town of grimsby council agenda · • cheque presentation - niagara power inc. 10. new business 11....

58
TOWN OF GRIMSBY Council Agenda Monday, June 18, 2018 7:00 p.m. Town Hall Council Chambers, 160 Livingston Avenue Page 1. Call to Order 2. Disclosure of Interest 3. Adoption of Previous Council Minutes 4 - 8 a) Council, June 4, 2018 4. Approval of Committee Minutes 9 - 11 a) Administration & Finance, June 11, 2018 12 - 16 b) Planning & Development, June 12, 2018 17 - 19 c) Public Works, June 13, 2018 5. Memorandum 20 - 24 a) Memorandum from Town Manager Class A Development Charges Deferral Program 6. Resolutions a) Council meeting start time for the months of July, August and September 2018 Page 1 of 58

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Page 1: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

TOWN OF GRIMSBY

Council Agenda

Monday, June 18, 2018

7:00 p.m.

Town Hall Council Chambers,

160 Livingston Avenue

Page

1. Call to Order

2. Disclosure of Interest

3. Adoption of Previous Council Minutes

4 - 8 a) Council, June 4, 2018

4. Approval of Committee Minutes

9 - 11 a) Administration & Finance, June 11, 2018

12 - 16 b) Planning & Development, June 12, 2018

17 - 19 c) Public Works, June 13, 2018

5. Memorandum

20 - 24 a) Memorandum from Town Manager

• Class A Development Charges Deferral Program

6. Resolutions

a) Council meeting start time for the months of July, August and

September 2018

Page 1 of 58

Page 2: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

Council Agenda June 18, 2018

Page

7. Correspondence

25 - 29 a) Committee of Adjustment, June 12, 2018

8. By-laws

30 - 32 a) 18-39

To amend By-law 16-73; being a By-law to establish

Development Charges for the Town of Grimsby

33 - 34 b) 18-40

To amend By-law 18-28 being a By-law to adopt taxation rates

set by the Regional Municipality of Niagara and to levy taxes and

adopt the estimates of all sums required for the year 2018

35 c) 18-41

To authorize an Agreement between ERA Architects Inc. and the

Corporation of the Town of Grimsby for required repairs as per

Property Standards Order - 133 Main Street East

36 d) 18-42

To authorize the execution of a Downtown Grimsby Façade

Improvement Grant Agreement with Tim Delong at 18 Elizabeth

Street

37 e) 18-43

To authorize a Condominium Assumption Agreement between

LJM Developments, the Corporation of the Town of Grimsby and

The Condominium Corporation for Block 2, Plan 30M-412 in the

Town of Grimsby

38 - 57 f) 18-44

To authorize an Agreement between the Association of

Municipalities of Ontario and the Corporation of the Town of

Grimsby for the Main Streets Revitalization Fund

Page 2 of 58

Page 3: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

Council Agenda June 18, 2018

Page

58 g) 18-45

To authorize an Agreement between the Norjohn Contracting and

Paving Limited and the Corporation of the Town of Grimsby for

the award of contact for 2018 Cold Mix and Surface Treatment

Paving Program

9. Presentations

a) Remy Fernandes, Chief Executive Officer, Grimsby Power Inc.

• Cheque presentation - Niagara Power Inc.

10. New Business

11. Next Meeting

a) The next Council meeting is scheduled Monday, July 16, 2018 at

6:30 p.m. in the Town Hall Council Chambers, 160 Livingston

Avenue, Grimsby.

12. By-laws

a) 18-46

To confirm the proceedings of the Council meeting of June 18,

2018

13. Adjournment

If you require any accommodations for a disability in order to

attend or participate in meetings or events, please contact the

Accessibility Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 3 of 58

Page 4: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

The Corporation of the Town of Grimsby

Council Meeting Minutes

Town Hall Council Chambers

160 Livingston Avenue

June 4, 2018

Present:

Mayor R. N. Bentley

Alderman N.A. DiFlavio

Alderman J.L Johnston

Alderman D. Kadwell

Alderman C.I. Mullins

Alderman M. Seaborn

Alderman D.B. Wilson

Town Manager, D. Brandt

Town Clerk, H. Soady-Easton

Absent: Alderman S.D. Berry

Alderman J. Dunstall

1. Call to Order

a) The Mayor called the meeting to order at 7:01 p.m.

2. Disclosure of Interest

a) There were no disclosures of interest.

3. Adoption of Previous Council Minutes

a) Council, May 22, 2018 C-18-103

Moved by Alderman Wilson; Seconded by Alderman Seaborn;

Resolved that the May 22, 2018 Council meeting minutes be

approved.

CARRIED

Agenda item a)

Page 4 of 58

Page 5: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

Council June 4, 2018

4. Approval of Committee Minutes

a) Recreation Services, May 29, 2018 C-18-104

Moved by Alderman Wilson; Seconded by Alderman Seaborn;

Resolved that the Recreation Services Committee meeting minutes

of May 29, 2018 be received and that the recommendations

contained therein be approved.

CARRIED

b) Planning & Development, May 29, 2018 C-18-105

Moved by Alderman Seaborn; Seconded by Alderman Wilson;

Resolved that the Planning & Development Committee meeting

minutes of May 29, 2018 be received and that the recommendations

contained therein be approved.

CARRIED

5. Resolutions

a) Distribution of Hydro Funds

• FORT C-18-106

Moved by Alderman Seaborn; Seconded by Alderman Wilson;

Resolved that authorization be provided for the distribution of funds

from Niagara Power Inc. Hydro Shareholders Representative

Account in lieu of Shareholder representative remuneration:

• FORT - $1400.

CARRIED

6. Correspondence

a) Niagara Gateway Information Centre (Welcome Centre) - GEDAC

Kiosk Booth Rental C-18-107

Moved by Alderman Kadwell; Seconded by Alderman Seaborn;

Resolved that the correspondence regarding the recommendation

from GEDAC with reference to the Kiosk Booth Rental at the

Niagara Gateway Information Centre be received.

CARRIED

Page 2 of 5 Agenda item a)

Page 5 of 58

Page 6: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

Council June 4, 2018

b) City of Port Colborne

• Niagara Central Dorothy Rungeling Airport C-18-108

Moved by Alderman DiFlavio; Seconded by Alderman Seaborn;

Resolved that the Resolutions from Other Municipalities be

received.

CARRIED

c) The Brandee Elliott Foundation

• Request to declare June 7, 2018 as Good Citizenship Day C-18-109

Moved by Alderman Mullins; Seconded by Alderman Kadwell;

Resolved that the correspondence from the Brandee Elliott

Foundation with reference to a request to declare June 7, 2018 as

Good Citizenship Day be received and approved.

CARRIED

7. By-laws

a) 18-37

To authorize an Agreement between the Corporation of the Town of

Grimsby and Hurricane SMS Inc. for 2018 Sanitary Sewer Flushing

and CCTV Inspection

b) 18-38

To confirm the proceedings of the Council meeting of June 4, 2018 C-18-110

Moved by Alderman Mullins; Seconded by Alderman Kadwell;

Resolved that leave be given to introduce By-law Nos. 18-37 and

18-38 inclusive and that same be read a first time.

CARRIED

C-18-111

Moved by Alderman Mullins; Seconded by Alderman Kadwell;

Resolved that leave be given to introduce By-law Nos. 18-37 and

18-38 inclusive read a first time be now read a second and third time

and finally passed; and that the Mayor and Town Clerk do sign and

seal the same; any rule of Council to the contrary notwithstanding.

CARRIED

Page 3 of 5 Agenda item a)

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Council June 4, 2018

8. New Business

a) Alderman DiFlavio:

• Thanked participants, volunteers, chaperons, donators and in

particular the 300+ students that participated in the Rankin

Relay for Life at Blessed Trinity School. The event raised

$52,000 that will remain in Niagara Region.

Alderman Mullins:

• Was honoured to help raise the rainbow flag with the Niagara

Pride Organization to celebrate Pride Week and the LGBT

community from June 2 to 9.

Mayor Bentley:

• Attended the Federation of Canadian Municipalities (FCM)

conference in Halifax where Prime Minister Trudeau,

Jagmeet Singh, Elizabeth May were present. The theme of the

conference was how the feds are committing to providing

funds for infrastructure. The federal representatives were

advised of the hoops local municipalities (LAM) must jump

through to get funds. Many times they are approved by the

federal government and denied by the provincial government.

It would be much better if the funds came directly to the

LAMs. The feds will work with AMO to ensure the grants are

relevant. They will try to ensure that the grants are distributed

as intended.

9. Next Meeting

a) The next Council meeting is scheduled for Monday, June 18, 2018

at 7:00 p.m. in the Town Hall Council Chambers, 160 Livingston

Avenue, Grimsby.

10. Adjournment

a) The meeting adjourned at 8:07 p.m.

______________________ ________________________

R.N. Bentley, Mayor H. Soady-Easton, Town Clerk

Page 4 of 5 Agenda item a)

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Council June 4, 2018

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 5 of 5 Agenda item a)

Page 8 of 58

Page 9: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

The Corporation of the Town of Grimsby

Administration & Finance Committee Meeting Minutes

Town Hall Council Chambers

160 Livingston Avenue

June 11, 2018

Present:

Alderman C.I. Mullins, Chair

Alderman S.D. Berry

Alderman J. Dunstall

Alderman D. Kadwell

Mayor R.N. Bentley

Staff: Town Manager, D. Brandt

Director of Finance & Treasurer, S.D. Gruninger

Assistant Director of Finance & Deputy Treasurer, K. Hannah

1. Call to Order

a) The Chair called the meeting to order at 3:30 p.m.

2. Disclosure of Interest

a) There were no disclosures of interest.

3. Reports

a) FIN 18-16

Amendment to 2018 DIA Rates AF-18-34

Moved by Alderman Berry; Seconded by Alderman Dunstall;

Resolved that Report FIN 18-16 be received and that the

Administration & Finance Committee recommends to Town

Council:

1. That Reports FIN 18-16 regarding an Amendment to the 2018

rates be received; and,

2. That By-law 18-28 be amended to reflect changes to Schedule

F - Downtown Improvement Area rates.

CARRIED

Agenda item a)

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Administration & Finance Committee June 11, 2018

b) FIN 18-17

FCM Municipal Asset Management Program Grant AF-18-35

Moved by Alderman Berry; Seconded by Alderman Dunstall;

The Administration & Finance Committee recommends to Town

Council:

1. That Report FIN 18-17 regarding FCM Municipal Asset

Management Program Grant be received; and

2. That Council direct staff to apply for a grant opportunity from

the Federation of Canadian Municipalities' Municipal Asset

Management Program for the Town of Grimsby's Strategic

Asset Management Plan; and

3. That the Corporation of the Town of Grimsby commits to

conducting the following activities in its proposed project

submitted to the Federation of Canadian Municipalities'

Municipal Asset Management Program to advance our asset

management program:

• Strategic Asset Management Plan

• Implementation Plan

• Levels of Service Framework

4. That the Corporation of the Town of Grimsby commits up to

$27,375 from the Town's Gas Tax reserve fund toward the

cost of this initiative.

CARRIED

c) FIN 18-18

Main Street Revitalization Fund Initiative AF-18-36

Moved by Alderman Kadwell; Seconded by Alderman Dunstall;

Resolved that the Administration & Finance Committee

recommends to Town Council:

1. That Report FIN 18-18 regarding the Main Street

Revitalization Fund Initiative be received; and,

Page 2 of 3 Agenda item a)

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Administration & Finance Committee June 11, 2018

2. That a by-law be approved authorizing the Mayor and Clerk

to execute the Municipal Funding Agreement.

CARRIED

d) TM 18-03

Class A Office Deferral Program - Development Charges AF-18-37

Moved by Alderman Dunstall; Seconded by Alderman Kadwell;

Resolved that the Committee directs staff to present to Council an

amendment to the Town's Development Charges By-law to add a

Class A Office Deferral Program as outlined in this Report and

discussed by the Committee.

CARRIED

4. New Business

a) • update on hirings

• Records Management

• OMB appeal: parkland value

• MPAC and zoning vs use of property for taxes

5. Next Meeting

a) The next Administration & Finance Committee meeting is

scheduled for Monday, July 9, 2018 at 3:30 p.m. in the Town Hall

Escarpment Room, 160 Livingston Avenue, Grimsby.

6. Adjournment

a) The meeting adjourned at 4:25 p.m.

____________________ ______________________

C. I. Mullins, Chair D. Brandt, Town Manager

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 3 of 3 Agenda item a)

Page 11 of 58

Page 12: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

The Corporation of the Town of Grimsby

Planning & Development Committee Meeting Minutes

Town Hall Council Chambers

160 Livingston Avenue

June 12, 2018

Present:

Regrets:

Alderman N. DiFlavio, Chair

Alderman D. Wilson

Alderman M. Seaborn

Alderman J. Johnston

Member J. Gillespie

Member K. Agnew

Member D. Finch

Mayor R.N. Bentley

Staff: M. Seaman, Director of Planning, W. Basic, Deputy Director of

Planning, J. Hogg, Senior Planner & N. Simon, Zoning

Clerk/Administrative Assistant

1. Call to Order

a) The meeting was called to order at 7:00 p.m.

2. Disclosure of Interest

a) There were no disclosures of pecuniary interest.

3. Reports

a) P.A. 18-13 - Application for Draft Plan of Condominium - 107 Main

Street East

Ms. Hogg gave background information on the subject lands. PD-18-39

Moved by Ald. D. Wilson; Seconded by Ald. J. Johnston;

Agenda item b)

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Planning & Development Committee June 12, 2018

Resolved that Report P.A. 18-13, regarding an application for Draft

Plan of Standard Condominium approval by Schuit Homes at 107

Main Street East be received and that:

a) the plan of standard condominium, be draft approved subject to

the conditions in Appendix "A" to this report; and

b) a by-law be passed that authorizes the Mayor and Town Clerk to

sign the agreement on the Town's behalf.

CARRIED

b) P.A. 18-15 - 18 Elizabeth Street - Application Façade Improvement

Grant

Ms. Hogg noted that the proposal was for a sign. The total cost is

$3,015.00 and the Town and Region would be contributing $750.00

each. The Committee had a general discussion about the

inclusion/criteria for signs in the Façade Program. PD-18-40

Moved by Ald. J. Johnston; Seconded by Ald. D. Wilson;

Resolved that Report P.A. 18-15 regarding the recommendation that

the Town of Grimsby enter into a Downtown Façade Improvement

Grant with Tim DeLong at 18 Elizabeth Street, be received;

And that the Façade Improvement Grant for 18 Elizabeth Street be

approved subject to the following conditions:

1. The owner of 18 Elizabeth Street is to enter into a Downtown

Facade Improvement Grant Agreement with the Town;

And that the associated by-law authorizing the execution of a

Downtown Façade Improvement Grant be forwarded to Council for

approval.

CARRIED

PD-18-41

Moved by Ald. J. Johnston; Seconded by Ald. D. Wilson

Resolved that staff be requested to bring forward an update to the

Town sign by-law as it relates to downtown Grimsby, to establish a

special sign district where the by-law would conform with the intent

of the Urban Design Guidelines for Downtown Grimsby.

CARRIED

c) P.A. 18-16 - 400 Main Street West, Demolition Request

Ms. Hogg gave background information on the request. She noted

that when the property was included on the Town’s registry of

Page 2 of 5 Agenda item b)

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Planning & Development Committee June 12, 2018

heritage properties it was because of the historical significance of the

house and barn. The property owner now wants to demolish a

chicken coop which has no significance. PD-18-42

Moved by Ald. D. Wilson; Seconded by Member K. Agnew ;

Resolved that Report P.A. 18-16 regarding the application for

demolition permit for an accessory building at 400 Main Street West

be received;

And that the Planning & Development Committee recommends that

Council pass a resolution to allow for the demolition of the subject

accessory building prior to the closing of the 60 day notice period

required under the Ontario Heritage Act;

And that the building be documented with photographic recording

prior to demolition to the satisfaction of the Director of Planning.

CARRIED

d) Report P.A. 18-17 - 560 North Service Road, Draft Plan of Standard

Condominium

Mr. Basic presented the proposal for a draft plan of standard

condominium. PD-18-43

Moved by Member D. Finch; Seconded by Member K. Agnew;

Resolved that Report P.A. 18-17, regarding an application for Draft

Plan of Standard Condominium approval by LJM Developments at

560 North Service Road be received and that:

a. The plan of standard condominium, be draft approved subject

to the conditions in Appendix “A” to this report; and

b. A By-law be passed that authorizes the Mayor and Town Clerk

to sign the condominium assumption agreement on the Town’s

behalf.

CARRIED

4. Closed Session

a) Closed Session Under Section 239 (e) litigation or potential litigation,

including matters before administrative tribunals affecting the

municipality or local board - LPAT Appeal Park Dedication

Page 3 of 5 Agenda item b)

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Planning & Development Committee June 12, 2018

PD-18-44

Moved by Member J. Gillespie ; Seconded by Member M. Seaborn;

Resolved that the Planning & Development Committee go into

Closed Session Under Section 239 (e) litigation or potential litigation,

including matters before administrative tribunals affecting the

municipality or local board - LPAT Appeal Park Dedication

CARRIED

5. Open Session

a) Return to Open Session PD-18-45

Moved by Ald. M. Seaborn; Seconded by Member J. Gillespie;

Resolved that the Planning & Development Committee return to

Open Session.

CARRIED

PD-18-46

Resolved that the Planning & Development Committee receive as

information the update on the LPAT appeal regarding Park

Dedication fees.

6. New Business

Member Gillespie suggested that Committee Members take some time

prior to the next meeting to analyze population targets for the Town of

Grimsby.

7. Minutes

a) Grimsby Heritage Meeting Minutes June PD-18-47

Moved by Ald. M. Seaborn; Seconded by Member J. Gillespie;

Resolved that the minutes of the Grimsby Heritage Advisory

Committee meeting of June 5, 2018 be received as information.

CARRIED

PD-18-48

Moved by Member J.D. Finch; Seconded by Member K. Agnew

Resolved that Resolution GH-18-16 of the Grimsby Heritage

Advisory Committee minutes of June 5th, 2018 be endorsed and that

Page 4 of 5 Agenda item b)

Page 15 of 58

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Planning & Development Committee June 12, 2018

the list of properties included in the June 5th, 2018 staff

memorandum regarding the proposed additions to the Heritage

Register be listed on the Town of Grimsby Municipal Heritage

Register.

CARRIED

8. Adjournment

There being no further business the meeting adjourned at 8:15 p.m. The

next meeting is scheduled for June 19, 2018.

Ald. N. DiFlavio, Chair M. Seaman, Director of Planning

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 5 of 5 Agenda item b)

Page 16 of 58

Page 17: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

The Corporation of the Town of Grimsby

Public Works Meeting Minutes

Town Hall Lakeside Room

160 Livingston Avenue

June 13, 2018

Present:

Alderman S. Berry, Chair

Alderman D. Kadwell

Alderman J. Dunstall

Alderman N. DiFlavio

Mayor R.N. Bentley

Staff: Assistant Director of Public Works, B. Wartman

EHS Compliance Manager, T. Hodgson

1. Call to Order

The Public Works meeting was called to order at 4:30 p.m.

2. Disclosure of Interest

None declared.

3. Reports

a) Award of Contract PWC18-02-320003 - 2018 Cold Mix and Surface

Treatment Paving Program PW18-32

Moved by Ald. D. Kadwell; Seconded by Ald. J. Dunstall;

Resolved that Report DPW18-24 dated June 5, 2018 regarding the

Award of Contract PWC18-02-320003 2018 Cold Mix and Surface

Treatment Paving Program be received and that the Director of Public

Works be authorized to award the contract to the low bidder, Norjohn

Contracting and Paving Limited in the total tendered amount of

Agenda item c)

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Public Works Committee June 13, 2018

$193,600.00 (excluding HST), and that the Mayor and Town Clerk

be authorized to execute the contract documents.

CARRIED

b) Award for the Strategic Asset Management Plan PW18-33

Moved by Ald. J. Dunstall; Seconded by Ald. D. Kadwell;

Resolved that Report DPW18-25 dated June 11, 2018, regarding

Award of Project FIN 2018-01, Strategic Asset Management Plan, be

received; and that the proposal from GM BluePlan Engineering

Limited in the amount of $41,890 (HST not included), for the services

of creating a Strategic Asset Management Plan, Implementation Plan,

and Levels of Service Framework, be approved.

CARRIED

c) 2018 Annual Drinking Water QMS Operational Plan Endorsement PW18-34

Moved by Ald. D. Kadwell; Seconded by Ald. J. Dunstall;

Resolved that Report DPW18-26 dated June 7, 2018 regarding the

2018 Annual Drinking Water QMS Operational Plan Endorsement be

received and that:

• Council endorse the current revision of the Drinking Water

QMS Operational Plan, dated June 13 2018;

• The Mayor be authorized to sign the current revision of the

Drinking Water QMS Operational Plan; and

• Council re-endorse the existing Drinking Water QMS Policy

statement.

CARRIED

d) Designation of the Overall Responsible Operator for the Grimsby

Water Distribution System. PW18-35

Moved by Mayor R.N. Bentley; Seconded by Ald. D. Kadwell;

Resolved that Report DPW18-27 dated June 7, 2018 regarding the

Designation of the Overall Responsible Operator for the Grimsby

Water Distribution System be received and that Council approve the

designation of the Environmental Services Supervisor as the Overall

Responsible Operator for the Grimsby Water Distribution System.

CARRIED

Page 2 of 3 Agenda item c)

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Public Works Committee June 13, 2018

4. New Business

a) The Assistant Director provided an update to Committee with respect

to the schedule for restoration works on the 2017, 2019 and 2021

Watermain Projects. An update will be posted to the website.

b) The Assistant Director provided an update to the Committee on the

Operations Centre Expansion Project.

5. Next Meeting

The next scheduled Public Works Committee Meeting will be held

Wednesday, July 11, 2018 at 4:30 p.m. in the Town Hall Offices, Lakeside

Room.

6. Adjournment

The Public Works meeting was adjourned.

Alderman S. Berry, Chair B. Wartman, Assistant Director of Public Works

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 3 of 3 Agenda item c)

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d*+nryTO:

FM:

RE:

DT:

TOWN MANAGERMEMORANDUM

Mayor Bentley and Members of Council

Derik Brandt, Town Manager

Class A Development Charges Deferral Program

14 June 2018

Staff made some changes to the draft by-law presented to the Administration & FinanceCommittee. Some of the changes were similar to housekeeping changes while others weremore significant changes directed through feedback from the Committee. All of the changes arenoted in the attached draft by-law and the changes directed through feedback are explainedbelow.

Section 3.15 was added to make it clear that Council may still turn down an application thatmeets all of the criteria provided that Council believes it is not in the best interest of either theTown or the community to approve the application.

Section 3.18.1 was added in order to provide for a fee for a six month extension. Unlike the$500 fee tied to the original application, this fee is required whether the six month extension isprovided or not.

Section 3.19 was added in order to allow for the waiving of interest charges. When staffconducts its analysis of deferral requests it shall place developments in two separatecategories.

The first category are developments for which there will be little to no immediate costs requiredbecause of increased needs for services arising from the development. Also included in thiscategory will be developments for which there will be significant immediate costs requiredbecause of increased needs for services but the Town will be able to cover such costs throughinternal borrowing for at least the length of the deferral. For these developments staff willgenerally recommend that the interest charged during the length of the deferral be waived if,

when due, the development charges are paid on time. A provision for this waiving will beincluded in the Development Charges DeferralAgreement.

The second category are developments for which there will be significant immediate costsrequired because of increased needs for services and such costs cannot be covered throughinternal borrowing. For these developments staff will generally recommend that interest becharged during the length of the deferral and that this interest charge not be waived.

The interest charged will be determined by Council. However, staff will recommend a rate at theapproximate borrowing costs that the Town would be charged for such an amount of money forapproximately two years.

lf the development were 5000 square meters there would be an opportunity cost of forgoneinterest totaling between $6,417 to $8,556 per year.

Agenda item a)

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The Corporation of the Town of Grimsby

By-Law No. 1 8-39 '<DRAFT{€

A By-law to amend By-law 16-73, a By-law to establish Development Charges forthe Town of Grimsby

'Whereas Section 27 of the Development Charges Act, 1997, S.O. 1997 provides thatamunicipality may enter into an agreement to provide for a deferral of the developmentcharge.

Now therefore the Council of the Corporation of the Town of Grimsby enacts as follows:

1 . That By-Law No. 1 6-73 be amended by adding the following after Section 3. 12

and that such amendment shall immediately come into force and effect:

Class A Office Deferral Program3.13 The Town may offer a deferral for the payment of development charges for Class

A Office developments.3.14 Eligibility criteria:

3.14.1 Applications must be approved by Council prior to the issuance of the

main building permit.

3.14.2 Following approval by Council the Applicant must pay an administrationfee which shall be $500 unless otherwise specified in By-law 18-20 (the

Town's Consolidated Fee and Charges By-law). Upon the joint approvalof the Town Manager and Director of Finance, where the costs to prepare

and administer the deferral agreement will exceed the above

administration fee the Town may charge an additional amount to coversuch costs and the Applicant must pay this additional charge.

3.14.3 The property must not be in tax arrears and there cannot be any

outstanding orders on the property from the Town.3.14.4 The building must either be in the Town's Employment Area as

determined by its Official Plan or, if outside of this atea, the developmentmust either provide significant and unique community benefits or the

development must provide an important strategic economic advantage tothe community, as determined at the sole discretion of the Town, and in alocation approved by the Director of Planning.

Agenda item a)

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2

3.14.5 The deferral must be recommended by Town Staff after they have

conducted an analysis of the request.

3.14.6 The building must be a Class A Office building as determined by the

Director of Planning who shall use the following as a guide:

3.14.6.1 New office building with a distinctive design, attractive look,superior exterior finishes on the curtain wall, superior interiorquality finishes in the main lobby and common areas, four stories

or more and at least 5000 square meters of leasable/sellable officearea.

3.14.7 Applicants must enter into an agreement with the Town.3.15 Council may refuse to approve an lication that meets all of the elisibilitv

criteria if it believes it is not in the interest of either the Town or the

communitv.

WTheapp1icationtodeferthepaymentofdevelopmentchargessha11beonaform supplied and approved by the Director of Finance.

WPaymentofdevelopmentchargeswi11bedeferredtowhicheverisear1ier:WEightmonthsfo11owingtheissuanceofanoccupancypermitfora

building for which development charges are being deferred, in whole or inpart; or,

M3=11224 months following the issuance of a main building permit for abuilding for which the development charges are being deferred, in wholeor in part.

3.18 One additional deferral of payment for up to six months may be given by the

Town at its sole discretion.M3.18.14n administration fee of $ 1000 shall be oaid orior to an additional

deferral of six months soins into effect unless otherwise snect fied in Rv-

law 18-20 (the Town's Consolidated Fee and Charses Bv-law). Uoon the

ioint aooroval of the Town and Director of Finance. where the

to and administeradministration fee the Town

and the must this additionalthe additional deferral going into effect.

3.I9 Interest on deferred development charges shall be at arate aooroved bv Council.However. the Develooment Charees Asreement mav orovide for the

waivins of anv interest if. when due" develooment charses are oaid on time.

Agenda item a)

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@WIntheeventthedeferreddeve1opmentchargesbecomepayableandremain

unpaid, in whole or in part, or, on their due date remain unpaid, then, by entering

into an agreement to defer payment of development charges, the Applicantexplicitly agrees that in addition to any other remedy available to the Town at law

the amount of unpaid development us all accrued in shall be

added to the tax roll(s) related to the property in a manner deemed appropriate by

the Town and collected in the same manner as taxes, including that the applicable

interest rate that shall apply shall be the rate the Town charges for unpaid taxes.

#9Al The Applicant agrees that the Development Charges Deferral Agreement

may be terminated by the Town Manager, at his or her sole discretion, if abuilding permit for the proposed development is not applied for within twomonths of the Town signing the Development Charges Deferral Agreement.

WThe Applicant agrees that the Town has the right to terminate the

Development Charges Deferral Agreement, teminafesand the deferred

development charges" including interest. will therefore become due and payable infull, in the event of any default or breach of the Agreement by the Applicant, withor without notice to the Applicant from the Town.

#3.23 otwithstanding anything in this by-law or the Development Charges

Deferral Agreement, the following shall be considered a default or breach of the

agreement:

WWhereamortgage,charge,lien,executionorotherencumbranceaffecting the property becomes enforceable against the property; or,

W\lhere the owner of the property becomes bankrupt, whether voluntary orinvoluntary, or becomes insolvent or a receiver/manager is appointed withrespect to the property; or,

3.23.2

WIftheconstructionofthebuildingdeviatesfromwhattheDirectorofPlanning used to determine the building would be a Class A Officebuilding and the Director of Planniî5, athis/her sole discretion, then no

longer agrees that the building will be Class A Office building; or,

WUponthesaleofthepropertyunlesstheTownagreeSinwriting,priorto the sale, to assign the Development Charges Deferral Agreement to the

new owner. rtny atterrFt te assign this agreement wit*reut the written

Agenda item a)

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4

3.24 Anv attempt to assisn this asreement without the written aDDroval of the Town isvoid.

3.25 If there are mixed uses in the building that include uses other than office then onlythe development charges related to the office space will be deferred unless staffrecommend that the additional uses ancillarv to the office use and that the

develooment charses for this area should also be included in the deferral.

3.26 Development charges may be deferred in whole or in oart.

3.27 Council frãy, at its sole discretion, consider applications that do not meet alleligibility criteria.

æZ-nppncations for this pDecember 202I.

Agenda item a)

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The Corporation of the Town of Grimsby

Committee of Adjustment Meeting Minutes

Town Hall Council Chambers

160 Livingston Avenue

June 12, 2018

Present: H. Nobes, Chairperson

N. Andreychuk

R. Bennett

P. Settimi

Staff: J.R. Schonewille, Secretary/Treasurer

C. Hickson, Assistant Secretary/Treasurer

1. Call to Order

The meeting was called to order at 7:00 p.m., Tuesday June 12, 2018 in the

Lakeside Room.

2. Disclosure of Interest

The Chairperson outlined the procedures of the Committee for all in

attendance and asked if any members had any disclosure of interest.

a) None noted

3. Minutes

a) Minutes of the Committee of Adjustment Meeting April 3, 2018. CA-18-19

Moved by P. Settimi; Seconded by H. Nobes;

Resolved that the minutes of the Committee of Adjustment meeting

of April 3, 2018 be approved as circulated.

CARRIED

Agenda item a)

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Committee of Adjustment June 12, 2018

4. Minor Variance

a) A-07/18

Jane & Alessandro Berlingieri

Lot 49, Plan 113

10 Nelles Boulevard, Grimsby

The Committee then consider Submissions A-07/18 by Jane and

Alessandro Berlingieri to allow for the construction of a 72.6 square

metre addition with a north side yard setback of 1.45 metres, south

sideyard setback of 1.25 metres with a total lot coverage of 32% in a

Residential (RD 3.25) Zone at 10 Nelles Boulevard, Grimsby.

Correspondence was received from:

Town Planning Department - No Objections

Heritage Committee - Objections Noted

Mr. Lou Marcantonio, Architect with 2M Architects appeared

before the Committee to support the application and stated that he

and his client had attended the Heritage Committee meeting to

present the proposed elevation and the various designs considered.

The original variance was not acted on as the families needs have

changed. The proposal fits into the streetscape due to its location,

size, materials and window selections.

Mrs. Patricia D'Cunha of St. Andrews Avenue questioned what he

rear elevation looks like and how it may impact her. CA-18-20

Moved by P. Settimi; Seconded by N. Andreychuk;

Resolved that Submission A-07/18 by Jane and Alessandro

Berlingieri to allow for to allow for the construction of a 72.6 square

metre addition with a north side yard setback of 1.45 metres, south

sideyard setback of 1.25 metres with a total lot coverage of 32% in a

Residential (RD 3.25) Zone at 10 Nelles Boulevard, Grimsby be

granted for the following reasons:

1. The Variance is minor in nature.

2. The intent of the Official Plan and Zoning By-law is

maintained.

Page 2 of 5 Agenda item a)

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Committee of Adjustment June 12, 2018

3. The proposal is desirable for the appropriate development of

the land.

CARRIED

b) A-08/18

Robert James & Erin Durham

Lot 4, Plan 435

107 Leitch Drive, Grimsby

The Committee then consider Submissions A-08/18 by Robert James

and Erin Durham to allow for the creation of a 30 square metre

secondary suite in an existing residential structure and a 11 square

metre covered unenclosed porch to project 1.8 metres into the existing

front yard setback in a Residential (RD 2.25) Zone at 107 Leitch

Drive, Grimsby.

Correspondence was received from:

Town Planning Department - No Objections

Mr. Robert James, owner appeared before the Committee to support

the application, and stated that they are proposing an addition along

with an accessory structure. The lot size will accommodate a large

addition along with suitable parking. The porch on the front will be

altered slightly to suit the front elevation.

Mr. Marc Begin who lives adjacent and the designer of the proposal,

stated he had no objection to the proposal. CA-18-21

Moved by R. Bennett; Seconded by N. Andreychuk;

Resolved that Submission A-08/18 by Robert James and Erin

Durham to allow for the creation of a 30 square metre secondary suite

in an existing residential structure and a 11 square metre covered

unenclosed porch to project 1.8 metres into the existing front yard

setback in a Residential (RD 2.25) Zone at 107 Leitch Drive, Grimsby

be granted for the following reasons:

1. The Variance is minor in nature.

2. The intent of the Official Plan and Zoning By-law is

maintained.

Page 3 of 5 Agenda item a)

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Committee of Adjustment June 12, 2018

3. The proposal is desirable for the appropriate development of

the land.

CARRIED

c) A-09/18

Leslie (Les) Wilson

Part Lot 13, Concession 2

254 Main Street West, Grimsby

The Committee then consider Submissions A-09/18 by Leslie (Les)

Wilson to allow for the construction of a 143 square metre accessory

structure with a height of 5.5 metres and a 14% lot coverage for

accessory structure and 26% total lot coverage in a Low Density

Residential (MS.15) Zone at 254 Main Street West, Grimsby.

Correspondence was received from:

Town Planning Department - No Objections

Paul Kuruliak - No Objections

Mr. Les Wilson, owner appeared before the Committee to support the

application and stated that the proposed storage garage will be clad

with board and batten on three sides with the forth side clad with

aluminum siding. For security purposes the building will be used for

personal storage and not used for a commercial use.

Mr. James and Alice Horton of Main Street West stated that they had

no objection to the proposal but expressed their concern about the

lane way usage. CA-18-22

Moved by P. Settimi; Seconded by R. Bennett;

Resolved that Submission A-09/18 by Leslie (Les) Wilson to allow

for the construction of a 143 square metre accessory structure with a

height of 5.5 metres and a 14% lot coverage for accessory structure

and 26% total lot coverage in a Low Density Residential (MS.15)

Zone at 254 Main Street West, Grimsby be granted approved with

conditions for the following reasons:

1. The Variance is minor in nature.

Page 4 of 5 Agenda item a)

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Committee of Adjustment June 12, 2018

2. The intent of the Official Plan and Zoning By-law is

maintained.

3. The proposal is desirable for the appropriate development of

the land.

Subject to the following conditions:

1. That the accessory building foundation be located by a Ontario

Land Surveyor.

CARRIED

5. Adjournment

K. Antonides Chairperson J. R. Schonewille Secretary

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 5 of 5 Agenda item a)

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The Corporation of the Town of Grimsby

By-Law 18-39

A By-law to amend By-law 16-73; being a By-law to establishDevelopment Charges for fhe Town of Grimsby

Whereas Section 27 of the Development Charges Act, 1997, S.O. 1997

provides that a municipality may enter into an agreement to provide for a

deferral of the development charge;

Now therefore the Council of the Corporation of the Town of Grimsby enacts

as follows:

1. That By-Law 16-73 be amended by adding the following after Section 3.12and that such amendment shall immediately come into force and effect:

Class A Office Deferral Program3.13 The Town of Grimsby may offer a deferral for the payment of

development charges for Class A Offrce developments.

3.14 Eligibility criteria:3.14.1 Applications must be approved by Council prior to the issuance

of the main building permit.3.14.2 Following approval by Council the Applicant must pay an

administration fee which shall be $500 unless otherwise specified

in By-law 18-20 (the Town's Consolidated Fee and Charges By-law). Upon the joint approval of the Town Manager and Directorof Finance, where the costs to prepare and administer the deferral

agreement will exceed the above administration fee the Townmay charge an additional amount to cover such costs and the

Applicant must pay this additional charge.

3.14.3 The property must not be in tax affears and there cannot be any

outstanding orders on the property from the Town.

3.14.4 The building must either be in the Town's Employment Area as

determined by its Official Plan or, if outside of this area, the

development must either provide significant and unique

community benefits or the development must provide an

important strategic economic advantage to the community as

determined at the sole discretion of the Town and in a location

approved by the Director of Planning.

3.14.5 The deferral must be recommended by Town Staff after they

have conducted an analysis ofthe request.

3.14.6 The building must be a Class A Office building as determined by

the Director of Planning who shall use the following as a guide:

3.14.6.1New office building with a distinctive design, attractive

look, superior exterior finishes on the curtain wall,superior interior quality finishes in the main lobby and

common areas, four stories or more and at least 5,000

square meters of leasable/sellable office area.

3.14.7 Applicants must enter into an agreement with the Town.

Agenda item a)

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Page2By-law 18-39

3.15 Council may refuse to approve an application that rneets all of the

eligibility criteria if it believes it is not in the best interest of either the

Town or the community.3.16 The application to defer the payment of development charges shall be on

a form supplied and approved by the Director of Finance.

3.17 Payment of development charges will be defened to whichever is earlier:

3.17 .l Eight months following the issuance of an occupancy permit for abuilding for which development charges are being deferred, inwhole or in part; or,

3.17 .2 24 months following the issuance of a main building pennit for a

building for which the development charges are being deferred,

in whole or in part.

3.18 One additional deferral of payment for up to six months may be given by

the Town at its sole discretion.3.18.1 An administration fee of $1,000 shall be paid prior to an

additional defenal of six months going into effect unless

otherwise specified in By-law 18-20 (the Town's Consolidated

Fee and Charges By-law). Upon the joint approval of the TownManager and Director of Finance, where the costs to prepare and

administer the additional deferual will exceed the above

administration fee the Town may charge an additional amount to

cover such costs and the Applicant must pay this additional

charge prior to the additional deferral going into effect.

3.19 Interest on deferred development charges shall be at a rate approved by

Council. However, the Development Charges Deferral Agreement may

provide for the waiving of any interest if, when due, the development

charges are paid on time.3.20 In the event the defened development charges become payable and

remain unpaid, in whole or in part, or on their due date remain unpaid,

then by entering into an agreement to defer payment of development

charges, the Applicant explicitly agrees that in addition to any other

remedy available to the Town at law the amount of unpaid development

charges, plus all accrued interest, shall be added to the tax roll(s) related

to the property in a manner deemed appropriate by the Town and

collected in the same manner as taxes, including that the applicable

interest rute that shall apply shall be the rate the Town charges for unpaid

taxes.

3.2I The Applicant agrees that the Development Charges Deferal Agreement

may be terminated by the Town Manager, at his or her sole discretion, ifa building permit for the proposed development is not applied for withintwo months of the Town signing the Development Charges DeferalAgreement.

3.22 The Applicant agrees that the Town has the right to terminate the

Development Charges Deferral Agreement and the deferred development

charges, including interest will therefore become due and payable in fullin the event of any default or breach of the Agreement by the Applicantwith or without notice to the Applicant from the Town.

Agenda item a)

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t

3.23

3.24

3.25

3.26

3.27

Page 3

By-law lB-39

Notwithstanding anything in this By-law or the Development Charges

Deferral Agreement the following shall be considered a default or breach

of the agreement:

3.23.1 Where a mortgage, charge, lien, execution or other encumbranceaffecting the property becomes enforceable against the property;of,

3.23.2 Where the owner of the property becomes bankrupt, whethervoluntary or involuntary or becomes insolvent or a

receiver/manager is appointed with respect to the propefty; or,3.23.3 If the construction of the building deviates from what the

Director of Planning used to determine the building would be aClass A Office building and the Director of Plaruring, at his/hersole discretion, then no longer agrees that the building will be

Class A Office building; or,

3.23.4 Upon the sale of the property unless the Town agrees in writing,prior to the sale, to assign the Development Charges DeferralAgreement to the new owner.

Any attempt to assign this agreement without the written approval of the

Town is void.If there are mixed uses in the building that include uses other than officethen only the development charges related to the office space will be

deferred unless staff recommend that the additional uses are ancillary tothe office use and that the development charges for this area should also

be included in the deferral.Development charges may be defened in whole or in part.

Council may, at its sole discretion consider applications that do not meet

all eligibility criteria.

Applications for this program must be approved by Council no later thanDecember 31,2021.

Read a first time this I 8th day of June 201 8

Read a second and third time and finally passed this 18tl'day of June 2018

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item a)

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The Corporation of the Town of Grimsby

By-law 18-40

A By-law to amend By-law 18-28 being a By-law to adopt taxation rates setby the Regional Municipality of Niagara and to lely taxes and adopt the

estimates of all sums required for the year 2018

Whereas the Council of the Town of Grimsby deems it expedient to amendBy-law 18-28 being a By-law to adopt taxation rates set by the RegionalMunicipality of Niagara and to levy taxes and adopt the estirnates of all sums

required for the year 2018;

And further that By-law l8-28, Schedule F be amended as attached to thisBy-1aw.

Read a first time this 18th day of June 2018

Read a second and third time and finally passed this I 8th day of June 20 1 8

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item b)

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Schedule "F"2018 Grimsbv Downtown lmprovement Area Lew and Rates

Tax Class

Taxable

Code Assessment Tax Rate Levy

Commercial Full, General

Commercial Full

Commercial Excess Land

CommercialVacant Land

Shopping Centre Full

Shopping Centre Excess Land

Commercial New Construction

Shopping Centre New Construction

CG

CT

CU

CX

ST

SU

XT

ZT

998,000

58,815,495

637,307

1,436,767

21,287,235

139,380

10,196,595

402,905

0.00091979

0.00091979

0.00064385

0.00064385

0.00091979

0.0006438s

0.00091979

0.00091979

918

54,098

410

925

19,580

90

9,379

371

$ 85,770$ 93,913,684

Agenda item b)

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The Corporation of the Town of Grimsby

By-law 18-41

A By-law to authorize an Agreement between ERA Architects Inc. and theCorporation of the Town of Grimsby for required repairs âs per Property

Standards Order - 133 Main Street East

Now therefore the Council of the Corporation of the Town of Grimsby enactsas follows:

That the agreement dated the 18th day of June, 2018, between ERA ArchitectsInc. and the Corporation of the Town of Grimsby for the required repairs to 133

Main Street East as per the Property Standards Order:

1. Is hereby approved and authorized.

2. That the Mayor and Town Clerk are hereby authorized to sign the saidAgreement and is hereby authorized to affix the Corporate Seal thereto andto delivei same.

Read a first time this 18th day of June 2018

Read a second and third time and finally passed this 1 8th day of June 201 8

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item c)

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The Corporation of the Town of Grimsby

By-law 18-42

A By-law to authorize the execution of a Downtown Grimsby FaçadeImprovement Granf Agreement with Tim Delong at l8 Elizabeth Street

Whereas the Council of the Corporation of the Town of Grimsby deems itexpedient to enter into a Downtown Grimsby Façade Grant Agreement withTim Delong at lSElizabeth Street;

And whereas Section 28(11) of the Planning lcf, R.S.O. 1990, c. P.13provides that a municipality may enter into an agreement concerning a grant orloan;

And whereas the Council of the Town of Grimsby approved therecommendation of Report P.A. 18-08 at a Council meeting held on June 18,

2018;

Now therefore the Council of the Corporation of the Town of Grimsby enacts

as follows:1. Entry by the Corporation of the Town of Grimsby into a Downtown

Grimsby Façade Improvement Grant Agreement with Tim Delongsubstantially in the form annexed as Schedule 'A' to this By-Law be and

the same is hereby approved and authorized.2. The Mayor and the Town Clerk are hereby authorized to execute under

corporate seal a Downtown Grimsby Façade Agreement substantially inthe form of Schedule 'A' to this By-Law with Tim Delong and to effectregistration of the same on title, if such be required, and to deliver the

same.3. That this By-Law shall have effect immediately upon final passing.

Read a first time this l Sth day of June 2018

Read a second and third time and finally passed this 18th day of June 2018

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item d)

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The Corporation of the Town of Grimsby

By-law 18-43

A By-law to authorize a Condominium Assumption Agreement betweenLJM Developments, the Corporation of the Town of Grimsby and

The Condominium Corporation for Block 2,Plan 30NI-412in the Town of Grimsby

Now therefore the Council of the Corporation of the Town of Grimsby enacts

as follows:1. That the Corporation of the Town of Grimsby enter into an Agreement

with LJM Developments and The Condominium Corporation for a

Condominium Assumption Agreement for property known as Block 2,

Plan 30M-4l2,inthe Town of Grimsby all of which have been approvedby and filed with the Corporation of the Town of Grimsby

2. That the Mayor and Town Clerk are hereby authorized to sign the said

Agreement and the Clerk is hereby authorized to affix the corporate seal

thereto and to deliver the same.

Read a first time this 18th day of June 2018

Read a second and third time and finally passed this 1 8th day of June 20 I 8

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item e)

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The Corporation of the Town of Grimsby

By-larv 18-44

A By-law to authorize an Agreement befween the Association ofMunicipalities of Ontario and the Corporation of the Town of Grimstry

for the Main Streets Revitalization Fund

Whereas the Town of Grimsby wishes to enter into an Agreement in order toparticipate in Ontario's Main Streets Revitalization Initiative;

And whereas the Town of Grimsby acknowledges that funds received throughthe Agreement must be invested in an interest bearing reserve account until the

earliest of expenditure or March 31,2020;

Now therefore the Council of the Town of Grimsby, a municipal corporationpursuant to the Municipal Act, 2001 enacts as follows:

That the Mayor and Town Clerk are hereby authorized to execute the

Municipal Funding Agreement for the transfer of Main Streets

Revitalization Initiatives funds between the Association of Municipalities ofOntario and the Corporation of the Town of Grimsby as Schedule Aattached hereto.

2. Schedule A shall form part of this By-law

Read a first time this I 8th day of June 201 8

Read a second and third time and finally passed this 18th day of June 2018

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item f)

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Agenda item f)

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ÅHl****Municipalifies 0ntario

MUNICIPAL FUNDING AGREEMENT

ONTARIO'S MAIN STREET REVITALIZATION INITIATIVE

This Agreement made as of 1st day of April, 2018.

BETWEEN:

THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO

(referred to herein as "AMo")

AND:

THE TOWN OF GRIMSBY

(a municipal corporation pursuantto the MunicipalAct, 2001, referred to herein as the"Recipient")

WHEREAS the Province of Ontario is making $26 million available for allocation for thepurposes of supporting municipal Main Street Revitalization Initiatives in Ontario;

WHEREAS the Province of Ontario, Ontario municipalities as represented by AMO aresignatories to Ontario's Main Street Revitalization Initiative Transfer Payment Agreement onMarch 12,2018 (the "OMAFRA-AMO Agreement"), whereby AMO agreed to administer MainStreet Revitalization funds made available to all Ontario municipalities, excludingToronto;

WHEREAS the OMAFRA-AMO Transfer Payment Agreement contains a framework for thetransfer of provincial funds to Ontario lower-tier and single-tier municipalities represented byAMO;

WHEREAS the Recipient wishes to enter into this Agreement in order to participate in Ontario'sMain Street Revitalization Initiative;

WHEREAS AMO is carrying out the fund administration in accordance wíth its obligations setout in the OMAFRA-AMO Agreement and it will accordingly undertake certain activities andrequire Recipients to undertake activities as set out in this Agreement.

THEREFORE the Parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions. When used in this Agreement (including the cover and executionpages and all of the schedules), the followingterms shall have the meaningsascribed to them below unless the subject matter or context is inconsistenttherewith:

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"Agrccment" means this Agreement, including the cover and execution pagesand all of the schedules hereto, and all amendments made hereto inaccordance with the provisions hereof.

"Annual Report" means the duly completed report to be prepared anddelivered to AMO as described in Section 7.2 and Section 2 of Schedule D.

"Association of Municipalities of Ontario (AMO)" means a legallyincorporated entity under the Corporatinns Act, 1990 R,S.O. 1990, Chapter c.38

"Communication Report" means the duly completed report to be preparedand delivered to AMO as described in Section 7.1 and Section 1 of Schedule D.

"Community Improvement Plan" has the meaning as defined under section2B(1) of the PlanningAct, R.S.O.1990, c. p.13.

"Contract" means an agreement between the Recipient and a Third Partywhereby the latter agrees to supply a product or service to an Eligible Project inreturn for financial consideration.

"Effective Date" is April 1,2018.

"Eligible Costs" means those expenditures described as eligible in Schedule C.

"Eligible Projects" means projects as described in Schedule B.

"Eligible Recipient" means a

a. Municipality or its agent (including its wholly owned corporation); and

b. Non-municipal entity, including for profit, non-governmental and not-forprofit organizations, on the condition that the Municipality(ies) has(have) indicated support for the Eligible Project through a formal grantagreement between the Municipality and the non-municipal entity.

"Event of Default" has the meaning given to it in Section 1 1.1 of thisAgreement.

"Funcls" mean the Funds made available to the Recipient through the Mainstreet Revitalization Initiative, a program established by the Government ofOntario. Funds are made available pursuant to this Agreement and includes anyinterest earned on the said Funds. For greater certainty: (i) Funds transferred toanother Municipality in accordance with Section 6.2 of this Agreernerrt, otherthan as set out in Sections 7.1(a), (c) and (Ð, are to be treated as Funds bytheMunicipality to which the Funds are transferred and are not to be treated asFunds bythe Recipient; and (ií)any Fundstransferred to a non-municipal entityin accordance with Section 6.3 of this Agreement shall remain as Funds underthis Agreement for all purposes and the Recipient shall continue to be bound byall provisions of this Agreement with respect to such transferred Funds.

"Ineligible Costs" means those expenditures described as ineligible inSchedule C.

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"Lower-tier Municipality" means a Municipality that forms part of an Upper-tier Municipality for municipal purposes, as defined under the Municipal Act,2001 S.O. 2001, c.25.

"Municipal Fiscal Year" means the period beginningJanuary 1st of a year andending December 31st of the same year.

"Municipality" and "Municipalities" means every municipality as definedunder the Municipal Act, 2001 S.O. 2001 c.25.

"Municipal Physical Infrastructure" means municipal or regional, publicly orprivately owned, tangible capital assets primarily for public use or benefit inOntario.

"Ontario" means Her Majesty in Right of Ontario, as represented by theMinister of Agriculture, Food and RuralAffairs.

"Parties" means AMO and the Recipient.

"Project Completion Date" means the Recipient must complete its Projectunder this Agreement by March 31,2020,

"Recipient" has the meaning given to it on the first page of this Agreement.

"Results Report" means the report prepared and delivered to AMO by theRecipient by which reports on how Funds are supporting progress towardsachieving the program objective, more specifically described in Section 3 ofSchedule D.

"single-tier Municipality" means a municipality, other than an upper-tiermunicipality, that does not form part of an upper-tier municipality for municipalpurposes as defined under the Municipal Act, 2001, S.O. 2001 c.25.

"Third Party" means any person or legal entity, other than the Parties to thisAgreement who participates in the implementation of an Eligible Project bymeans of a Contract.

"Transfer By-law" means a by-law passed by Council of the Recipient pursuantto Section 6.2 and delivered to AMO in accordance with that section.

"Unspent Funds" means the amount reported as unspent by the Recipient asof December 31, as submitted in the Recipient's Annual Report.

1.2 Interpretat¡ons:

Herein, etc. The words "hereif-ì", "hereof" and "hereunder" and other words ofsimilar import refer to this Agreement as a whole and not any particularschedule, article, section, paragraph or other subdivision of this Agreement.

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Currency. Any reference to currerrcy is to Canadian cun'ency alrd arry ärnountadvanced, paid or calculated is to be advanced, paid or calculated in Canadiancurrency.

Statutes. Any reference to a federal or provincial statute is to such statute andto the regulations made pursuantto such statute as such statute andregulations may at any time be amendcd or modified and in effect and to anystatute or regulatlons that may be passed that have the effect of supplementingor superseding such statute or regulations.

Gender, singular, etc. Words importing the masculine gender include thefeminine or neuter gender and words in the singular include the plural, and viceversa.

2. TERM OF AGREEMENT

2.1 Term. Subject to any extension or termination of this Agreement or thesurvival of any of the provisions of this Agreement pursuant to the provisionscontained herein, this Agreement shall be in effect from the date set out on thefirst page of this Agreement, up to and including March 31,2020.

2.2 Amendment. This Agreement may be amended at any time in writing as agreedto by AMO and the Recipient.

Notice. Any of the Parties may terminate this Agreement on written notice.

3. RECIPIENT REQUIREMENTS

3.1 Communicat¡ons. The Recipient will comply with all requirements outlined,including providing upfront project information on an annual basis, or until allFunds are expended for communications purposes in the form described inSection 7.1 and Section 1 of Schedule D.

a) Unless otherwise directed by Ontario, the Recipient will acknowledge thesupport of Ontario for Eligible Projects in the following manner: "TheProject is funded Iif it is partlyfunded the Recipient should use "in part"] bythe Ontario Ministry of Agriculture, Food and Rural Affairs."

b) The Recipient shall notiñ7 Ontario within five (5) business days of plannedmedia events or announcements related to the Project, organized by theRecipient to facilitate the attendance of Ontario. Media events andannouncements include, but are not limited to, news conferences, publicarlnouncenlents, ol'ficial events or ceremonies, and news releases.

3.2 Contracts. The Recipient will award and manage all Contracts in accordancewith its relevant policies and procedures and, if applicable, in accordance withthe Canadian Free Trade Agreement and applicable international tradeagreements, and all other applicable laws.

a) The Recipient will ensure any of its Contracts for the supply of services ormaterials to implement its responsibilities under this Agreement will be

2.3

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awarded in a way that is transparent, competitive, consistentwith value formoney principles and pursuant to its adopted procurement policy.

4. ELTGTBLE PROJECTS

4.1 Eligible Projects. Costs directly and reasonably incurred by the Recipient forconstruction, renewal, renovation or redevelopment or material enhancementactivities funded under existing Community Improvement Plan financialincentive programs or activities funded under the Municipal PhysicalInfrastructure category, including projects in downtown or main street areas, asdefined through an existing Community Improvement Plan or other municipalland use planning policy that will support the role of small businesses in mainstreet areas as more specifically described in Schedule B and Schedule C

4.2 Recipient Fully Responsible. The Recipient is fully responsible for thecompletion of each Eligible Project in accordance with Schedule B and Schedulec.

5. ELIGIBLE COSTS

5.1 Eligible Costs. Schedule C sets out specific requirements for Eligible andIneligible Costs.

5.2 Discretion of Ontario. Subject to Section 5.1, the eligibility of any items notlisted in Schedule B and/or Schedule C to this Agreement is solely at thediscretion of Ontario.

5.3 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will besubject to the terms and conditions of this Agreement.

Reasonable Access. The Recipient shall allow AMO and Ontario reasonable andtimely access to all documentation, records and accounts and those of theirrespective agents or Third Parties related to the receipt, deposit and use ofFunds and Unspent Funds, and any interest earned thereon, and all otherrelevant information and documentation requested by AMO or Ontario or theirrespective designated representatives for the purposes of audit, evaluation, andensuring compliance with this Agreement.

5.5 Retention of Receipts. The Recipient will keep proper and accurate accountsand records of all Eligible Projects including invoices and receipts for EligibleExpenditures in accordance with the Recipient's municipal records retention by-law and, upon reasonable notice, make them available to AMO and Ontario.

6. FUNDS

5.4

6.1 Allocation of Funds. AMO will allocate and transfer Funds on the basis of theformula determined by Ontario.

Transfer of Funds to a Municipality. Where a Recipient decides to allocateand transfer Funds to another Municipality (the 'Transferee Municipality"):

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6.2

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6.3

6.5

6.6

6.4

a) The allocation and transfer shall be authorized by by-law (a "Transfer By-law"). The Transfer By-law shall be passed by the Recipient's council andsubmitted to AMO as soon thereafter as practícable. The Transfer By-lawshall identify the Transferee Municipality and the amount of Funds theTransferee Municipality is to receive for the Municipal Fiscal Year specifiedin the Transfer By-law.

b) The Recipient is still required to submit an Annual Report in accordance withSections 7,1 (a), (c) and (Ð hereof with respect to the Funds transferred.

c) No transfer of Funds pursuant to this Section 6.2 shall be effected unlessand until the Transferee Municipality has either (i) entered into anagreement with AMO on substantially the same terms as this Agreement, or(ii) has executed and delivered to AMO a written undertaking to assume allof the Recipient's obligations under this Agreement with respect to theFunds transferred; in a form satisfactory to AMO.

Transfer of Funds to a non-municipal entity. Where a Recipient decides tosupport an Eligible Project undertaken by an Eligible Recipient that is not a

Municipality:

a) The provision of such support shall be authorized by a grant agreementbetween the Municipality and the Eligible Recipient in support of aCommunity Improvement Plan. The grant agreement shall identify theEligible Recipient, and the amount of Funds the Eligible Recipient is toreceive for that Eligible Project.

b) The Recipient shall continue to be bound by all of the provisions of thisAgreement notwithstanding any such transfer including the submission ofan Annual Report in accordance with Section 7.2.

c) No transfer of Funds pursuant to this Section 6.3 shall be effected unlessand until the non-municipal entity receiving the Funds has executed anddelivered to the Municipality the grant agreement.

Use of Funds. The Recipient acknowledges and agrees the Funds are intendedfor and shall be used onlyfor Eligible Expenditures in respect of EligibleProjects.

Payout of Funds. The Recipient agrees that all Funds will be transferred byAMO to the Recipient upon full execution of this Agreement.

Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fundor other separate distinct interest bearing account and shall retain the Funds insuch reserve fund, or account untilthe l-unds are expended ortransferred inaccordance with this Agreement. The Recipient shall ensure that:

a) any investment of unexpended Funds will be in accordance with Ontario lawand the Recipient's investment policy; and,

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b) any interest earned on Funds will only be applied to Eligible Costs forEligible Projects, more specifically on the basis set out in Schedule B andSchedule C.

6.7 Funds advanced. Funds transferred by AMO to the Recipient shall be expendedby the Recipient in respect of Eligible Costs. AMO reserves the right to declarethat Unspent Funds after March 31,2020 become a debt to Ontario which theRecipient will reimburse forthwith on demand to AMO for transmission toOntario.

6.8 Expenditure of Funds. The Recipient shall expend all Funds by March 31,2020

6.9 GST & HST. The use of Funds is based on the net amount of goods and servicestax or harmonized sales tax to be paid by the Recipient net of any applicable taxrebates.

6.10 Limit on Ontario's Financial Commitments. The Recipient may use Funds topay up to one hundred percent (100%o) of Eligible Expenditures of an EligibleProject.

6.11 Stacking. If the Recipient is receiving funds under other programs in respect ofan Eligible Project to which the Recipient wishes to apply Funds, the maximumcontribution limitation set out in any other program agreement made in respectof that Eligible Project shall continue to apply.

6.12 Insufficient funds provided by Ontario. If Ontario does not provide sufficientfunds to AMO for this Agreement, AMO may terminate this Agreement.

7. REPORTING REQUIREMENTS

7 .1 Communication Report. Immediately upon execution of this Agreement theRecipient shall report to AMO any Eligible Project being undertaken in thecurrent Municipal Fiscal Year in the form described in Schedule D.

7.2 Annual Report. The Recipient shall report in the form in Schedule D due byMay 15th following the Municipal Fiscal Year on:

a) the amounts received from AMO under this Agreement;

b) the amounts received from another Eligible Recipient;

c) the amounts transferred to another Eligible Recipient;

d) amounts paid by the Recipient in aggregate for Eligible Projects;

e) amounts held at year end by the Recipient in aggregate, including interest,to pay for Eligible Projects;

f) indicate in a narrative the progress that the Recipient has made in meetingits commitments and contributions; and,

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g) a listing of all tligible Projects that have been funded, indicating the EligibleProject category, project description, amount of Funds, total project cost,start date, end date and completion status.

7.3 Results Report. The Recipient shall account in writing for results achieved bythe Funds through a Results Report to be submitted to AMO. Specitically theResults Report shall document performance measures achieved through theirrvestrnents irr Eligible Projects in the form described ln Sectlon 3 of ScheduleD.

8. RECORDS AND AUDIT

8.1 Accounting Principles. All accounting terms not otherwise defined herein havethe meanings assigned to them; all calculations will be made and all financialdata to be submitted will be prepared in accordance with generally acceptedaccounting principles (GAAP) in effect in Ontario. GAAP will include, withoutlimitation, those principles approved or recommended for local governmentsfrom time to time by the Public Sector Accounting Board or the CanadianInstitute of Chartered Accountants or any successor institute, applied on aconsistent basis.

8.2 Separate Records. The Recipient shall maintain separate records anddocumentation for the Funds and keep all records including invoices,statements, receipts and vouchers in respect of Funds expended on EligibleProjects in accordance with the Recipient's municipal records retention by-lawUpon reasonable notice, the Recipient shall submit all records anddocumentation relating to the Funds to AMO and Ontario for inspection oraudit.

8.3 External Auditor. AMO and/or Ontario may request, upon written notification,an audit of Eligible Project or an Annual Report. AMO shall retain an externalauditor to carry out an audit of the material referred to in Sections 5.4 and 5.5of this Agreement. AMO shall ensure that any auditor who conducts an auditpursuant to this Section of this Agreement or otherwise, provides a copy of theaudit report to the Recipient and Ontario at the same time that the audit reportis given to AMO.

9. INSURANCE AND INDEMNITY

9.1 Insurance. The Recipient shall put in effect and maintain in full force andeffect or cause to be put into effect and maintained for the term of thisAgreement all the necessary insurance with respect to each Eligible Project,including any Eligible Projects witlt respect to whicl'r tlre Rer.ipierrt Jrastransferred Funds pursuant to Section 6 of this Agreenrent, tlrat woulc.l lreconsidered appropriate for a prudent Municipality undertaking Eligible Projects,including, where appropriate and without limitation, property, construction andliability insurance, which insurance coverage shall identify Ontario and AMO asadditional insureds for the purposes of the Eligible Projects.

9.2 Certificates of Insurance. Throughout the term of this Agreement, theRecipient shall provide AMO with a valid certificate of insurance that confirmscompliance with the requirements of Section 9.1. No Funds shall be expended

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or transferred pursuant to this Agreement until such certificate has beendelivered to AMO.

9.3 AMO not liable. In no event shall Ontario or AMO be liable for:

(a) any bodily injury, death or property damages to the Recipient, itsemployees, agents or consultants or for any claim, demand or action byany Third Party against the Recipient, its employees, agents orconsultants, arising out of or in any way related to this Agreement; or

9.4

(b) any incidental, indirect, special or consequential damages, or any loss ofuse, revenue or profit to the Recipient, its employees, agents orconsultants arising out of any or in any way related to this Agreement.

Recipient to Compensate Ontario. The Recipient will ensure that it will not, atany time, hold Ontario, its officers, servants, employees or agents responsiblefor any claims or losses of any kind that the Recipient, Third Parties or any otherperson or entity may suffer in relation to any matter related to the Funds or anEligible Project and that the Recipient will, at all times, compensate Ontario, itsofficers, servants, employees and agents for any claims or losses of any kindthat any of them may suffer in relation to any matter related to the Funds or anEligible Project. The Recipient's obligation to compensate as set out in thissection does not apply to the extent to which such claims or losses relate to thenegligence of an officer, servant, employee, or agent of Ontario in theperformance of his or her duties.

9.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify andhold harmless AMO, its officers, servants, employees or agents (each of which is

called an "Indemnitee"), from and against all claims, losses, damages, liabilitiesand related expenses including the fees, charges and disbursements of anycounsel for any Indemnitee incurred by any Indemnitee or asserted against anyIndemnitee by whomsoever brought or prosecuted in any manner based upon,or occasioned by, any injury to persons, damage to or loss or destruction ofproperty, economic loss or infringement of rights caused by or arising directlyor indirectly from:

(a) the Funds;

(b) the Recipient's Eligible Projects, including the design, construction,operation, maintenance and repair of any part or all of the Eligible Projects;

(c) the performance of this Agreement or the breach of any term orcondition of this Agreement by the Recipient, its officers, servants, employeesand agents, or by a Third Party, its officers, servants, employees, or agents; and

(d) any omission or other wilful or negligent act of the Recipient or ThirdParty and their respective officers, servants, employees or agents.

10. DISPOSAL

10.1 Disposal. The Recipient will not, without Ontario's prior written consent, sell,lease or otherwise dispose of any asset purchased or created with the Funds or

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for which funds were provided, the cost of which exceed $50,000 at the time ofsale, lease or disposal prior to March 31,2021.

11. DEFAULT AND TERMINATION

11.1 Event of Default. AMO may declare in writing that an event of default hasoccurred when the Recipient has not complied with any condition, undertakingor term in this Agreement. AMO will not declare in writing that an event ofclefaurlt has occu¡rrecl urnless it has first conslrlted with the Recipient. Each andevery one of the following events is an "Event of Default":

(a) failure by the Recipient to deliver in a timely manner an Annual Report orResults Report.

(b) delivery of an Annual Report that discloses non-compliance with any condition,undertaking or material term in this Agreement.

(c) failure by the Recipient to co-operate in an external audit undertaken by AMOor its agents.

(d) delivery of an external audit report that discloses non-compliance with anycondition, undertaking or term in this Agreement.

(e) failure by the Recipient to expend Funds in accordance with Sections 4.1 and6.8.

11 .2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient,within thirty (30) calendar days of receipt of the notice, either corrects thedefault or demonstrates, to the satisfaction of AMO in its sole discretion that ithas taken such steps as are necessary to correct the default.

11.3 Remedies on default. If AMO declares that an Event of Default has occurredunder Section 1 1.1, after thirty (30) calendar days from the Recipient's receipt ofthe notice of an Event of Default, it may immediately terminate this Agreement.

11.4 Repayment of Funds. If AMO declares that an Event of Default has not beencured to its satisfaction, AMO reserves the right to declare that prior paymentsof Funds become a debt to Ontario which the Recipient will reimburse forthwithon demand to AMO for transmission to Ontario.

12. CONFLICT OF INTEREST

12.1 No conflict of interest. The Reci¡rient will ensure that no cL¡rrent menrber ofthe AMO Board of Directors and no current or former public servant or officeholder to whom any post-employment, ethics and conflict of interest legislation,guidelines, codes or policies of Ontario applies will derive direct benefit fromthe Funds, the Unspent Funds, and interest earned thereon, unless theprovision of receipt of such benefits is in compliance with such legislation,guidelines, policies or codes.

13. NOTICE

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13.1 Notice. Any notice, information or document provided for under thisAgreement will be effectively given if in writing and if delivered by hand, orovernight courier, mailed, postage or other charges prepaid, or sent byfacsimile or email to the addresses, the facsimile numbers or email addressesset out in Section 13.3. Any notice that is sent by hand or overnight courierservice shall be deemed to have been given when received; any notice mailedshall be deemed to have been received on the eighth (8) calendar day followingthe day on which it was mailed; any notice sent by facsimile shall be deemed tohave been given when sent; any notice sent by email shall be deemed to havebeen received on the sender's receipt of an acknowledgment from the intendedrecipient (such as by the "return receipt requested" function, as available,return email or other written acknowledgment), provided that in the case of anotice sent by facsimile or email, if it is not given on a business day before 4:30p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m.on the next business day for the recipient.

13.2 Representatives. The individuals identified in Section 13.3 of this Agreement,in the first instance, act as AMO's or the Recipient's, as the case may be,representative for the purpose of implementing this Agreement.

13.3 Addresses for Notice. Further to Section 13.1 of this Agreement, notice can begiven at the following addresses:

a) If to AMO:

Executive DirectorMain Streets AgreementAssociation of Municipalities of Ontario 200 University Avenue, Suite 801Toronto, ON M5H 3C6

Tel ephone: 41 6-97 1-9856Email: [email protected]

b) If to the Recipient:

Director of Finance & TreasurerSteven GruningerTOWN OF GRIMSBYBox 159, 160 Livingston Ave.Grimsby, ON L3M 4G3(905) 945-9634 x2024sgru n i nger@gri msby.ca

14. MISCELLANEOUS

14.1 Counterpart Signature. This Agreement may be signed in counterpart, and thesigned copies will, when attached, constitute an original Agreement.

14.2 Severability. If for any reason a provision of this Agreement that is not afundamental term is found to be or becomes invalid or unenforceable, in wholeor in part, it will be deemed to be severable and will be deleted from this

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Agreement, but all the other terms and conditions of this Agreement willcontinue to be valid and enforceable.

14.3 Waiver. AMO may waive any right in this Agreement only in writing, and anytolerance or indulgence demonstrated by AMO will not constitute waiver ofrights in this Agreement. Unless a waiver is executed in writing, AMO will beentitled to seek any remedy that it may have under this Agreement or under thelaw.

14.4 Governing Law. This Agreement shall be governed by and construed inaccordance with the laws of the Province of Ontario.

14.5 Survival. The Recipient agrees that the following sections and provisions of thisAgreement shall extend for seven (7) years beyond the expiration ortermination of this Agreement: Sections 5, 6.7, 6.8,7,9.4,9.5,11.4 and 14.8.

14.6 AMO, Ontario and Recipient ¡ndependent. The Recipient will ensure itsactions do not establish or will not be deemed to establish a partnership, jointventure, principal-agent relationship or employer-employee relationship in anyway or for any purpose whatsoever between Ontario and the Recipient,between AMO and the Recipient, between Ontario and a Third Party or betweenAMO and a Third Party.

14.7 No Authority to Represent. The Recipient will ensure that it does notrepresent itsell including in any agreement with a Third Party, as a partner,employee or agent of Ontario or AMO.

14.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a

debt due to AMO, which the Recipient will reimburse forthwith, on demand, toAMO.

14.9 Priority. In the event of a conflict, the part of this Agreement that precedes thesignature of the Parties will take precedence over the Schedules.

15. SCHEDULES

15.1 This Agreement, including:

Schedule A Municipal Allocation

Schedule B Eligible Projects

Schedule C Eligible and Ineligible Costs

Schedule D Reporting

constitute the entire agreement between the Parties with respect to the subjectmatter contained in this Agreement and supersedes all prior oral or writtenrepresentations and agreements.

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16. SIGNATURES

IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed anddelivered this Agreement on the date set out on the front page.

RECIPIENT'S NAME: TOWN OF GRIMSBY

Mayor Name Signatu re

e Namec Signature

THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO

By Title

In the presence of:

Witness Title

Signature

Signature

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SCHEDULE AMUNICPAL ALLOCATION

RECIPIENT'S NAME:

ALLOCATION:

TOWN OF GRIMSBY

$s37s1.81 05

The Recipient acknowledges this is a one time payment for Eligible Projects with Eligible Costs.

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SCHEDULE B

ELIGIBLE PROJECTS

Funding is to be directed to Eligible Projects to support revitalization activities within mainstreet areas, as defined through an existing Community Improvement Plan or any othermunicipal land use planning policy. Funding can be used in one or both of the followingcategories:

1. Community Improvement Plan - construction, renewal, renovation or redevelopmentor material enhancement activities that implement priority financial incentives in existingCommunity Improvement Plans such as:

a. Commercial building façade improvements

b. Preservation and adaptive reuse of heritage and industrial buildings

c. Provision of affordable housing

d. Space conversion for residential and commercial uses

e. Structural improvements to buildings (e.g. Building Code upgrades)

f . Improvement of community energy efficiency

g. Accessibility enhancements

2. Other Municipal Land Use Planning Policy - construction, renewal or materialenhancement activities to fund strateg¡c Municipal Physical Infrastructure andpromotional projects such as:

a. Signage - wayfinding/directional, and gateway.

b. Streetscaping and landscape improvements - lighting, banners, murals, streetfurniture, interpretive elements, public art, urban forestation, accessibility,telecommu nications/broadband equipment, parking, active transportationinfrastructure (e.g. bike racks/storage, cycling lanes and paths) and pedestrianwalkways/trails.

c. Marketing plan implementation - business attraction and promotion activities, specialevents.

15

Agenda item f)

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Page 55: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

SCHEDULE CELIGIBLE AND INELIGIBLE COSTS

1. Eligible Costs include:

a. Costs directly and reasonably incurred on or after April 1 ,2018 up to and including theProject Completion Date by the Recipient for construction, renewal, renovation orredevelopment or material enhancement activities funded under existing CommunityImprovernerrt Pla n fi na ncia I irrcerrtive progra ms.

b. Costs directly and reasonably incurred on or after April 1 , 2018 up to and including theProject Completion Date by the Recipient for construction, renewal or materialenhancement activities funded under the Municipal Physical Infrastructure categoryincluding projects in downtown or main street areas, as defined through an existingCommunity Improvement Plan or other municípal land use planning policy that willsupport the success of small businesses in main street areas.

2. Ineligible Costs include:

a. Costs incurred prior to Effective Date or after the Project Completion Date;

b. Any costs associated with providing the Annual and Results Reports to AMO;

c. Any costs associated with lobbying Ontario, including other Ministries, agencies andorganizations of the Government of Ontario;

d. Costs associated with construction, renewal, renovation or redevelopment or materialenhancement of all things in the following categories: highways, short-sea shipping,short-linc rail, regional or local airports, and brownfield redevelopment;

e. Costs of infrastructure construction, renewal, renovation or redevelopment or materialenhancement that do not improve energy efficiency, accessibility, aesthetics ofmarketability of small businesses within an Recipient's main street areas; orthat do notencourage strategic public investments in municipal and other public infrastructurewithin main street areas that will benefit small businesses; or that otherwise will likelyfail to contribute to the success of main street businesses;

f . Costs of infrastructure construction, renewal, renovation or redevelopment or materialenhancement or¡tsicle of the Recipient's main street areas, as defíned through anexistirtg Cotrrrtunity Irnprovernent Plan or other municipal land use planning policy;

g. The cost of leasing of equipment by the Recipient, any overhead costs, includingsalaries and other employment benefits of any employees of the Rccipicnt, its direct orindirect operating or administrative costs of Recipients, and more specifically its costsrelated to planning, engineering, architecture, supervision, management and otheractivities normally carried out by its staff, except in accordance with Eligible Costsabove;

h. Taxes, to which the Recipient is eligible for a tax rebate;

i. Purchase of land or any interest therein, and related costs; and,

j. Routine repair and maintenance Municipal Physical Infrastructure.

16

Agenda item f)

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Page 56: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

SCHEDULE D

REPORTING

1. CommunicationReport

Immediately following the Municipality executing this Agreement the Recipient will provideAMO a Communication Report in an electronic format deemed acceptable to AMO, consistingof the following:

2. Annual Report

The Recipient will provide to AMO an Annual Report in an electronic format deemedacceptable to AMO, consisting of the following:

Financial Reporting Table: The financial report table will be submitted in accordance withthe following template:

Annual Report Financial TableAnnual Cumulative

20xx 2018 - 2020

Open¡ng Balance $xxx

Received from AMO $xxx $xxx

Interest Earned $xxx $xxx

Received from An EligibleRecipíent

$xxx $xxx

Transferred to an EligibleRecipient

($xxx¡ ($xxx)

Spent on Eligible Projects (foreach Eligible Project category)

($xxx¡ ($xxx)

Closing Balance ofUnspent Funds

$xxx

a

Proiect Title ProiectDescription

Eligible Project

Category (ClP /Municipal PhysicalInfrastructure

Total ProjectCost

Estimate of Funds(Main Street)Spent

17

Agenda item f)

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Page 57: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

a

b. Project List: The Recipient will provide to AMO a project list submitted in accordance withthe following template:

3. Project Results.

The Results Report shall outline, in a manner to be provided by AMO, the degree to whichinvestments in each project are supporting progress towards achieving revitalization withinmain street areas:

Community Improvement Plan Eligible Projects. Number of small businesses supported;. Total value of physical improvements;. Total Main Street Funds provided;. Total Municipal investment; and,. Total private investment.

b. Municipal Physical Infrastructure Eligible Projects. Total value of physical improvements;. Total Main Street Funds provided; and. Total municipal investment.

RecipientProJectTitle

ProJectDescription

EligibleProjectCateEorv

TotalProjectCost

Main StreetFunds Used

Start & EndDate

Completed?

Yes/No/Ongoirrg

1B

Agenda item f)

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Page 58: TOWN OF GRIMSBY Council Agenda · • Cheque presentation - Niagara Power Inc. 10. New Business 11. Next Meeting a) The next Council meeting is scheduled Monday, July 16, 2018 at

The Corporation of the Town of Grimsby

By-law 18-45

A By-law to authorize an Agreement between the Norjohn Contractingand Paving Limited and the Corporation of the Town of Grimsby

for the award of contract for 2018 Cold Mix andSurface Treatment Paving Program

Now therefore the Council of the Corporation of the Town of Grimsby enactsas follows:l. That an Agreement with Norjohn Contracting and Paving Limited and the

Corporation of the Town of Grimsby for 2018 Cold Mix and SurfaceTreatment Paving Program is hereby approved and authorized.

2. That the Mayor and Town Clerk are hereby authorized to sign the saidAgreement aÍter the same has been signed by Norjohn Contracting andPaving Limited and the Town Clerk is hereby authorized to affix theCorporate Seal thereto and to deliver the same.

Read a first time this l Sth day of June 2018

Read a second and third time and finally passed this 18th day of June 2018

R.N. Bentley, Mayor

H. Soady-Easton, Town Clerk

Agenda item g)

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