara Falls it is an honor for me to request, on behalf of RTs, that the community of Niagara Falls consider proclaiming the above week “Respiratory Therapy Week”, in recognition of the valuable role of the respiratory therapists within the community. Niagara Falls has over 25 respiratory therapists working in many environments, and I feel that this would be an appropriate way to honor their contributions. Sincerely, Tracy Campbell, RRT CONFIDENTIALITY NOTICE: This electronic communication and attached material is intended for the use of the individual or institution to which it is addressed and may not be distributed, copied or disclosed to any unauthorized persons. This communication may contain confidential or personal information that may be subject to the provisions of the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act. If you have received this communication in error, please return this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you for your co-operation and assistance. Page 278 of 292 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to declare Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123, governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of October 22, 2019, adopted the Recommendations of Council Report L-2019- 21, to permanently close and declare surplus Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road; Niagara Falls; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent o f this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this twenty-second day of October, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 279 of 292 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2019 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs At Intersections, Yield Signs At Intersections, Parking Prohibited, Through 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 column of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Jepson Street at Second Avenue Eastbound on Jepson Street Jepson Street at Second Avenue Westbound on Jepson Street Jepson Street at Second Avenue Southbound on Second Avenue Jepson Street at Second Avenue Northbound on Second Avenue Don Murie Street at Kister Road Southbound on Kister Road Don Murie Street at Earl Thomas Avenue Southbound on Earl Thomas Avenue Page 280 of 292 COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Earl Thomas Avenue at Progress Street Northbound on Earl Thomas Avenue b) by removing from the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Vine Street Both A point 40 m west of Dayman Ave. and a point 144 m east of Dayman Ave. 6:00 p.m. to 8:00 p.m. Mon. to Fri. 8:00 a.m. to 1:00 p.m. Sat. and Sun. May to October c) by adding to the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Vine Street Both A point 40 m west of Dayman Ave. and a point 144 m east of Dayman Ave. 6:00 p.m. to 8:00 p.m. Mon. to Fri. 8:00 a.m. to 1:00 p.m. Sat. and Sun. May to October Except By Permit d) by removing from the specified column of Schedule N thereto the following item: THROUGH HIGHWAYS COLUMN 1 HIGHWAY COLUMN 3 BETWEEN Jepson Street West limit of Victoria Ave. and the east limit of Fourth Ave. e) by adding to the specified column of Schedule N thereto the following items: THROUGH HIGHWAYS COLUMN 1 HIGHWAY COLUMN 3 BETWEEN Page 281 of 292 COLUMN 1 HIGHWAY COLUMN 3 BETWEEN Jepson Street West limit of Victoria Avenue and the east limit of Second Avenue Jepson Street West limit of Second Avenue and the east limit of Fourth Avenue f) by removing from the specified column of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Don Murie St. and Kister Rd. Southbound on Kister Rd. This By-law shall come into force when the appropriate signs are installed. Passed this twenty-second day of October, 2019. .......................................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 22, 2019 Second Reading: October 22, 2019 Third Reading: October 22, 2019 Page 282 of 292 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2019 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, 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 P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Blackburn Parkway & Heartland Forest Road Westbound on Blackburn Parkway (b) by adding to the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS – (PART 2 – 60KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED (KM/H) Blackburn Parkway Montrose Road and Heartland Forest Road 60 Page 283 of 292 This By-law shall come into force when the appropriate signs are installed. Passed this twenty-second day of October, 2019. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 22, 2019 Second Reading: October 22, 2019 Third Reading: October 22, 2019 Page 284 of 292 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road & Beechwood Road, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Counc il this twenty-second day of October, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 285 of 292 CITY OF NIAGARA FALLS By-law No. 2019 – A by-law to authorize the execution of the 2019-2022 Collective Agreement with the Canadian Union of Public Employees and its Local 133 . THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement dated October 2, 2019, and made between The Corporation of the City of Niagara Falls as Corporation, and the Canadian Union of Public Employees and its Local 133 as Union, respecting remuneration, procedures and provisions for the efficient operation of all functions, for the period January 1, 2019, to December 31, 2022, is hereby approved and authorized. 2. The Mayor and City Clerk are hereby authorized to execute the said Collective Agreement. 3. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Collective Agreement. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of October, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 286 of 292 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 19 townhouse dwelling units (AM-2019-006). 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 No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in an R4 zone, save and except for an apartment dwelling. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 18 metres (b) Minimum interior side yard width (i) from the most northerly and most southerly lot lines (ii) from all other lot lines 3.5 metres 1.5 metres (c) The balance of regulations specified for an R4 use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. Page 287 of 292 2 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 C4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1E to R4 and numbered 1104. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1104 Refer to By-law No. 2019-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of October, 2019. .............................................................. ................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2019\By-laws\Byam006.docx Page 288 of 292 17.4m3 0 .5 m 10.5m18.3m2 6 .5 m 37 .2 m 4 5 .3 m 6 4 .6 m 67m112.1mLU N D Y 'S L NBYNG AVPRINCEEDWARDAVCARLTON AVFRANKLIN AVSPENC E ST B A R K E R S T K E R ST SCHEDULE 1 TO BY-LAW NO. 2019- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\06\bylaw_AM2019_006.mxd ALVI Properties Inc. 272507001402801 AM-2019-006 ¹ 10/7/2019 Description:PT LTS 20, 21 & 22, PL 49, PARTS 1, 2 & 5, 59R16201;CITY OF NIAGARA FALLS NTS 1104 R4 Page 289 of 292 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule AC” and that Schedule “C” attached hereto shall be inserted in lieu thereof. 2. That by-law 2019-98 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 22nd day of October, 2019. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 290 of 292 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Tim Ball Thomas Barber Paul Brown Marianne Catherwood Julio Cavaliere Joe Corradi Bill Crowder Mario Digianni Brandon Erb John Garvie Ryan Giles Cathy-Lynn Hanson Varghese Kuruvilla John MacLeod Andrea Malgie Robert Mascia Krista McGowan Philip Rudachuk Chris Russell Todd Sherwood April Smith Thomas Tavender Kim Watson Page 291 of 292 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of October, 2019. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 22nd day of October 2019 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. Read a first, second, third time and passed. Signed and sealed in open Council this 22nd day of October, 2019. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 292 of 292