The Corporation of the City of Thorold REVISED COUNCIL AGENDA. Tuesday, May 1, :30 p.m. Council Chambers

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1 The Corporation of the City of Thorold REVISED COUNCIL AGENDA Tuesday, May 1, :30 p.m. Council Chambers Pages 1. Call to Order 2. Adoption of the Agendas 3. Mayor's Report 4. Regional Councillor Update 5. Adoption of the Minutes a. Regular Council Meeting Minutes of April 17, b. General Committee Meeting Minutes of April 17, Declarations of Interest 7. Public Meetings Pursuant to the Planning Act a. Zoning By-law Amendment, 2055 Port Robinson Road Civic Recognition Port Robinson Estates subdivision to facilitate the development of the lands 9. Presentations

2 10. Motions for Support a. City of Thorold Re: Town and Gown 2019 Conference Referred to Councillor Ugulini b. City of Thorold Re: Darlene Ryan Port Robinson Community Centre Board of Management Barbeque Event June 2, 2018 Referred to Councillor Paone c. City of Port Colborne Re: Niagara Peninsula Conservation Authority Appointment Process Referred to Councillor Whalen d. Town of Niagara-on-the-Lake Re: Funding for Local Public Libraries Referred to Councillor Neale e. Regional Municipality of Halton Re: Seeking Support on the Court Application Involving the CN Truck-Rail Development in the Town of Milton Referred to Councillor Ugulini 11. Statement by Councillors 12. Notices of Motion 13. Resolve into General Committee 14. Motions Arising from In-Camera Session 15. Motion to Ratify Recommendations from General Committee

3 16. By-laws a. First Reading of By-laws 1. By-law A by-law to confirm the annual estimates 2. By-law A by-law to set the tax rates and the tax due dates for the year By-law Being a by-law to prohibit and regulate the sale and use of fireworks in the City of Thorold 4. By-law Being a by-law to amend Comprehensive Zoning By-law 2140(97) to rezone parts of the Port Robinson Estates Phase 1 subdivision to facilitate development of the lands 5. By-law Being a by-law to dedicate Part 6 and Part 7 on 59R as a public highway known as Albert Street West 6. By-law Being a by-law to authorize the execution of a cost sharing agreement with Ontario Inc. regarding Kottmeier Road 7. By-law A by-law to confirm the proceedings of Council of The Corporation of the City of Thorold at its Regular and General Committee meetings of May 1, 2018 b. Final Reading of By-laws

4 17. Council Committee and Board Meeting Minutes a. Minutes to Review for Information Purposes 1. Joint Accessibility Advisory Committee Re: Minutes of March 8, 2018 Meeting 2. Thorold Town and Gown Advisory Committee Re: Minutes of January 22, 2018 Meeting 3. Thorold Public Library Board Re: Minutes of March 19, 2018 b. Minutes to Endorse Recommendations 18. Adjournment

5 COUNCIL MEETING MINUTES April 17, 2018 PRESENT: Mayor A.T. (Ted) Luciani, Councillor Charron, Councillor Handley, Councillor Longo, Councillor Neale, Councillor Paone, Councillor Ugulini, Councillor Whalen, Councillor Wilson STAFF: E. Darbyson, D. Delvecchio, B. Dickson, M. Dilwaria, C. Dray, J. Goulet, D. Landry, M. Mauro and G. Stojanovic OTHERS: Cogeco T.V., Thorold News, Niagara This Week, Weestream Note: Motions are carried unanimous, unless otherwise noted. 1. Call to Order The meeting was called to order at 6:30 p.m. 2. Adoption of the Agendas MOVED BY: SECONDED BY: Councillor Ugulini Councillor Neale That Council adopt the agendas for the meeting of April 17, 2018 and any and all revisions published April 17, 2018, as amended. CARRIED 3. Mayor's Report 1. Mayor Luciani advised the Niagara Region has agreed to support the City of Thorold s report requesting additional funding from the Ministry of Municipal Affairs to assist with the influx of students residing in the City of Thorold. Page1

6 2. On Saturday, April 21, 2018, the City of Thorold and Village Church will take part in this year s Community Cleanup to recognize Earth Day. 4. Regional Councillor Update None 5. Adoption of the Minutes a. Regular Council Meeting Minutes of April 3, 2018 MOVED BY: SECONDED BY: Councillor Wilson Councillor Ugulini That the Regular Council meeting minutes of April 3, 2018, be hereby adopted. CARRIED b. General Committee Meeting Minutes of April 3, 2018 MOVED BY: SECONDED BY: Councillor Handley Councillor Charron That the General Committee meeting minutes of April 3, 2018, be hereby adopted. CARRIED 6. Declarations of Interest None 7. Public Meetings Pursuant to the Planning Act a. Zoning By-law Amendment 184 Keefer Road This Public Meeting is being held pursuant to the provisions of Section 34 of the Planning Act, R.S.O c.p 13, as amended. The purpose of the proposed zoning by-law amendment is to re-zone the lands from Residential First Density R1B zone to a site specific Residential Second Density R2 zone to facilitate the development of a semi-detached dwelling. Page2

7 A sign in sheet is located at the back if you wish to receive a copy of the forthcoming City staff recommendation report and a copy of the City Council decision. At the same table, copies of this evening s City Technical Report are available for review, which include all comments received to date. Tim Kenney, agent for the applicant was in attendance to present an overview of the application. The subject lands are located at 184 Keefer Road. The lot area is a large lot at 7,761 square feet. Best use for this lot would require an addition the back of the house to create a semi-detached house that meets all the City, Regional and Provincial planning policies. The portion of the house on Ivy Street will have a new façade and the front of the house will be on Keefer Road. Denise Landry, Senior Planner from the City of Thorold Planning Department was in attendance to highlight the Technical Report and provide department/agency comments. The Mayor invited members of the public to speak for or against the proposal and no members came forward. Mayor Luciani closed the Public Meeting at 6:43 p.m. b. Zoning By-law Amendment, 25 and 25 1/2 Metcalfe Street This Public Meeting is being held pursuant to the provisions of Section 34 of the Planning Act, R.S.O c.p 13, as amended. The purpose of the proposed zoning by-law amendment is to re-zone the lands from Residential Second Density R2 zone to a site specific Residential Third Density R3 zone to facilitate the development of a four unit street townhouse dwelling. Denise Landry, Senior Planner from the City of Thorold Planning Department was in attendance to highlight the Technical Report and provide department/agency comments. The Mayor invited members of the public to speak for or against the proposal. Angelo DeMita 51 Queen Street South Mr. Demita spoke in opposition to the application and advised he has concerns with drainage. He inquired if proper drainage would be installed as part of the redevelopment. Frank Maddalena 75 Richmond Street Mr. Maddalena advised he also has drainage problems but was not in opposition to the proposal. He Page3

8 8. Civic Recognition advised this was due to neighbouring properties having their backyards built up. He would like the elevation and grading addressed for the new property. The Mayor invited members of the public to speak for or against the proposal and no additional members came forward. Mayor Luciani closed the Public Meeting at 6:50 p.m. 1. Councillor Tim Whalen advised 39 residents at 61 Ormond Street have experienced issues with Hydro One since Local MPP Cindy Forster advocated for these residents and they will be reimbursed for costs paid. 9. Presentations None 10. Motions for Support a. City of Thorold MOVED BY: SECONDED BY: Councillor Paone Councillor Longo Whereas the City Clerk s Office was notified of two vacancies on the Darlene Ryan Port Robinson Community Board of management; and Whereas on January 11, 2018, a notice was placed in Niagara This Week and on the City of Thorold website seeking appointments to the Board; and Whereas two applications were received and it was recommended by the Committee of Council to Review Applications to Boards & Committees on April 3, 2018 for approval by Thorold City Council. Now therefore be it resolved: 1. That Britney Chalmers and Clinton Sears be hereby appointed to the Darlene Ryan Port Robinson community Centre Board of Management until November 30, That the Chair of the Darlene Ryan Port Robinson Community Centre Board of Management be so advised. CARRIED Page4

9 Mayor Luciani temporarily removed himself from the chair in order to introduce the following motions. Deputy Mayor Whalen presided over the meeting during that time. Following the motions Mayor Luciani resumed the chair. b. City of Thorold MOVED BY: SECONDED BY: A.T.Luciani Councillor Paone Whereas municipal governments in Ontario do not have the right to approve landfill projects in their communities, but have authority for making decisions on all other types of development; and Whereas this outdated policy allows private landfill operators to consult with local residents and municipal Councils, but essentially ignore them; and Whereas municipalities already have exclusive rights for approving casinos and nuclear waste facilities within their communities, and further that the province has recognized the value of municipal approval for the siting of power generation facilities; and Whereas the recent report from Ontario s Environmental Commissioner has found that Ontario has a garbage problem, particularly from Industrial, Commercial and Institutional (ICI) waste generated within the City of Toronto, where diversion rates are as low as 15%; and Whereas municipalities across Ontario are quietly being identified and targeted as potential landfill sites; and Whereas municipalities should be considered experts in waste management, as they are responsible for this within their own communities, and often have decades worth of in-house expertise in managing waste, recycling, and diversion programs; and Whereas municipalities should have the right to approve or reject these projects, and assess whether the potential economic benefits are of sufficient value to offset any negative impacts and environmental concerns. Now therefore be it resolved that the City of Thorold supports Bill 16, Respecting Municipal Authority Over Landfilling Sites Act introduced by MPP Ernie Hardeman and calls upon the Government of Ontario, and all Page5

10 political parties, to formally grant municipalities the authority to approve landfill projects in or adjacent to their communities; and Further that the City of Thorold send copies of this resolution to MPP Ernie Hardeman, Region of Niagara and area municipalities. CARRIED c. City of Hamilton MOVED BY: SECONDED BY: A.T.Luciani Councillor Ugulini 1. That the correspondence received from the City of Hamilton at its Council meeting of February 28, 2018 requesting school boards that make decisions to close schools must offer the property to the local municipality for a dollar, be received and supported; and further 2. That this resolution be forwarded to area municipalities for support. CARRIED, AS AMENDED 11. Statement by Councillors 1. Councillor Charron advised he attended a meeting with the City of Thorold and the BIA Executive with regards to responsibilities in the BIA area. MOVED BY: SECONDED BY: Councillor Charron Councillor Whalen That the Director of Public Works and Community Services be requested to research BIA s of similar size in the Niagara Region to seek their distribution of tasks and associated budgets. CARRIED 2. Councillor Handley advised he intended to speak about the South Main Street Bridge in Port Robinson, but will wait until after the public meeting on April 24, 2018 to provide comment. 3. Councillor Ugulini would like to waive the procedural by-law to introduce a topic that is time sensitive. Page6

11 MOVED BY: SECONDED BY: Councillor Ugulini Councillor Longo That the rules of the Procedure By-law Section 10.0 be waived in order to present a time sensitive motion this evening pertaining to CN Rail. Councillor Ugulini advised he would like to make sure the City of Thorold interests are addressed in the short and long term plans of CN rail. CARRIED MOVED BY: SECONDED BY: Councillor Ugulini Councillor Longo That the Chief Administrative Officer be directed to arrange a meeting with CN Rail, Niagara Center MP Vance Badaway, Mayor, Chief Administrative Officer and any other appropriate staff to seek the short and long term plans of CN Rail and how they will impact the City of Thorold. CARRIED 4. Councillor Whalen requested the City of Thorold contact the Niagara Regional Police with regards to the individual arrested for tagging graffiti in Thorold. He advised he would like to see this individual clean up the graffiti that was tagged. He also advised he would like staff to contact Canada Post to clean up the mail boxes, of graffiti. 5. Councillor Longo requested the Mayor s Office contact the Thorold Non-Profit Housing Corporation and Niagara Regional Councillor D Angela to invite them to attend the next Council meeting to provide an update on Thorold Non-Profit Housing Corporation in the City of Thorold. MOVED BY: SECONDED BY: Councillor Longo Councillor Whalen That the Chair of Thorold Non-Profit Housing Corporation and the Regional Councillor D Angela be invited to attend the May 1, 2018 Council. CARRIED Page7

12 12. Notices of Motion None 13. Resolve into General Committee General Committee convened at 7:19 p.m. General Committee adjourned at 8:34 p.m. and City Council reconvened. 14. Motions Arising from In-Camera Session a. Chief Administrative Officer Verbal Report MOVED By: Councillor Longo That the Chief Administrative Officer proceed as directed. CARRIED b. Councillor Whalen Verbal Report (Re: Scholarship Fund Identifiable Individual) 1. That Councillor Whalen s verbal report be received for information purposes. CARRIED 15. Motion to Ratify Recommendations from General Committee MOVED BY: SECONDED BY: Councillor Whalen Councillor Paone That Council adopt those items approved by the General Committee on April 17, By-laws a. First Reading of By-laws CARRIED MOVED BY: SECONDED BY: Councillor Charron Councillor Neale Page8

13 That leave be given to introduce the following By-law(s): By-law Being a by-law to amend Comprehensive Zoning By-law 2140(97) by removing the holding symbol from 119 lots and 3 blocks (39 future lots) within the Rolling Meadows Subdivision Phases VI to X currently zoned Rolling Meadows Residential First Density RM-R1B(H)-1 Zone, Rolling Meadows Residential First Density RM-R1C(H)-1 Zone and Rolling Meadows Residential Third Density RM-R3(H)-1 Zone By-law Being a by-law to exempt certain lands from Part Lot Control (PLC ) Pursuant to Section 50 of the Planning Act, R.S.O as amended, for 59R-16109, Block 132, Plan 59M-445 municipally known as 37, 39 and 41 Wilkerson Street, Hansler Heights By-law A by-law to establish certain offices for the purposes of The Corporation of the City of Thorold and to appoint persons to hold such offices By-law Being a by-law to regulate the placement of Federal, Provincial and Municipal Election signs By-law Being a by-law prohibiting or regulating signs or other advertising devices By-law A by-law to confirm the proceedings of Council of The Corporation of the City of Thorold at its Regular Council and General Committee meetings of April 17, 2018 Page9

14 And that the same now be read a first time. CARRIED b. Final Reading of By-laws MOVED BY: SECONDED BY: Councillor Charron Councillor Neale That the By-laws just read a first time be read a second and third time, and do pass, and that the Mayor and Clerk do sign and seal the same, any rule of this Council to the contrary notwithstanding. CARRIED 17. Council Committee and Board Meeting Minutes a. Minutes to Review for Information Purposes MOVED BY: SECONDED BY: Councillor Longo Councillor Ugulini That Council receive and file the minutes of the Committees of Council/Local Boards, as presented. 1. Parks, Trails and Recreation Committee Re: Minutes of March 7, 2018 Meeting 2. Age Friendly Committee Re: Minutes of March 8, 2018 Meeting CARRIED b. Minutes to Endorse Recommendations None 18. Adjournment MOVED BY: SECONDED BY: Councillor Neale Councillor Ugulini Page10

15 That this meeting is hereby adjourned at 8:36 p.m. CARRIED A.T. Luciani, Mayor Donna Delvecchio, City Clerk Page11

16 GENERAL COMMITTEE MEETING MINUTES April 17, 2018 PRESENT: Mayor A.T. (Ted) Luciani, Councillor Charron, Councillor Handley, Councillor Longo, Councillor Neale, Councillor Paone, Councillor Ugulini, Councillor Whalen, Councillor Wilson STAFF: E. Darbyson, D. Delvecchio, B. Dickson, M. Dilwaria, C. Dray, J. Goulet, D. Landry, M. Mauro and G. Stojanovic OTHERS: Cogeco T.V., Thorold News, Niagara This Week, Weestream Note: Motions are carried unanimous, unless otherwise noted. 1. Call to Order That General Committee meeting was called to order. CARRIED 2. Declaration of Interest None 3. Delegations a. Daniel Romanko, Better Neighbourhoods Development Consultants was in attendance to provide a PowerPoint presentation about Planning and Development Services Report PDS Call for Reports to be Brought Forward from Consent None Page12

17 5. Motion to Move Reports on Consent MOVED BY: Councillor Ugulini That Council approve the Consent Agenda, save and except those items brought forward for discussion. CARRIED 6. Consent Reports a. DF Accounts Payable March That all accounts payable for the month of March in the amount of $4,232, be received and submitted to Council for approval. CARRIED ON CONSENT b. PWCS Purchase of a Three Quarter Ton Cargo Van - Public Works 1. That staff be authorized to purchase a 2018 GMC Savana 2500 Three Quarter Ton Van from Niagara Motors Limited at a cost of $27,600 (excluding HST). CARRIED ON CONSENT c. PDS Removal of Holding Rolling Meadows Subdivision Phases That a By-law to rezone the lands from Rolling Meadows First Density RM-R1B(H)-1 Zone, Rolling Meadows Residential First Density RM-R1C(H)-1 Zone and Rolling Meadows Residential Third Density RM-R3(H)-1 Zone to Rolling Meadows First Density RM-R1B-1 Zone, Rolling Meadows Residential First Density RM- R1C-1 Zone and Rolling Meadows Residential Third Density RM- R3-1 Zone be forwarded to a Special Council meeting this evening for approval. 2. That the recommendations of report DES that were supported by Council on August 8, 2017 be repealed. Page13

18 3. That By-law No be amended to remove the delegation of powers to the Director of Development and Engineering Services and that the by-law be brought forward at a future Council meeting. CARRIED ON CONSENT d. CC Council Correspondence for April 17, 2018 Meeting 1. That Council receive and file the items listed in City Clerk s Report CC CARRIED ON CONSENT e. CC Letter of Municipal Significance for Bridge 12 Pub & Eatery for their Upcoming Events 1. That the Council of the City of Thorold hereby declare three events to be hosted by Bridge 12 Pub & Eatery on June 23, July 28 and September 8, 2018 from 11:30 a.m. to 2:00 a.m. as events of municipal significance for the purposes of the Bridge 12 Pub & Eatery obtaining a liquor licence from the AGCO. 2. That the Bridge 12 Pub & Eatery shall be responsible for complying with all conditions imposed by the AGCO. CARRIED ON CONSENT f. CC Smart Cities Challenge Information Report 1. That City Clerk s Report CC be received for information purposes. 2. That the Mayor be directed to sign the attached support letter. CARRIED ON CONSENT Page14

19 g. CC Use of Corporate Resources for Election Purposes 1. That Appendix A to City Clerk s Report CC being a policy regarding Use of Corporate Resources for Election Purposes be approved. CARRIED ON CONSENT 7. Discussion Reports a. PWCS Rodent Control MOVED BY: Councillor Longo 1. That Council direct staff to implement a rodent and wildlife control requirement to demolition permits. CARRIED b. PWCS Purchase of Long Box Pick-Up Truck, Kubota Compact Tractor, Kubota Lawn Tractor with Mower Deck and Full Size Half Ton Extended Cab Pick- Up MOVED BY: Councillor Ugulini That staff be authorized to purchase the following: 1. One new HD Regular Cab Long Box Pick-up Truck with Slide in dump box at a cost of $42,200 (excluding HST) from Brock Ford Sales Inc. of Niagara Falls, to replace Cemetery # 4, as identified in the 2018 General Equipment Replacement Schedule. 2. One new 2018 Kubota B2650HSDC Compact Tractor and One New 2018 Kubota Z Kawaski engine Lawn tractor with 48 mower deck. At a cost of $34,557 (excluding HST) from Ben Berg Farm & Industrial Equipment Ltd. of Wainfleet. 3. One new 2018 Full Size Half Ton Extended Cab Pick-up truck at a cost of $28,000 (excluding HST) from Niagara Motors Limited. Page15

20 4. Staff recommends that the cost overrun of $1,900 for the purchase of the truck in Recommendation 3 be funded $1,710 from the Development Charges Recreation Fund and a re-allocation of $190 from savings of the purchase of the HD Regular Cab Long Box Pick-up Truck with Slide. CARRIED c. PDS Recommendation Report Regarding a Zoning By-law Amendment for 3530 Schmon Parkway (ZBA ) MOVED BY: Councillor Wilson 1. That Director of Planning and Development Services Report PDS be approved as presented. 2. That General Committee direct Planning staff to prepare the Zoning By-law Amendment to re-zone the lands from Prestige Office PO- 1 zone to a site specific Prestige Office PO zone (as proposed in Table 1). 3. That the Zoning By-law Amendment be approved by Council. 4. That the necessary by-laws be presented to Council at a future meeting. DEFERRED * This report was deferred pending additional information from the property owner. 8. In-Camera Session a. Chief Administrative Officer's Verbal Report Status Update - Councillor Handley (In-Camera - Identifiable Individual) 1. That the Chief Administrative Officer proceed as directed. b. Councillor Whalen Verbal Report (Re: Scholarship Fund Identifiable Individual) CARRIED 1. That Councillor Whalen verbal report be received for information purposes. Page16

21 c. In-Camera General Committee Minutes of April 3, 2018 That the minutes of the April 3, 2018 meeting be hereby approved. CARRIED 9. Adjournment A.T. Luciani, Mayor Donna Delvecchio, City Clerk Page17

22 COUNCIL CHAMBERS, CITY HALL May 1, 6:30 P.M. AGENDA ITEMS: 1) Mayor A.T. (Ted) Luciani PROPOSED AMENDMENT TO THE CITY OF THOROLD COMPREHENSIVE ZONING BY-LAW 2140(97) PORT ROBINSON ESTATES SUBDIVISION TO FACILITATE THE DEVELOPMENT OF THE LANDS (D ) Re: Opening remarks and purpose of meeting and intent of the proposed Zoning By-law Amendment. This Public Meeting is being held pursuant to the provisions of Section 34 of the Planning Act, R.S.O c.p 13, as amended. The purpose of the proposed zoning by-law amendment is to rezone Part 1 identified on Figure 2 below to Shopping Centre Commercial SC Zone with a site specific provision to reduce the minimum lot area and to rezone Parts 2 and 3 to Open Space OS Zone with a site specific provision to reduce the minimum lot area and minimum lot frontage. A sign in sheet is located at the back if you wish to receive a copy of the decision of City Council. At the same table, copies of the staff report are available for your information. 2) Presentation of the Proposed Amendment Re: William Heikoop, Agent for the applicant to present the proposed application. 3) Presentation of the Proposed Amendment by Staff Re: Denise Landry, Senior Planner 4) Public Participation Re: Public Input. If a person or public body chooses to not provide oral comments at the public Page18

23 Public Meeting Port Robinson Estates Subdivision 2 meeting or written comments before the proposed Zoning By-law Amendment is adopted, the person or public body is not entitled to appeal the decision to the Local Planning Appeal Tribunal. Now at this time, is there anyone present who wishes to speak in favour of the application, please come forward to the podium. (Wait seeing none) Is there anyone present who wishes to speak in opposition of the application, please come forward to the podium. (Wait seeing none) 5) Mayor Ted Luciani Re: Closing remarks and closing of meeting. This fulfils the requirements of the Planning Act. R.S.O c.p. 13., pursuant to Section 34. The City s General Committee will consider staff s recommendation report, which will be subsequently considered by City Council at a future date. Anyone wishing to receive a copy of City Council s decision as a result of this application is asked to submit their request in writing to the City Clerk. As such the Public Meeting portion of this application is now closed. Page19

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28 CITY OF PORT COLBORNE Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8 CORPORATE SERVICES DEPARTMENT, CLERK S DIVISION Sent via Ann-Marie.Norio@niagararegion.ca April 10, 2018 Ann-Marie Norio, Acting Regional Clerk Niagara Region Thorold, Ontario Dear Ann-Marie Norio: Re: Resolution Request the Region of Niagara to Immediately Replace Board Members and Establish Guidelines for the Future Recruitment of Board Members to the Niagara Peninsula Conservation Authority (NPCA) Please be advised that, at its meeting of April 9, 2018, the Council of The Corporation of the City of Port Colborne resolved as follows: WHEREAS Port Colborne City Council is aware of concerns in the community that the Niagara Peninsula Conservation Authority (NPCA) has demonstrated an inability to operate as an effective, open and transparent Conservation Authority, that respects its mandate; AND WHEREAS Port Colborne City Council has lost confidence in the current Board and management of the NPCA; THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PORT COLBORNE RESOLVES AS FOLLOWS: THAT the City of Port Colborne requests that the Region of Niagara immediately replace board members of the NPCA with members selected by the lower tier municipalities; and THAT the City of Port Colborne requests that the Region of Niagara establish guidelines for the recruitment, selection, and appointment of individuals to be in place during the next selection of NPCA board members; and THAT the guidelines be developed with criteria that is based on skillset and be carried out by the lower tier municipalities. Telephone: cityclerk@portcolborne.ca Fax: Page24

29 Resolution NPCA Page 2 Your favourable consideration of this request is respectfully requested. Sincerely, Amber LaPointe City Clerk ec: The Honourable Kathryn McGarry, Minister of Natural Resources and Forestry Niagara Peninsula Conservation Authority Local Area Members of Provincial Parliament Niagara Region and Local Area Municipalities Telephone: cityclerk@portcolborne.ca Fax: Page25

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41 April 19, 2018 Ministry of Tourism, Culture and Sport Hearst Block, 9th Floor 900 Bay Street Toronto, ON M7A 2E1 Department of Corporate Services 1593 Four Mile Creek Road P.O. BOX 100, Virgil, ON L0S 1T FAX: ATTN: Hon. Daiene Vernile - Minister of Tourism, Culture and Sport RE: Funding for Local Public Libraries Please be advised the Council of The Corporation of the Town of Niagara-on-the-Lake, at its regular meeting held on April 16, 2018, adopted the following resolution: WHEREAS: public libraries act as community hubs providing safe, inclusive spaces where everyone is welcome to learn, work, connect, create and collaborate; AND WHEREAS the Niagara-on-the-Lake Public Library actively partners with the community to deliver valued services and contributes to a culture of social good by sharing knowledge and resources; AND WHEREAS the Niagara-on-the-Lake Public Library continues to manage public resources with the utmost care and continually seeks funding opportunities through donations, sponsorships and grants in order to expand and enhance service beyond the level possible with core funding; AND WHEREAS the Niagara-on-the-Lake Public Library continues to deliver collections, programs and services that support provincial initiatives such as poverty reduction, lifelong learning, skill development, local economic development, health literacy, equitable access to provincial government online services and reconciliation with indigenous peoples. THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake (Council) urges the Province of Ontario to recognize the contribution of local libraries within their communities and to cease the 20 year budget freeze to local public libraries in an acknowledgement of the services they offer to all residents; AND FURTHER that the Council urges the Province of Ontario to reinstate adequate and appropriate funding for local public libraries, increasing each year going forward in line with the consumer price index; Page37

42 Department of Corporate Services 1593 Four Mile Creek Road P.O. BOX 100, Virgil, ON L0S 1T FAX: AND FURTHER that a copy of this resolution be sent to the Minister of Tourism, Culture and Sport, to the Ontario Minister of Municipal Affairs, to local MPPs, to the Association of Municipalities Ontario, to the Ontario Library Association, to the Federation of Ontario Public Libraries, to the Region of Niagara and to local area municipalities. The Council of the Town of Niagara-on-the-Lake respectfully requests your favourable consideration and support of this matter. Yours sincerely, Peter Todd, Town Clerk Copy: The Hon. Wayne Gates MPP Minister of Municipal Affairs and Housing AMO Ontario Library Association Federation of Ontario Public Libraries Niagara Region and Local Area Municipalities Page38

43 Whereas under the Municipal Act, Ontario municipalities have the authority and responsibility to advance and protect the economic, social and environmental wellbeing of the municipality and the health, safety and well-being of persons ; and Whereas the Provincial Government has designated Ontario municipalities to have responsibility to establish official plans that meet or exceed provincial standards for managing and directing physical change and effects on the social, economic, built and natural environment; and Whereas CN Rail has declared that the Province of Ontario and the Halton Municipalities (the City of Burlington, the Town of Halton Hills, the Town of Milton and the Town of Oakville) and Conservation Halton have no regulatory role whatsoever with respect to a proposed truck/rail development that will have a direct impact on the economic, social and environmental well-being of the municipality and health, safety and well-being of residents; and Whereas the Halton Municipalities and Conservation Halton recognize that railways are a matter of federal jurisdiction, but assert that truck-rail developments have non-rail aspects that engage multiple areas of provincial and municipal government regulatory responsibility; and Whereas the Halton Municipalities and Conservation Halton have commenced a Court Application to confirm their legitimate regulatory role in respect of the CN development; and Whereas CN s position that its proposed truck-rail development falls exclusively under federal jurisdiction, if upheld, would create a regulatory gap that would prevent the Province of Ontario, the Halton Municipalities and Conservation Halton from discharging their statutory responsibilities, and leave CN Rail, a for-profit company, to self-regulate on matters that engage provincial and municipal responsibilities; and Whereas irrespective of the merits of CN s proposed development, CN s interpretation of jurisdiction over this development, if upheld, would be detrimental to all provinces and municipalities that contain existing or proposed developments that engage matters of federal, provincial and municipal regulatory interest. Page39

44 Now therefore be it resolved: 1. That the City of Thorold endorse the principles that: a. there must be a cooperative approach to all developments that engage federal, provincial and municipal regulatory matters. b. the existence of federal regulation over a development does not preclude and may require provincial and municipal regulation of the proposed development to avoid regulatory gaps. 2. That the City of Thorold calls on the Government of Ontario to join the court Application of the Halton Municipalities, be received and Supported or Filed Page40

45 VIA Legislative & Planning Services Department Office of the Regional Clerk 1151 Bronte Road Oakville ON L6M 3L1 April 11, 2018 Federation of Canadian Municipalities, Brock Carlton Association of Municipalities of Ontario, Pat Vanini Large Urban Municipal Caucus of Ontario (LUMCO), Mayor Jeffrey Mayors and Regional Chairs Caucus of Ontario (MARCO), Ken Seiling Rural Ontario Municipal Association (ROMA), Mayor Ronald Holman Northwestern Ontario Municipal Association (NOMA), Mayor Wendy Landry Federation of Northern Ontario Municipalities (FNOM), Mayor Alan Spacek Conservation Authority of Ontario, Richard Hibma all Ontario municipalities Please be advised that at its meeting held Wednesday, March 28, 2018, the Council of the Regional Municipality of Halton adopted the following resolution: RESOLUTION: Seeking Support on the Court Application Involving the CN Truck-Rail Development in the Town of Milton WHEREAS under the Municipal Act, Ontario municipalities have the authority and responsibility to advance and protect the economic, social and environmental wellbeing of the municipality and the health, safety and well-being of persons ; WHEREAS the Provincial Government has designated Ontario municipalities to have responsibility to establish official plans that meet or exceed provincial standards for managing and directing physical change and effects on the social, economic, built and natural environment; WHEREAS Halton Region and its area municipalities ( Halton Municipalities ), in partnership with Conservation Halton, have carried out multi-year, multi-phase planning processes to update their applicable official plans to address all relevant provincial plans and policy and foster healthy communities; WHEREAS the most recent Halton Region official plan process engaged railways, including CN Rail, and was amended to accommodate stated railway plans for railsupported development; Page41

46 WHEREAS contrary to its own stated plans, CN Rail has declared its intention to proceed with a new stand-alone, truck-rail development in the Town of Milton that would operate 7 days a week, 24 hours a day and add at least 1,600 truck trips a day on regional roads located in close proximity to existing and planned residential communities; WHEREAS CN Rail has declared that Ontario and the Halton Municipalities have no regulatory role whatsoever with respect to the truck-rail development; WHEREAS the Halton Municipalities, Conservation Halton, and Halton residents have concerns about the impacts of CN s proposed development on traffic congestion, community growth, health and safety, and the local environment; WHEREAS the Halton Municipalities and Conservation Halton recognize that railways are a matter of federal jurisdiction, but assert that truck-rail developments have non-rail aspects that engage multiple areas of provincial and municipal government regulatory responsibility; WHEREAS CN s truck-rail development engages numerous provincial and municipal by-laws, policies and plans that govern growth in the Halton Municipalities, including but not limited to, policies in Ontario s Growth Plan, Greenbelt Plan, the Provincial Policy Statement, and the provincially approved Official Plan for Halton Region and the Town of Milton; WHEREAS CN s position that its proposed truck-rail development falls exclusively under federal jurisdiction, if upheld, would create a regulatory gap that would prevent the Province of Ontario, the Halton Municipalities and Conservation Halton from discharging their statutory responsibilities, and leave CN Rail, a for-profit company, to self-regulate on matters that engage provincial and municipal responsibilities; WHEREAS the Halton Municipalities and Conservation Halton have commenced a Court Application (the Application ) to confirm their legitimate regulatory role in respect of the proposed CN development; and WHEREAS irrespective of the merits of CN s proposed development, CN s interpretation of jurisdiction over this development, if upheld, would be detrimental to all provinces and municipalities that contain existing or proposed developments that engage matters of federal, provincial and municipal regulatory interest. NOW THEREFORE BE IT RESOLVED: 1. THAT Regional Council endorse the principles that: a. there must be a cooperative approach to all developments that engage federal, provincial and municipal regulatory matters. Page42

47 b. the existence of federal regulation over a development does not preclude and may require provincial and municipal regulation of the proposed development to avoid regulatory gaps. 2. THAT Halton Region calls on the Government of Ontario to join the Court Application of the Halton Municipalities. 3. THAT a copy of this resolution be forwarded to the Honourable Kathleen Wynne, Premier of Ontario; the Honourable Bill Mauro, Minister of Municipal Affairs; the Honourable Yasir Naqvi, Attorney General of Ontario; Halton s Members of Parliament (MPs), Members of Provincial Parliament(MPPs), and Leaders of the Opposition Parties. 4. THAT a copy of the attached resolution be forwarded to the Federation of Canadian Municipalities (FCM), the Association of Municipalities of Ontario (AMO), the Large Urban Municipal Caucus of Ontario (LUMCO), the Mayors and Regional Chairs Caucus of Ontario (MARCO), the Rural Ontario Municipal Association (ROMA), the Northwestern Ontario Municipal Association (NOMA), Federation of Northern Ontario Municipalities (FNOM), the Conservation Authority of Ontario, and to all Ontario municipalities for their endorsement. As per the above resolution, please accept this correspondence and attached resolution for your information and consideration. If you have any questions please contact me at extension 7110 or the address below. Sincerely, Graham Milne Regional Clerk graham.milne@halton.ca Page43

48 A By-law to Confirm the Annual Estimates The Corporation of the City of Thorold By-law No Whereas the recommendations contained in the Director of Finance Budget Report DF were approved by By-law at a Council meeting held on March 6, 2018; and Whereas the recommendations contained in Report DF and Water and Urban Service Area Budgets were approved by By-law at the Council meeting March 20, 2018; and Whereas the Council deems it expedient to confirm and approve the estimates of revenue and expense for purposes of the Corporation s 2018 Budgets; and Whereas the Council deems it expedient to confirm and approve the revenues to be levied for Regional, Education and Hospital purposes. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. Total estimated expenditures for the year 2018 are approved as follows: General Government $ 3,464,178 Protection to Persons & Property 5,780,495 Transportation Services 6,251,668 Environmental Services 1,362,815 Health Services 840,017 Recreation & Cultural Services 3,281,874 Planning & Development 1,165,141 Sub-Total $ 22,146,188 Regional Niagara $ 13,560,338 Regional Niagara - Waste Management 1,431,793 Education 6,041,770 NHS - Health Care Complex City 298,000 Total Tax-Supported Expenditures $ 43,478,089 Add: Self-Liquidating Waterworks Expenditures 3,673,727 Self-Liquidating Wastewater Expenditures 4,106,983 Total Estimated Expenditures $ 51,258,799 Total estimated revenues for the year 2018 are approved as follows: Taxation levied on rateable assessment $ 34,341,845 Taxation levied on Rights-of-way 136,993 Fire Services Detention Centre 5,000 Special Area Rates & Charges 1,270,000 Contributions from other Governments 2,096,440 Other Revenues 4,627,811 Total Tax-Related Revenues $ 43,478,089 Add: Waterworks Revenue 3,673,727 Wastewater revenue 4,106,983 Total Estimated Revenues $ 51,258,799 Page44

49 Capital Expenditures are approved as follows: A. Funded from Reserves and Reserve funds: $ 2,288,820 B. Funded from Development Charges 649,570 C. Funded from Levy 700,846 D. From Water Sewer Rates 775,000 E. From Grants/Misc 800,000 F. From Debentures/Internal Financing 18, General $5,232,570 All 2018 surpluses over the estimates for the year shall be and are hereby allocated, in the first instance an amount up to $150, to the Reserve for Industrial Development and the balance of any such surpluses to the Reserve for Municipal Development. All 2018 deficits over the estimates shall be funded from the Reserve for Industrial Development. For any surplus in the 2018 Winter Control Operating Budget, 75% of any surplus, to a maximum of $50,000.00, be allocated to the Winter Control Stabilization Reserve, provided that this allocation does not create or magnify a deficit at year-end for Water & Urban Service Area All surpluses/ (deficits) of 2018 over the estimates for the Urban Service Area Budget for the year shall be and are hereby allocated to/ (funded from) the Sewage Capital Reserve. All surpluses/ (deficits) of 2018 over the estimates for the Water Budget for the year shall be and are hereby allocated to/ (funded from) the Water Capital Reserve. 4. The detailed 2018 budget, a public document, prepared by the Treasurer, shows full particulars of the revenues and expenditures confirmed by this by-law. Read a first, second and third time and finally passed by Council this 1st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page45

50 The Corporation of the City of Thorold By-law No A by-law to set the Tax Rates and the Tax Due Dates for the year 2018 Whereas subsection 312(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that for the purposes of raising the general local municipality levy, the Council of a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipality purposes; and Whereas subsection 312(6) of the said Municipal Act, 2001 provides that the tax rates to be levied under subsection (2) or (4) are subject to the following restrictions: 1. The rates must be set so that, when they are levied on the applicable assessment rateable for local municipality purposes, an amount equal to the general local municipality levy or special local municipality levy, as the case may be, is raised. 2. The rates on the different classes of property must be in the same proportion to each other as the tax ratios established under section 308 for the property classes are to each other; and Whereas The Regional Municipality of Niagara has by by-law set the tax rates, tax ratios and tax rate reductions for Region, Waste Management and Education purposes; and Whereas the Council of the City of Thorold approved Reports DF and, on March 6, 2018 adopted By-law to approve the 2018 Budgets; and Whereas the Council of the City of Thorold approved Report DF , and on March 20, 2018 adopted By-law and to approve the 2016 Urban Service Area and Water Budgets; and Whereas the Council of the City of Thorold must finalize its 2018 local municipality rates in order for the final billing to proceed; and Whereas pursuant to By-law No (To Authorize a Levy of Taxes before the Estimates are Adopted for the Year 2018), interim bills have been sent to taxpayers; and Whereas as a result of Bill 140, local municipalities are prevented from issuing 2016 final tax bills to taxpayers in the commercial, industrial and multi-residential classes without including the adjustments for 2018 and since these amounts cannot be determined without Regional direction and the Province of Ontario OPTA software, it is deemed expedient to run separate final billing processes for residential tax bills and those bills affected by Bill 140; and Whereas the residential tax bills will be sent out at the regular time with due dates of June 29 th and August 31st and later mailings will occur for the multi-residential, commercial and industrial classes following readiness of the OPTA software; and Whereas subsection 312(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that for the purposes of raising the general local municipality levy, the Council of a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipality purposes; and Whereas subsection 312(6) of the said Municipal Act, 2001 provides that the tax rates to be levied under subsection (2) or (4) are subject to the following restrictions: Page46

51 3. The rates must be set so that, when they are levied on the applicable assessment rateable for local municipality purposes, an amount equal to the general local municipality levy or special local municipality levy, as the case may be, is raised. 4. The rates on the different classes of property must be in the same proportion to each other as the tax ratios established under section 308 for the property classes are to each other. Whereas The Regional Municipality of Niagara has by by-law set the tax rates, tax ratios and tax rate reductions for Region, Waste Management and Education purposes; and Whereas the Council of the City of Thorold approved Reports DF and DF , and on January 19, 2016 adopted By-law to approve the 2016 Budgets; and Whereas the Council of the City of Thorold approved Report DF , and on March 1, 2016 adopted By-law and to approve the 2016 Urban Service Area and Water Budgets; and Whereas the Council of the City of Thorold approved By-Law (To Confirm the Annual Estimates for the Year 2016); and Whereas the Council of the City of Thorold must finalize its 2016 local municipality rates in order for the final billing to proceed; and Whereas pursuant to By-law No (To Authorize a Levy of Taxes before the Estimates are Adopted for the Year 2016), interim bills have been sent to taxpayers; and Whereas as a result of Bill 140, local municipalities are prevented from issuing 2016 final tax bills to taxpayers in the commercial, industrial and multi-residential classes without including the adjustments for 2016 and since these amounts cannot be determined without Regional direction and the Province of Ontario OPTA software, it is deemed expedient to run separate final billing processes for residential tax bills and those bills affected by Bill 140; and Whereas the residential tax bills will be sent out at the regular time with due dates of June 30 th and August 31st and later mailings will occur for the multi-residential, commercial and industrial classes following readiness of the OPTA software; and Whereas it is necessary for the Council of The Corporation of the City of Thorold, pursuant to the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Thorold the sums set forth for various purposes in Schedule A annexed hereto for the current year; and Whereas Report DF was approved by Council at the meeting of May 1, 2018 to adopt the tax rates for Now therefore, the Council of the Corporation of the City of Thorold enacts as follows: 1. That for the year 2018, The Corporation of the City of Thorold shall levy upon the assessment classes set out in Schedule A annexed hereto to this by-law the rates of taxation pursuant to current value assessment for general purposes as set out in Schedule A annexed hereto to this by-law, as adjusted by the provisions of Bill That the estimates for the current year for all municipal, special areas and school purposes are employed in Schedule A attached to this By-law. 3. That the levy provided for in Schedule A annexed hereto to this by-law shall be reduced by the amount of the interim levy for That payments in lieu of taxes due to The Corporation of the City of Thorold, the actual amount due to The Corporation of the City of Thorold shall be based on the assessment roll and the tax rates for the year Page47

52 5. That railway rights-of-way taxes due to The Corporation of the City of Thorold in accordance with the regulations as established by the Minister of Finance, pursuant to the Municipal Act, 2001, the actual amount due to The Corporation of the City of Thorold shall be based on the assessment roll and the tax rates for the year 2018 as approved by regulation with due dates to be the same as Section 12(1) herein. 6. That in accordance with the Urban Service Area section of Schedule B, attached to this by-law, there shall be levied and collected in the City of Thorold upon the Urban Service Area assessments respectively set forth in the Current Value Assessment column, at the rates shown in the USA Rate column of the said Schedule, making up the total shown in USA Levy column of the said Schedule, as adjusted by the provisions of Bill That for the purposes of the Board of Management for the Thorold Business Improvement Area established under By-law 450 (80) for the area designated under Bylaw 360 (79) there shall be levied and collected the sum of $40, the rate for which shall be as provided for in Schedule B under the Business Improvement Area Charge section. 8. That all money levied and collected under the authority of this by-law and additional taxes which may be levied and collected in pursuance of sections 32, 33 and 34 of the Assessment Act, R.S.O. 1990, and amendments thereto, and provisions of Bill 140, shall be paid in to the hands of the City Treasurer and by her applied as directed by the statutes in that behalf, or as the said Council has by by-law or the said estimates for 2018, directed, or shall from time to time hereafter direct. 9. That the payment of taxes to the municipality may also be paid according to the established preauthorized payment plan on either a due date or monthly plan for which the taxes are imposed to allow taxpayers to spread the payment of taxes more evenly over the year. The monthly plan payments shall be made at the end of each month from September to August, with December excluded. 10. That in accordance with section 343 of the Municipal Act, 2001 the demand date shall be June 8, 2018, effective for the Residential, Pipelines, Farmlands and Managed Forest property classes only, with the demand date for the Commercial, Industrial, and Multi- Residential classes to be established 21 days from their due date pending finalization of OPTA Bill 140 adjustments. 11. That in accordance with subsection 343(6) of the Municipal Act, 2001 the Treasurer shall send a tax bill to the taxpayer s residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the Treasurer, in writing, to send the bill to another address. In accordance with Section 343 (6.1) the bill shall be delivered electronically if the taxpayer has chosen to receive the bill in this manner 12. That in accordance with sections 342 and 346 of the Municipal Act, 2001 the following due dates and tax rates be and they are hereby established for the following assessment classes: a) June 8, 2018 mailing, with 50% due on each of June 29, 2018 and August 31, 2018 for the Residential, Farm, Farmlands, Managed Forests and Pipelines classes in accordance with the applicable rates as set forth in Schedules A and B. b) On dates to be fixed by Council at such time as the Bill 140 adjustments are finally fixed by the Province, for the Multi-residential, Commercial occupied, Commercial vacant, Industrial occupied, Industrial vacant, Large Industrial occupied, Large Industrial vacant classes in accordance with the appropriate rates as set forth in Schedules A and B, and as adjusted by the provisions of Bill That a penalty of 1.25% of the amount of each instalment shall be imposed on the first day of default and on the first day calendar month thereof in which default continues until the taxes are paid as prescribed by section 345 of the Municipal Act, Page48

53 14. That the minimum tax bill shall not be less than $10.00 as allowed by section 355 of the Municipal Act, That payment of taxes and of instalments of taxation shall be made to the City Treasurer and the City Treasurer is hereby authorized to accept partial payments on account of instalments of taxation. 16. That when any instalment is in default or where there are prior arrears owing on any property, payment must be made at the office of the Treasurer. 17. That the City Treasurer shall give public notice in the Niagara This Week newspaper and on the City s web-site of the general provisions of this by-law respecting payment of taxes for the year That the City Treasurer may mail or cause to be mailed the notices mentioned in subsection 343(1) of the Municipal Act, That the tax rolls shall be prepared and there shall be entered thereon the information and particulars prescribed by the Assessment Act and in accordance with the applicable provisions of section 340 of the Municipal Act, That the City Treasurer shall make a return of the rolls of the year 2018 on or before the 31st day of December 2018 or on or before such later date or dates as may be determined by by-law. 21. That under the provisions of the statutes applicable, the City Treasurer shall collect, in accordance with the terms of this by-law, all rates and taxes imposed by The Regional Municipality of Niagara and the assessment for school purposes as levied by specified tax rates pursuant to The Regional Municipality of Niagara By-Law. 22. That if any section or portion of this by-law, including Schedules A and/or B annexed hereto, is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of The Corporation of the City of Thorold that all remaining sections and portions of this by-law shall continue in force and effect. 23. That Schedule A and Schedule B attached hereto shall be and form a part of this by-law. Read a first, second and third time and finally passed by Council this 1st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page49

54 Corporation of the City of Thorold Schedule A to By-law Tax Rates Property Class RTC/RTQ Code Tax Ratio Current Value Assessment Taxable City Tax Rates NHS Health Care Complex Rates Region Tax Rates Region Waste Mgmt Rates Education Tax Rates TOTAL City Levy NHS Health Care Complex Levy Region Levy Waste Mgmt Levy Education Levy TOTAL LEVY Residential/Farm RT,RH,RP, RF, RG, RD ,741,742, % % % % % % $10,204,537 $217,057 $9,877,055 $1,042,886 $2,960,962 $24,302,497 Multi-Residential MT ,542, % % % % % % $467,940 $9,953 $452,923 $47,823 $68,923 $1,047,562 Multi-Residential New NT ,583, % % % % % % $360,804 $7,674 $349,225 $36,874 $104,691 $859,268 Commercial CT,CH,CP, CF,CM, CG, DT, DP, GT, GP, ST, DG,BB ,637, % % % % % % $1,480,322 $31,487 $1,432,815 $151,286 $1,587,446 $4,683,356 vacant Units, Excess Land CU,CK,CW, DU, SU ,735, % % % % % % $76,382 $1,625 $73,930 $7,806 $81,909 $241,652 Commercial New Construction XT, YT, ZT ,427, % % % % % % $116,159 $2,471 $112,431 $11,871 $124,565 $367,497 vacant Units, Excess Land XU, ZU , % % % % % % $1,357 $29 $1,314 $139 $1,455 $4,294 Vacant Land XX % % % % % % $0 $0 $0 $0 $0 $0 Industrial IT, LT, IH, IF ,351, % % % % % % $575,535 $12,242 $557,065 $58,819 $500,508 $1,704,169 Vacant Units, Excess Land IU, LU ,453, % % % % % % $37,249 $792 $36,053 $3,807 $32,393 $110,294 Vacant Land IX, LX, IJ, IZ ,539, % % % % % % $178,398 $3,795 $172,673 $18,232 $155,142 $528,240 Industrial New Construction JT,KT ,728, % % % % % % $196,122 $4,172 $189,828 $20,043 $138,735 $548,900 vacant Units, Excess Land JU, KU , % % % % % % $911 $19 $882 $93 $645 $2,550 Vacant Land JX,KX % % % % % % $0 $0 $0 $0 $0 $0 Pipelines PT ,133, % % % % % % $240,661 $5,119 $232,938 $24,595 $263,050 $766,363 Farmlands FT, FP ,761, % % % % % % $72,886 $1,551 $70,547 $7,449 $21,149 $173,582 Farmland Awaiting Development I R1,I1, C1, M % % % % % % $0 $0 $0 $0 $0 $0 Farmland Awaiting Development II R2, M2, C2, I2 Class Ratio Applicable Class Rate $0 $0 $0 $0 $0 Managed Forests TT , % % % % % % $681 $14 $659 $70 $197 $1,621 Landfill % % % % % % 2,156,375,630 $14,009,944 $298,000 $13,560,338 $1,431,793 $6,041,770 $35,341,845 $14,043,248 TAXATION - RAILWAY RIGHTS OF WAY Special Dollar Per Acre Rate for Railway Rights of Way (Ontario Reg 387/98 &392/98) RTC/RTQ Code Acreage Rate Municipal Rate Education Total Municipal Total Education City Levy Region Levy Education Levy Total Levy Canadian National Railway WT short line $ $ $32, $36, $69, $16, $16, $36, $69, Canadian National Railway WT main line $ $ $30, $33, $64, $15, $15, $33, $64, Trillium Railway WT short line 6.50 $ $ $1, $1, $3, $ $ $1, $3, Per Municipal Act 386.3(3) Region's share of Total Municipal Split in Proportion to Total Commercial Tax Levied for Region & City Purposes $33, $32, $71, $136, $65, $71, $136, Commercial Taxes Region City $1,620, $1,674, % 50.8% Page

55 Corporation of the City of Thorold Schedule B to By-law USA and BIA Tax Rates URBAN SERVICE AREA RATES Property Class RTC/RTQ Code Tax Ratio Current Value Assessment City Tax Rates USA Levy Residential/Farm RT ,561,496, % $945,629 Multi-Residential MT ,542, % $48,369 New Multi Residential NT ,583, % $37,295 Commercial Occupied CT;DT;ST;GT; XT ,986, % $121,863 vacant Units, Excess Land CU;DU;SU;GU, XU ,699, % $2,724 Vacant Land CX, ,514, % $3,323 Residual Industrial IT ,820, % $14,049 Vacant Units, Excess Land IU ,308, % $1,459 Vacant Land IX ,957, % $14,446 Large Industrial LT ,176, % $22,580 Vacant units LU , % $571 New Industrial JT,KT ,582, % $16,855 Vacant units JU, KU , % $35 Pipelines PT , % $543 Farmlands FT ,711, % $259 Farmland Awaiting Development I C1; I1; R % $0 Farmland Awaiting Development II C2,I2,R2 Class Ratio Class Rate Managed Forests TT % $0 Landfill % TOTAL 1,838,451,772 $1,230,000 BIA RATES Property Class RTC/RTQ Code Tax Ratio Current Value Assessment City Tax Rates BIA Levy Commercial Occupied (note 1) CT;DT;ST;GT;XT ,167, % $38,833 vacant Units, Excess Land CU;DU;SU;GU % $0 Vacant Land CX , % $443 Residual Industrial IT , % $724 $40,000 Note 1: Commercial Class includes Office Buildings, Shopping Centers, Parking Lots Page

56 The Corporation of the City of Thorold By-law No Being a by-law to prohibit and regulate the sale and use of fireworks in the City of Thorold Whereas Section 120 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that a municipality may prohibit and regulate the manufacture of explosives in the municipality; prohibit and regulate the storage of explosives and dangerous substances in the municipality; regulate the keeping and transportation of explosives and dangerous substances in the municipality; and prohibit the manufacture or storage of explosives unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; and Whereas Section 121 of the Municipal Act, 2001, S. O. 2001, c.25 as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks and that such a by-law may prohibit the activities described therein unless a permit is obtained from the municipality for those activities and such a by-law may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; and Whereas the Council of the Corporation of the City of Thorold deems it necessary and expedient for the abatement of nuisance, the promotion of fire prevention and for the public health and safety of its residents, to prohibit and regulate the sale and the setting off of fireworks within the Corporation of the City of Thorold; and Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: Section 1 Definitions 1.1 Act means the Explosives Act, R.S.C. 1985, c. E-17, as amended and the regulations enacted thereunder as amended from time to time; 1.2 Building includes an edifice of structure, but does not included a trailer, or tent or motor vehicle of any kind; 1.3 City means The Corporation of the City of Thorold; 1.4 Exhibition Fireworks means a manufactured pyrotechnic device producing spectacular effects of light or sound classed under the Act as high hazard fireworks but does not include firecrackers; 1.5 Family Fireworks means a pyrotechnic device producing quantities or effects of light, sound, or smoke by the combustion of explosive or flammable composition and includes, but is not limited to, firework showers, fountains, golden rain, lawn lights, pinwheels, roman candles, volcano and sparklers, classed under the Act as low hazard fireworks, but does not include caps or toy guns or firecrackers; 1.6 Firecracker means a pyrotechnic that explodes instantaneously when ignited and does not produce any visible effect after the explosion, but does not include caps for toy guns containing not more than twenty-five one hundredth of a grain of explosive on average per cap, devices for use with such caps, safety flares or marine rockets; 1.7 Fireworks includes Exhibition Fireworks, Family Fireworks and Firecrackers; 1.8 Fire Chief means the Fire Chief for the City, or his or her designate; 1.9 Fireworks Supervisor means the person who is an approved purchaser of Exhibition Fireworks and who is qualified under the Act to supervise the discharge of Exhibition Fireworks; Page52

57 1.10 Permit means written permission to hold a fireworks display of Exhibition Fireworks as approved and granted by the City and issued under the provisions of this By-law; 1.11 Pyrotechnic Special Effect means an effect where a chemical mixture is used to produce visible or audible effects by combustion, deflagration, or detonation; 1.12 Stores means a commercial building or edifice, but does not include a trailer or a tent or a motor vehicle of any kind. Section 2 Sale of Fireworks 2.1 No person shall sell fireworks unless all requirements of the Act, this By-law, any other federal, provincial or municipal statute or regulation and any specific requirements of the Fire Chief, or his or her designate, have been complied with. 2.2 No person shall display, offer for sale, or sell Family Fireworks within the City at any time except ten (10) days immediately preceding Victoria Day and on Victoria Day and ten (10) days immediately preceding the holiday known as Canada Day (July 1 st ) and on Canada Day of each year. 2.3 Except for caps for toy guns, no person shall sell, give, or distribute Family Fireworks to any person under the age of eighteen (18) years of age in the City. 2.4 No person shall sell Exhibition Fireworks to a person who is not an approved purchaser under the Act. 2.5 Fireworks shall only be sold in stores in the City. 2.6 Fireworks that are displayed in a store shall be mock samples only and shall not contain explosive composition. 2.7 Fireworks shall not be accessible to the general public. 2.8 Fireworks shall be in a place where they are not exposed to the rays of the sun or to excess heat. Section 3 Discharge of Firecrackers 3.1 No person shall discharge, fire or set off, or cause to be discharged, fired, or set off, any firecrackers within the corporate boundaries of the City. Section 4 Displays of Family Fireworks 4.1 The setting off of Family Fireworks is prohibited except during the following prescribed days: Victoria Day: The two (2) days immediately before Victoria Day, Victoria Day, and the two (2) days immediately following Victoria Day. Canada Day: The two (2) days immediately before Canada Day, Canada Day, and the two (2) days immediately following Canada Day. 4.2 A person eighteen (18) years of age or over may hold and display Family Fireworks on any land belonging to him or her or any other privately owned land where the owner thereof has given permission for such display or discharge of fireworks. 4.3 No person shall use, set off, or all to be used or set off, any fireworks in such a place or in such a manner as to create a danger or constitute a nuisance to any person or property, or to do or allow to be done any unsafe act or omission at the time and place for setting off of any fireworks. Page53

58 4.4 No person shall set off any fireworks in, into, or onto any building, doorway, or automobile, or any other place where such setting off might create a danger or nuisance to any person or property. 4.5 No person under the age of eighteen (18) years of age shall set off any fireworks. 4.6 Indoor pyrotechnics are not permitted in the City. Section 5 Exhibition Fireworks 5.1 No person or group of persons shall hold a display of Exhibition Fireworks without first having obtained a permit therefor from the Office of the Fire Chief. 5.2 No person shall hold a display of Exhibition Fireworks on City owned property without written permission from the Director of Public Works and Community Services of the City, or his or her designate, and a permit issued by the Fire Chief, or his or her designate, who shall issue permits for display of Exhibition Fireworks on the conditions set forth therein. 5.3 An application for a permit to hold a display of Exhibition Fireworks shall be made at least thirty (30) days prior to the date in which it is desired to hold the display. The application shall disclose: a. the name of the club, association or group to whom the permit is anticipated to be issued to; b. the name of the person under whose supervision the display shall be held; c. the purpose of the display; d. the place, date, and time on which the display is to be held; and e. the method of restraining a person present at the display to the distance required by the Act. 5.4 No person other that a person who has successfully complete a Firework s Supervisor Course and who holds a valid Firework s Supervisor Card issued pursuant to the Act shall set off, or cause to be set off, recreational high-hazard fireworks and pyrotechnics. 5.5 A display of Exhibition Fireworks shall be conducted in a manner consistent with all safety precautions with regards to all persons and public and private property in the area where the display is held. 5.6 Every person to whom a permit is issued under this section of this By-law shall, immediately after the conclusion of the setting off or holding of a display carry out a site inspection and: a. remove all unused, or partly used, Exhibition Fireworks from the site; b. gather together and remove all debris remaining after use, or partial use, of the Exhibition Fireworks; and c. return the site to the condition it was prior to the setting off or holding of the display. 5.7 The grounds on which the display of Exhibition Fireworks are set off, or at which a display of such fireworks is held, shall be kept under the continual surveillance, by a person eighteen (18) years of age or older until the final site inspection has been completed by the permit holder. Page54

59 5.8 A permit issued under this section may be revoked at any time by the Fire Chief, or his or her designate, in the event of non-compliance with the provisions of this By-law, or any other applicable legislation or regulation. Section 6 Display of Exhibition Fireworks 6.1 The display of Exhibitions Fireworks shall be held by, or under the auspices of the club, association, or group to whom the permit is issued, at the place and time set forth in the permit. 6.2 The display of Exhibition Fireworks shall be conducted under the direct supervision of the person to whom the permit is issue, or some other qualified responsible person whose name and address shall be furnished to the Fire Chief in writing not less than three (3) days prior to the display and who has been certified as a Fireworks Supervisor under the Act. 6.3 No person shall hold a display of Exhibition Fireworks without first having provided written notice to the Niagara Regional Police Services thirty (30) days in advance of the day of such display. 6.4 Every applicant for a permit for a display of Exhibition Fireworks on City owned property shall deposit with the Director of Public Works and Community Services of the City proof of liability insurance in the minimum amount as approved from time to time in the City s insurance coverage policies and shall name the City as an additional insured. 6.5 The display of Exhibition Fireworks shall be conducted in a manner consistent with all safety procedures as outlined in the Act. 6.6 If the display of Exhibition Fireworks is to be held on property other than that owned or operated by the applicant, the applicant shall obtain the prior written consent of the owner or occupant of such property and a copy of this consent shall be submitted with the application for a permit for a display of Exhibition Fireworks to the Office of the Fire Chief at Thorold Fire and Emergency Services in the City. 6.7 The application for a permit with respect to a display of Exhibition Fireworks shall be made in writing to the Fire Chief at least thirty (30) days in advance of the day of such display. 6.8 Copies of the Exhibition Fireworks application shall be provided, by the applicant, to the Director of Public Works and Community Services for the City and the Niagara Regional Police Services. 6.9 The Fireworks Supervisor setting off Exhibition Fireworks must also submit he approval for purchase Exhibition Fireworks thirty (30) days prior to the proposed display to the Office of the Fire Chief for the City Every person to whom a display of Exhibition Fireworks permit is issued shall comply with the provisions of this By-law even if these provisions are more onerous than the provisions of the Act It is the responsibility of the Fireworks Supervisor to be aware of all relevant legislation and regulations and to ensure that the most restrictive legislation and regulations shall prevail at all times The Fire Chief shall have the authority upon issuing permits for the display of Exhibition Fireworks to impose any condition he or she deems appropriate for the safety of the public including the requirement of having a firefighter present at the setting off of any fireworks at the cost of the permit holder. Page55

60 6.13 Such firefighter shall have the right to enter any premises in order to administer the provisions of the Act and this By-law and any other relevant legislation or regulation and shall not be hindered or obstructed in any way whatsoever Such firefighter shall have the right to require any precautions for the prevention of fire which to him or her seem necessary before any fireworks may be set off The Fire Chief, or designate, or any Municipal By-law Enforcement Officer may, at any time, inspect any premises for Exhibition Fireworks being stored or offered for sale to the public At least two (2) 4A-60BC fire extinguishers shall be provided for all sites where fireworks are, or are proposed to be, discharged. Section 7 Enforcement 7.1 The following persons are authorized to enforce this By-law: a. the Fire Chief or Fire Prevention Officer of the City, or designate, and b. every authorized Municipal By-law Enforcement Officer for the City; and c. The Director of Public Works and Community Services of the City; and d. any Police Officer. Section 8 Offences 8.1 Any persons who contravenes any of the provisions of the By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. Section 9 Validity 9.1 If any section, subsection, or part of this By-law be declared illegal or ultra vires, such section, subsection, or part thereof shall be deemed to be severable and all other parts shall be separate and independent therefrom. Section 10 Commencement 10.1 By-law No is hereby repealed This By-law shall come into force and effect on the date of its passing and enactment This By-law may be known as the Fireworks By-law. Read a first, second and third time and finally passed by Council this 1 st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page56

61 The Corporation of the City of Thorold By-law No Being a By-law to amend Comprehensive Zoning By-law 2140(97) to rezone parts of the Port Robinson Estates Phase 1 Subdivision to facilitate development of the lands Whereas the Council of The Corporation of the City of Thorold authorized an amendment to Zoning By-law 2140(97) as amended, legally described as Firstly; Part Twp Lot 216 Thorold Parts 1 & 2, 59R-15824; Secondly; Part Twp Lots 216 & 217 Thorold Part 1, 59R-15817; City of Thorold, in accordance with the recommendations of Report PDS , approved at the Council meeting held on May 1, Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: Section 1 That Schedule A3 of By-law 2140(97), be and the same is hereby amended for the lands shown on the said Schedule A attached to and made part of this By-law by changing the zoning of the lands identified as Part 2 and 3 on Schedule A from Open Space OS Zone to Open Space OS-12 Zone. Section 2 That Comprehensive Zoning By-law 2140(97) be and the same is hereby amended by adding the following to the Shopping Centre Commercial SC(H)-2 Zone in Section 19 of the by-law identified as Part 1 on Schedule A attached to and made part of this by-law: a) Minimum Lot Area (hectares) Section 3 That By-law 2140(97) be and the same is hereby amended by adding the following special provisions to Section 29 of the By-law: Port Robinson Estates Subdivision Open Space OS-12 Zone Notwithstanding the minimum lot area and minimum lot frontage requirements of the Open Space OS Zone, the lands indicated as Open Space OS-12 Zone shall be subject to the following provisions: a) Minimum Lot Area (hectares) b) Minimum Lot Frontage (metres) 3.45 Schedule 4 That all other applicable provisions of By-law 2140(97), as amended, from time to time, not mentioned in this by-law shall continue to apply to the lands described in Schedule A attached to and forming part of this by-law. Section 5 That this By-law shall come into force and take effect pursuant to Section 34(21), 34(30) and 34(31) of the Planning Act, R.S.O., 1990, chapter P.13, as amended. Page57

62 Read a first, second and third time and finally passed by Council this 1 st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page58

63 Schedule A to By-law No PORT ROBINSON ROAD Part 3 HIGHWAY 406 KOTTMEIER ROAD Part 2 Part 1 N MERRITT ROAD LANDS SUBJECT OF AMENDMENT TO COMPREHENSIVE ZONING BY-LAW 2140(97) REZONING THE LAND TO THE FOLLOWING: OPEN SPACE (OS) ZONE TO OPEN SPACE (OS-12) ZONE This Schedule "A" to By-law No passed this 1st day of May, 2018 Page59 Mayor Clerk

64 The Corporation of the City of Thorold By-law No Being a By-law to Dedicate Part 6 and Part 7 on 59R as a Public Highway known as Albert Street West Whereas The Corporation of the City of Thorold has agreed to acquire the lands legally described as Part of Township Lot 17 and Lot 34, Plan 898, City of Thorold, Regional Municipality of Niagara, depicted as Part 6 and Part 7 on 59R-15922, for the purposes of forming part of Albert Street West road allowance. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the land described as Part 6 and Part 7 on 59R is hereby accepted as public highway known as Albert Street West. 2. That all By-laws presently in force with respect to highways and streets shall apply to the said highway created under this By-law. Read a first, second and third time and finally passed by Council this 1 st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page60

65 The Corporation of the City of Thorold By-law No Being a by-law to authorize the execution of a Cost Sharing Agreement with Ontario Inc. regarding Kottmeier Road Whereas at the Council meeting held on May 1, 2018 the Municipal Council of the City of Thorold approved Report PDS authorizing the entry into a Cost Sharing Agreement with Ontario Inc. (the Developer ) regarding improvements to Kottmeier Road; and, Whereas it is deemed desirable to enter into a Cost Sharing Agreement with Ontario Inc.; Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That the Mayor and Clerk are hereby authorized and directed to execute the Cost Sharing Agreement attached to and forming part of this by-law. 2. That in the event minor modifications to the Cost Sharing Agreement are necessary to effect the intent herein, the Clerk of the City of Thorold is hereby authorized to complete same in consultation with the City Solicitor. Read a first, second and third time and finally passed by Council this 1st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page61

66 COST SHARING AGREEMENT BETWEEN: and THE CORPORATION OF THE CITY OF THOROLD (hereinafter referred to as the City ) Ontario Inc. (hereinafter referred to as the Developer ) WHEREAS: The City is the registered owner of the lands described in Schedule A attached hereto (the City Lands ); The Developer is the registered owner of the lands described in Schedule B attached hereto (the Developer Lands ); The City and the Developer have determined that the coordinated improvement to Kottmeier Road is in the best interests of both parties; The City and Developer have agreed that the improvements to Kottmeier Road are required, and cost sharing with respect to servicing costs and governance shall be governed by this agreement (the Agreement ); The City and Developer acknowledge and confirm their mutual intention to implement the terms of this Agreement by applying principles of cooperation and sharing in order to optimize the financial and social benefits which may accrue to each of them and to the Thorold community through the improvement of Kottmeier Road as contemplated by this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sum of Two Dollars ($2.00) of lawful money of Canada now paid by each of the Parties hereto to the other and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the City and the Developer do hereby covenant and agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions For all purposes of this Agreement and any amendments hereto, and any other documents entered into by the Parties in accordance with the provisions hereof, the terms defined in this section shall 1 Page62

67 have the following meanings, unless the context expressly or by implication otherwise requires, namely: Agreement, this Agreement, hereto, hereof, herein, hereby, hereunder and similar expressions mean and refer to this Agreement, all Schedules referred to in this Agreement, all amendments to this Agreement executed in writing by both Parties. Developer means Ontario Inc. Developer Lands means the lands described in Schedule B to this Agreement. Business Day means a day other than a Saturday, Sunday or any other day which is a holiday under section 88 of the Legislation Act, 2006, S.O. 2006, c.21, Sched. F. Cost Sharing Schedule means Schedule D to this Agreement. Council means the Council of the Corporation of the City of Thorold. Development Applications means amendments to the Port Robinson West Secondary Plan, zoning by-law, draft plan of subdivision and site plan applications. Development Agreements means commercial development agreements, subdivision agreements and site plan agreements or any other agreement that a Party is required to enter into with the Region or City as a result of the Development Applications. Event of Default means the occurrence of any of the following events: (a) If any Party fails to make any payment required to be made by this Agreement from time to time within fifteen (15) Business Days after such payment is due; (b) If any Party fails in any material respect to observe, perform, or comply with any agreement, condition or obligation required by this Agreement, and such failure continues for a period which is the shorter of: (i) Fifteen (15) Business Days after notice of such failure and the demand for observance, performance or compliance shall be given by any other Party, or (ii) Such other grace period, if any, as is specifically applicable thereto as set out in this Agreement, provided however, that if the nature of such failure is such that it cannot be rectified or remedied by the payment of money or cannot be rectified or remedied within a period of fifteen (15) Business Days or such shorter grace period as referred to above, if any, as the case may be, such Party shall have such additional time as is necessary as long as the curing of such default is begun promptly and proceeds and continues with due diligence to completion. Party or Parties means the City or the Developer or both of them. 2 Page63

68 Services means the storm sewer, sanitary sewer, water lines, roads, sidewalks, electrical distribution system and street lighting required by the City for the improvement of Kottmeier Road. City means the Corporation of the City of Thorold. City Lands means the lands described in Schedule A to this Agreement. 1.2 Interpretation The Parties agree as follows: (a) The part numbers and headings, subheadings and sections, subsection, clause and paragraph numbers are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. (b) The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. (c) The terms this Agreement, hereof, hereunder and similar expressions refer to this Agreement and not to any particular section or other portion hereof and include any agreement or instrument supplement or ancillary hereto; (d) This Agreement shall be construed with all changes in number and gender as may be required by the context and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and corporations and vice versa; (e) References herein to any statute or any provision thereof include such statute or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto; (f) All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants; (g) Whenever a statement or provision in this Agreement is followed by words denoting inclusion or example and then a list of or reference to specific items, such list or reference shall not be read so as to limit the generality of that statement or provision, even if words such as without limiting the generality of the foregoing do not precede such list or reference; and (h) That all covenants and conditions contained in this Agreement shall be severable, and that should any covenant or condition in this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 1.3 Schedules The following are the Schedules annexed hereto and incorporated by reference and deemed to be a part hereof: 3 Page64

69 Schedule A Schedule B Schedule C Schedule D Legal Description of the City Lands Legal Description of Developer Lands Plan of Portion of Kottmeier Road to be Improved Cost Sharing Estimates- Proportional Share 2. AGREEMENT TERM AND TERMINATION 2.1 Commencement of Agreement The Parties agree that the term of this Agreement shall commence upon its execution by the Parties following the passage of a by-law by City Council authorizing its execution. 2.2 Term of Agreement The Parties agree that this Agreement shall be for a term of _two_ (_2_) years, unless otherwise terminated in accordance with the terms of this Agreement. 2.3 Termination of Agreement The Parties agree as follows: (a) During the term of this Agreement, except in the case of termination due to default, the respective rights and obligations of the Parties under this Agreement may only be terminated by a written consent executed by both Parties. (b) Notwithstanding the termination of this Agreement, the rights and obligations of the Parties for matters undertaken prior to the termination of the Agreement continue until such time as the obligations have been satisfied. 3. DEVELOPMENT APPLICATIONS 3.1 Execution of Pre-Servicing and Subdivision Agreement The Developer agrees to execute a Pre-Servicing and Subdivision Agreement for those lands indicated in Schedule B. The Developer covenants and agrees that the clauses in the Subdivision Agreement will take precedence over clauses in the Pre-Servicing Agreement. 4 Page65

70 4. COST SHARING - SERVICES 4.1 Services The Parties agree that the Services required for the improvement of Kottmeier Road will be those specified in the approvals granted by the City, which are more particularly set out in the executed Pre-Servicing and Subdivision Agreements, and in the approved engineering plans. 4.2 Construction and Installation of Services The Parties agree that the cost of construction and installation of the services shall be apportioned between the Parties in accordance with Schedule D attached hereto. The Parties agree that cost estimates are provided in Schedule D and that any increase in actual costs resulting from the installation and construction of Services must be agreed to by both Parties prior to the Services being installed and constructed. 4.3 Payment of Servicing Contracts The Parties agree that Upper Canada Consultants Ltd. (UCC) shall be appointed as the payment certifier with respect to all contracts for construction or installation of Services. The Parties agree to pay their portion of the cost for construction or installation of Services within Thirty (30) days of receipt of the payment direction from UCC. The Parties agree that failure to pay their portion of the cost for construction or installation of Services when due shall constitute an Event of Default under this Agreement. 5. INSURANCE 5.1 Parties to Maintain Own Insurance Coverage The City and the Developer covenants and agrees to maintain or cause to be maintained such insurance coverage in their respective names in respect of their respective lands and in a form and content as would a prudent owner, acting reasonably. 6. ADMINISTRATION 6.1 Dispute Resolution The Parties agree that: (a) During the performance of their respective obligations under this Agreement, each of them shall make good faith efforts to resolve any disputes by negotiation. If the matter has not been resolved within sixty (60) days of a Party s written request for negotiation either Party may initiate mediation as provided for hereinafter, provided that if there is a summer or election 5 Page66

71 break between meetings of Council that a further reasonable period of time shall be provided to facilitate the resolution of any disputes under this clause. (b) That notwithstanding the time periods provided in Subsection 10.1.(a), if any Party to a dispute requires an arbitration, the Party desiring arbitration before a single arbitrator shall give the other Party notice in writing referring the dispute to arbitration pursuant to the Arbitration Act, 1991, S.O. 1991, c.17. If the Party issuing the notice requiring arbitration and the other Party is unable to agree upon the arbitrator within five (5) days after the delivery of such notice, then the appointment of the arbitrator shall be determined pursuant to the Arbitration Act, 1991; and (c) That the arbitrator s decision shall be final and binding upon them and shall not be subject to any appeal. The arbitrator shall have authority to award costs pursuant to Section 54 of the Arbitration Act, Without in any way limiting the powers of the arbitrator under the Arbitration Act, 1991, the Parties agree that the arbitrator shall have access to the books and records relating to matter in dispute and each of the Parties shall cooperate with the arbitrator and provide all information reasonably requested by the arbitrator. 6.2 Force Majeure If any Party herein is delayed or hindered in or prevented from the performance of its obligations hereunder or from compliance with any of its covenants hereunder by reason of Force Majeure, then the performance of the act or obligation or compliance with a covenant of such Party shall be excused for the period of such delay and the period for the performance of the act or obligation or compliance with the covenant shall be deemed extended for an equivalent period. 6.3 Scope of the Agreement This Agreement shall not, nor shall anything in this Agreement, be construed to, constitute or create a partnership, joint venture, or agency relationship between the Parties hereto. The Parties agree that nay obligation or liability agreed to, undertaken by, imposed on, or incurred by any Party in this Agreement shall, unless otherwise noted herein, be the sole responsibility, and at the sole cost, of that Party. 6.4 Notice All notices required or permitted to be given by one Party to the other shall be given in writing and shall be considered to have been validly given when delivered by hand, or deposited for mailing by Canada Post, registered mail service, to the address of the Party to whom such notice is directed (as set out below), or sent by facsimile transmission or to the Party to whom such notice is directed as follows: (a) To the City: The Corporation of the City of Thorold P.O. Box 1044, 3540 Schmon Parkway Thorold, ON L2V 4A7 Attention: Clerk 6 Page67

72 Facsimile: (b) To Developer: Ontario Inc Kalar Road Niagara Falls ON L2E 6S5 Attention: Charles Lovrics & Dan Guizzetti Facsimile: & or such other address, fax number or address of which either Party has notified the other, in writing, and such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this agreement Other Applicable Laws Nothing in this Agreement shall relieve Developer from compliance with all applicable municipal bylaws, laws, regulations, notices or other policies or laws and/or regulations established by any other governmental body that may have jurisdiction Registration of Agreement The Parties hereby consent to the registration of this Agreement or a notice of it against the title to Developer Lands and the City Lands Postponement and Subordination Developer covenants and agrees, at its own expense, to obtain and register such documentation from its mortgagees/charges or encumbrancers as may be deemed necessary by the City to postpone and subordinate their interests in Developer lands and premises to the interest of the City to the extent that this Agreement shall take effect and have priority as if it had been executed and registered prior to the execution and registration of the document or documents giving to the mortgagee/charge and/or encumbrancers their interest in Developer lands and premises Default If an Event of Default has occurred and is continuing in respect of a Party, and the curing of such default has not begun promptly and has not proceeded with due diligence to completion as provided by this Agreement, the other Party shall have the right, in addition to any other right to remedy available at law, to: (a) bring any proceedings in the nature of specific performance, injunction or other equitable remedy, it being acknowledged by each of the Parties hereto that damages at law may be an inadequate remedy for a default or breach of this Agreement; 7 Page68

73 (b) remedy such Event of Default and be entitled upon demand to be reimbursed by the Party in default (and to bring any legal proceedings for the recovery thereof) for any monies expended to remedy any such default and any other expenses (including legal fees on a solicitor and client basis) incurred by such Party together with interest at the prime rate established by The Toronto-Dominion Bank from time to time as its reference rate of interest for determining the interest rate charged to its customers for commercial loans in Canada; (c) bring any proceeding at law as may be permitted in order to recover damages; (d) bring any proceeding at law as may be permitted in order to terminate this Agreement; 10.9 Separate and Non-Cumulative Rights The rights available to the Parties under this Agreement, under any other agreement between the Parties and at law, shall be deemed to be separate and not dependent on each other and each such right accordingly shall be construed as complete in itself and not by reference to any exercised by the Parties from time to time and no such exercise shall exhaust the rights or preclude the Parties from exercising any one or more such rights or combination thereof from time to time thereafter or simultaneously No Waiver The failure of either Party to require performance by the other Party of any obligation under this Agreement at any time in no way affects its right thereafter to enforce such obligation, nor shall any such failure be taken or held to be a waiver of the performance of same or any other obligation under this Agreement at any later time Further Assurances Each Party hereto shall, at all times and from time to time hereafter, and upon any reasonable written request by the other Party, make, execute, deliver or cause to be made, done, executed and delivered, all such further acts, deeds, assurances and things as may be required for more effectively implementing and carrying out the true intent and meaning of this Agreement Non-Assignment This Agreement may not be assigned by either Party without the express written consent of the other Party, which consent may be arbitrarily withheld Council s Discretion to Remain Unfettered Notwithstanding any other provision of this Agreement, the Parties hereto acknowledge and agree that none of the provisions of this Agreement shall have the effect of operating in any way to fetter the 8 Page69

74 exercise by the Council of any of its discretionary powers, duties or authorities. Developer acknowledges that it will not obtain any advantageous planning or other consideration or treatment by virtue of its having entered into this Agreement or by virtue of the existence of this Agreement No Challenge to Agreement The Parties covenant and agree with each other not to call into question or challenge, directly or indirectly, in any proceeding or action in court, or before any administrative tribunal, the Party s right to enter into and enforce this Agreement. The law of contract applies to this Agreement and the Parties are entitled to all remedies arising from it. The Parties agree that adequate consideration has flowed from each Party to the other. This provision may be pleaded by either Party in any action or proceeding as estoppel of any denial of such right Governing Law In all respects this Agreement shall be interpreted and governed in accordance with the laws of the Province of Ontario Successors and Assigns All of the provisions of this Agreement shall run with each Party s lands and shall ensure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns, but only to the extent that such successors and permitted assigns are successors and assigns in compliance with this Agreement. 9 Page70

75 IN WITNESS WHEREOF the said Parties have hereunto set their respective corporate seals under the hands of their duly authorized officers. ) ) THE CORPORATION OF THE CITY OF THOROLD ) ) ) Per: ) Ted (A.T.) Luciani, Mayor ) ) ) Per: ) Donna Delvecchio, City Clerk ) We have authority to bind the Corporation ) ) Date: ) ) ) ONTARIO INC. ) ) ) Per: ) ) Date: ) I have authority to bind the Corporation ) ) ) Per: ) ) Date: ) I have authority to bind the Corporation 10 Page71

76 SCHEDULE A Legal Description of the City Lands Kottmeier Road (Parcel Between Port Robinson Road and Merritt Road) 11 Page72

77 SCHEDULE B Legal Description of the Developer Lands (LT) Firstly; Part Twp Lot 216 Thorold Parts 1 & 2, 59R-15824; Secondly; Part Twp Lots 216 & 217 Thorold Part 1, 59R-15817; City of Thorold 12 Page73

78 SCHEDULE C Plan of Portion of Kottmeier Road to be Improved 13 Page74

79 SCHEDULE D Cost Sharing Estimates- Proportional Share 14 Page75

80 The Corporation of the City of Thorold By-law No A by-law to confirm the proceedings of Council of The Corporation of the City of Thorold at its Regular Council and General Committee meetings of May 1, 2018 Whereas Section 5(1) of the Municipal Act, 2001, provides the powers of a municipality shall be exercised by its Council; And whereas Section 5(3) of the Municipal Act, 2001, provides that a municipal power, including a municipality s capacity rights, powers and privileges under Section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; And whereas it is deemed expedient that the proceedings of the Council of The Corporation of the City of Thorold be confirmed and adopted by by-law. Now therefore, the Council of The Corporation of the City of Thorold enacts as follows: 1. That every action of the Council of The Corporation of the City of Thorold taken at its Regular Council and General Committee meetings of May 1, 2018 upon which a vote was taken and passed or whether a resolution or recommendation is hereby enacted as a by-law of the City to take effect upon the passing hereof. 2. That the Mayor and Clerk are authorized to execute any documents required on behalf of the City and affix the corporate seal of the City and the Mayor and Clerk, and such other persons as the action directs, are authorized and directed to take the necessary steps to implement the action. Read a first, second and third time and finally passed by Council this 1st day of May, A. T. (Ted) Luciani, Mayor Donna Delvecchio, City Clerk Page76

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