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2004/05/03REGULAR COUNCIL MEETING Monday, May 3, 2004 Order of Business and Agenda Package REGULAR MEETING May 3, 2004 1. PRAYER: Alderman Joyce Morocco 2. ADOPTION OF MINUTES: Planning/Regular Minutes of April 19, 2004 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Nia,qara Falls "Front Row Sports" Thunder Major Pee Wee AAA Team A presentation will be made to the following players, in recognition of winning the All- Ontario Pee Wee AAA Hockey Championships, in Sudbury, Ontario. Johnson Andrews Jacob Noel Taylor Beck Trevor Parkes Tanner Ferguson Marcus Quinlin Alex Friesen Jared Saks Riley Jakobschuk Nicholas Sanduleac Jesse Jukosky Aaron Sexton Cameron McLean Justin Shugg David Neudorf Ryan Wiley -2- DEPUTATIONS Regional Water and Wastewater Treatment Mr. Shafee Bacchus, Commissioner of Corporate Services, Niagara Region and Mr. Chado Brcic, Director, Water & Wastewater Services wish to address the issues surrounding Regional Water and Wastewater Treatment. Family Literacy Event Ms Donna Dalgleish, Ontario Early Years Centre, Niagara Falls Coordinator wishes to provide information on the first annual Family Literacy Event being held on May 15, 2004. The Niagara Flower & Garden Show Ms. Wendy Chrystian, Provincial Administrator of Master Gardners and Ms. JuneStreadwick, Coordinator, Master Gardners of NiagaraNish to provide information on the garden show being held on June 11, 12 and 13, 2004. Mayor's Youth Advisory Committee Terry Kane, Chair of the Mayor's Youth Advisory Committee and Cara Hutton, Vice Chair of the Mayor's Youth Advisory Committee wish to provide information on the Battle of the Bands event. Monteith Brown Planning Consultants Todd Brown, Monteith Brown Planning Consultants, wishes to provide information on the "final draft" of the new Comprehensive Zoning By-law for the City. -3- MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS FO THE CITY CLERK 1. Memorandum from Kathy Powell - Re: Proclamation - requesting that Council proclaim the month of May, 2004 as "Museums Month". RECOMMENDATION: That the request be approved. 2. Bernadette Dalingwater, President, Cornelia de lange Syndrome (CdLS) Canada - Re: Proclamation - requesting that Council proclaim May 8, 2004 as "CdLS Awareness Day". RECOMMENDATION: That the request be supported. 3. Pat Hopkins, President, Fibromyalgia Niagara Association - Re: Proclamation requesting that Council proclaim May 12, 2004 as International Fibromyalgia Awareness Day". RECOMMENDATION: That the request be approved 4. Willoughby Historical Society - Re: Signage - requesting that Council consider having the two "Welcome to Willoughby" signs re-erected near Weaver Road and Snyder Road, since Niagara Falls was celebrating its' 100th Anniversary this year. RECOMMENDATION: Refer to staff. 5. Health and Safety Committee, Princess Margaret Public School - Re: Sidewalks - requesting Council to investigate the matter of providing sidewalks along Corwin Avenue between Stokes Street and the driveway at 6135 Corwin Avenue; and on Culp Street from Corwin Avenue to Carlton Avenue; and further requesting that an All- Way Stop at the corner of Carlton Avenue and Culp Street would increase the safety of the students who cross at the cross-walk. RECOMMENDATION: Refer to staff. 6. Correspondence from the National Amateur Baseball Federation - Re: Use of Baseball Diamonds - requesting that consideration be given for use of the baseball diamonds at Oakes Park. - AND - Correspondence from the Director of Parks, Recreation & Culture. RECOMMENDATION: For the Information of Council. 7. Clifton Hill B.I.A. - Re: 2004 Budget & Board Membership - requesting that Council approve the Clifton Hill B.I.A. 2004 budget and requesting that Council approve the Clifton Hill B.I.A. 2004-2006 Board membership. RECOMMENDATION: For the consideration of Council. -4- 8. Niagara Falls Downtown Board of Management - Re: 2004 Budget -requesting that Council approve the Niagara Falls Downtown Board of Management 2004 budget. -AND - 8a) Memo from City Clerk - Re: Downtown B.I.A. 8b) Correspondence from Mr. Carmen Tartaglia - Re: Downtown Board of Management, General Meeting and Election. 8c) Various supporting documentation. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) CLERKS DEPARTMENT MATTERS 1. Chief Administrative Officer CD-2004-10,2004 Appointments. Note: In the Council members' packages, please find the Council Appointments Document that accompanies the above-mentioned report. FIRE SERVICES MATTERS 1. Chief Administrative Officer FS-2004-10, CRTC Application for Access to 911 Database for Emergency Notification. - AND - Resolution from the Town of Fort Erie -5- CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL, THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET, THE SINGLE MOTION WILL SAVE TIME, PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. CD-2004-09, Photo Copier for Print Shop; 2. F-2004-31, Municipal Accounts; 3. L-2004-22, Voth, Alvin & Susan Assignment of Licence Agreement- to Maurice Muthiah & Permanently Closing Part of an Unopened Road Allowance between Township Lot 5 and Gore Lot; 4. L-2004-23, 1149962 Ontario Limited (Matovic) purchase from City - Part of Falls Industrial Park; Amendment to Agreement of Purchase and Sale; 5. L-2004-24, Various Street Ends and Road Allowance along the Welland River in Chippawa to be permanently closed; 6. L-2004-26, Maloney/Martens Agreement with the City; Building Permit (Checkerboard Lot); Part 6 on Reference Plan 59R-2627, Miller Road; 7. MW-2004-73, Niagara Public Purchasing Committee NP-03-2004; 8. MW-2004-77, Police Week 2004, May 10, 2004 to May 15, 2004; 9. R-2004-21, The Chippawa Jr. "C" Hockey Club and The Corporation of the City of Niagara Falls Agreement; 10. R-2004-22, Cash in Lieu of Parkland Dedication; 11. R-2004-23, Bambi Neighbourhood Park Playspace Equipment Proposal P01-2004 RATIFICATION OF "IN CAMERA" ACTIONS -6- BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-86 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Parking Meter Zones). 2004-87 To authorize the execution of a Services Agreement with Business Education Council of Niagara respecting the City's participation in and contribution to the project of creating and hosting a Niagara community electronic portal. 2004-88 To establish parts on various reference plans as public highways to be known as and to form part of the highways as set out in Schedule "A" attached hereto. 2004-89 To provide for the adoption and approval of an amendment to the City of Niagara Falls Official Plan. (Re: AM-30/2003) 2004-90 To amend By-law No. 79-200, to permit a single detached dwelling to be used as a tourist home. (Re: AM-30/2003, Willi Helmut raxl) 2004-91 To authorize monies for General Purposes (May 3, 2004) 2004-92 To adopt, ratify and confirm the actions of City Council at its meeting held on the 3rd day of May, 2004. NEW BUSINESS Barb Muir- NF Thunder Pee Wee AAA Hockey Champs wpd ~ ~ Community Services Department The City ef Parks, Recreation & Culture Nimbi,ri FI,slIl~l_ Inter-Departmental Memorandum To: Catl~y Crabbe April 14, 2004 Mayor's Office From: Lori-Lyn Albanese Community Development Coordinator Extension 4330 Subject: Council Presentation - Monday, May 3, 2004 All-Ontario Pee Wee AAA Champions - Niagara Palls "Front Row Sports" Thunder Major Pee Wee AAA Team The Niagara Falls "Front Row Sports" Thunder Major PeeWee hockey team recently won the All-Ontario Pee Wee AAA Hockey Championships, in Sudbury, Ontario. At the Sudbury Countryside Arena, the Niagara Falls Thunder team beat out the Mississauga Reps 4-3 in overtime. The Reps had gone undefeated in six round-robbin games and were leading 3-1 with eight minutes remaining in regulation time. The Niagara Falls Thunder team scored two goals, pushing the game into overtime. Justin Shugg, Jacob Noel and Ryan Wiley scored the first three goals. The winning goal was scored by Taylor Beck, No. 66, with 4:13 remaining in the 1 O-minute sudden-death overtime period. The championship game was filled with great plays, solid hits, standout goaltending, plenty of drama and end to end action. Congratulations to the players, coaches, trainers, manager and Association President listed below. Players: Johnson Andrews Taylor Beck Tanner Ferguson Alex Friesen Riley Jakobschuk Jesse Jukosky Cameron McLean David Neudorf Jacob Noel Trevor Parkes Marcus Quinlin Jared Saks Nicholas Sanduleac Aaron Sexton Justin Shugg Ryan Wiley Gary Giajnorio (Head Coach) Jan Calaguiro (Trainer) Jay Micallef (Ass't Coach) A1 Saks (Ass't Coach) Rob Doerrsam (Ass't Coach) Stan Beck (Manager and team contact 905-984-6100) Butch Sacco (Association President) The photo and articles from The Review are attached. Please prepare the plaques and place on the Agenda for Council Monday, May 3, 2004. Thank you. En Wor~in0 Tooet~er to Serve Our Communlt~ cl. cc. Dean lorfida, Adele Kon ~,D'-,~'- iZ!~'c:[ ~"~'.,k ....... 10 Woodgarden Court St. Catharines, Ontario L2M 7C9 March 21, 2004 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Re: The Niagara Flower and Garden Show- June 11, 12 and 13, 2004 In June of this year, Master Gardeners of Niagara in partnership with The Niagara Parks Botanical Gardens and School of Horticulture are hosting a three-day garden show. This will be the first show of its kind in the Niagara Region, and we would like to make a presentation to City Council. We understand that there is to be a meeting of City Council on Monday, May 3rd, at 7:00 p.m. and would ask permission to present the show at that time. We would expect to speak for approximately 5 - 10 minutes, and would be willing to answer any questions that may arise. The presentation would be made by Wendy Chrystian, the Provincial Administrator of Master Gardeners, and I, as Coordinator. We trust that you will allow us to make the presentation, and look forward to hearing from you. My telephone number is 905-934-6137. Yours sincerely, June Streadwick Coordinator Master Gardeners of Niagara :. ,. .... .-,. 1,4A¥ 0 3 200t Monteith · Brown planning consultants 610 PrmcessAvenue, London, Ontario, N6B 2B9 Tel' 5191 686-1300 Fa> f519)681-1690 ZONING BY-LAW ~' [or TheCity of Niagara City of Niagara Falls ZONING BY-LAW REVIEW INTRODUCTION · Purpose of tonight's Provide an Review ,P[oLe~~ City of Niagara Falls ZONING BY-LAW REVIEW INTRODUCTION (cont'd) · Role of the Zoning By-law: Regulate land use and separate incompatible land uses (reduce land use conflicts) Provide measure of control over building size, mass, height, setbacks and permitted uses Ensure adequate parking and loading facilities are provided Implement policies and land use designations of the Official Plan MONTEITH BROWN PLANNING CONSULTANTS City of Niagara Falls 7, ONING BY-LAW REVIEW OBJECTIVES OF THE ZONING BY-LAW REVIEW: · Replace four existing zoning by-laws with a comprehensive document · Restructure the document in a clear, concise and user-friendly format · Develop general provisions that apply universally across the City of Niagara Falls MONTEITH BROWN PLANNING CONSULTANTS City of Niagara Falls ZONING BY-LAW REVIEW OBJECTIVES OF THE ZONING BY-LAW REVIEW: (cont'd) · Reconcile zone classifications and reduce number of special provisions from each of the area by-laws with standardized zone provisions · Harmonize zone requirements with Official Plan designations and policies · Provide integrated map schedules MONTEITH CROWN PLANNING CONSULTANTS City of Niagara Falls ZONING BY-LAW REVIEW PROCESS TO-DATE: · Reviewed existing zoning by-laws and special provisions and identified issues · Focus Group Sessions with key stakeholders from retail, tourism, industrial, and agricultural sectors · Public Consultation: Open Houses & Public Meetings to generate awareness of the Project and obtain input on current zoning issues · Land use survey and parking surveys MONTEITH [gROWN PLANNING CONSULTANTS City of ~ara Falls ZONING BY-LAW REVIEW PROCESS TO-DA TE: (cont'd) · Prepared First Draft By-law · Steering Committee Meetings and consultation with City Staff to resolve issues · Revisions and preparation of 2nd Draft By-law, mapping and special provisions · Reviewed conformity with Official Plan · Finalization of Draft By-law MONTEITH BROWN PLANNING CONSULTANTS City of ~ara Falls ZONING BY-LAW REVIEW DRAFT COMPREHENSIVE ZONING BY-LA W: · Key Features: Logical hierarchy of "TC" Zones for the core tourist area and various sub-districts By-law includes more than 400 defined terms to provide certainty in the range of permitted uses and application of zone regulations General Provisions that apply to all or many land uses, including justified and proven parking standards, loading space regulations, landscaping and grading requirements, etc. MONTEITH BROWN PLANNING CONSULTANTS City of Niagara Falls ZONING BY-LAW REVIEW DRAFT COMPREHENSIVE ZONING B Y-LA W: (co.rd) · Key Features (cont'd): Reduced number of Zones from 62 in the four existing by-laws to 33 in the new Comprehensive By-law Reduced number of Special Provisions by more than 50% (from over 650 to 315) Provisions for holding zones, bonusing of height and density, and temporary uses Implements Official Plan policies and designations MONTEITH BROWN PLANNING CONSULTANTS City of N_~g_ara Falls ZONING BY-LAW REVIEW DRAFT COMPREHENSIVE ZONING B Y-LA W: (cont'd) ~ ·Key Features (cont'd): Integrated mapping schedules for the entire City: ..... ',l/ :~:::: MAP 14 I~ [ '"" "-"~"~' ' -- ~ F"::::l I MONTEITH BROWN PLANNING CONSULTANTS City of NiagaraFalls ZONING BY-LAW REVIEW NEXT STEPS: · Provide copies of Draft By-Law to the public · Circulation of Draft to Region and Province · Public Meeting / Open House · Finalize Zoning By-Law · Statutory Public Meeting · Zoning By-LawAdoption MONTEITH BROWN PLANNING CONSULTANTS City of Niagara Falls ZONING BY-LAW REVIEW DISCUSSION PERIOD... MONTEITH BROWN PLANNING CONSULTANTS [Dean 15rfida: May as Museun~s Monih ............ - ....... ........... Page 1-I From: Kathy Powell To: DI202@city. niagarafalls.on.ca Date: 4/29/2004 2:50:07 PM Subject: May as Museums Month Hi Dean, Just a short note to inquire about having May proclaimed as Museums Month again this year, We will be having a special Museums Month event on May 12th and i'd like to be able to have the Mayor give the public proclamation then. Can this be done? Do you need me to send any additional information. Kathy Hat 12 04 O~:57a Ted ~Ub3b~t'/U p.3 March 2, 2004 Dear Mayor Salci, I am writing on behalf of Cornelia de Lange Syndrome (CalLS) Canada with the hope that you, the mayor of Niagara Falls, will assist our awareness campaign. Cornelia de Lange Syndrome is a rare genetic disorder that affects an individual both mentally and physically. As there are no definitive biochemical or chromosome markers for the diagnosis of this syndrome, research is ongoing to find the genetic cause. Diagnosis is currently made on the basis of clinical observations. Many persons with CdLS go tmdiagnosed for months, or even years. Though there are a growing number of individuals recognized as having Cornelia de Lange Syndrome, CalLS remains relatively unknown to the public. CdLS Canada was incorporated in 1996 and became a registered Canadian Charity in 1997. We are a family support organization with a voluntary Board of Directors_ Our mandate is to ensure early and acouro~tc diagno3i3 of CdLS, to promote rcaooxoh into thc o~usc3 and manifc3t~tiona of thc 3y'ndromo, and to help individuals with a diagnosis of CcLLS and their families. The CdLS Canada office, which serves all of Canada, is located in Fort Erie. There are persons with CalLS living with their families in the Niagara Region and approximately 50 persons with CELLS that we are aware of in Ontario. (One of our current projects is to obtain an accurate census of the number of persons with CdLS living in Canada with their families, in group homes or institutions.) CdLS Canada is a member of the International Federation of National CdLS Support Groups. The Federation hosts an international conference every two years where the medical communities and families from around the world convene. Canada has been selected as host for the 2007 International Conference. CdLS Canada has chosefi Niagara Fails as the host city for Canada's first CdLS International Conference. The second Saturday in May is recognized globally as CdLS Awareness Day. Please help us reinforce this awareness in our community by declaring May 8, 2004 as CdLS Awareness Day. Thank,yo~our consideration, Si.cern/ / /, / . I CdLS Canada Their Future Depends on You APerson with Cornelia de Lange Syndrome (CdLSI may live in your neighbourhood, go to your school, or be part of your family. Yet. because CdLS is a rare syndrome, many individuals go undiagnosed for lno[[tlf~, Ui ~v~rl y~rS. WIth an accurate diagnosis, parents and professionals are better equipped to identify a person's medical, behavioral and social needs. And, with early intervention and proper medical treatmenL most people born with CdLS live well into adulthood. If you know a person who fits some of the signs and symptoms listed below, or who looks like any of the individuals pictured on this flyer, he or she may have Cdl~ and could benefit from our programs and services. If you would like more information to read or share, contact us directly. Help us make the future a brighter place for people with CalLS. · Similar facial features · Delayed growth and small stature · Small hands and feet · Possible upper limb differences · Feeding difficulties · Gastroesophageal reflux disease · .%bsent or delayed speech · Developmental delays Cornelia de Lange Syndrome Canada is a family support organization which exists to ensure early and accurate diagnosis of CdLS, promote research into the causes and manifestations of the syndrome, and help people with a diagnosis of CdLS and others with similar characteristics make informed decisions throughout their lifetime. CdLS Canada is a registered charity and a member of the global federafinn of Ccll~ family support groups around the world. CdLS Canada cdls@bellnet, ca Mar 12 04 00:59a Ted ~Ub~bGG~'/~ ~.b Cornelia de Lanae Syndrome Canada ,Nan~e of org~'~izazicn: Cornelia de Lan=oe Syndrome Canada (CDLS CANADA) Current ConZac~ information: 465 Central A. venue, Fort Erie, Ontario L2A 5V3 905 99,¢-0499 (presidents home number) fax # 905 871-5053 email: qdls~beilnet.ca CdL$ Canada: Mission statement CdLS Canada is a family rapport ergarfisation which eyd. sts to ensure earl)' and accurate diegnosis of CalLS throughout .C, naS p. rese c a.dindividuals, fa e,, ends a.d' ro S nas to ake p~ rot tae ~e~ed pers~ s presmt ~d M~e. C~S C~a m co~2ed to pubfic educa~o~ f~y support s~cas~ · s~emadon ~d pubH~fion of~o~afion ~ding C~S ~d ~e coor~afion ofm~Jc~ c~e ~d saci~ s~c~s for those affected by th~ ~dmme. C~S Canada is a reM~tered c~dw and a member of the ~lab~ federation afC~S f~l~- rapport ~oups ~ound th~ world. ~ ' - A brief ~escdnt~om of ~d~ g ~an~da'~ initin5','eMoro~ram$: 1 ~b~c Education ~d Aw~ene~. Promofio~ of awarenes~ day acfiMties ~d event~ for f~es re,only nation.y. ~d ~fion~y - = -' 2. ~iss~aiion ~d Pubficafion of ~omafion. To m~e av~able bro~es, new~e~ers, pmpMets ~d o~er pub~cafio~ for di~bution to do~ors' offices, hospitals, pubic he~th ~ts, cormW ~g orgamafions_ co~uMW ~lleges, medical sohools, u~emd~s, schools, pubic h~rafies, seci~ aemcies and other pla~s where i~o~ation is readily access b e to ~e pubic. C~S C~da seines as ~e C=adi< ~Mbutor of~cl~ ~d papers pubfished by sden~c ad~snw cnm~e memb~ ~d reac~ tc~ fi ulll ~ C~a~ ~e U around the world. ' - Fo~ Eno, the hmd~mers for the ~tmn~ org~afiot ~ been emah~shed ~ the resour~ cm~e for i~omafiou on C~S. From t~ nafionM cenWe a newsle~ ~ developed, p~ted ~d delivered te ~ members on a qu~ly b~ia. ~ w~l ~ hamg a nafionM member~Mp, a database of f~ies, or~mafions ~d conmbu~g me~ prof~sm~s h~ been developed into a C~S C~a "~v Mbum' 3. Medi~ Care ~d Social S~ces. To devel~ for each pro,race a resour~ book that ~ts all major centres and M~duM professions who ~e ~owledgeable about C~S and ~si~ M ne~orMng of ~o~afion ~d se~ces ~at ~e av~le. To promote ~e d~elopment of a Cma~m ScientZc Ad~saw Council. To coordMate ~u~ cl~c days t~ou~out C~ada ~at help to educate ~d as}ist ~ed pe=ens =d 1hek f~iies ~d refer these mdMd~s 1o appropriate locM ~d re~on~ soc~ pro~ ~d se~Sces. 4. EaSy Su~po~ S~ces. To ~ affe~ persom and thek f~es to other fa~lies d pro~essmn~s. To support re~on~ ~d naUan~ C~S coherences. To msi~ ~es, eapeci~y ~ose in isolaled ~eas. M 5. Financial ~im~ce To offar ~n~ mslstmzc~ to ~emed persons ~d thor fa~lies to a~end rational inremalionM CdLS m~mces. Pfi~dW ~ ~'en to ~t ~e a~eMees ~d f~es requidng spedM~ed sup~o~ of~e Scient~c Ad~iso~ Co~c~ tsuch semices ~e not or.able loc~y. 6. R~se~ch: To keep ~Bes ~d interested profession~s ~omed of the latest rose.ch ~d developments medic~ ~ea~<tffproced~ for ~e~ persons To ~ res~ers to .... · f~es ~ to p~cipate rose.ch projects md to help de~ay costs ~sodated ~th tbs Mvo[vem~r. ' " CdLS Canada is a Cmmdian ReDstered Chadw since Jan P' 1997 · Is governed by a board of diremors thai are voted iu bv a membership throughout Canada. · A.onual general meeting · Operates soleN, on public donations mad fandrhsm~ efforts of our members and volunteers. · Publishes a monthly newslc-tter Ilold~ mum~tl m:~tlonal, confercllce silo provincial gatherings. J 3048 Olden Avenue, NIAGARA Niagara Falls, Ontario. /&8oc A ,xO LaJ 3T7. To all Council Members; ! come before you as a representative of Fibromyalgia Association Niagara. Our Association has been active in the area since 1991 and we became a registered charitable non-profit organization in September/2001. At present we have five active support groups in the Niagara Region. Fibromyalgia is a chronic illness with no known cure and has only started to be investigated and researched in the past 15 years. It has been proven that it is an illness affecting the central nervous system, brain, spinal fluid and immune system. The major symptoms are moderate to severe debilitating pain in all 4 quadrants of the body, overwhelming fatigue, migraine headaches, and multiple cognitive problems. FM affects all age groups and genders but there is a higher incidence in women. The objective of Fibromyalgia Association Niagara and our support groups is to provide meetings and information seminars that offer educational literature, coping strategies, emotional growth, fun, and the support and caring of sharing with each other. During the past year we have provided a resource manual to every school in the Public and Catholic school system. We have also sent out inIbrmation brochures to chiropractors, physiotherapists, massage therapists, and pharmacists. B. N. 87234 3611 RRO001 www.fibromyalgiaassocniagara, org The Niagara Region has a population of approximately 425,000 people. It has been proven that 3% to 8% of the population are affected by Fibromyalgia and it is one of the leading causes of on the job illness. At a minimum that means that there are 12,750 patients in our Region! May 12a' is International Fibromyalgia Awareness Day. We are asking that you as a Council recognize this day. Thank you. Pat Hopkins R.N. President. / RECEIVED Willoughby Historical Society APR c/o Mrs. Marie E. Henry, Secretary-Treasurer 104-8830 Willoughby Drive. Niagara Fall~. Ontario L2G 6 Telephone: 905-295-2264 April 16. 2004 Mayor Ted Salci and City Council City Hall 4310 Queen Street Niagara Falls, Ontario L2E 2K9 Dear Mayor and City Council: We, the members of Willoughby Historical Society, strongly request since it is Niagara Falls' 100~ Anniversary this year. that certain signs be re-erected cntcrin8 Willoughby Township at each end of Sodom Road where they originally were up to 1970. When Niagara Falls amalgamated with Willoughby Towuship. two (2) signs were removed which said 'Welcome to Willoughby Township~. These two (2) signs ,one was situated approximately near Weaver Road and the second sigu was at Snyder coming towsrds Niagara Falls on Sodom Road. We believe thst these signs were taken down perhaps for souvenirs. As we don't waut to loose our Willoughby Heritage, we are asking City Council if it would be possible to have these two (2) signs re-erected stating as follows: "CITY OF NIAGARA FALLS WILLOUGHBY TWP." The WILLOUGHBY name still exists throughout the community for example: Willoughby Volunteer Fire Department Willoughby Fire Department Women's Auxiliary Willoughby Historical Museum Willoughby Historical Society Willoughby Quilters Willoughby Community Centre which is a. heritage building There were four (4) Willoughby Schools that were converted into houses. The Willoughby Historical Museum Being one and a street named Willoughby Drive. We are not sure if this SODOM Road is under the jurisdiction of the City of Niagara Falls or the Region. If it is operated by the Region. would it be possible for the City of Niagara Falls to contact the Region and make our request known. Yours Sincerely, Marie E. Henry. Secretary of thc Willoughby Historical Society~ ~,.~ ~.~.~.~.)' 0 ~ ~00~ Pu. c Scnoo 6624 Culp Street, ~iaOaro Falls, O~ t26 2C4 lelephoae: (905) 354-2333 ti' HaIIp.o. Box 1023 April ~C~VE~ ~ APR Niagara Falls, On Monoucabl. ~ayo~ and ~mb~cs of Council, We wish to express our thanks for the partnership that has developed between the City of Niagara Falls and Princess Margaret School, specifically regarding the organization and implementation of the Kiss and Ride Program. Marzenna Carrick, Karl bran and Tim Burshtein have been particularly helpful and instrumental in ensuring the safety of our children in the A. G. I~ridge parking lot. The program has been up and running since February 16*~, and since the signs have been installed, has been working remarkably well. The by-law enforcement officer was very impressed by the operation when he visited the school on April 6*~, 2004. Thank you once again for your assistance and cooperation. The purpose of this letter is to make you aware of a serious safety concern regarding the students at Princess Margaret School. As a consequence of the closing of biamond ~Tubilee Public School, some of our students are now required to travel along routes where, in places, there are no sidewalks on either side of the road. This condition exists along Corwin Avenue between Stokes 5treat and the driveway at 6135 Corwin Avenue, and on Culp Street, from Corwin Avenue to Carlton Avenue. This area is used by several people throughout the course of the day, including students from Princess Margaret School, young mothers walking their babies in strollers, children playing in the park and elderly patrons of the [lays and Girls Club. In addition, we feel that an Ali-Way Stop at the corner of Carlton Avenue and Culp 5treat would increase the safety of the students who cross at the cross-walk. We respectfully request that you investigate the need for sidewalks along these routes, and the need for an all-way stop at the corner of Carlton and Culp. We look forward to hearing from you: Thank you in advance for your prompt consideration in this matter. Health and Safety Committee Princess Margaret Parent Council vv ~l~n ~ vr, r'l. -*-*-* PARKS & REC [~]002 04/19/2004 14i~$-15~.~-g~1~$~7~ .... ~,.u~','~r..,urw~v~'~ .r.~ ~. ..... NATIONAL AMATEUR BASEBALL FEDERATION CANADIAN HEADQUARTERS 678 Lakeview Kd. Fort Erie, ON L2A 4X1 (905) 871-4908 Mayor & Meazlbers of Council Fax: (905) 356-9083 We are requesting a time slop at the l~xt co~m~il ~ May 3, 2004. We are asking for comideration for the use of the baseball diamoncts at Oakc.s Park on the following dates in 2004 and fumm y~rs: Jmae 17~, 15~, 19th July 15, 16~, 17~ July 22~, 23~, 24~ Anytime mould be appreciated even if it only means o~e or two games a day. i have submitted the nc~e~.,'y permits with the Parks, ReOr.~_ ~oza & Cttltrue Canter. I have been doing business with thc Howard John.son Express Inn since 1998 (Sam Di Carlo) Ho~pit01ity Motels Limited (Eli Com~o Fami _k,), Candlelight Motel (Ralph Biamonte) and The Renaissance Fallsvi~v Hotel (Mr. Sax's). Thanking yon in advance for your consideration. Ditw..Ctor ofCan.~rli~n Ope. ratiom NA}Sl~ Community Services Department A ,-.=~...~ ~,~ . Parks, Recreation & Culture ThcL. ity ut , Adele Kon · _ I~J~ll~ . 7565 Lundy s Lane Director NK]gorO ~-olIs~J~,~i~' Niagara Falls, ON L2H 1G9 Con~~' web site: www.city.niagarafalls.on.ca .~11~~' / Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon ~city.niagarafalls.on .ca April22,2004 SENT BY MAIL AND FAX Renegade Baseball Mr. William Maksinuk 678 Lakeview Road Fort Erie, ON L2A 4X1 Dear Mr. Maksinuk: The Parks, Recreation & Culture office is in receipt of your permit applications to use Oakes Park and Chippawa Lions Park for baseball games hosted by the National Amateur Baseball Federation dated March 29, 2004 and received April 1, 2004. There are four permit applications for the following dates: June 17th-June 19th, 2004 July 1st - July 3ra, 2004 July 15th - July 17th , 2004 July 22nd - July 24th, 2004 We are also in receipt of your letter addressed to the Mayor & Members of Council requesting consideration be given to your organization's use of Oakes Park for dates in 2004 and future years. This letter was faxed to our office on April 19% 2004. We note from your letter to Council that you are requesting an additional consideration for July 29th - July 31st, 2004. Please note we are not in receipt of this permit application from your original request of March 29th, 2004, nor have we subsequently received a permit application for the use of Oakes Park for this period of time. The Parks, Recreation & Culture office has reviewed your permit applications for the four weekends that were submitted on April 1st and the additional weekend request identified in your letter to the Mayor & Members of Council. As part of the Parks, Recreation & Culture office's process for issuing permits for the use of City athletic fields, City Council approves the issuance of permits and the schedule prepared each spring by our staff. This approval was given on April 5, 2004. Staff prepares a Special Event Calendar for the use of all parks and a Games & Practice Field Use Schedule for baseball diamonds and soccer pitches. User groups are typicallyissued a blanket permit that will allow them to schedule their practices and games on identified fields for specified time blocks for the duration of the summer months. In addition, we issue specific permits that cover the Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services - 2 - April 22, 2004 use of certain facilities during specified time periods. These Special Event permits will complement a blanket use park permit, or in some cases, superccde the blanket use permit. It has not been our practice to issue a Special Event permit that would supercede a community organization's blanket permit without the consultation and support of the said community organization. With respect to permits for the 2004 season at Oakes Park (Diamond # 1) and Chippawa Lions Park (Diamond # 1) that have been approved and are being issued, we wish you to note the following as they relate to your specific requests: 1. A blanket permit has been issued to the Greater Niagara Baseball Association to use Oakes Park # 1 for the summer season (May 17m - September 12th, 2004). The permit covers the weeklytime period of Sunday through Saturday, 9:00 a.m. to 11:00 p.m., excepting Sundays, 9:00 a.m. to 12:00 p.m. and 6:00 p.m. to 11:00 p.m. 2. A blanket permit has been issued to the Greater Niagara Baseball Association to use Chippawa Lions Park # 1 for the summer season (May 17th - September 12th, 2004). The permit covers the weekly time period of Sunday through Saturday, 9:00 a.m. to Dusk, excepting Tuesdays and Fridays 6:00 p.m. to Dusk. 3. A blanket permit has been issued to the Chippawa Indians Old-timers to use Chippawa Lions Park # 1 for the summer season (May 17th - September 12m, 2004). The permit is for Tuesdays and Fridays 6:00 p.m. to Dusk. 4. A blanket permit has been issued to the First Niagara Old-Timers to use Oakes Park # 1 for the summer season (May 17th - September 12m, 2004). The permit is for Sundays 9:00 a.m. to 12:00 p.m. 5. A blanket permit has been issued to the Niagara Falls Falcons Seniors Baseball Club to use Oakes Park # 1 for the summer season (May 17th - September 12th, 2004). The permit is for Sundays 6:00 p.m. to 11:00 p.m. 6. A Special Event Permit has been issued to the Canada Day Committee for the use of Oakes Park on July 1st, 2004 from 7:00 a.m. to 2:00 p.m. This permit also includes a mad closure of Morrison Avenue. 7. Special Event Permits have been issued to the GNBA for Recognition and All-Star events in their organization on July 2nd and July 3rd, 2004. 8. A Special Event Permit has been issued to the GNBA for a tournament for the period July 15th to July 18th, 2004. The permit is for both Oakes # 1 and Chippawa Lions # 1. 9. A Special Event Permit has been issued to the GNBA for a tournament for the period July 22"d to July 25® , 2004. The permit is for both Oakes # 1 and Chippawa Lions # 1. After reviewing the permits already approved for issuance, the Parks, Recreation & Culture office does not feel that it can accommodate any of your application requests without unilaterally rescinding some part of another User Group's permit privileges. We are not prepared to do this. - 3 - April 22, 2004 As I, and members of my staff, have remarked to you on several occasions over the past year when you have requested the use of our fields, the City of Niagara Falls has a number of User Groups with whom we have had long-standing relationships to use the City athletic fields and we continue to feel that it is in your best interest to discuss your needs and to make arrangements with said groups to access facilities that have traditionally been permitted to them. If you have any further questions, please feel free to contact myself. Adele~Kon ~Yours truly, Director of Parks, Recreation & Culture Ext. 4507 SH/das cc: Mayor Ted Salci and Members of Council S APermits~Baseball~B as ebal12004~etter Bill Maksinuk re no ball diamonds.wpd Memo To; Dean Iorlida City of Niagara Falls From:Harry Oakes Fax~ (905) 356-9083 Date: Apdl 21, 2004 ~ ~o.~e~ Re: Clifton Hill B.ImA. Please find enclos( d our Clifton Hill B.I.A. 2004 budget and 2004-2006 board membership for submissi in: to :ity council for approval. The proposed bu( get )esults in a tax levy of $20,000, which is a slight reduction from the previo~ s year. 'Should you require fl. lrth,;r information please do not hesitate in contacting me at (905) 357-5911. I wou d like to thank your for your assistance in co-ordination of the E,.I.A. matters. CLJiFTON HILL B.I.A. 26D4 3UDGET PROPOSAL SIGNAGE TOPS Highway Sig talge $10,000 13us 13ench Signage $10,000 Clifton Hill Barmen $ 5,000 $25,000 MAINTENAN£ E Sidewalk Repairs $ 5,000 Tree Lighting & Wi le:SnL $ 5,000 Street Furniture Pail ting $15,000 $25,000 TOTAL BUDG] :~17 $50,00O 2003 Funds l. Jnallo a'led $30,000_ 2004 Tax Levy $20,000 CL {FTON HILL B.I.A. BOARD MEMBERSHIP APRIL 2004 1Name/Busines; Phone # Fax # Canadian Niagara ld ot~ls (905) 374-4446 (905) 358-0443 Dino DiCienzo J! Ext~ # 4001 Gulness Museun (905) 356-2299 (905) 356-8614 Sally Peck Hill Top/Pilgrim M, t~ls (905) 354-5443 (905) 354-8086 Scott Paton itOCO Limited (905) 357-5911 (905) 358-5738 Harry Oakes House of Frankens el a (905) 357-9660 (905) 354~1081 lan Paul Niagara Clifton Gr~ Ul) (905) 357-2200 (905) 357-0423 Charlie Burland Ext. # 6604 Ripley's (905) 374-6601 (905) 374-7345 Tim Parker Ext. # 224 ~ Tel.: (905) 354-0606 ~ P.O. Box 5, Fax: (905) 354-5541 .L~OWII[{,.~wn Niagara Falls, Ontario ' ' N 'araF " - Board of Management April 29, 2004 Mr. Dean Iorfida, City Clerk, Niagara Falls City Hall, 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON Dear Mr. Ion'ida: At our Annual General Meeting, held Thursday February 12,2004, we discussed the possibility of increasing our budget and deferred this matter to a later General Meeting. As per our General Meeting, held Wednesday April 28,2004, we are pleased to proffer the attached budget as laid out and approved by the members for the year 2004. Please contact me at (905) 354-5604 if you have any questions or concerns. Sincerely, Kurban Lalani Chairman. /dd ,,~ ~,~,-,, ,,,~'.~i?~AY 0 3 200~ www. niagarafallsdowntown.com bia~niagarafallsdowntown.com Downtown Niagara Falls: Where Variety Makes the Difference ~ Tel.: (905) 354-0606 .~ wn[.~r~o--~-~-~-wn P.O. Box 5, .Fax: (905)354-5541 Niagara Falls, Ontario dbia~cn.ai~n.cc,.'n N agaraFan8 L2E 6S8 ......... ~ ............ ; ..... r~,, .... Board of Management Niaflara Falls Downtown Board of ~anafl~mont 2004 Budflot Advertising & Promotion 25,000.00 Beautification 25,000.00 Staff Wages 25,000.00 Revitalization 39,000.00 Liability Insurance 3,500.00 Rent 2,400.00 Postage, Copying, Phone, Office 5,000.00 Professional Fees 50,000.00 Meeting Expense 1,300.00 Misc. 2,500.00 Shortfall on property tax appeal 1,300.00 Total $180,000.00 www.nia(iarafallsdowntown.com bia~niaga rafallsdowntown.com Downtown Niagara Falls: Where Variety Makes the Difference The City of Clerk's Department Niagara FallsI Inter-Departmental Memorandum Canada To: Mayor Ted Salci Date: May 3, 2004 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Downtown B.I.A. Council received, via e-mail, two letters from Mr. Carmen Tartaglia, which are attached for your information. In general terms, Mr. Tartaglia's concerns are over spending on lawyers and consultants in the Cell Block case, the three-fold increase to the B.I.A. budget and the legitimacy of the Downtown Board. As Mr. Tartaglia mentions, he had submitted a letter of protest when the new Downtown Board was elected early this year. At the time I prepared report CD-2004-05, Ratification of Downtown Board of Management (see attached). The report never went to Council because Mr. Tartaglia withdrew his letter of protest. The particulars of my report still apply: there is no obligation for municipal staff to "referee" B.I.A. disputes or oversee B.I.A. elections and meetings. the Downtown Board has a constitution in place which outlines procedures on voting, proxies etc. there is a renewed interest in the downtown. There are new members on the board and, the fact that the Board is looking at a substantial increase in their budget, shows a more proactive approach then in recent years. It should also be noted that although Council does have the authority "to refuse to appoint persons selected by the members of an improvement area", Council approved the slate of officers forwarded by the Downtown Board of Management at the March 8th meeting (see attached). Wor~in~ To~et~er to Serve Our Communit~ Carmen Tartaglia 6808 Cherryhill Dr. Niagara Falls, ON L2E 5N1 April 26, 2004 E-Mailed & Hand Delivered TO: Mayor Ted Salci & Council Members RE: Downtown Board of Management General Meeting Scheduled for Wednesday, April 28 2004 A General Meeting has been scheduled to discuss and ratify an operating budget for 2004. I strongly request your assistance in reviewing the legitimacy of this existing board. Accompanying is a letter dated February 23, 2004, which I originally intended for your action. However, at the last minute, I asked Dean to withdraw it from the agenda as I felt the downtown needed cohesiveness at the time since our fight against the Cell Block was close to resuming. Unfortunately, too many things have since transpired and I now am fearful of this Board (which I still feel is illegal) continuing to operate. In part for the following reasons: At the General Meeting of February 12, 2004, (attended by Mayor Salci and Alex Herlovitch) the majority voted to pay John Hopkins' outstanding legal bill and continue using his services as our lawyer at the AGCO hearing resumption regarding the Cell Block. The new- Board immediately reversed the decision to keep John Hopkins and paid him only after he threatened to sue them and subsequently retained a Toronto la~vyer at a much higher fee. The case was adjourned without resuming. No new date has yet been set and this new lawyer has already been paid ten thousand dollars. The new Board is suggesting the hiring of Redevelopment Concepts International (RCt Consulting) to assist in the fight against the Cell Block for a suggested fee of over ten thousand dollars. Much of what they are proposing to do has already been done by John Hopkins and in the form of testimony at the hearings to date. The company is already contracted by the City doing the CIP and the opposition is sure to question the possible conflict of interest of such a witness The new Board is proposing to triple property owner's BIA levies to form a budget of one hundred eight3,' thousand dollars from its current sixty thousand dollars. I feel that some of these Board Members are sitting illegally as they do not pay a portion of this levy and consequently would suffer NO financial consequence from raising it. Myself and my partners have now accumulated 6 properties along Queen St. consisting of 10 stores and 30 apartment units. We will suffer the financial burden of any decisions made by such a Board. I respectfully request this Council review the legitimacy of the current Downtown Board, take the necessary steps to dissolve it and require a new election be held. At that election, it is imperative that City Clerk Dean Iorfida be present to scrutinize voting so that only qualified voters are allowed to vote. Further, that no one be allowed to sit on the Board if they are in City tax arrears. Yours truly, Carmen Tartaglia c/o Roberts Jewellers Queen St. Phone: Bus. 905-354-2551 Res. 905-356-3183 Cell 905-327-2788 cc: City Clerk Dean Iorfida Alex Herlovitch Carmen Tartaglia 6808 Cherryhill Dr. Niagara Falls, ON L2E 5N1 February 23, 2004 HAND DELIVERED TO: Mayor Ted Salci & Council Members RE: Downtown Board of Management Election Held on February 12, 2004 1 xvish to draw your attention to election violations that I feel occurred at the Do~vntown Board Election held on February 12, 2004 and should render the election results invalid. I have reviewed the Municipal Act of 2001 prior to writing this letter. In my opinion, the voting and results now appear to me to be in violation of the Municipal Act Part V entitled "Business Improvement Areas". At least two sections were violated: Sec. 204(4) Who is a Member. and, Sec. 204(6) Who can Vote. It now appears to me that only one owner of a property can vote (even in partnership situations) and you have to be an owner in the BIA in order to be elected to the Downtown Board. I would submit these two sections were confusing to myself, my wife Anna, and others at the meeting. I now realize that we and others inadvertently cast votes that night in violation of the Municipal Act. In addition, it appears to me that some elected Directors are in the same predicament. In the case of myself and my wife, we own in equal partnership with Sal and Mary DiPietro, 5 commercial properties on Queen Street and apparently only one of us can vote and only one of us is eligible to hold an elected position as a Director on the Board. I have spoken to Sam and Angie Stevens and they both voted on February 12, 2004 when in fact it appears only one was entitled to do so. In the case of the Queen Street Medical Building and Pharmacy, I believe that elected Director, Dr. Joanna Hill, could simply be a tenant and not listed as an owner on the Property Assessment thus rendering her ineligible to be elected. The same is true for elected Director Naomi Furmston as she is only an Associate of Martin Sheppard Fraser not a Corporate Partner. At the meeting, proxy votes were presented by Scott Rogers and Mordecai Grun on behalf ot7 at least 13 people. I suspect some of these people were not eligible voters under thc Municipal Act definition of "Who can Vote". ?',,~'o,J.i~,'~i MAY 0 3 200t~ As I mentioned earlier, we own 5 properties, which consist of 6 businesses and several apartments. We are also tenants in the operation of Roberts Jewellers. We have a substantial cash investment here and obviously have nothing but the best interest of downtown at heart. I have pointed out several violations of the Municipal Act which in my opinion occurred and would make the February 12, 2004 election results invalid. Therefore, I feel it is incumbent upon you as Council to require that a new election be held. I would respectfully suggest the following: ,, The election be held under the control of a City Hall Representative who would possess a list of all assessed owners so that any individual receiving a ballot is verified against the list (proxies should also be verified against the list) Any eligible person seeking office is confirmed as having their property taxes paid, as it xvould be hypocritical of anyone to suggest that they have the best interest of Downtown in mind while they are in arrears If you have any questions, please feel free to contact me at 905-354-2551 or 905-356-3183. Yours truly, Carmen Tartaglia cc: City Clerk Dean Iorfida 199. Quorum -- A ntajority of th~ membet~ of a municipal service beard 2~. 1) Useofr~e~ues~spiteanyAcLam~cipal~~1 3. ~e~erci~of~ypow~asamem~rofa ~chbedco~rat~on u~ the revenues g~ted by a municipal ~ for ~ ~ti~ ~d 4. ~ acquisifon of~ mle~t in. or gu~ or exercise of any power maintenance of t~ municipal s~lce ~ for t~ ~mbli~ of ~e ~ a hol~r of. a p~ secud~ of a prescfi~d co~ocation aulhonzed by the m~cipaiity for ~e p~s of ~ ~c~ ~e. (2) Se~ ~ Wi~om l~iting subscc~on f t) a ~gula~ion under ~is section (2) Transfer of su~lus ~ ~ ~ovidmg f~ ~e ex~ ~ ~ may, ~tion (1). a ~d ~1, wh~ ~u~ by ~e m~a~i~, pay ~I or p~ of~ (a) ~6~ ~d de,me co~tions lo which ~is section a~]l~: ~u~t~ revenues to ~c m~c~ md ~ ~o~ p~d ~ p~ of ~ g~ ~n~of~cm~ic~pali~*. ~) ~ ~d gov~ ~ ~wcm of m~cipalitJcs in relation tc~ ~h~ . prc~fi~d co~o~, incl~mg prescribing the p~o~s ~or ~h~c~ 201. (1) tnforma~on to ~ pro,deal ~ A ~ s~ll. a~ ~ ~s and ~ ~ ~wc~ may ~ cxc~ised. ~sing con~rions and lim~lation~ on tb~ requested, ptoxqde ~e m~cipaliw wi~ i~o~fi~ ~ by ~ ~we~pre~fib~gml~ m~lalion 1o the use of ibc power: (2) Public in~e~on ~ A mumcipality sh~ ~mbllsh ~d ma~n a ~t for (dj pr~d~ ~ ~s for which prescn~d co,rations maF canv public i~ction of ~e ~qu~ement~ il h~ impo~d on a m~i~ ~ ~ b~s; under sub.etlon (I) (c) impo~ ~ndifions ~d mt~ applicabie to prescribed co~mno~r~ and ~,~ 20~. (1) Joint municipal $er~ce boards ~ Two or more m~iB~ may ~e ~[o~ ~d o~ce~ of ~c~d co~rations: enter into a~eements to cs~blisb a joint municipal ~lce ~d ~d to p~vMe (0 ~fi~ ~ti~ for ~e pu~ of p~agraph 4 of subscc:i~m ( 1 ) and [or ~se alaRers which, in the opini~ of t~ p~ci~g m~cip~ifi~. ~ p~ ~ ~t ~]y to ~se necchi, or desirable to facili~te the es~li~t ~d ~mfion of ~ jotul ~) p~e ~t p~n~ co~ora~ons ~e or ~c not local bo;ntis or ~c or municipal se~,ice ~d. ~ ~t ~g public utilities for thc p~ose of any Act or ~v ~ifi~ p~ion of ~v Acl. wi~ such modifications as ma) (2) Same ~- Diffe~nt p~ci~fing mumcip~ti~ may give consol ~d ~ m~g~eul of differ~t m~ci~l se~'ices to ~e s~e ~mt m~ci~ ~e ~) exit a m~ici~li~ ~m the application ~>f s<tions t06 and 268 board and may give tonal and m~agem~t of differ &~ of ~ ~e m~icipaise~'iceto~s~e~ointmmficipal~ice~, (i) ~de for ~y ~ition~ roarers minted to ~e exe~ise by a (3) Powers. etc. ~ Subj~t ~ sub~tiom (4) ~d (5). ~ pm~iom of ~ Act mm~iW orp~ co~m~ons of ~we~ under ~ section ~mt ~p~y to m~icipal ~w~ce ~ also apply ~ ~ ~i~ :o joint m~icipai semite ~. {3) Co~c~ - If ~ ~ a co.itt ~tween a regu~tion ~der ~:s secSon (4} Consent r~uired -- Exert where o~e~se s~ifi~lly p~vided in ~y ~n ~r ~ ~aon prev~ls. AcLanactionofam~cipaliw~latcd to~exis~g~p~jointm~ci~ (4) Ex~floas ~ A ~gulation u~ ~is s~tion do~ not apply to a seance ~ard is of no eff~t uffi~ the ma~cipali~ obum~ t~ ~m of ~ ~e ~ ~ ~ ~ti~ 142 of ~e Elec.tmcL3 .4ct, 199~, s~tion l 3 off}er pa~icipaling m~icipailties of which ~e board is a l~al ~aM or ~ ~ a }~alboard~q a result or.e action, of ~ H~ing D~elo~em Act, s~fio~ 10g ~d I~ of tMs Act. a local ~mg c~n ~er Pm ~ of ~e Social Housing R~bm~ Act, 2~00 or m~v (5) Exception ~ Despite subs~t~on (4). ~ a~ent ~d~ sub~fion (l) ~ ~ a m~ci~W is exp~ly auto.ed to mco~mte, es~bbsh m~lcipalities is not requi~d ~er subsection (4) or where only ~e c~t of the ~icipalities specified M &e agre~ent is re~ed ~er suction (4). B~ines. v Improvement Area.~ Powers to E. smb&~h Co~oratiom ~. (l) ~fl~ of Mpr~*mat area - A l~'al m~ici~ah~ may 203.(])Regulations re:c~a~o~s~e Lieut~l Gov~or~ C~Jl d~i~ ~ ~ ~ ~ ~pmvm~t ~a ~d may es~blish a bo~d maym~e~gulat~onsgoveming~efollowingactiv~ti~byam~icip~lw: (a) to ov~ ~ ~ov~ ~amificahon and ma~ate~cc m~ic~y~ I~ ~fl~gs ~d s~c~s in t~ ~ea ~yond ~ et ~ ~ of~e ~cipality g~rally; and (b) to promote the area as a businex¢ or ~opping area. (3 } Limitations -- A board of management shall col. (2) Corporation -- A boa~ of management is a ¢ot~ratlo{l coaaist~g of the (a) spend any money unless ~t is included in the budgel apprl~x ed by the number of directors ~lablished by the mmlicipality, municipality or in a reserve Ii:nd e~Iablished undo: seclion 4 I (3) Composition -- A board of management ab. aU be co~ ~f, (bl incur any indebtednes.g exlending beyond the cl~rrent year xvlthm~* thc prior approval of the municipality; or (a t one or more directors appoLmed directly by t}~ municipality; and {c) borrow money. (b) the remaining directors ~tected by a vote of th~ mc'mbcT~ of I~ improvement area and appointed by tho m~lllcipality. (4) Limitatiolls ola power Section 65 of the (~tlrarlo ,~lu*ll( and section 401 of this Act apply to thc municipalily's approval (4) Membership -- ~vlembe~ of an improvement area cmlsLnt of l~ytaoua who (b) in the same rrmnner a.~ if it ~¢re incurring a dcbl of thc municipalit) are as.~eased, on the last returned a~sment roll. with respect to rate. able propelW in the area that ls in a prescrihed business prope~ class arid tenants of sa~l 206. Notice .-- A bo~d of managemem shall gtxc reasonable properS, clause 204 (3) (b) crt subsection 205 (i), (5) Determining tenancy -- In determimng whether a person is a tenant or not. the clerk of the municipality may accept a list provided under clauae 210 (2) 207. (1) Annual report -- A board ~f management shzlll submit (b) or the declaration ufa persua that the person is a tenant asld the detexnninafioa reporl for the preceding year lo council by the dar~' ;md m ~he form required of the clerk is final lhe municipality and the repor~ shall include audited financial statcm~-nts. (6) One vote- Each member of an improvemelat ar~ has one vote mgatdl~s (2) Auditor -- The municipal aadit~{ is the auditor of each b~z~rd of area. 208. (l) Funds to be raised The munlcxpalit5 shall annually mi~c writing one individual to vote on behalf of the corpomlion, interest payable by the municipalil} on money ,~?rowcd by it t~r the purposes of the board of managemem. (8) Joint nominee -- Subject to subsection (6), ~ individ~J malt he aated for voting pmpos~ by two or mom coaporahon~ tkat are membem of r,.a (2) Sl~eial charge ~- lbe mumcipalit,, may establish a six'c/al ,:barge f~r thc (9) Refumi to appoint -- The murficipaliry may mfusu m appoint a per'aon (a) by levy upon rateable property in the improvement area tha~ i~ m a ~elemed by the raemhets of an improvement ama, in which ease the m~ prescribed business propce~y class: or may leave the positron vacant or d~rect thai a meeting of ~ members of the (b) by le:'y upon rateable pr~erry ia thc impro';emcnt are~ thru is m a as the term of the council that appointed them but coutinue~ unffi their succ~ proscribed class if the resulting led ~s equitable in accordance x~id~ thc (1 I) Reappoiulment -- Directors are eligible for reappoml:m~mt, acliwties related to lhe improvement area (12) Vacancies -- Sub. iect to subsection (9), ifa vacancy occurs for any cau,,;e, (3) Minimum and maximum charges ~ - The municipal*t~ may cs~ahhsh a the raunicipali~y may appoint a person to fill the vacancy for the unexp/md muumum or maximum charge or b~th, expressed £or one o~ m,,re scpara~el? :Z05. { I) Budget -- A board of management shall submit a proposed Imdget for (a) percentages of the assessed value of rateable propcrI) m thc impro~ ement by the dale and in the form required by Lhe municipally', too) dollar amounts; or (2) Council to approYe -- ^ {0oard of management shall submit the approved (c) percentages oftha board of managemenfs aanaat b~dgm. budget to council by the date and in the form required by the mmUeipality a~l the municipality may approve it in whole or in part but may not add expendim~ to it. 128 129 (4) Effect orby-law- When a by-law under subsection(3)is ~ three, (3) Obj~ns ~ A m~icipallty shall hal p~s a by-law refe~ to m (a) the amom,~ of a ch~gc levied in a ye~ ~ sub~ti~ (2) shall ~, su~6~ (1) fi, wh~ calcuia~ for ~ individual pr~ in the p~fi~ c~ to (a) ~tten objecfio~ ~e ~eiv~ by the clerk of ~e m~ cipali~ wi~in 60 whmh it applies be le~s t~n or greater ~an the ~o~t of the ~plic~l~ ~ys af~ ~c ~st ~y of ~ling of ~e nolic~s; minim~ and maximum chic for the prosy ~bli~ ~der ~ (b) tM obj~ti~s have ~n sign~ by al lc~ one-~ird of the total number by-law: and of~ ~fitlcd lo ~ticc und~ ~bsec~ion (1) and a~cr clause {2) (b) if nec~sa~' for a fiscal year to raise Ihe amo~ ref~d to in sub~fi~ ~d (1) because a minimum or n~ximum ch~gc ~lies to one or more (c) ~ objecto~ ~ ~sible for. scparalely asse~d prope~ies or categod~ of ~ralely ~ (i) in~ecaseofapr~oseda~itionto~exisungimprovemcmarea, propc~ms in the pre~b~ class, the municipali~ s~ll for t~ y~ (A) at [east o~-~ird of ~e ta~ leaned tbr pu~os~ at ad usi ~y charges a~licablc ~o ~e remaking ~divid~l pr~ai~ or gene~t 1~1 mumcipMi~ le~' on ~tcable propc~y in subciasse~ of properties in thc presc~d cl~ by ~jasling ~e p~b~ bus.ess p~peny elates in the lmpcovemml ama, ~rcemage or percenlagcs of a~scssmeat establls~ed under ~ubsection (2} ~br ~osc properties, iB} at le~ one-~ird of ~e t~x~ levied for pu~oses of ~e i5~ Exclusion ~ Sec~ioa 210 does no~ apply to an adjus~ent made ~der genial l~al muntcip~i~' le%' on rateable pro~y m all clause ~4) (b) pr~fi~ ~siness pro~ classes in t~ ~graphic ~ the (6) Borrowings - If only a pan of money bo~owed by ~e m~icipali~' in pro~ed by-taw wo~ld add ~o ~e existing improvemcm any year for thc pu~scs of a board of managemenl ~s required ~o be r~aid m or d~a~ year ~ a sub~equem year, only tibet par~ ~d any interest payable on the ~om[ (ii) in all o~cr ca~s. at least oae-~ird of ~c t~cs levic~ for pu~*ses ~moum shall be included in ll~e levies under ~hls seclion in ~a~ year or sub~nl of the gcaer~ t~al municipality levy on rateable ~ropeny m ali year. rcspect~ el} ~c~fi~d ~ss pr~ny clmss~ ~ ihe improvemcm ',7~ Deemed taxes Charges lexicd under Ibis section s~all be d~mcd to ~ (4) Wi~draw~ of objecgons ~ If suffici~I ~>bjcclions ~e wnhdra~n ~axcs en propen} lk~r municipal pu~oses and s~lion 349 appli~:~ to ~he chases. ~ wi~in ~e 60-~y ~fl~ refcaed to in clause (3) (a) su that lhe 209. (hanses ~o boundary - The mumcipalily may alter ~e bounces of s~ out in clau~ (3) (b) or (c} no lo.er a~v t~ municipa ty may pass ~he m~ improvement area and ~e ~d of man~emem for IMt impr~'emcm sea is c m~inued a~ lhe board of managemcm tbr the altered area, {5) Deter~on by clerk ~ ~e c[~k sMli dele~inc whe~cr ~c 210. {I) Nolice ~ Bcibre pa~amg a by4aw ~der s~ction 2~ (D. c}~ ~ ~t m ~on (3) have ~n mci ~d, if they ~c, shall i~ue a 208 (~) b . sub~cmm -08 (.~} or ~eclion 209. notice of the ~osed by-law sh~l ~t ~t be scm by prepaid rna~l re, thc board of management of thc impmvemem ~ea. if (6) Deter~afioa ting --- ~e detemmtion by Ihe clerk is final anx and :o crcD, person who, en the l:~sl returned assessment roll. is ~essed for Ill. (1) Re~ ~ by-~w ~ Co~cil shall g~ve notice m accordance with rateable propc-rty thai ~s m a prescribed business propem' class which is located, s~sec~ 210 (l) of a pr~sed by law lo r~ea a by-la~ u~der a i where ~lnc ~mproxemcm area already exi~Lq, iD tl~c improvement area ~d 2~ (t) ff~e m~ici~liW ~ received, m any geographic area flw proposed by law would add m the improvcmem area: and (a) a m~lutmn ~m ~e ~aM ofmm~agmcm requ~t:ng ~e reI~a[: ~b} where a ne~ improxement area would be crca~ed by the propo~d by-~w. (b) a ~quest for ~e r~[ signed by ~so~s who me res~siblc for at ' one-~d of ~ roes iemed for p~ms of ~he gmeral local in tbe pfopt~sed impmx ement area mmci~iw le~ on m~able pm~ny in all prescn~d busine~ prope~y (2} When notice receiv~ ~ A person wlm receives a notice under ~bseclion cica M ~e ~pmv~ent ama. ([ shall within 30 daw after tke nolice ~s mailed. (2) S~tem~t ~ A ~n si~ing a ~est und~ clause ([} (b) sEait (a} gixc a c{-~p5 ,~f the notice to each tenant of the prope~' to which the ~l~o~tofm~ ~m~blepmp~mthe~ea~at thereon ~reqmrcdto nonct: relalcs xxho IS required lo pay all or pan of the taxes on ~e ~y. pre,peru': and (3) ~me ~ Co.cfi s~ll give the nolice ~in 60 days a~er ~eceivine (4) Repeal -- Council shall repeal the by-law under subsection 204 (1) if 214. (1) l)tsr, oluttola of board Upon tlw repeal of a by-law under re:quests for the repeal are received by the clerk of the nmmcipality withi~ 60 days subsection 204 (Il, the board of management is dissolved and the ass~..ls and after the last day of mai[Lng of the notices and, liabilities of the board become the assels and liabilities of the manic ipality. (ay the requests have b~n signed by at least on,half of ~ ~ number (2) Ltllbllifies exceed assets -- If the liabilities assmned under subsection ( 1 ) of persons emitled to notice under subsection 210 (1) and under clause exceed the a~ets assumed, ~: council may recover the difference by imp~.qng a 210 (2)(ay; and charge on all ~le pro~rty in the former improvemem area flint ts tn a (bY thc, se who have signed the requests are m,~ponsible for at least 50 per cant prescribed busmess property claes. of the taxes levied for purposes of the general local municipality le~ on :215. Regnlatloas -- The Minister may make regulations prescr/bing one or rateable property in all presert~d b~ine~s prope~ classes in Ibc more classes of real property prescribed under thc .4a:~e.*sment .4ct as busines~ improvemem area. property classes for the purpo~s of sections 204 to 214. (5) TLming -- The r~:aling by-law must come into forc~ on or December 31 of the year m which it is pa~sed. (6) Reqnasts withdrawn -- If .mfficient requests are withdrawn in writing Dissolution of Local Boards within the 60-day p~iod referred to in subsection (4) ~o that either condition .~ Dissolution of local out in that sub.section no longer applies, ttm municipality is not required to rel~al the by-law. 216. (Il De~fittnn -- In this section. (7) Determination by clerk -- The clerk shall determine whether the "local board" includes any body performing any public functi~m prescribed coati/lions set out in clause (I) (by and subsection (4) have be~n met and, if so, regulation but does not include a police seaMces board shall issue a certificate affirming that tact. {2) Btssolution -- Despite any Act, if a local board is a local board of a single (gl Del'ermin~fion final --- The determination By the clerk is final, mu~cipality, the municipality may by by-law disqolYe or make prescribed (9) Restriction -- If the conditions of subsection (4) are not satisfied, council changes to the local board. is not required to give notice under sub~ection (1) lin response to a resolution or (3) Joint local boards -- Despite any Act, ifa local board is a lo~-al board of request for a period of two years all, er the last mailing ofthe notices, two or more municipalities, any of the municipalities may pass a by-law lo ( 10t Non-application - - No requmxn~nl under this section or under section dissolve or make prescribed changes to the local board 210 applies to the repeal by a municipahty on ils o~.m initiative of a by-law under (4) Resl:rietlon -- Before passing a by-law under this .'.cctmn. the mtmicipaYt~, subsection 204 (1) shall give notic~ of its intention to pass the by-law to the local board. 21~. Effect of by-law -- A by-law pas.~,ed under subsection 204 I Il, sub- (5) Coming into force -- A by-la'c,- under subsection (3) does not come sc~ctinn 208 (2) cr (3). section 209 or subsection 2Il {4) is not invalid by reason three until at least half of the mumcipalities, excinding the nmnicipality which 0nly that, passed the by-law, have passed a resolution giving their appro~ ai to the b?taw. iai a person reqmred to give a cop?' of a notice to a tenant or other (6} Amendments, repeal -- When a By-law undet subsectit.m information to the municipality m~dcr subsection 210 (2) has not done so; force, the by-law shall be deemed to be a by-law passed under subsection (3) by (bt thc objccfion~ referred to in clause 210 (,3) (by have not been signed by at each of the mumcipalities and may only be mended or repealed by a by-lax~ least one-third ut the total number of pe~ns entitled to receive notice passed in accordance with subse:ctions {3) and (5). under subsections 2 !0 (1) and (2) became a person required to give a (7) Regelafion~ --For the purposes of tins section, the Mm:stet ma>. despite copy of the notice under subsection 210 (2) has not done so; or any Act, make rt:gulatlons, (c) the req~JesL.~ referred to in clause 211 (4) (ay have not been signed by al least one-half of the total number of per~ons entitled to notice under (ay prox4di.ag that any body pertbmting any public fu.nctmn is a local board; subsections 210 (1) and (2) because a l~rson required to give a copy of (by providing that a local board ts a local board of the municipality spccified the nouce under subsection 210 t2) has not done ~o. in the ~'guLation; (c) prescribing cl~nges that may be made to a local board: ~13. Tenants -- For the purposes of clauses 210 (3) (c) and 21t (1) (by, (dy providing that a municipality does not tiave the po,J.,er to d~ssotve or subsection 211 (2) and clau~ 211 (4) (bY, a tenant shall be deemed to be make a prescribed cblmgn to a local board specified in the regulation: responsible for Itc part of t~ taxes that the tenant is reqtfired to pay under the (e) imposing conditions and timitatior~ on the powem nfa mumcipalit) tenant's lease or under sections 367 and 368. under tl~ section; Corporate ~rvices Department CD~2004-05 The City of ~&~ Clerk's Division Dean Iorfida Niagara Falls y] ~.~,~ 4310 Queen Street City Clerk Can~~ P'Q Box 1023 Niagara Falls, ON L2E 6X5 ~111~~ rr web site: www.city.niagarafalls.on,ca Tel.: (905) 356-7521 Fax: (905) 355-7404 E-mail: diorfida@city.niagarafalls.on,ca March 8, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-05 Ratification of Downtown Board of Management RECOMMENDATION: That Council consider endorsing the slate of officers for the Downtown Board of Management. BACKGROUND: The Municipal Act states the following regarding the term of directors for a board of management for a Business Improvement Area: The term of the directors ora board of management is the same as the term of the council that appointed them but continues until their successors are appointed. The Downtown Board held a general membership meeting on February 12, 2004. Attached are the officers elected. Also, attached is a letter from Mr. Carmen Tartaglia questioning the validity ofthe election and the procedures that were followed. For sake of full disclosure it has to be noted that Mr. Tartagiia was unsuccessful in getting elected to the Board. This report will attempt to address the issues raised. Who Can Vote? The Municipal Act states: members of an improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribedbusinesspropertyclassandtenantsq/¢uchproperty. Determining tenancy is not cut and dried. The Business Improvement Handbook produced by the Ministry of Municipal Affairs succinctly states that tenants required under their lease to pay all or part of the property taxes on the property that they occupy. Working Together to Serve Our CommuniO, Clerks Finance Human Resources Infom~ation Systems Legal Planilit~g & Development March 8, 2004 - 2 - CD-2004-05 How Often Can a Member Vote? Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area; therefore, a person who o~vns multiple properties, in the same name, has only one vote. Also, vacant property owners have the right to vote in a general membership election even if their taxes have been decreased due to their vacancy status. Mr. Tartaglia's argument that ratepayers in arrears should not be allowed to seek a position on the Board has some merit; however, the Municipal Act indicates that those who are assessed are members. The current status of one's tax bill is not contemplated. What Happened at the Downtown Board General Meeting? This writer was not present, however, Alex Herlovitch, the Deputy Director of Plarming was present and xvas drafted to help conduct the election. Mr. Herlovitch reports the following: The Downtown Board asked me to assist with the elections because of a long-standing working relationship between Board and Planning & Development, including the ongoing community improvement plan for the downtown area. A slate of candidates was obtained from the floor and presented to the general membership in attendance. ! reviewed the rules, presented to me, by which members could vote, including the use of proxy votes. In response to specific questions, discussion ensued, consensus seemed to be reached and further clarification was provided on who was eligible to vote. Paper "ballots" were circulated and votes were cast. Ms. Dorothy Duncan, DBM Administrative Assistant, and myself counted the ballots and posted the results. It is the writer's understanding that once everyone present seemed agreeable to the procedures to be followed, no objections were raised. After the results were read, no one complained or indicated that they were protesting the results. Is the Municipal Staff Required to Conduct B.I.A. Elections? No. There is nothing requiring staff to oversee B.I.A. elections. Usually the elections are conducted internally and Council is sent the list of officers for ratification. Some B.I.A.'s have contacted me for clarification on issues related to the elections, voting and tenancy. Three members of the Downtown B.I.A. contacted me in anticipation of the general membership meeting, including Mr. Tartaglia (see attached). Answers and clarification were provided. In addition, the Downtown Board has a constitution that outlines voting procedures for the general membership. Was Proper Procedure Followed re: Proxies? Unlike Municipal Elections, where a person can only cast one proxy vote (unless there is a direct familial relationship), the Downtown Board's constitution does not limit the number of proxies; therefore, individuals could cast multiple proxy votes. March 8, 2004 - 3 - CD-2004-05 Are the State of Officers Presented, Acceptable? The officers brought forward for ratification present a mix of returning officers (five members) and new volunlecrs. There is also a mix of different business owners and professionals. The fact that there are a few individuals who did not get elected shows that there is a renewed interest in the Downtown B.I.A. In past years, it was difficult finding enough interested ratepayers to fill the Board. Who Can Invalidate the Election? Municipal staff~ including the Clerk, has no authority to invalidate a B.I.A. election. Council could choose to not accept the forwarded Board of Management slate if they felt that there was some improprieties in the election process. Council does have th authority to direct that another election OCC[Ir. Was Proper Procedures Followed and Should the Election be Declared Invalid? There may have been some inconsistencies in voting and who should have voted; howe~er, at the meeting all concerns seemed to have been settled, a procedure was agreed upon by the general membership and no none suggested that the elections be stopped until clarification on certain issues was sought. The membership had their constitution for guidance and there were a few lawyers present. It was only after the election results were known that the process was questioned, by those who did not get chosen. It also should be noted and stressed that the B.I.A. is not a political body. A Board of Management has a limited mandate; to oversee the improvement and beautification of the business area and to promote the area as a business or shopping area. It could be argued that the stakes are relatively minor: a seat on the Board of Management and the ability to vote on B.I.A. budget matters. It is highly doubtful that anyone wanting to sit on the board "does not have the best interests of downtown at heart". It is ultimately up to Council to decide whether to direct that another election take place, however, the following questions should be considered: will the results be substantially different, will the controversy or policies surrounding the process discourage some individuals from volunteering on the B.I.A. board and does Council feel staff time should be allocated to conducting a new election? CONCLUSION: It is unfortunate that controversy has occurred with the regard to the Downtown Board of Managcmant elections. Clearly, there is a renewed interest in downtown and a number of individuals want to be involved. The election conducted may have had some inconsistencies, however, should that lead to a new election. It is ultimately up to Com~cil to decide. March 8, 2004 - 4- CD-2004-05 Recommended by: Respectfully submitted: Dean lorfida John MacDonald City Clerk Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Col ~ e Services Department ]'he City of ~l~f Clerk's Division Dean Iorfida FQiis.=~ 4310 Queen Street City Clerk Niagara P.O. Box 1023 CanQdo ~" Niagara Falls, ON L2E 6X5 ~11~~~ ~ web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorfida@city.niagarafalls.on.ca January 19, 2004 Mr. Carmen Tartaglia VIA FAX: 354-2551 c/o Roberts Jewellers 4387 Queen Street Niagara Falls ON L2E 2L2 Dear Carmen: Re: BIA Membership I did some quick checking and found an excerpt from a document on B.I.A.'s produced by the Ministry of Municipal Affairs & Housing. It states the following: BIA MEMBERSHIP The Municipal Act does not define general membership of a DIA. The general practice is to limit membership in a Business Improvement Area to individuals required under the municipal by-law to pay levies. This includes both property owners and tenants required under their lease to pay all or a part of the property taxes on the property that they occupy. Membership in a BIA generally includes the right to attend BIA meetings, including the Annual General Meeting of the BIA, and to vote on BIA related issues such as the annual budget and appointments to the board. Some BIAs also admit associate members. Associate members are generally business and property owners in the area surrounding, but not included in existing BIA boundaries. Associate members may be granted the right to attend BIA meetings but are generally not granted voting rights. Therefore, based on the above, property owners are BIA members. Tenants can be voting members if they pay property taxes as part of their lease. With regard to Dermis Savr/ga's interest, he could probably be appointed as a non-voting associate member. Of course, I would suggest that the Board of Management vote on such an appointment. VOTING Section. 204(6) of the M~micipc/1 Act indicates that "each member of an imprevement area has one vote regardless of the nmnber of properties that the member may own or lease in the improvement area". Working Together to Serve Our Community Clerk's Finaece Human Resources Information Systems Legal Planning & Development - 2 - January 19, 2004 The Downtown B.I.A. has its own constitution. Attached are the sections related to General Meetings (i.e. meetings in which all Downtown B.I.A. members would attend). Subsection 3 outlines voting rights and proxies. I hope this provides some additional information. Call me and we can discuss possible scenarios and whether they would be permitted or not. Sincerely, Dean Iorfida City Clerk Ext. 4271 VI. GENERAL MEETINGS 1. Attendance Ali downtown B.t.A members, Board members, and guests are welcome to attend general meetings. 2. Quorum At all general meetings every question shall be decided by a majority of the votes of the members present in person or represented by proxy. 3 Voting of Members Each B.I.A member shall be entitled to one vote on each question arising at any general meeting of the Board of Management. Corporations, partnerships, and other legal entities may vote through a duly authorized proxy. Such proxy need not himself be a member but before voting Shall produce and deposit with the Secretary sufficient appointment In writing from his constituent(s). Every question Shall be decided in the first instance-b.¥ a show of hands unless a poll be demanded by any member. Upon a show of hands every member having voting rights Shall have one vote, and unless a poll be demanded, a declaration by the Chaii-man that a resolution has been carried or not carried and an entry to that effect in the minutes of the meeting shall be admissible in evidence as prima facie proof of the fact without proof of the number or proportion of the votes accorded in favour of or against such resolution. In the case of an equality of votes at any general meeting, whether upon a show of hands or at a poll, the Chairman shall be entitled to a second or casting vote. Col e Services Department The City of Clerk's Division Dean Iorfida FQIIs==~ 4310 Queen Street City Clerk Ni(lgrlr( P.O. Box 1023 Con~~ Niagara Falls, ON L2E 6X5 ~111~¢-r web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorfida~city.niagara falls.on.ca January 19, 2004 Mr. J. Randal Boyce VIA FAX ONLY: 354-5540 Martin Sheppard Fraser 4701 St. Clair Ave, 2nd Floor P.O. Box 900 Niagara Falls ON L2E 6V7 Dear Mr. Boyce: Re: BIA Membership & Voting I received your voice mail. I have received similar inquiries in the past couple of weeks, therefore, below you will find a somewhat generic response that should ansxver your questions. Feel free to call me back with any further questions. *** The Ministry of Municipal Affairs & Housing Business Improvement Handbook states the following: BIA MEMBERSHIP The Municipal Act does not define general membership of a BIA. The general practice is to limit membership in a Business Improvement Area to individuals required under the municipal by-law to pay levies. This includes both property owners and tenants required under their lease to pay all or a part of the property taxes on the property that they occupy. Membership in a BIA generally includes the right to attend BIA meetings, including the Annual General Meeting of the BIA, and to vote on BIA related issues such as the annual budget and appointments to the board. Some BIAs also admit associate members. Associate members are generally business and property owners in the area surrounding, but not included in existing BIA boundaries. Associate members may be granted the right to attend BIA meetings but are generally not granted voting rights. Therefore, based on the above, property owners are BIA members. Tenants can be voting me~nbers if they pa3, property taxes as part of their lease. Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems · Legal Planning & Development - 2 - January 19, 2004 VOTING Section. 204(6) of the Municipa! Act indicates that "each member of an improve~nent area has one vote regardless of the number of properties that the member may own or lease in the improvement area". The Downtown B.I.A. has its own constitution. Attached are the sections related to General Meetings (i.e. meetings in which all Downtown B.I.A. members would attend). Subsection 3 outlines voting rights and proxies. I hope this provides some additional information. Call me and we can discuss possible scenarios and whether they would be permitted or not. Sincerely, Dean lorfida City Clerk Ext. 4271 -3- March 8. 2004 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Conoratulations His Worship Mayor Salci con~lratulated Dorothy & Louie Yando on the occasion of their 50~ Wedding Anniversary. Groat Wolf LodoelRiolev'e Ag]uarium His Worship Mayor Salcl referred to the press conference held on March 5, 2004 by Ripley's tnternational where they unveiled plans for a $200 million, world-class family entertainment destination resort and state-of-the-art aquarium, Circus Fun Feet His Worship Mayor Salci advised that the Mayor's Youth Advisory was holding e free Circus fun fast on March 17, 2004 et the Boys and Girls Club end invited everyone to attend. (~OMMUNICATIONS Communication No. 25 - The Fresh Air Fund - Re: Proclamation, The communication requests that Council proclaim March 20, 2004 as 'Fresh AirFund Day in N/agars Fa//s". ORDERED on the motion of Alderman Pietron§elo, seconded by Alderman Morocco, that the request be approved. Carried Unanimously, Communication No. 26a) - Niagara Palls Downtown Board of Management - Re: Election of Officers to the Downtown Board of Management. The communication requests that Council accept the appointments of Joe Amedeo; Tony Ben*enceE Cai Beresh; Naomi Fumston; Mordecai Grun; Dr. Joanna Hill; Kuban Lalani, Scott Rodgers and Sam Stevens to serve as Board members and further, that Council appoint one Council representative to the Board. - AND - Communication No, 26b)- Mr. Joe Amodeo. Chairman, Niagara Palls Downtown Board of Management. ORDERED on the motion of Atderman Diodati, seconded by Alderman Morocco, that the appointments to the Downtown Board of Mana~]ement be approved and that Mayor Salci sit as Council representative to the Board. Carried Unanimously. Communication No. 27 - Ontario Liquor Boarde Employees' Union - Re: Privstizetion of the L.C.B.O. The communication requests support in oppcein~} the prlvatizatlon of the L.C.B.O. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietran~lelo, that Council supports the request. Carried Unanimously. Communication No. 28 - The Many Hands Project Committee. The communication requests certain fee waivers and City proped*y usage; and requests Council endorsement of this valuable community enhancin~l project and the promotiof~ of the project to staff and civic partners as an opportunity to volunteer and/or provide sponsor support, ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, to endorse with in-kind services. Carried Unanimously. Corpor~ite Services Department City of J~l~ll Clerk's Division Dean Iorfida The Niagara Falls !J ~,~ 4310 Queen Street City Clerk Niagara Falls, ON L2E 6X5 ~-r web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-maih diorfida@city.niagarafafls.on.ca March 16, 2004 Ms. Dorothy Duncan, Administrative Assistant Do~vntown Niagara Falls Board of Management P.O. Box 5 Niagara Falls ON L2E 6S8 Dear Dorothy: Re: Downtown Board Slate of Officers As you are undoubtedly aware, but just to confirm, the slate of officers for the Downtown Board forwarded was approved by Niagara Falls City Council. In addition, Mayor Ted Salci was ratificd as the Council appointment to the Board. If you have any questions on B.I.A. issues, do not hesitate to contact me. Sincerely, Dean Iorfida City Clerk Ext. 4271 c. Mayor's Office IYork#tg Together to Serve Our Com/nuniO, Olerl('s FJpatTce Human Resources /nfom?atJon Systems Legal Plannfl~g & Development Corporate Services Department Il& Clerk's Division Dean Iorfida The City ot Niagara Falls~ll 4310 Queen Street City Clerk 1 P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 web site:www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorflda@city.niagarafalls.on,ca April 28, 2004 Mr. Kurban Lalani, Chair Downtown Board of Management P.O. Box 5 Niagara Falls ON L2E 6S8 Dear Mr. Lalani: Re: Tonight's B.I.A. Budget Meeting Thank you for the invitation to attend tonight's B.I.A. meeting to ratify the annual budget. Unfortunately, I am unable to attend. I have a number of Council reports that I am attempting to finish in anticipation of Monday's meeting. Despite my absence, I would like to provide some comments that you may share with your Board. Proxies/Tenant's Voting Rights I am sure that one of the reasons that you wished for me to be in attendance was to ensure that voting procedures are followed properly, especially the issue of proxies and the legitimacy of tenants' voting. Although I can appreciate you wanted someone outside of the B.I.A. to rule on these matters, it would be very difficult for me to render decisions on the spot related to the voting rights of tenants. The only way I would be able to determine whether a tenant has the right to vote is to see copies of leases to discern whether the tenant pays the property taxes. For future general votes, I would suggest that I meet with your administrator to come up with a process to determine voter eligibility. To set up such a process, I would need at least a month prior to the actual vote. B.I.A. Levy I understand that the Downtown B.I.A. is considering increasing its budget, which, of course, is well within your control. It is further my understanding that the B.!.A. is interested in instituting a special charge as defined under Section 208 of the MunicipalAct. With a special charge, the levy for certain properties may be calculated using different percentages, i.e., the properties that would accrue the most benefit from the B.I.A. improvements and activities would pay a greater proportion than properties which do not stand to gain as much. Working Together to Serve Our Community Cled~'s Finance Human Resources Infon~ation Systems · Legal Planning & Development - 2 - April 28, 2004 The special charge certainly has merits, however, having had discussions with municipal financial staff, it would be impossible to institute special charges, which require the approval of City Council, in time for this year's tax bill. I suggest that the Board set up a subcommittee to meet with City staff to work toward instituting something for next year. Therefore, if the B.I.A. wishes to increase its' budget threefold this year, properties, whose assessment has stayed the same, will see their contribution to the B.I.A. budget increased three times. Once again, please accept my regrets for being unable to attend this evening. If you follow the Downtown B.I.A. constitution, the proceedings should run smoothly. Sincerely, Dean Iorfida City Clerk Ext. 4271 c. John MacDonald, Chief Administrative Officer Ken Burden, Director of Finance Alex Herlovitch, Deputy Director of Planning & Development Army Felicetti, Revenue Supervisor Corporate Services Department CD-2004-10 The Ci of Clerk's Division F_ii,Ill Dean Iorfida 4310 Queen Streetfy City Clerk Ni---r- Au~u .u u ~J~=~l' P.O. Box 1023 (,.,cln~~ Niagara Falls, ON L2E 6X5 ~~'1'-~-'~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorflda@city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-10 2004 Appointments RECOMMENDATION: That Council 1) adopt the recommendations in the Council Appointments Document. 2) authorize staff to advertise to fill appointments. 3) have staff further review the internal committees to refine responsibilities, reporting relations and other issues. To appoint 5 Citizens and 2 Council representatives to the Committee of Adjustment; that the composition of the Parking & Traffic Committee remain in its present form; that the Parking & Traffic Committee matters be brought directly to the Communi[7 Services Committee and not through a separate standing Committee of Council; that the balance of the Report be approved. BACKGROUND: The Review At the last regular meeting of 2003, staff brought forward a report, which was approved, regarding the annual appointments made by Council (CD-2003-22, Appointment to Committees). The report recommended that staff and a working group of Council members bring back recommendations on the appropriate numbers for various committees. With the size of Council reduced, it was realistic to presume that it would be difficult to maintain the Council complement on various committees (internal and external), boards, and agencies. The report indicated that there "clearly seems to be a plethora of them(appointments); therefore, it would be valuable to review these appointments to determine whether they are necessary". In addition to determining numbers, the review of committees and appointments would provide an oppommity to ensure that all internal committees have appropriate terms of reference and authorizing by-laws. l~orhing Together to Serve Our Community Clerks Finance · Human Resoumes · Infon~nation Systems Legal · Planning & Development - 2 - CD-2004-10 Finally, the municipality should review its committees and appointment process regularly. Many municipalities use the change in Council as opportunity to ensure that their advisory committees are still necessary and fulfilling their stated purpose. The Process Staff proceeded to review all appointments Council makes: to internal committees, external bodies and of specific individuals. Stafftried to anticipate the questions the working group might have; therefore, in addition to attempting to identify all appointments, staff reviewed whether there were a by-law or terms of reference in place, what was the composition of the committee or body, when the committee usually met and any other pertinent comments. Needless to say this turned out to be a long process and despite our best efforts, there could be some appointments that we've missed (though hopefully not too many). The writer consulted with the division heads or staff liaisons on different committees for their input. Some input was received or sought from certain committees. With this information the writer drafted some recommendations. It must be stressed that these recommendations were merely a starting point for discussion. The working group (a.ka the Committee on Committees) met shortly after March break. The meeting was productive. Many of the recommendations were accepted, while some were modified or changed. There were some issues that needed to be resolved or additional information was required. Although there was some discussion for a further meeting, the writer consulted, individually, with the Council members in the group to finalize the remaining recommendations. The recommendations on appropriate numbers for various committees have been ready for a few ~veeks; however, as staff has delved into the topic of committees and appointments, other issues have come up such as what actually is the role of committees, what should be the proper reporting relation of internal committees, should there be a protocol for setting up new committees and what should the application process be for appointments. Although staff can appreciate Council's desire to mete out appointments to interested citizen volunteers, sooner than later, for this exercise to be truly valuable the aforementioned issues should be addressed. Nonetheless, staff will proceed to advertise for appointments and will deal with the structural and proceduraI issues at a later date. Some general comments on the Council Appointments Document: Council Composition Where there were multiple Council members on certain committees, the Council Appointments Document recommends reducing the Council component. In some cases, especially where there is substantial staff input on committees, it is suggested that a Council member only be appointed if they are truly interested in the committee and its responsibilities. Council members should only commit themselves to a committee if they are able to attend the majority of meetings. As the report this writer did at the end of the last Council term (CD-2003-20, Council Attendance on Various Committees & Boards) indicated, there were a few committees where Council attendance was less than 50%. Although the working group considered a mandatory minimum number of committees for Council members, it was rejected. - 3 - CD-2004-10 Number of A£pointments/ Committees As the nearly 60 page Council Appointments Document indicates, there are numerous appointments made by Council: Some are required by legislation, some have been ingrained in the municipality for many years, others started for an ad-hoc purpose and have continued on, while some seem to have occurred on a whim, or at least a motion of Council. Are there too many committees? Probably. Andrew Brouwer, the Deputy Clerk of the Town of Ajax, is currently engaged in an A.M.C.T.O study on advisory committees. Unfortunately, his results will not be available for some time. Nonetheless, the town of Ajax which has a population close to 100,000 has a mere seven advisory committees. (It is probably valuable to deal with some terminology: An advisory committee is a body of residents and Council member(s) charged with a mandate to advise and make recommendations to Council on a particular matter. In the Council Appointments Document, the writer uses the terminology "internal" committee to mean a committee or appointment for which Council has authority or control over. The definition might not be completely accurate in all cases). It seems reasonable to conclude that Niagara Falls may have too many committees. There has been some attempt to rectify this situation. Council approved R-2003-81, which amalgamated the Environmental, Planning & Greening Committee with the Park in the City and Trillium Awards Committees. Staff, during this exercise, proposed the formation of a Parks, Recreation & Culture Advisory Committee encompassing the Recreation Commission, the Arts & Culture Commission and the Trails & Bikeway Conunittee. The recommendation was not forwarded for Council's consideration. There, understandably, seems to be a reluctance to eliminate committees that have been ingrained in the community for a number of years. Nonetheless, various advisory committees should be encouraged to work together on projects of mutual interest. One valuable result of this review is that a number of committees that have either fulfilled their mandate or outlived their usefulness are recommended to cease. Citizen Composition The working group, for the most part, has not suggested any reductions in citizen composition for most committees. Volunteerism is to be encouraged. In a few cases, the working group is proposing minimum and maximum numbers. For example, it is proposed that certain cormmittees have between eight and twelve citizen appointments. If nine citizens apply, then they will all be appointed. If more than twelve applications are received then Council will be required to vote on the appointments. It is hoped that Council will adopt the recommendations in the Council Appointments Document in toto. Also, depending on the adoption of the report, staff will prepare for Council a list/questionnaire /calendar that will outline the various committees, boards and agencies they can choose to sit on. Future Issues As indicated earlier in the report, there are many procedural issues that should be addressed to make a study on committees truly valuable. In general terms, some of the issues are as follows: - 4 - CD-2004-10 · What added value are Advisory Committees providing? Answering such a question, may eliminate unnecessary and ineffective committees. How much stafftime is allocated to committee work? Is this the most effective use of staff time and resources? What should be staff's role vis-a-vis the committee? What are the roles of advisory committees? Are they in place to do work and undertake projects or are they merely there to make recommendations to Council? · What happens when committee recommendations conflict with Council decisions? If Council is going to ignore the recommendations of their advisory committees, what is the point of having such committees? What happens when a committee acts contrary to Council's goals and objectives? · What should the protocol or procedure be to set up new committees? Should a motion of Council suffice or should there be a report justifying a committee before it is approved? · Should a committee during its inception have a finite term to avoid the committee being perpetuated over time after it's fulfilled its purpose? Should there be a regular review of committees? How often? How should committees report to Council? Who should prepare the report? Who should speak to the report? The Chair? The Council rep? Staff. It may not be feasible now but during the appointment process, orientation workshops should be encouraged. Many municipalities engage in this practice. Typically, on the day and time that the committee would normally meet, the staff liaison provides an overview on the committee's mandate and responsibilities. By having orientation workshops, the citizen is fully aware of the expectations of him or her. CONCLUSION: The review of various appointments is complete. It was a long process but a process that should be engaged in more often. There are still outstanding issues related to process, protocol and efficacy of Council Advisory Committees, which should still be reviewed. The indication received, however, is that Council is anxious to reward eager community volunteers. Hence, the appointment process will be commenced upon adoption of this report. - 5 - CD-2004-10 Recommended by: ?~espectfully subm~ted: wean lorfida 5 /~? John MacDonald City Clerk /t/// Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Community Services Department FS-2004-10 . JJa,\ Fire Services Patrick Burke The City of ft~ll~ 4310 Queen Street Fire Chief Niagara Fallsll ll/ P.O. Box 1023 Canada '-- Niagara Falls, ON L2E 6X5 ~J~ web site: www.city.niagarafalls.on.ca''~j Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: pburke@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-10 CRTC Application for Access to 911 Database for Emergency Notification RECOMMENDATION: It is recommended that Council approve one of two options: 1. become a party to the CRTC application with nominal financial support; or 2. send a letter of support for the CRTC application to Strathcona County and the City of Fort Saskatchewan, Alberta to allow municipalities access to the 911 database for their communities for use in emergency notification. BACKGROUND: As part of the responsibility for emergency planning and preparedness Fire Services has been reviewing the issue of notification to residents in any particular geographic area of the city in order to advise them of the action to be taken in an emergency. At the 2003 World Conference on Disaster Management held in Toronto, contact was made with companies who provide GIS linked notification software that requires a telephone database to provide emergency notification. The 91 t database of telephone numbers and addresses are considered confidential and an application to the CRTC is required for access. Strathcona County and the City of Fort Saskatchewan had purchased and installed one of the GIS linked notification systems and had been using the telephone directory database initially. They found that the telephone directory database was approximately 50% accurate which was totally unacceptable for emergency notification. As a result, Strathcona County and the City of Fo~l Saskatchewan began the process to prepare and file an application to the Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 3, 2004 - 2 - FS-2004-10 CRTC. A Regulatory Consultant was engaged to assist with the application and it is anticipated that the cost for the consultant will be in the range of $16,000. As Community Emergency Management Coordinator, the Fire Chief has taken part in teleconferences with other interested parties concerning the CRTC application. Those parties include: EMO, New Brunswick 911 Operations, New Brunswick EMO, Ontario North Shore Emergency Management Office, BC County of Essex, Ontario AMO Sarnia, Ontario Fort Erie, Ontario EMO, Manitoba Industry Canada In proceeding before the CRTC with the application, country-wide support is important. While it is preferable to be added as a co-applicant with nominal financial support, Strathcona County and the City of Fort Saskatchewan would welcome even a letter of support for their efforts. This application is critical to the ability of communities across Canada to fulfill their responsibility in emergency preparedness and response. In Ontario, emergency planning, preparedness and response is no longer discretionary. It is mandatory. A successful outcome to this application process will go a long away in assisting in community preparedness. It is recommended that Council approve one of two options: 1. become a party to the CRTC application with nominal financial support; or 2. send a letter of support for the CRTC application to Strathcona County and the City of Fort Saskatchewan. n~ Respectfully submitted: / Patrick Burke /john MacDonald Fire Chief ~ Clfief Administrative Officer Office of the Clerk f-IIRC, F-qLLS CLER}(S '04 04i.6 '_.;0:34 April 15, 2004 File No. 210701 Ms. Diane Rheaume Secretary General CRTC Ottawa, Ontario K1A 0N2 Dear Ms. Rheaume: Re: Emergency Planning - Targeted Telephone Community Not System - Petition CRTC to permit municipalities to access Bell 911 database The Municipal Council of the Town of Fort Erie at its Regular Council Meeting of March 29, 2004 passed the following resolution respecting the Emergency Planning - Targeted Telephone Community Not System: WHEREAS under the new Emergency Management Act municipalities are required to have a system/plan in place to notify the public during an emergency, and WHEREAS Emergency Management Ontario promotes the use of a combination of public alerting methods, including telephone notification systems, and WHEREAS Emergency Management Ontario supports the request from Northeast Region Community Awareness Emergency Response to examine the possibility of access to the 911 database for emergency telephone notifications, and WHEREAS Emergency Management Ontario, in the interest of public safety and on behalf of Ontario municipalities, has requested the CRTC to re-examine their position on allowing access to the 911 database for emergency telephone notification systems, and WHEREAS at the Council-in-Committee meeting of March 22, 2004, Report No. PCS-47/CAO-15- 2004 was approved directing staff to prepare a resolution petitioning the CRTC to reconsider the process permitting municipalities to access the Bell 911 telephone databases in concert with a Community Notification System in the event of an emergency; NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie as follows: THAT: The Municipal Council of the Town of Fort Erie hereby petitions the CRTC to reconsider the process of permitting municipalities to access the Bell 911 telephone databases in concert with a Community Notification System in the event of an emergency, and further THAT: A copy of this Resolution be sent to appropriate Provincial and Federal interests listed in Report No. PCS-47/CAO-15-2004 and their support be requested. ..... /:2 Mailing Address: The Corporation of the Town of Fort Erie Municipal Centre, I Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871 I600 Fax (905) 871 4022 Web-site: www.forterie.on.ca Corporate Services Department CD-2004-09 The City of [jr~/ Clerk's Division Dean Iorfida Nio_ g (3ro. F osll 5 ~m ~.~.O.WI ~e,4_4310 BoxQUeen1023Street City Clerk ('JQn~~Niagara Falls, ON L2E 6X5 ~rl~ web site: www.city,niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-09 Photo Copier for Print Shop RECOMMENDATION: It is recommended that the members of Council approve the acquisition of a Konica CF 8050 digital colour photo copier for the Print Shop as supplied by Doering& Brown Corporation per Proposal # P14-2004. BACKGROUND: Over the past fifteen months, departments have been requesting colour photocopies from the City's Print Shop for a variety of printed documents. During this period a total of 400,642 copies have been produced from the existing colour copier which equates to 26, 709 per month. From a survey of all city departments, the documents that have been processed in the Print Shop include publications for sale or distribution to the public such as by-laws, official plans, tourism guides, secondary plans, site plan manuals, planning studies, brochures, maps, training manuals, various user guides, fire training manuals, municipal emergency plan (Fire Dept), fire prevention brochures, combat challenge programs (Fire Dept.), traffic and parking publications and internal documents such as attachments to council reports and various forms. Most Departments and divisions have made use of the in-house colour copier in lieu of using extemal copy and print companies and also in lieu of using colour laser or ink jet printers. The following chart is a comparison of the cost for these copies produced in-house versus using external print companies and internal colour printers. Working Together to Serve Our Community Clerks Finance Human Resources · Information Systems Legal Planning & Development - 2 - CD-2004-09 Device or External Copy Company: Cost per copy taxes extra Proposed Copier 0.100156 External Print Companies 0.80 (average) Internal Colour laser Printers 0.20 Internal Ink Jet Colour Printers 0.30 Based on the actual copies produced during the past fifteen months and the estimated copies to be produced for the next 60 months, the savings currently realized and expected due to in-house colour copying are charted below. Device or External Copy Company Savings during Estimated savings for last 15 months next 60 months Savings by not using External Print Companies $240,449.00 $1,470,000.00 Savings by not using Internal Colour Laser $ 40,064.20 $ 210,000.00 Printers Savings by not using Internal Colour inkjet $ 80,128.40 $ 420,000.00 Printers Black only copying devices will likely be phased out in the next few years. Manufacturers of photocopy machines have advised that the next generation of photocopiers to be introduced shortly to the marketplace will be black and colour hybrid devices. Within five years it is expected that full colour machines with a black toner option only will be offered. As well these digital photocopiers will have as standard equipment a host of printing options that will give in-house copy technicians the same functionality as external print and graphic companies. According to a recent survey of various public agencies in Ontario the city's photocopier usage is low in comparison with these agencies. However, the use of colour copying in Canada has shown a marked increase in comparison to black only copying. Industry representatives have advised the city that colour copying will soon become the standard type of copying and the volume of colour copying will only increase in the future. As the current colour copier in the print shop is not adequate to handle these print volumes a proposal was issued to obtain prices for a replacement copier. The current copier will be re-allocated to the Parks, Recreation and Culture offices to reduce staff travel time between that office and City Hall to obtain colour copies. The results of the proposal is attached to this report. The Konica CF 8050 copier was selected because it ~vas the lowest priced and highest speed copier offered by any bidder and it exceeded all of the requirements of the proposal. There will be no capital or lease costs associated with this copier, as all costs will be on a non-guaranteed cost per copy basis which provides no risk to the City. The numbers of copies shown on this chart are estimates only and may not reflect actual copies - 3 - CD-2004-09 to be produced. By selecting the proposed option, the city will only be charged for actual copies used and not for estimates. The actual amounts could be far less than the estimates shown. The acquisition cost for the Konica CF8050 includes all costs for a 60 month term. The cost per copy option is the most economical for the city to consider. If the lease option were chosen, the costs would be $1,100.75 per month for a 60 month total of $66,045.00 plus a service charge including toner and ail maintenance of $0.068757 per copy for a 60 month total of $144,387.60.00. The lease and maintenance costs for 60 months would total $210,432.60 versus an estimated $210,327.60 for the cost per copy option. The advantage of the cost per copy option is that it does not involve a lease or any other commitment to the vendor other than an obligation for the use of the photocopier for a 60 month term. Every other photocopier acquired by the city in the past has involved a lease or a purchase of the machine. In addition to the capital cost of machine a maintenance service charge, which is usually invoiced based upon the meter reading of the machine, is applied. This service charge covers toner, maintenance and all repairs. The lease or purchase price along with the maintenance service charge is combined to determine the overall cost over a selected time period. It has been the experience and practice for the city to acquire its photocopiers on a sixty months basis. Prepared by: Respectfully submitted:/] Manager of Supply and Services [/ ~mct dministrative Officer Recommended by: Dean Ior a~ City Clerk Approved by: T. Ravenda Executive Director of Corporate Services SUMMARY Proposal P14-2004 Colour Photocopier for Print Shop Rcpor~ CD-2004-09 - Page 4 Taxes not included in prices listed below Company Photocopier Purchase Lease Option Cost per Copy Maintenance 2004 Costs Total Cost Offered Price 60 Month Term total for 60 months Coinur Toner See Note 8 for 60 months 2,100,000 copies 4 Office Konica 8031 $25, 618~00 $31,080.00 not stated $252,000.00 $55,523.60 $277,618.00 Automation Ltd. (see note 2) ( l) (2) ( l +2) Advanced Office Xerox DC 3535 not stated $35,340.00 not stated $252,000.00 $57,468.00 $287,340.00 Solutions - (see note 3) (l) (2) (1+2) Xerox wc Pro 40 refer to note 4. St. Catharines Kyocera - Mita $27,339.00 not stated not stated $231,000.00 $51,667.80 $258,339.00 Business KM C3130 (1) (2) (1 +2) Machines (see note 2) Ikon Office Canon IRC 3200 $25, 150.00 $33,180.00 $307,230.00 $262,500.00 $57,530.00 $287,650.00 Solutions (see note 5) (1) (2) (I +2) Doering & Minolta CF3102 not stated $25,755.00 (1) $214,830.00 $189,000.00 (2) $42,951.00 $214,755.00 (1+2) Brown (see note 2) Konica 8050 not stated $66,045.00 $210,327.60 For lease option: $42,065.52 $210,327.60 (see note 6) not applicable (see note 7) $144,387.60 Beatties Basics Canon IRC 3200 $25,500.00 $29,895.00 not stated $210,000.00 $47,100.00 $235,500.00 Office Products (see note 5) (1) (2) (1+2) Notes: 1 Copyestimateis35.000copiespermonthor2,1 00,000 over 60 months. 2. 31 copies per minnte 3. 35 copies per minute 4. 2na copier offered: WC Pro 40 does not meet minimum copies per minute requirement 5. 32 copies per minute 6. 50 copies per minute, plus most options as standard equipment, also no capital cost or copy guarantees 7. Recommended Copier - Same notes as #6 with the addition of post fuser inserter option. 8. 2004 Costs: 20% of total cost Corporate Services Department F-2004-31 · ~. Finance Division Kenneth E. Burden The CIIy ot jrj'l / 4310 Queen Street Director Niagara FallslJ~Jllr P.O. Box 1023 Canada ..~.r~,~,.. Niagara Falls, ON L2E 6X5 ~t~ web site: www.city.niagarafalls.on.ca Tel.: (g05) 356-7521 Fax: (g05) 356-2016 E-mail: kburden@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-31 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $7,610,826.08 for the period ending May 3, 2004. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: DKirEe ~tBo rUrod;~in an c e ~c~Di°n~sa:rdat i ve ~/fficer Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks Finance Human Resources · Information Systems Legal · Planning & Development CITY OF NIAGARA FALLS ~eC~Y01 ~ AP5200 Page: 1 MUNICIPAL ACCOUNTS N o l IlIll Supplier Name Cheque No Cheque Date Purpose Amount 1006029 ONTARIO INC 283430 13-Apr-2004 REFUND 1,516.56 1006057 ONTARIO LIMITED 283696 27-Apr-2004 REFUND 9,173.45 1049560 ONTARIO LIMITED 283431 13-Apr-2004 REFUND 1,993.18 1238956 ONTARIO INC T/A EDWARD P LUST1G CONSULTING 283536 20-Apr-2004 ADMINISTRATIVE 37,088.27 2004 LONDON CAN-AM POLICE FIRE GAMES 283537 20-Apr-2004 ADMINISTRATIVE 690.00 21ST CENTURY DOCUMENT MANAGEMENT TECHNOLOGIES IN 283538 20~Apr-2004 MATERIALS 175.60 407 ETR EXPRESS TOLL ROUTE 283432 13-Apr-2004 REMITTANCE 31.93 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 283286 06-Apr-2004 MATERIALS 503.64 A .1 STONE COMPANY LTD 283542 20-Apr-2004 MATERIALS 948.80 ACCESS MEDICAL 283433 13-Apr-2004 MATERIALS 341.33 ACCU LOCK AND SECURITY 283539 20-Apr-2004 MATERIALS 19.02 ADT SECURITY SERVICES CANADA INC 283697 27-Apr-2004 CONTRACT SERVICES 83.59 ADVANCE TOWING 283698 27-Apr-2004 CONTRACT SERVICES 32.10 AFFILIATED CUSTOMS BROKERS LTD 283540 20-Apr-2004 MATER]ALS 323.34 AIR CARE SERVICES 283287 06-Apr-2004 MAINTENANCE AND REPAIRS 472.84 AIR CARE SERVICES 283434 13-Apr-2004 MAINTENANCE AND REPAIRS 941.08 AIR LIQUIDE CANADA INC 283541 20-Apr-2004 MATERIALS 89.13 ALBANESE, LOR] 283288 06-Apr-2004 ADMINISTRATIVE 75.82 ALDOR BUILDERS LTD 283699 27-Apr-2004 CONTRACT SERVICES 4,621.91 ALL STAR FIRE PROTECTION SERVICES INC 283543 20-Apr-2004 MATERIALS 26.46 AMTCO 283534 14-Apr-2004 ADMINISTRATIVE 243.96 ANIXTER CANADA INC 283289 06-Apr-2004 MATERIALS 934.95 ANNEX PUB & PRINTING INC BOOK DIVISION 283700 27-Apr-2004 MATERIALS 634.30 AQUICON CONSTRUCTION CO LTD 283692 21-Apr-2004 CONTRACT SERVICES 885,580.65 ARAMARK REFRESHMENT SERVICES 283701 27-Apr-2004 SUPPLIES 131.52 ARCHER TRUCK CENTRE WELLAND LTD 283544 20-Apr-2004 MAINTENANCE AND REPAIRS 4,655.99 ARCHERTRUCK SERVICES LTD 283435 13-Apr-2004 MATERIALS 387.20 ARNOLD, EDDIE& ARNOLD, LINDA 283290 06-Apt-2004 REFUND 500.00 BANK OF MONTREAL 283702 27-Apr-2004 REFUND 299.00 BARBISAN,PETER 283291 06-Apr-2004 REFUND 211.00 BARCLAY &TODD'S 283436 13-Apr-2004 SUPPLIES 284.35 BARKER,JUDITH 283703 27-Apr-2004 REFUND 20.00 BATEMAN,DOLORES 283292 06-Apr-2004 ADMINISTRATIVE 54.00 BCE ENERGIS INC 283545 20-Apr-2004 UTILFFIES 75.25 BCE EMERGIS INC 283704 27-Apr*2004 UTILITIES 75.25 BELL CANADA 283293 06-Apr-2004 UTILITIES 103.77 BELL CANADA 283547 20-Apr-2004 UTILITIES 10,365.70 BELL CANADA 283548 20-Apr-2004 UTILITIES 115.00 BELL CANADA 283706 27-Apr-2004 UTILITIES 397.37 BELL MOBILITY 283549 20-Apr-2004 UTILITIES 1,261.60 BENSON PERCIVAL BROWN LLP IN TRUST 283297 06-Apr-2004 REMITFANCE 1,750.00 BERGMAN,CLIFFORD 283438 13-Apr-2004 REFUND 750.00 BERNIER EXCAVATING 283707 27-Apr-2004 REFUND 750.00 BODKIN LEASING 283294 06-Apr-2004 LEASESAND RENTS 435.83 BOLGAR, LORRAINE 283550 20-Apr-2004 REFUND 750.00 BORDEN LADNER GERVAIS 283708 27-Apr-2004 CONSULTING SERVICES 1,926.00 BOYS & GIRLS CLUB OF NIAGARA 283551 20-Apr-2004 GRANT 15,991.67 BRINKS CANADA LTD 283709 27-Apr-2004 CONTRACT SERVICES 803.81 BRITISH AUTO SUPPLY 283439 13-Apr-2004 MATERIALS 192.19 BRITISH AUTO SUPPLY 283552 20-Apr-2004 MATERIALS 272.57 BROWN,ADAM& BROWN, PATRICIA 283296 06-Apr-2004 REFUND 149.96 BUNTIN REID 283298 06-Apr-2004 SUPPLIES 1,188.62 BUNTIN REID 283553 20-Apr-2004 SUPPLIES 252.45 BURKE,PATRICK 283299 06-Apr-2004 MATERIALS 129.02 C N WATSON AND ASSOCIATES LTD 283314 06-Apr-2004 CONSULTING SERVICES 8,791.26 CAMPBELL MONUMENT CO LTD 283440 13-Apr-2004 CONTRACT SERVICES 40,000.00 CANADA LAW BOOK 283301 06-Apr-2004 MATERIALS 357.33 CANADA LAW BOOK 283555 20-Apr-2004 MATERIALS 74.35 CANADA LAW BOOK 283712 27-Apr-2004 MATERIALS 249.20 CITY OF NIAGARA FALLS ~Ci~ol ~ AP5200 Page : 2 M U NICIPAL ACCOUNTS Niogoro Foll~lI~' Con~d~' Supplier Name Cheque No Cheque Date Purpose Amount CANADIAN DOOR DOCTOR 283300 06~Apr-2004 MAINTENANCE AND REPAIRS 164.51 CANADIAN DOOR DOCTOR 283441 13-Apr-2004 MAINTENANCE AND REPAIRS 434.69 CANADIAN DOOR DOCTOR 283554 20-Apr-2004 MAINTENANCE AND REPAIRS 1,153.46 CANADIAN DOOR DOCTOR 283711 27-Apr-2004 MAINTENANCE AND REPAIRS 392.42 CANADIAN LINEN AND UNIFORM SERVICE 283302 06-Apr-2004 MATERIALS 115.24 CANADIAN LINEN AND UNIFORM SERVICE 283442 13-Apr-2004 MATERIALS 107.94 CANADIAN LINEN AND UNIFORM SERVICE 283556 20-Apr-2004 MATERIALS 158.08 CANADIAN PACIFIC RAILWAY CO 283303 06-Apr-2004 CONTRACT SERVICES 877.35 CANADIAN PACIFIC RAILWAY CO 283713 27-Apr-2004 REMITrANCE 238.06 CANTEC SECURITY SERVICES 283557 20-Apr-2004 CONTRACT SERVICES 972.16 CARGILL SALT 283304 06-Apr-2004 MATERIALS 26,492.11 CARGILL SALT 283443 13-Apr-2004 MATERIALS 9,660.39 CARRICK, MARZENNA 283305 06-Apr-2004 ADMINISTRATIVE 140.29 CARSWELL 283444 13-Apr-2004 MATERIALS 239.54 CARTEL COMMUNICATION SYSTEMS INC 283445 13-Apr-2004 MATERIALS 552.00 CASTLEROCK HOME BUILDERS 283446 13-Apr-2004 REFUND 750.00 CENTENNIAL CONSTRUCT[ON 283715 27-Apr-2004 6,066.78 CENTURY VALLEN 283307 06-Apr-2004 MATERIALS 1,207.50 CER]DIAN LIFEWORKS SERVICES 283447 13-Apr-2004 CONTRACT SERVICES 2,253.42 CH2M HILL CANADA LTD 283308 06-Apr-2004 CONSULllNG SERVICES 17,840.93 CH2M HILL CANADA LTD 283716 27-Apr-2004 CONTRACT SERVICES 3,718.25 CHAMBERS WATER HAULAGE INC 283558 20-Apr-2004 MATERIALS 35.00 CHARLES 3ONES INDUSTRIAL LTD 283309 06-Apr-2004 MATERIALS 462.30 CHARLES 3ONES INDUSTRIAL LTD 283448 13-Apr-2004 MATERIALS 244.75 CHARLES 3ONES INDUSTRIAL LTD 283559 20-Apr-2004 MATERIALS 1,361.42 CHARLES 3ONES INDUSTRIAL LTD 283717 27-Apr-2004 MATERIALS 1,132.57 CHATTERS 283310 06-Apr-2004 MATERIALS 707.00 (]IBC 283311 06-Apr-2004 REMITTANCE 55.08 CIRCLE P PAVING 283560 20-Apr-2004 CONTRACT SERVICES 38~520.00 CIT FINANCIAL LTD 283561 20-Apr-2004 LEASES AND RENTS 1,394.12 CITY OF NIAGARA FALLS 283281 31-Mar-2004 MATERIALS 49,858.61 CITY OF NIAGARA FALLS 283312 06-Apr-2004 ADMINISTRATIVE 1,197.00 CI~Y OF NIAGARA FALLS 283313 06-Apr-2004 MATERIALS 577.11 CITY OF NIAGARA FALLS 283449 13-Apr-2004 MATERIALS 568.93 CITY OF ST CATHARINES 283718 27-Apr-2004 MAINTENANCE AND REPAIRS 150.00 CLASS A FIRE & RESCUE 283562 20-Apr-2004 MATERIALS 529.61 CLAYDON,.~EFF 283450 13-Apr-2004 88.13 CLEAR THOUGHTS WINDOW CLEANING 283719 27-Apr-2004 MAINTENANCE AND REPAIRS 238.14 CLIFTON HILL BIA 283451 13-Apr-2004 REMFI-FANCE 7,500.00 COGECO CABLE CANADA INC 283315 06-Apr-2004 UTILITIES 48.10 COGECO CABLE CANADA INC 283563 20-Apr-2004 UTILIllES 358.20 COGECO CABLE CANADA INC 283720 27-Apr-2004 UTILFFIES 207.08 COLBOURNE,L[NDA 283564 20-Apr-2004 REFUND 80.49 COLLINSON,IACK 283565 20-Apr-2004 ADMINISTRATIVE 19.85 COLUMBUS PLATE WORKS 283721 27-Apr-2004 MATERIALS 1,990.20 COMMISSIONAIRES 283316 06-Apr-2004 CONTRACT SERVICES 14,345.36 COMMISSIONAIRES 283566 20-Apr-2004 CONTRACT SERVICES 17,257.03 COMMISSIONAIRES 283722 27-Apr-2004 ADMINISTRATIVE 13,862.41 COMMUNITY RESOURCES CENTRE 283567 20-Apr-2004 LEASES AND RENTS 471.50 COPYMAN PRINT SHOP 283317 06-Apr-2004 SUPPLIES 304.75 COPYMAN PRINT SHOP 283568 20-Apr-2004 MATERIALS 73.60 COPYMAN PRINT SHOP 283723 27-Apr-2004 MATERIALS 31.05 CORDASCO, ROSEMARY 283318 06-Apr-2004 REFUND 200.00 CORRENG CONSULTING SERVICE INC 283453 13-Apr-2004 CONTRACT SERVICES 1,235.85 CORSINI,GUY 283569 20-Apr-2004 ADMINISTRATIVE 235.52 COSTELLO~BRIAN 283319 06-Apr-2004 ADMINISTRATIVE 216.76 COUNTER TOP SERVICE 283320 06-Apr-2004 MATERIALS 53.48 CRAWFORD AD3USTERS CANADA INCORP 283455 13-Apr-2004 MATERIALS 904.10 CRAWFORD AD.lUSTERS CANADA INCORP 283724 27-Apr-2004 ADMINISTRATIVE 798.70 CI'TY OF NI'AGARA FALLS ~C~01 /..~ AP52OO Page: 3 MUNICIPAL ACCOUNTS N o0oro ll IiI l Supplier Name Cheque No Cheque Date Purpose Amount CUPE LOCAL 133 283321 06-Apr-2004 REMFFFANCE 2,604.60 CUPE LOCAL 133 283530 14-Apr-2004 REMTFfANCE 2,641.24 CUPE LOCAL 133 283570 20-Apr-2004 REMFFrANCE 3,193.29 CUPE LOCAL 133 283725 27-Apr-2004 ADMINISTRATIVE 3,098.28 D & D MASONRY 283574 20-Apr-2004 MAINTENANCE AND REPAIRS 1,200.00 DALGAS ENTERPRISES INC 283571 20-Apr-2004 MATERIALS 2,760.00 DANIELE, MICHAEL 283572 20-Apr-2004 REMTFI-ANCE 45.00 DARNAY, KENDALL 283726 27-Apr-2004 REMITTANCE 60.00 DARRALL, BOB 283322 06-Apr-2004 ADMINISTRATIVE 78.61 DAVEY TREE EXPERT CO 283573 20-Apr-2004 CONTRACT SERVICES 5,414.20 DAVID SCHRAM & ASSOCIATES 283323 06-Apr-2004 CONSULTING SERVICES 9,314.48 DAVID SCHRAM &ASSOCIATES 283727 27-Apr-2004 CONSULTING SERVICES 9,778.73 DELCAN CORPORATION 283575 20-Apr-2004 CONTRACT SERVICES 34,802.43 DELL COMPUTER CORPORATION 283324 06-Apr-2004 EQUIPMENT 5,574.05 DELL COMPUTER CORPORATION 283457 13-Apr-2004 EQUIPMENT 8,150.05 DELL COMPUTER CORPORATION 283576 20-Apr-2004 2,067.70 DELL COMPUTER CORPORATION 283728 27-Apr-2004 EQUIPMENT 8,375.68 DEMOL'S TIRE SALES & SERVICE 283577 20-Apr-2004 MATERIALS 7~623.19 DICARLO,ANTHONY 283729 27-Apr-2004 REMITTANCE 200.00 DOMINION PAVING CO 283578 20-Apr-2004 CONTRACT SERVICES 10,382.21 DOUGLAS,JAMIE 283458 13-Apr-2004 ADMINISTRATIVE 159.99 DUFFERIN CUSTOM CONCRETE GROUP 283730 27-Apr-2004 MATERIALS 8,093.47 DU]LOVIC, ED 283325 06-Apr-2004 ADMINISTRAllVE 55.58 DU3LOVIC, ED 283579 20-Apr-2004 MATERIALS 45.94 E3 LABORATORIES 283327 06-Apr-2004 CONTRACT SERVICES 250.92 EASTGATE TRUCK CENTRE 283328 06-Apr-2004 EQUIPMENT 298,425.00 ELECTRICAL SAFE'FY AUTHORIT~ 283580 20-Apr-2004 CONTRACT SERVICES 30.62 EMERALD 283330 06-Apr-2004 MAINTENANCE AND REPAIRS 1,238.53 EMERALD 283581 20-Apr-2004 MAINTENANCE AND REPAIRS 1,072.68 ENBRIDGE 283282 31-Mar-2004 UTILITIES 1,550.14 ENBRIDGE 283331 06-Apr-2004 UTILITIES 183.85 ENBRIDGE 283459 13-Apr-2004 UTILITIES 28,346.47 ENBRIDGE 283582 20-Apr-2004 UTILITIES 1,758.83 ENBRIDGE 283732 27-Apr-2004 UTILITIES 1,767.05 ETHERINGTON,DAVE 283332 06-Apr-2004 ADMINISTRATIVE 61.14 EVANS UTILITY SUPPLY LTD 283460 13-Apr-2004 MATERIALS 12,563.75 EVANS UTILITY SUPPLY LTD 283583 20-Apr-2004 MATERIALS 2,549.55 EVANS UTILFFY SUPPLY LTD 283733 27-Apr-2004 MATERIALS 23,460.00 EVANS WHITFORD NAGEL ASSOCIATES 283734 27-Apr-2004 REFUND 29.43 EVIN INDUSTRIES LTD 283584 20-Apr-2004 MATERIALS 1,715.43 FALLS AUTO BODY INC 283461 13-ApF-2004 MAINTENANCE AND REPAIRS 920,00 FALLS AUTO BODY INC 283585 20-Apr-2004 MAINTENANCE AND REPAIRS 1,437.50 FALLS CHEVROLET OLDSMOBILE LTD 283462 13-Apr-2004 MAINTENANCE AND REPAIRS 1,786.38 FALLS ELECTRIC INC 283333 06-Apr-2004 MAINTENANCE AND REPAIRS 81.32 FALLS WHOLESALE LTD & ZlPPO CANADA SALES 283463 13-Apr-2004 SUPPLIES 243.96 FARADAY,GREGORY 283586 20-Apr-2004 ADMINISTRATIVE 886.74 FARM & CONSTRUC'llON EQUIPMENT 283334 06-Apr-2004 MAINTENANCE AND REPAIRS 233.75 FELICml ILANNY 283735 27-Apr-2004 ADMINISTRATIVE 205.25 FIRE 2000 283587 20-Apr-2004 MAINTENANCE AND REPAIRS 1,497.54 FIRE MONITORING OF CANADA INC 283335 06-Apr-2004 CONTRACT SERVICES 598.50 FIRESERVICE MANAGEMENT LTD 283588 20-Apr-2004 MATERIALS 141.08 FIRESERVICE MANAGEMENT LTD 283737 27-Apr-2004 MATERIALS 104.85 FIRSTLINE MORTGAGES 283336 06-Apr-2004 REFUND 336.41 FLEXO PRODUCTS LTD 283337 06-Apr-2004 MATERIALS 6,301.11 FLEXO PRODUCTS LTD 283465 13-Apr-2004 MATERIALS 1,090.04 FLEXO PRODUCTS LTD 283589 20-Apr-2004 MATERIALS 124.20 FORCIER, SUE 283338 06-Apr-2004 ADMINISTRATIVE 89.40 FOSTER,LES 283738 27-Apr-2004 REFUND 125.00 FRANKCOWAN COMPANY LIMITED 283590 20-Apr-2004 ADMINISTRATIVE 32,698.94 CI'TY OF NI'AGARA FALLS NCifv01 /J~ AP5200 Page: 4 MUNICIPAL ACCOUNTS Niagara Fal sJJI ' Supplier Name Cheque No Cheque Date Purpose Amount FRANK J ZAMBONI & CO LTD 283340 06-Apr-2004 EQUIPMENT 71,829.00 FULLER,lACK 283591 20-Apr-2004 ADMINISTRATIVE 50.00 G & K SERVICES CANADA INC 283342 06-Apr-2004 MATERIALS 2.67 G & K SERVICES CANADA [NC 283743 27-Apr-2004 MATERIALS 86.23 GALLO~]OE 283592 20-Apr-2004 REMITTANCE 45.00 GALT KNIFE CO LTD 283593 20-Apr-2004 MAINTENANCE AND REPAIRS 200.10 GB ENVIRONMENTAL SERVICES NIAGARA LTD 283739 27-Apr-2004 MATERIALS 954.96 GE INTERLOGIX 283466 13-Apr-2004 MATERIALS 746.13 GE POLYMERSHAPES 283467 13-Apr-2004 MATERIALS 2,309.06 GE POLYMERSHAPES 283741 27-Apr-2004 MATERIALS 7,675.11 GERRIE ELECTRIC WHOLESALE LTD 283742 27-Apr-2004 MATERIALS 513.36 GILMOUR, SHIRLEY 283594 20-Apr-2004 REMITTANCE 45.00 GIURA BROTHERS 283595 20-Apr-2004 MAINTENANCE AND REPAIRS 262.15 GLADDING SALES AGENCY LTD 283343 06-Apr-2004 MATERIALS 712.62 GLADDING SALES AGENCY LTD 283596 20-Apr-2004 MATERIALS 37.29 GLADDING SALES AGENCY LTD 283744 27-Apr-2004 MATER]ALS 33~1.68 GLOBAl. STAR CANADA SATELLITE CO 283597 20-Apr-2004 UTILITIES 128.70 GNBA 283598 20-Apr-2004 REM[FrANCE 115.00 GOLIA COLOR CENTRE 283599 20-Apr-2004 MAINTENANCE AND REPAIRS 1,187.93 GRAYBAR ELECTRIC LTD 283745 27-Apr-2004 MATERIALS 79.67 GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND 283746 27-Apr-2004 ADMINISTRATIVE 96.75 GROUND AERIAL MAINTENANCE LTD 283468 13-Apr-2004 MAINTENANCE AND REPAIRS 677.91 GROUND AERIAL MAINTENANCE LTD 283600 20-Apr-2004 CONTRACT SERVICES 20,109.40 GRUNINGER, STEVEN 283601 20-Apr-2004 ADMINISTRATIVE 174.06 Gl' FRENCH PAPER LIMITED 283344 06-Apr-2004 MATERIALS 3,414.48 Gl' FRENCH PAPER LIMITED 283469 13-Apr-2004 MATERIALS 679.37 GUILLEVIN INTERNATIONAL INC 283470 13-Apr-2004 MATERIALS 2,512.45 GUILLEVIN INTERNATIONAL INC 283747 27-Apr-2004 MATERIALS 182.62 HALF WAY SAND PiT LIMITED 283748 27-Apr-2004 CONTRACT SERVICES 4,066.00 HARPER DETROIT DIESEL ALLISON 283602 20-Apr-2004 MAINTENANCE AND REPAIRS 8,608.89 HARRISON,TODD 283603 20-Apr-2004 ADMINISTRATIVE 67.49 HECO 283604 20-Apr-2004 MAINTENANCE AND REPAIRS 645.56 HECO 283749 27-Apr-2004 MAINTENANCE AND REPAIRS 2,812.92 HICKEY,NEAL 283345 06-Apr-2004 MATERIALS 270.00 HIEBERT,SAKE 283605 20-Apr-2004 ADMINISTRATIVE 24.61 HILL BOLES LTD 283472 13-Apr-2004 MATERIALS 526.78 HILL BOLES LTD 283606 20-Apr-2004 MATERIALS 516.79 HILL BOLES LTD 283750 27-Apr-201M MATERIALS 402.52 HOLMAN,GEOFF 283347 06-Apr-2004 ADMINISTRATIVE 113.54 HUERO HEATING AND CONDITIONING LTl) 283348 06-Apr-2004 EQUIPMENT 4,815.00 HUMMELL, HAROLD 283349 06-Apr-2004 ADMINISTRATIVE 335.07 IBI GROUP 283350 06-Apr-2004 CONSULTING SERVICES 4,149.72 IN21TIVE GROUP INC 283351 06-Apr-2004 MATERIALS 1,540.45 IN2TTIVE GROUP INC 283607 20-Apr-2004 MATER[ALS 11,237.42 IN21TIVE GROUP INC 283751 27-Apr-2004 MATERIALS 122.04 INTERNATIONAL BINDING & LAMINATING SYSTEMS INC 283608 20-Apr-2004 SUPPLIES 936.25 ]OANNONI,CAROLYNN 283352 06-Apr-2004 MATERIALS 90.00 J J MACKAY CANADA LTD 283610 20-Apr-2004 CONTRACT SERVICES 804.43 .1 W IVES ENTERPRISES 283612 20-Apr-2004 MATERIALS 2,565.96 JACKSON,DAVE 283609 20-Apr-2004 ADMINISTRATIVE 148.88 JAGGER HIMS LIMITED 283353 06-Apr-2004 CONTRACT SERVICES 16,024.86 JOHN HARRIMAN 283752 27-Apr-2004 CONSULTING SERVICES 1,765.50 JOHNSON,PATRICIA 283611 20-Apr-2004 REMI'ITANCE 60.00 JONES,DON 283476 13-Apr-2004 ADMINISTRATIVE 82.14 KATCH'S QUALITY COMMUNICATION 283354 06-Apr-2004 CONTRACT SERVICES 517.50 KEIGHAN,MICHAEL 283753 27-Apr-2004 REFUND 80.29 KEN WARDEN CONSTRUCTION LTD 283355 06-Apr-2004 CONTRACT SERVICES 64,677.22 KEN WARDEN CONSTRUCTION LTD 283613 20-Apr-2004 CONTRACT SERVICES 525.00 KNECHT BERCHTOLD INC 283356 06-Apr-2004 MATERIALS 661.25 CZTY OF .I'AGARA FALLS ~leCi~/01 J(~ AP5200 Page: 5 ,,, - MUNICIPAL ACCOUNTS N ¢toFol lII Supplier Name Cheque NO Cheque Date Purpose Amount KNECHT BERCHTOLD INC 283478 13*Apr-2~04 MATERIALS 724.50 KON,ADELE 283754 27-Apr-2004 ADMINISTRATIVE 190.16 KUCHYT,TOM 283479 13-Apr-2004 ADMINISTRATIVE 243.75 LAFARGE CANADA INC 283357 06-Apr-2004 MATERIALS 587.34 LAFARGE CANADA INC 283480 13-Apr-2004 MATERIALS 348.58 LAFARGE CANADA INC 283615 20-Apr-2004 MATERIALS 59.92 LAFARGE CANADA INC 283755 27-Apr-2004 MATERIALS 1,809.85 LANG DRY1NALL & ACOUSTICS LTD 283283 31-Mar-2004 MAINTENANCE AND REPAIRS 188.32 LANG DRYWALL & ACOUSTICS LTD 283481 13-Apr-2004 MATERIALS 610.33 LANG DRYWALL & ACOUSTICS LTD 283756 27-Apr-2004 CONTRACT SERVICES 1,574.27 LEGGE,DEBORAH 283616 20-Apr-2004 REFUND 122.84 LEISUREPLAN INTERNATIONAL INC 283757 27-Apr-2004 CONTRACT SERVICES 8,404.85 LEITCH,]AMIE 283358 06-Apr-2004 ADMINISTRATIVE 64.99 LIGHTNING EQUIPMENT SALES LTD 283759 27-Apr-2004 EQUIPMENT 45,582.00 LUNDY'S LANE BIA 283483 13-Apr-2004 GRANT 60~000.00 M & L SUPPLY FIRE AND SAFETY 283769 27-Apr-2004 MATERIALS 3,430.29 MACLEAN,]ASON 283618 20-Apr-2004 ADMINISTRATIVE 156.41 MAIN & FERRY BIA 283485 13-Apr-2004 GRANT 11,812.50 MARIGLIA,JANICE 283360 06-Apr-2004 REFUND 175,00 MARTIN,GRANT 283619 20-Apr-2004 REFUND 15.00 MARTIN ENGINEERING INC 283486 13-Apr-2004 CONSULTING SERVICES 603.96 MATREX COMPANY 283761 27-Apr-2004 MATERIALS 2,242.45 HAVES, DIANE 283361 06-Apr-2004 ADMINISTRATIVE 60.00 MAXWELL PAPER CANADA INC 283487 13-Apr-2004 SUPPLIES 24.20 MCANDRE'VVS AIR LTD 283762 27-Apr-2004 CONTRACT SERVICES 899.87 MCAP SERVICE CORPORATION 283362 06-Apr-2004 REFUND 543.72 MCCONNELL, LUCILLE 283363 06-Apr-2004 ADMINISTRATIVE 60.00 MCDONALD, ROB 283620 20-Apr-2004 ADMINISTRATIVE 202.07 MCKAY HEATH BARRISTERS & SOLICITORS 283621 20-Apr-2004 CONSULTING SERVICES 12,274.65 MCNAMARA,SUSAN 283364 06-Apr-2004 ADMINISTRATIVE 60.00 MCRAE, LEN 283366 06-Apr-2004 REFUND 60.00 ME OLSEN '[TFLES INC 283488 13-Apr-2004 CONTRACT SERVICES 538.23 ME OLSEN 'ITFLES INC 283622 20-Apr-2004 CONTRACT SERVICES 1,210.59 MEREDITH,FRED 283489 13-Apr-2004 REFUND 116.98 METE,ROSINA 283367 06-Apr-2004 REFUND 20.00 METHNER, PETER 283623 20-Apr-2004 REFUND 193.12 METRO COLLISION SERVICES INC 283490 13-Apr-2004 MAINTENANCE AND REPAIRS 14,049.10 METRO PLUMBING & HEATING 283624 20-Apr-2004 CONTRACT SERVICES 14,315.54 MFSIA 2004 SEMINAR 283763 27-Apr-2004 REMITTANCE 214.00 MFSIA 2004 SEMINAR 283764 27-Apr-2004 REMCITANCE 1,247.00 MICRON INSTALLATIONS LIMITED 283491 13-Apr-2004 MATERIALS 267.50 MIGNELLI,CARMEN 283765 27-Apr-2004 REFUND 228.02 MILOJEVICH,RODNEY 283368 06-Apr-2004 ADMINISTRATIVE 105.00 MINISTEROF FINANCE 283284 31-Mar-2004 ADMINISTRATIVE 750.00 MINISTER OF FINANCE 283370 06-Apr-2004 ADMINISTRATIVE 9,600.00 MINISTER OF FINANCE 283492 13-Apr-2004 REMIT['ANCE 1,100.00 MINISTEROF FINANCE 283626 20-Apr-2004 REMITTANCE 4,402.55 MINISTEROF FINANCE 283766 27-Apr-2004 ADMINISTRATIVE 629.80 MINISTER OF FINANCE 283768 27-Apr-2004 ADMINISTRATIVE 752.38 MINISTRY OF ATFORNEY GENERAL 283369 06-Apr-2004 REMI'~'ANCE 1,436.14 MINISTRY OF AI~-ORNEY GENERAL 283531 14-Apr-2004 REMITTANCE 1,436.14 MINISTRY OF ATTORNEY GENERAL 283625 20-Apr-2004 REMITTANCE 1,493.76 MINISTRY OF ATTORNEY GENERAL 283767 27-Apr-2004 ADMINISTRATIVE 1,493.76 MJM/CMA JOINT VENTURES ARCHITECTS 283484 13-Apr-2004 CONTRACT SERVICES 27,864.57 MJM/CMA JOINT VENTURES ARCHITECTS 283760 27-Apr-2004 CONTRACT SERVICES 16,000.54 MOBILE COMMUNICATION SERVICES 283371 06-Apr-2004 MAINTENANCE AND REPAIRS 103.50 MOBILE COMMUNICATION SERVICES 283770 27-Apr-2004 CONTRACT SERVICES 268.98 MODERN LANDFILL INC 283372 06-Apr-2004 CONTRACT SERVICES 61.15 MODERN LANDFILL INC 283627 20-Apr-2004 CONTRACT SERVICES 1,945.00 CzTY OF NZAGARA FALLS ~leC[~y01 /J~ AP5200 Page : 8 MUNICIPAL ACCOUNTS Nio oro Foll J l' Supplier Name Cheque No Cheque Date Purpose Amount MODERN LANDFILL INC 283771 27-Apr-2004 CONTRACT SERVICES 31.79 MONTGOMERY BROS & NORTHLAND SUPPLY 283373 06-Apr-2004 CONTRACT SERVICES 3,792.10 MOROCCO,.1OHN 283493 13-Apr-2004 ADMINISTRATIVE 1,417.50 MOROCCO,JOHN 283628 20-Apr-2004 ADMINISTRATIVE 224.15 MORRISON,KATHY& MORRISON, TIM 283695 23-Apr-2004 REMIqq'ANCE 4,249.25 MOUNTAIN VIEW HOMES LTD 283772 27-Apr-2004 REFUND 122.97 MTC LEASING INC 283629 20-Apr-2004 CONTRACT SERVICES 277.87 MUNICIPAL HEALTH E SAFETY ASSOCIATION 283374 06-Apr-2004 ADMINISTRATIVE 214.00 MY COUNTRY DELICATESSEN 283494 13~Apr-2004 ADMINISTRATIVE 198.44 MY COUNTRY DELICATESSEN 283630 20-Apr-2004 ADMINISTRATIVE 79.77 NATIONAL BANK OF CANADA 283376 06-Apr-2004 REFUND 1,429.86 NEDCO 283495 13-Apr-2004 MATERIALS 2,744.82 NEDCO 283631 20-Apr-2004 HATERIALS 883.20 NEDCO 283773 27-Apr-2004 MATERIALS 883.20 NEXUS ACTUARIAL CONSULTANTS LTD 283632 20-Apr-2004 CONSULTING SERVICES 4,815.00 NIAGARA DISTRICT AIRPORT CON MISSION 283377 06-Apr-2004 GRANT 19,S00.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 283382 06-Apr-2004 REMF[TANCE 1,826.38 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 283532 14-Apr-2004 REMIqq-ANCE 1,826.38 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 283638 20-Apr-2004 REMri-i'ANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 283777 27-Apr-2004 ADMINISTRATIVE 1,981.45 NIAGARA FALLS GIRLS HOCKEY ASSOCIATION 283633 20-Apr-2004 GRANT 400.00 NIAGARA FALLS HUMANE SOCIETY 283496 13-Apr-2004 REMITI'ANCE 118.00 NIAGARA FALLS HUMANE SOCIETY 283497 13-Apr-2004 GRANT 30,083.33 NIAGARA FALLS HUMANE SOCIETY 283774 27-Apr-2004 GRANT 30,083.33 NIAGARA FALLS HYDRO 283378 06-Apr-2004 ADMINISTRATIVE 60.00 NIAGARA FALLS HYDRO 283379 06-Apr-2004 REMITTANCE 9,166.48 NIAGARA FALLS HYDRO 283380 06-Apr-2004 UTILITIES 1,733.49 NIAGARA FALLS HYDRO 283498 13-Apr-2004 REMI'I-FANCE 1,683.96 NIAGARA FALLS HYDRO 283499 13-Apr-2004 UTILITIES 832.26 NIAGARA FALLS HYDRO 283634 20-Apr-2004 REMIlq'ANCE 4,818.90 NIAGARA FALLS HYDRO 283635 20-Apr-2004 UTILITIES 2,263.93 NIAGARA FALLS HYDRO 283775 27-Apr-2004 UTILITIES 434.32 NIAGARA FALLS IGA 283636 20-Apr-2004 ADMINISTRATIVE 36.68 NIAGARA FALLS KIWANIS 283776 27-Apr-2004 ADMINISTRATIVE 100.00 NIAGARA FALLS MINOR HOCKEY ASSOCIATION 283637 20-Apr-2004 REMITTANCE 400.00 NIAGARA FALLS TOURISM 283428 07-Apr-2004 GRANT 80,416.67 NIAGARA FALLS TOURISM 283778 27-Apr-2004 GRANT 80,416.67 NIAGARA INFLATABLES 283779 27-Apr-2004 REMiqq'ANCE 500.00 NIAGARA OCCUPATIONAL HEALTH SERVICES 283639 20-Apr-2004 ADMINISTRATIVE 155.00 NIAGARA ROADS SUPERVISORS' ASSOCIATION 283780 27-Apr-2004 REMI'I-rANCE 450.00 NIAGARA TRANSTI 283383 06-Apr-2004 GRANT 175,000.00 NIAGARA TRANSIT 283694 22-Apr-2004 GRANT 60,000.00 NIAGARA WINE FESTIVAL 283781 27-Apr-2004 REMIl~ANCE 25.00 NICHOLLS MARINE LTD 283640 20-Apr-2004 EQUIPMENT 14,374.38 NORTHERN PAINTERS 283500 13-Apr-2004 EQUIPMENT 3,033.45 NOVATILE & CARPET 283641 20-Apr-2004 MATERIALS 2,558.43 OFFSHORE INFLATABLE BOATS LTD 283501 13-Apr-2004 EQUIPMENT 10,000.00 ONTARIO ASSOCIATION OF EMERGENCY MANAGERS 283384 06-Apr-2004 REMTFI'ANCE 60.00 ONTARIO CHARITABLE GAHING ASSOCIATION 283502 13-Apr-2004 REMIlq'ANCE 400.00 ONTARIO FIRE CHIEFS' SECRETARIES ASSOCIATION 283503 13-Apr-2004 REMIqq'ANCE 50.00 PANETTA,FABRIZ[O 283642 20-Apr-2004 GRANT 45.00 PAPCON CONSTRUC'T~ON INC 283782 27-Apr-2004 REFUND 750.00 PARKSMART 283643 20-Apr-2004 MATERIALS 773.38 PASCOE~REBECCA 283385 06-Apr-2004 ADMINISTRATIVE 301.29 PEAK PERFORMANCE SYSTEMS 283783 27-Apr-2004 ADMINISTRATIVE 12,137.36 PEAK TECHNOLOGIES CANADA 283386 06-Apr-2004 CONTRACT SERVICES 2,661.33 PEC ROOF MAINTENANCE 283505 13-Apr-2004 CONTRACT SERVICES 3,781.62 PEN ENGINEERING LTD 283387 06-Apr-2004 CONSULTING SERVICES 267.50 PENINSULA COMMUNICATION SYSTEMS INC 283388 06-Apr-2004 MATERIALS 129.35 CZTY OF NZAGARA FALLS NCily0f ~'/~ APS200 Page : 7 II, MUNICIPAL ACCOUNTS I Supplier Name Cheque No Cheque Date Purpose Amount PENINSULA COMMUNICATION SYSTEMS INC 283506 13-Apr-2004 CONTRACT SERVICES 139.10 PENINSULA PEST CONTROL LTD 283389 06-Apr-2004 CONTRACT SERVICES 42.80 PENINSULA PEST CONTROL LTD 283784 27-Apr-2004 CONTRACT SERVICES 42.80 PERRI-MED 283507 13-Apr-2004 MATERIALS 220.79 PHILIPS ENGINEERING 283390 06-ApF-2004 CONSULTING SERVICES 89.26 PHILIPS ENGINEERING 283785 27-Apr-2004 CONSUL'F[NG SERVICES 2~313.36 PICCIRILLO,ALEX 283391 06-Apr-2004 REFUND 100.00 PICKSEED CANADA INC 283786 27-Apr-2004 MATERIALS 1,792.75 PIPEFLO CONTRACTING CORPORATION 283392 06-Apr-2004 CONTRACT SERVICES 6,644.70 PIPEFLO CONTRACllNG CORPORATION 283644 20-Apr-2004 CONTRACT SERVICES 29,564.11 PLOUFFE,CARL& PLOUFFE, GIOVANNA 283393 06-Apr-2004 REFUND 752.77 PORTAGE BAKERY LIMITED 283645 20-Apr-2004 MATERIALS 171.00 PO'ITHAST, FRED 283646 20-Apr-2004 REFUND 125.00 PO'I-I'S,]ESSICA 283508 13-Apr-2004 ADMINISTRATIVE 61.24 PRATA,GUY 283647 20-Apr-2004 ADMINISTRATIVE 20.64 PRAXAIR 283509 13-Apr-2004 MATERIALS 403.55 PRECISE PARK LINK INC 283648 20-Apr-2004 CONTRACT SERVICES 1,681.40 PRINT BY N]TE 283535 15-Apr-2004 MATERIALS 776.25 PRINT POETRY RACHEL MONTGOMERY 283394 06-Apr-2004 MATERIALS 225.00 PROJECT SHARE 283510 13-Apr-2004 GRANT 7,916.67 PROJECT SHARE 283787 27-Apr-2004 GRANT 7,916.67 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 283649 20-Apr-2004 CONTRACT SERVICES 2,128.04 PURE WATER 283788 27-Apr-2004 MATERIALS 267.50 PUROLATOR COURIER 283395 06-Apr-2004 REMITI-ANCE 151.59 PUROLATOR COURIER 283511 13-Apr-2004 ADMINISTRATIVE 140.16 PUROLATOR COURIER 283789 27-Apr-2004 REMITTANCE 63.28 R E P CO. 283402 06-Apr-2004 SUPPLIES 100.63 R V ANDERSON ASSOCIATES LIMITED 283515 13-Apr-2004 CONSULTING SERVICES 417.25 R V ANDERSON ASSOCIATES LIMITED 283657 20-Apr-2004 CONSULTING SERVICES 23,996.29 RACO AUTO SUPPLY LTD 283396 06-Apr-2004 MATERIALS 506.98 RACO AUTO SUPPLY LTD 283512 13-Apr-2004 MATERIALS 559.45 RACO AUTO SUPPLY LTD 283650 20-Apr-2004 MATERIALS 544.41 RACO AUTO SUPPLY LTD 283790 27-Apr-2004 MATER]ALS 427.43 RANKIN CONSTRUCT[ON INC 283791 27-Apr-2004 CONTRACT SERVICES 1,384,216.29 READ SAWCU'FFING & CORING INC. 283397 06-Apr-2004 MAINTENANCE AND REPAIRS 240.75 RECEIVER GENERAL 283398 06-Apr-2004 REMITTANCE 159,390.69 RECEIVER GENERAL 283533 14-Apr-2004 REMTTTANCE 162,609.93 RECEIVER GENERAL 283651 20-Apr-2004 REMITfANCE 176,178.11 RECEIVER GENERAL 283792 27-Apr-2004 ADMINISTRATIVE 750.00 RECEIVER GENERAL 283793 27-Apr-2004 ADMINISTRATIVE 168,313.94 RECEIVER GENERAL 283794 27-Apr-2004 ADMINISTRATIVE 86.00 REDEVELOPMENT CONCEPTS INTERNATIONAL 283795 27-Apr-2004 CONSULTING SERVICES 1,274.87 REID & COLONIAL CLEANERS 283799 27-Apr-2004 MATERIALS 84.87 RESQTECH SYSTEMS INC 283403 06-Apr-2004 MATERIALS 239.18 ROADSIDE RENTALS INC 283800 27-Apr-2004 CONTRACT SERVICES 3,622.50 ROB NICHOLSON Q C IN TRUST 283654 20-Apr-2004 REFUND 500.00 ROBERT BENEVENTO ROOFING & SIDING 283653 20-Apr-2004 CONTRACT SERVICES 2,140.00 ROGERS WIRELESS INC 283655 20-Apr-2004 UTILITIES 521.67 RONALD C ELLENS APPRAISALS INC 283656 20-Apr-2004 CONSULTING SERVICES 2,087.50 ROYAL BANK 283404 06-Apr-2004 REFUND 865.50 ROYAL ENVELOPE LTD 283801 27-Apr-2004 MATERIALS 252.44 RUS(~!I II,ANTHONY 283802 27-Apr-2004 REFUND 103.49 SAFEDESIGN APPAREL LTD 283406 06-Apr-2004 MATERIALS 480.57 SAFETY KLEEN CANADA ]NC 283658 20-Apr-2004 MATERIALS 987.25 SALCI,TED 283429 07-Apr-2004 ADMINISTRATIVE 900.00 SALCI,TED 283804 27-Apr-2004 ADMINISTRATIVE 252.00 SALCI,TED 283805 27-Apr-2004 ADMINISTRATIVE 900.00 SCARINGI,VI'TO 283407 06-Apr-2004 ADMINISTRATIVE 215.17 SCOTIA BANK 283808 27-Apr-2004 REFUND 634.26 CITY OF NIAGARA FALLS ~l~City0t ~J~ APS200 Page : 8 MUNICIPAL ACCOUNTS Ni0 ra lls JI Supplier Name Cheque No Cheque Date Purpose Amount SCOTIABANK 283408 06-Apr-2004 REMFFFANCE 108,i14.98 SCOTIABAN K 283409 06-Apr-2004 MATERIALS 1,871.92 SCOTIABAN K 283518 13-Apr-2004 ADMINISTRATIVE 562.12 SCOT]ABANK 283659 20-Apr-2004 REFUND 987.45 SCOTIABANK 283806 27-Apr-2004 ADMINISTRATIVE I22,820.58 SCOTIABANK 283807 27-Apr-2004 ADMINISTRATIVE 580.13 SELECT TOTAL SERVICE 283660 20-Apr-2004 CONTRACT SERVICES 2,596.68 SIBLEY & ASSOCIATES INC 283809 27-Apr-2004 ADMINISTRATIVE 856.00 SICO INC 283661 20-Apr-2004 MATER]ALS 194.31 SIMPLEX GRINNELL 283663 20-Apr-2004 MATERIALS 179.17 SIMPLEX GRINNELL 283810 27-Apr-2004 CONTRACT SERVICES 636.60 SMITH,DARRELL 283411 06-Apr-2004 ADMINISTRATIVE 469.26 SOIL MAT ENGINEERS ~ CONSULTANTS LTD 283665 20-Apr-2004 CONSULTING SERVICES 1,160.95 SOMERVILLE LANDSCAPING 283666 20-Apr-2004 CONTRACT SERVICES 941.60 SPOTLIGHT INC 283812 27-Apr-2004 MATERIALS 1,116.01 ST ANGELO, STEVEN 283668 20-Apr-2004 GRANT 48.00 ST CATHARINES BUSINESS MACHINES 283412 06-Apr-2004 MATERIALS 151.57 STAMFORD HOME HARDWARE 283667 20-Apr-2004 MATERIALS 89.64 STEPHENS,TANYA 283413 06-Apr-2004 ADMINISTRATIVE 231.98 SUNCOR ENERGY PRODUCTS INC 283813 27-Apr-2004 MATERIALS 885.74 SUPERIOR PROPANE INC 283669 20-Apr-2004 MATERIALS 5.75 TALARICO,]OE 283670 20-Apr-2004 GRANT 45.00 TECHNICAL STANDARDS 8~ SAFETY AUTHORII~' 283415 06-Apr-2004 CONTRACT SERVICES 711.75 TELUS INTEGRATED COMMUNICATIONS 283671 20-Apr-2004 UTILITIES 488.75 TELUS NOBILITY 283520 13-Apr-2004 CONTRACT SERVICES 149.47 TELUS MOBILITY 283672 20-Apr-2004 UTILITIES 91.99 TELUS MOBILIT~ 283673 20-Apr-2004 LFFILiT[ES S,772.24 TENNIER SANITATION 283416 06-Apr-2004 MATERIALS 68.08 TERANET INC 283693 21-Apr-2004 ADMINISTRATIVE 5,000.00 THE CANADIAN BAR ASSOC 283521 13-Apr-2004 ADMINISTRATIVE 585.73 THE CANADIAN INSTITUTE 283674 20-Apr-2004 MATERIALS 351,92 THE CHAMBER OF COMMERCE NIAGARA FALLS CANADA 283417 06-Apr-2004 MATERIALS 50,00 THE ENVIRONMENTAL FACTOR INC 283816 27-Apr-2004 MATERIALS 5,469.25 THE 1ACKET CELLAR 283522 13-Apr-2004 MATERIALS 189.75 THE LAROCQUE GROUP 283675 20-Apr-2004 REFUND 1,150.00 THE ONTARIO MUNICIPAL MANAGEMENT INs I ~ I UTE 283817 27-Apr-2004 REMITTANCE 100.00 THE PEPSI BOla-LING GROUP 283523 13-Apr-2004 MATERIALS 588.00 THE REGIONAL MUNICIPALITY OF NIAGARA 283399 06-Apr-2004 ADMINISTRATIVE 56,258.91 THE REGIONAL MUNICIPALITY OF NIAGARA 283400 06-Apr-2004 ADMINISTRATIVE S0.00 THE REGIONAL MUNICIPALITY OF NIAGARA 283401 06-Apr-2004 MATERIALS 154.66 THE REGIONAL MUNICIPALITY OF NIAGARA 283513 13-Apr-2004 ADMINISTRATIVE 345,951.42 THE REGIONAL MUNICIPALITY OF NIAGARA 283514 13-Apr-2004 ADMINISTRATIVE 757.41 THE REGIONAL MUNICIPALITY OF NIAGARA 283652 20-Apr-2004 MATERIALS 5,631.78 THE REGIONAL MUNICIPALITY OF NIAGARA 283796 27-Apr-2004 ADMINISTRATIVE 1,154,814.37 THE REGIONAL MUNICIPALITY OF NIAGARA 283797 27-Apr-2004 ADMINISTRATIVE 475,647.20 THE REGIONAL MUNICIPALITy OF NIAGARA 283798 27-Apr-2004 MATERIALS 470.00 THE REVIEW 283676 20-Apr-2004 ADMINISTRATIVE 721.11 THE REVIEW 283818 27-Apr-2004 REMITTANCE 13,535.43 THE UNIFORM GROUP INC 283418 06-Apr-2004 MATERIALS 46.63 THE UNIFORM GROUP INC 283678 20-Apr-2004 MATERIALS 177.08 TILLER,CHRIS 283679 20-Apr-2004 GRANT 45.00 TIM HORTON'S 283285 31-Mar-2004 MATERIALS 245.99 TOPS AND 8OTI'OMS YACHT SERVICES 283419 06-Apr-2004 MATERIALS 218.50 TOPS AND BOTFOMS YACHT SERVICES 283524 13-Apr-2004 MAINTENANCE AND REPAIRS 51.75 TOROMONT 283420 06-Apr-2004 MATERIALS 65.41 TOROMONT 283680 20-Apr-2004 LEASESAND RENTS 4,370.00 TOTrEN SIMS HUBICKI ASSOCIATES 283819 27-Apr-2004 CONSULTING SERVICES 3,062.38 TRAF PARK INC 283681 20-Apr-2004 CONTRACT SERVICES 101.65 TRI MEDIA MARKETING & PUBLICll~ INC 283683 20-Apr-2004 MATERIALS 178.69 CTTY OF NTAGARA FALLS heCifyof /~ AP5200 Page : 9 MUNICIPAL ACCOUNTS 1 Supplier Name Cheque No Cheque Date Purpose Amount TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC 283682 20-Apr-'~O04 MATERIALS 1,920.50 UNIVERSITY OFTORONTO PRESS [NC 283684 20-Apr-2004 MATERIALS 55.20 V GIBBONS CONTRACTING LTD 283687 20-Apr-2004 CONTRACT SERVICES 37,136.74 VALLANCE,JESSICA 283685 20-Apr-2004 GRANT 60.00 VALUE ADDED SYSTEMS INC 283686 20-Apr-2004 EQUIPMENT 17,089.00 VAN DE LAAR, DAVE 283421 06-Apr-2004 REFUND 69.00 VEGA WIRELESS CORPORATiON 283422 06-Apr-2004 MATERIALS 3,211.95 VICTORIA CENTRE BIA 283525 13-Apr-2004 GRANT 37,500.00 VIKING CIVES LTD 283526 13-Apr-2004 EQUIPMENT 9,585.25 VIKING CIVES LTD 283821 27-Apr-2004 EQUIPMENT 9,585.25 VINELAND QUARRIES 283822 27-Apr-2004 MATERIALS 202.31 VOLP[NI,RICK 283823 27-Apr-2004 REFUND 114.99 WALKER BROTHERS QUARRIES LTD 283423 06-Apr-2004 MATERIALS 616.96 WALKER BROTHERS QUARRIES LTD 283824 27-Apr-2004 MATERIALS 1,086.94 WASAGA BEACH EXTRICATION TEAM 283825 27-Apr-2004 MATERIALS 1,000.00 WATERS, RON 283688 20-Apr-2004 REFUND 125.00 WATERS, RON 283826 27-Apr-2004 ADMINISTRATIVE 111.16 WAlT, DAVID 283424 06-Apr-2004 ADMINISTRATIVE 498.12 WEIR FOULDS 283827 27-Apr-2004 CONSULTING SERVICES 21,081.17 WESTBURNE/RUDDY 283425 06-Apr-2004 MATERIALS 708.42 WESTBURNE/RUDDY 283527 13-Apr-2004 MATERIALS 479.55 WESTBURNE/RUDDY 283828 27-Apr-2004 MATERIALS 170.78 WING,3ANICE 283829 27-Apr-2004 REFUND 673.40 WOLSELEY WATERWORKS GROUP 283528 13~Apr-2004 MATERIALS 2,045.51 WOLSELEY WATERWORKS GROUP 283689 20-Apr-2004 MATERIALS 197.80 WOMEN'S PLACE OF SOUTH NIAGARA INC 283529 13-Apr-2004 GRANT 2,083.33 WOMEN'S PLACE OF SOUTH NIAGARA INC 283830 27-Apr-2004 GRANT 2,083.33 WRIGHT FUELS INC 283426 06-Apr-2004 MATERIALS 13,172.67 WRIGHT FUELS INC 283690 20-Apr-2004 MATERIALS 15,273.47 WRIGHT FUELS INC 283831 27-Apr-2004 MATERIALS 15,251.62 WSlB 283427 06-Apr-2004 ADMINISTRATiVE 3,027.80 WSIB 283691 20-Apr-2004 ADMINISTRATIVE 7,102.34 WSIB 283832 27-Apr-2004 ADMINISTRATIVE 13,653.18 YARNELL OVERHEAD DOOR 283833 27-Apr-2004 CONTRACT SERVICES 108.34 YMCA 283834 27-Apr-2004 GRANT 7,500.00 YMCA 283835 27-Apr-2004 ADMINISTRATIVE 1,155.60 Total: 7,610,826.08 Corporate Services Department L-2004-22 The City of Legal Services R, O, Kallio Niagara Falls!l~l~ 4310 Queen Street City Solicitor Can~~,: P.O. BOX 1023 Niagara Falls, ON L2E 6X5 ~ ~ -- web site: www.cit¥.niagarafalls.on.ca lei.: (005) 356-7521 Fax: (g05) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-22 Voth, Alvin and Susan Assignment of Licence Agreement to Maurice Muthiah And Permanently Closing Part of an Unopened Road Allowance between Township Lot 5 and Gore Lot Our File No. 2004-105 RECOMMENDATION: 1. That Council consents to an assignment of a Licence Agreement, dated January 28, 1985 between Alvin Voth and Susan Voth and The Corporation of the City of Niagara Falls to Maurice Muthiah to permit him to continue using part of an unopened road allowance between Township Lot 5 and Gore Lot between Stamford and Niagara (known as Gore Lots 3, 4 and 5) Stamford Parts 8, Reference Plan 59R-4039 ("subject lands") shown hatched on Schedule "A" attached to this report, for nominal consideration. 2. That Staff be authorized to commence proceedings to permanently close part of an unopened road allowance located north of Mountain Road and east of Dorchester Road being part of road allowance between Township Lot 5 Stamford and Gore Lot between Stamford and Niagara (Known as Gore Lots 3, 4 and 5) Stamford Parts 8, 9 and 10 on Reference Plan 59R- 4039 ("unopened road allowance) and shown in heavy outline on Schedule "A", attached to this report. 3. That this will constitute notice that at its meeting to be held on the 31 st day of May, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 6:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider a by-law to authorize the permanent closing of part of road allowance between Township Lot 5 and Gore Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems Legal Planning & Development May 3, 2004 ~2- L-2004-22 Lot between Stamford and Niagara (known as Gore Lots 3, 4 and 5) Stamford Parts 8, 9 and 10, Reference Plan 59R-4039. The contact person is the writer of this report. BACKGROUND: At its meeting of January 28, 1985, Council authorized a Licence Agreement between Alvin Voth and Susan Voth to permit them to use the subject lands, being a part of an unopened road allowance, as a driveway in conjunction with Mr. and Mrs. Voth's dwelling located at 1830 Dorchester Road and until it was required for municipal purposes, for nominal consideration. Attached hereto as Appendix "1" is a copy of the Licence Agreement. Mr. Paul Heath of McKay, Heath, solicitor for Mr. and Mrs. Voth advised that his clients are selling their property municipally known as 1830 Dorchester Road to Maurice Muthiah. Mr. Muthiah requires confirmation from the City that it will consent to an assignment of its Licence Agreement with Mr. and Mrs. Voth to him. Staff and the Region have no objections to assigning the Licence Agreement to Mr. Muthiah Although the subject lands have been licenced to Mr. and Mrs. Voth since 1985, it has never been formally closed up. It would therefore be in order to permanently close Part 8 on 59R-4039 by way ora by-law and to close the remainder of the unopened road allowance in that area, being Parts 9 and I0 on 59R~4039. Staffhas no objections to permanently closing the unopened road allowance as described in paragraph 2 of the Recommendation. (~spectfully submitted: Mary Morro~,~ ~ Cc, hie f Ad~JO]m Ma~nDiOninsa ltrdative O ffi cer Law Clerk ~a~~ tby:R ,~ Cit'r Solicitor Ap r,,oved by: T. Ravenda Executive Director of Corporate Services MM/lb attachs. SCHEDULE "A" THIS AGREEMENT made as at the twenty-eighth day of January, A.D., 1985. BETWEEN: THE CORPORATION OF ~E CITY OF NIAGARA FALLS, Hereinafter called the "City", of the FIRST PART; - and - ALVIN ¥OTH and SUSAN ~OT~, both of the City of Niagara Falls, in the Regional Municipality of Niagara, Hereinafter called the "Licensees", of the SECOND PART. W~EREAS that part of the unopened road allowance between Stamford Gore 3, 4, and 5 and To.ship Lot 5 for the former Township of Stamford (now in the City of Niagara Falls) described in Schedule "A" attached hereto (her~ln referred to as "the City's land") is not needed by the City at the present time for highway purposes; and ~EAS the Licensmes are the o~ers of the abutting lands de.~cribed in Schedule "B" attached hereto and have requested the City*s permission to maintain amd use the City's land as a driveway until it is needed for municipal purposes; and WHEP~EAS the.City has agreed to grant the Licensees permission to do so upon the te~s hereinafter contained; NOW THEREFORE this agreement witnesseth as follows: 1. I~e City'insofar as it has authority to do so, hereby agrees that the Licensees may without further license on the part of the City use and emjoy the City's land during the pleasure of the Council of the City for the purpose of a driveway used in conjunction with the Licensees' proposed dwelling. 2. ~is license shall be null and void upon default of any term herein 4. No transfer or assigr~e%t of ~h~ license or of any rights hereunder shall be made by the Licensees without the written consent thereto of the city. 5. No building, and no structure or a fixture other than a driveway, shall be erected on the City's land and s.ch driveway and all improvealents required to the City's land to make it suitable for the purposes of the Licensees shal] be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensees and shall be entirely at the risk of the cause arising. The driveway shall be co.striated and maintained at all times so as to follow the natural contours of the land and so as not to block any existing drainage facilities. 6. In the event that the City requires the land for municipal purposes it may terminate this license at any. time by giving notice im writing to that effect to the Licensees and the Licensees shall, forthwith upon the termina- tion of this license, surrender possession of the City's land. 7. The Licensees covenant and agree with the City to maintain the City's land in a conditdon acceptable to the. City. 8. The Licensees acknowledge that the City shall not be responsible for any loss, costs, damage or injury (.including death) to persons or property of the Licensees or of any other person or persons using the City's land for the 9. The Licensees shall indemnify and save harmless the City from and against arising out of or connected with the existence of this license or anything 10. Nothing done or maintained hereunder shall he construed to be the assumption of the City"s land for public highway purpose~, having been so given at the time of the deposit thereof in the post office at Niagara Falls, Ontario. IN WITNESS WHEREOF the Licensees and the City have hereunto executed this agreement. SIr:NED, SEALED AND DELIVERED In the presence of ] ~ME CORPORATION OF THE ] CITY OF NIAC, ARA FALLS ] MAYOR ]~~ DEPUTY CLERK SUSAN VOTH ] dated the 28th day of January, 1985 between The Corporation of the City of Niagara Falls and Alvin Voth and Susan Vnth ALL AND SINGULAR that certaim parcel or tract of land and premises, situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of that part of the unopened road allowance between Stamford Gore Lots 3, 4, and 5 and Township Lot 5 for the former Township of Stamford, designated as Part 8 on Pla~ $9R-4039. dated the 28ch day of January, 1985 between The Corporation of the City of Niagara Falls and Alvin Voth and Susan Voth ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of those parts of Township ~t 5 for the former Township of Stamford, designated as Parts 11, 12, and 13 on Plan 59R-4039. Corporate Services Department L-2004-23 The Cih/of Legal Services R.O. Kallio Folls,m~ 4310 Queen Street City Solicitor Niogoro P.O. Box 1023 Canado~ ~~ Niagara Fa[is, ON L2E 6X5 ~~"m~! ~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city, niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-23 1149962 Ontario Limited (Matovie) purchase from City - Part of Falls Industrial Park Amendment to Agreement of Purchase and Sale Our File No.: 2003-190 RECOMMENDATION: That the Agreement of Purchase Sale between 1149962 Ontario Limited and The Corporation of the City of Niagara Falls, dated February 23, 2004 with respect to City-owned lands which are part of the Falls Industrial Park, north of Chippawa Parkway, west of KisSer Road and south-east of Ramsey Road, attached as Appendix "1", be amended as follows: 1. Delete the legal description as set out under Real Property and insert the following legal description on page 1: "All of Lots 26 to 33 inclusive, all of Lots 37 to 41 inclusive, Part of Block "A", all of Block "C", Part of Don Murie Street, Part of Anderson Crescent, Block E (1 Foot Reserve) all on Plan M67, Part 4 on Reference Plan 59R-3654, together with an assignment of the Vendor's interest in an easement over Part 1 on Reference Plan 59R-3654 as set out in instrument number LT-24005, reserving a 6.096 metre (20 feet) easement in width, in favour of The Corporation of the City of Niagara Falls, over part of Block "C" Plan M 67 located west of Parts 5 and 6 on Reference Plan 59R-2640 as shown as Part 2 on Schedule "A" attached, in City of Niagara Falls, Regional Municipality of Niagara, comprising of approximately 60 acres more or less, as hatched on Schedule "A" attached (the "property") Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development May 3, 2004 - 2 - L-2004-23 2. On the first page, delete the words "thirty (30)" and insert the words "ninety (90)" in lieu thereof resulting in an amended paragraph to read as follows: "The Purchaser and Vendor agree that this transaction shall be completed ninety (90) days after the Purchaser gives the Vendor notice in writing that it has completed its due diligence, or sooner, if mutually agreed upon by the parties." 3. Delete Schedule "A" and attach Schedule "A" attached hereto. 4. Delete Schedule "B' and attach Schedule "B" attached hereto. BACKGROUND: At its meeting of December 15, 2003 Council accepted the Offer to Purchase received from 1149952 Ontario Limited to purchase City-owned lands which are part of the Falls Industrial Park, north of Chippawa Parkway, west of Kister Road and south-east of Ramsey Road. This Agreement was terminated by the Purchaser because of due diligence concerns. On February 23, 2004, Council offered the same Agreement to the Purchaser and extended the date for the Purchaser to conduct its due diligence, which Olt'er was accepted by the Purchaser. Subsequent to the second Agreement of Purchase Sale, Mr. Matovic, the owner of 1149962 Ontario Limited met with Municipal Works staff to re-negotiate the required easement within the hazard lands, as set out in Schedule B, paragraph 2 of the Agreement of Purchase and Sale. Schedule B, paragraph 2 of the Agreement of Purchase and Sale sets out as follows: "2. The said Reference Plan shall show apart or parts of the property setting out an easement, being ten (10) metres on either side of the watercourse traversing along the easterly boundary of the property." Municipal Works agreed with Mr. Matovic that a 10 metre easement on either side of the watercourse traversing along the easterly boundary of the property within the hazard lands being Part 1 on Schedule "A" attached, was no longer required. In the alternative, Municipal Works is recommending an easement 6.096 metres (20 feet) in width to the existing storm outlet, as shown as Part 2 on Schedule "A' attached. Municipal Works further suggested the City retain the southerly portion of the watercourse and part of Don Murie Street, as shown as Part 3 on Schedule "A" attached, so that it can maintain access in and around the southerly part of the watercourse and to construct a proper turn-around. The purchascr's solicitor has confirmed that the Purchaser agrees to removing Part 3 on Schedule "A" from the Agreement of Purchase and Sale and further agrees to not take an abatement in the purchase price. May 3, 2004 - 3 - L-2004-23 In order facilitate the foregoing suggested amendments, it will be necessary to make the following amendments to the Agreement of Purchase and Sale: 1. Delete the legal description as set out under Real Property and insert the following legal description on page 1: All of Lots 26 to 33 inclusive, all of Lots 37 to 41 inclusive, Part of Block "A", all of Block "C", Part of Don Murie Street, Part of Anderson Crescent, Block E (1 Foot Reserve) all on Plan M67, Part 4 on Reference Plan 59R-3654, together with an assignment of the Vendor's interest in an easement over Part 1 on Reference Plan 59R-3654 as set out in instrument number LT-24005, reserving a 6.096 metre (20 feet) easement in width, in favour of The Corporation of the City of Niagara Falls, over part of Block "C" Plan M 67 located west of Parts 5 and 6 on Reference Plan 59R-2640 as shown as Part 2 on Schedule "A" attached, in City of Niagara Falls, Regional Municipality of Niagara, comprising of approximately 60 acres more or less, as hatched on Schedule "A" attached (the "property") 2. Delete Schedule "A" and attach Schedule "A" attached hereto. 3 Delete Schedule "B" so as to amend the following paragraphs: 2. The said Reference Plan shall show a part or parts of the property setting out an easement, being ten (10) metres on either side of the watercourse traversing along the easterly boundary of the property. 3. The Vendor shall reserve for itself an easement having full rights of access, inspection, repair, construction or maintenance of the said watercourse. 4. The attached amended Schedule "A" sets out a turning circle at the southerly boundary of Lot 19 on Don Murie Street, which will be reflected in the said Reference Plan. and insert Schedule "B" attached hereto. Further amendments to the Agreement of Purchase and Sale are suggested in order to facilitate the closing of this transaction: 1. In order to allow sufficient time to permanently close the roads upon the Purchaser completing and notifying the City of completing its due diligence, it was suggested that the date set for closing be extended. Therefore it will also be necessary on the first page of the Agreement of Purchase and Sale to delete the words thirty (30) and insert the words ninety (90) resulting in an amended paragraph to read as follows: "The Purchaser and Vendor agree that this transaction shall be completed ninety (90) days after the Purchaser gives the Vendor notice in writing that it has completed its due diligence, or sooner, if May 3, 2004 - 4 - L-2004-23 mutually agreed upon the parties." 2. Parts 4 and 5 on Schedule "A" are one foot reserves that will no longer be required by the City and should be included in the description of the land to be sold to 1149962 Ontario Limited. 3. Part 7 is a part wherein The Corporation of the City of Niagara Falls has an easement to travel at all times, over, along, across and upon lands owned by Washington Mills Limited, for emergency access. Municipal Works has confirmed that this access will serve as no further purpose to the City. The Purchaser has requested that the same right be transferred to it by way of a Transfer/Deed of Land. Because of subsequent negotiations between the Purchaser and the City, amendments to the Agreement of Purchase and Sale are required. PrePT~y: Respectfully submitted: -~'"'"- ~ MacDonald  ~ ~ief Administrative Officer l~I<?allio v LJ City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb AGREEMENT OF PURCHASE AND SALE / 3. R~NT~tL ITEMS: The following equipment is rented and not included in the Purchase Brice. The Purchaser agrees to ass~e the rental contract(s), if assumable: N/A 4. IP-nEVOCABILITY: This Offer shall be irrevocable by Purchaser until 5:00 p.m. building may be insured against risk of fire. Vendor hereby consents to the ~icipallty or other governmental agencles releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. ~A~DAT NiaGara Falls this 24th day of November ,2003 han~ ~-~ ~-~.~L~=~D DELIVERED i~ the presence of: IN WITNESS whereof I have hereunto ~ DATE SI~ED,DATED ATs~DNiaqara~D DSLI~DFalls In the this dayio~ 'e H:~lienE1149962~GREEM2.P&S SCHEDULE "A" SCHEDULE B ADDITIONAL CONDITIONS 1. The Purchaser shall obtain and register, at its sole cost and expense a Reference Plan setling out the property. 2. The said Reference Plan shall show a part or parts of the property setting out an easement, being ten (10) metres on either side of the watercourse traversing along the easterly boundary of the property. 3. The Vendor shall reserve for itself an easement having full fights of access, inspection, repair, construction or maintenance of the said watercourse. 4. The attached amended Schedule "A" sets out a turning circle at the southerly boundary of Lot 19 on Don Mur/e Street which will be reflected in the said Reference Plan. Ni(3goro F~IIs Schedule "A" Part 2 PROGRESS ST Part 4 Part Part 5~ Part 3 SCHEDULE B ADDITIONAL CONDITIONS 1. The Purchaser shall obtain and register, at its sole cost and expense a Reference Plan setting out the property. 2. The said Reference Plan shall show a part of the property setting out an easement over Part 2 as shown in the attached Schedule "A" which is a part west of Parts 5 and 6 on 59R-2640, being an extension in width of 6.096 metres (20 feet) more or less, to the existing storm outlet. 3. The Vendor shall reserve for itself an easement having full rights of access, inspection, repair, construction or maintenance over Part 2 as sho~vn in the attached Schedule "A". Corporate Services Department L-2004-24 The Ci of sJlf~Legal~k Services tV R.O. Kallio · 4310 Queen Street City Solicitor N~agara Fall P.O. Box 1023 Canaaa~~~~ Niagara Falls, ON L2E 6X5 .~111~'F web site: www.city.niagarafails.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of thc Municipal Council City o£Niagara Falls, Ontario Members: Re: L-2004-24 Various Street Ends and Road Allowance along the Welland River in Chippawn to be permanently closed Our File No. 2004-110 RECOMMENDATION: 1. That various street ends and a road allowance along the Welland River in Chippawa, as shown on Schedule "A" attached, be permanently closed. 2. That this will constitute notice that at its meeting to be held on the 31 st day of May, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 6:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider a by-law to authorize the permanent closing of the following street ends and a road allowance: (a) Reilly Street End - Reilly Street Plan 251 Village of Chippawa (formerly fourth Cross Street) lying between Front Street and Welland River, Niagara Falls, designated as Part 1 on Reference Plan 59R-11705. All of P1N 64255-0204. (b) Oliver Street End - Part of Oliver Street Plan 251 Village of Chippawa lying between Bridgewater Street and Chippawa Creek, Niagara Falls, designated as Part 1 on Reference Plan 59R-11790. Part of P1N 64255-0018. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems Legal · Planning & Development May 3, 2004 -3- L-2004-24 (c) Pell Street End - Pell Street Plan 251 Village of Chippawa (formerly Third Cross Street) lying between Welland River and Front Street, Niagara Falls being designated as Parts 1 and 2 on Reference Plan 59R-11915. All of PIN 64255-0139. (d) Unnamed Street End - Unnamed Street Plan 251 Villageof Chippawa lying north of Bridge~vater Street, Niagara Falls, being designated as Part 1 on Reference Plan 59R-11932. All of PIN 64255-0021. (e) Sophia Street End - Part of Sophia Street, Plan 251 Village of Chippawa lying between Bridgewater Street and Chippawa Creek, being designated as Parts I and 2 on Reference Plan 59R- 11792. Part of PIN 64255-0018. (f) Sodom Road End - Road allowance between Concessions 2 and 3 Willoughby being Sodom Road, lying south of Welland River and north of westerly production of the southerly limit of Part I on Reference Plan 59R~9283, Niagara Falls being designated as Part 1 on Reference Plan 59R~11734. Part of PIN 64255-0016. which street ends and road allowance are shown on Schedule "A" attached. The contact person is the writer of this report. BACKGROUND: Council authorized Staff to proceed with the closing of certain street ends located along the Welland River in Chippawa. The City currently has seven Licence Agreements over six street ends and one Licence Agreement over a road allowance in the former Village of Chippawa upon which licensees have constructed cottages. The Licence Agreements commenced February 1,2002 and continue for a term of 40 years. As almost all outstanding matters have been finalized, it would be in order to permanently close the street ends and the road allowance to relieve the City of potential liability. May 3, 2004 -3- L-2004-24 Staff recommends that the various street ends and road allowance as set out in Schedule "A" be permanently closed by way of a by-law.  Respectfully submitted~/ Mary ~tlorrone ald Law,~lerk YChief Administrative Officer ~a Cit~' Solicitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb attachs. SCHEDULE Corporate Services Department L-2004-26 The City ot Legal Services R. 0. Kallio Niogoro Follsl~l~, 4310 Queen Street City Solicitor Con~~,~ P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ ~ -- web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-maih rkallio@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-26 Maloney/Martens Agreement with the City Building Permit (Checkerboard Lot) Part 6 on Reference Plan 59R-2627 - Miller Road Our File 2004-119 RECOMMENDATION: An Agreement between the City and Mark Joseph Gordon Maloney and Sandra Lee Martens regarding an application for a Building Permit be authorized. BACKGROUND: Mark Joseph Gordon Maloney and Sandra Lee Martens are the owners of Part Lot 14, Concession 2 in the former Township of Willoughby now in the City of Niagara Falls designated as Part 6 on Reference Plan 59R-2627 shown hatched on Schedule "A" attached. The subject parcel was created under a checkerboard pattern. Pursuant to City policy respecting lots created in this manner, any person or persons making application to the City for a Building Permit is required to enter into an Agreement with the City to ensure that no Building Permit be issued until such time as certain requirements are met. The Agreement not only binds the owners of the subject land but also their respective heirs, executors, administrators and assigns in title. In exchange for meeting the requirements described in the Agreement, a Building Permit would be granted to the owners of the subject lands. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal · Planning & Development May 3, 2004 - 2 - L-2004-26 Staff reviewed the request and determined that the Agreement between the parties would be appropriate to adequately protect the City. / Prepared by: Respectfully submitted: /~/ ~ //John MacDonald Law Clerk //Chief Administrative Officer 7 City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services SCHEDULE Community Services Department Municipal Works Ed Dujlovic, P. Eng. The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 MW-2004-73 Canada web site: wwvv.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: mu nwks@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: M[W-2004-73 Niagara Public Purchasing Committee NP-03-2004 Granular Materials RECOMMENDATION: It is recommended that the supply of granular material be awarded to Lafarge Canada and Walker Industries. BACKGROUND: For Niagara Falls Zone 1, Lafarge Canada was low bidder. Walker Industries also bid and purchases will be made from each supplier based on aggregate type, cost and proximity to job sites. For Niagara Falls Zone 2 (south-end) Walker Industries is low bidder. Due to distances, other supplier's bids are not acceptable. Granular use will be allocated to several accounts in Municipal Works refiecting usage. There is no discernable price increase from the 2003 prices. Prepared b /,xRespectfully submitted: John Morocco //}lohn MacDonald ~ a~ Operations Superintendent {,,/Chief Administrative Officer ApProvefi- d Dujl~ovic,~n. Director of Municipal Works /It Attach. S \REPORTS~2004 Reports\M W-2004-73 wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws Page 2 TENDER NP03 2004 - SUMMARY Dunnville Hard Rock Lat~argc Canada Nelson Aggregate Port Colborne Vinem~ nl GRANIJLAR MATERIALS Rock Products Consrrm rion Inc Queenslon Quart Company Quanies Limited QuaIl~ys Industries B DELIVERY LOCATION With Triaxle a l City of Niagara I~alls Zone I no $434 pc~ tonne $2.68 per torino S565 per tomm Upon Minimum Order for DelivcU, (tom,es) 35 toimcs Mimmum Ordei tbr Deliveo' (Tonnes) 35 tollnes Page I TENDER NP03-2004 - SUMMARY Dmmville Hard I{ock Lafarge Canada Nelson Aggregate Port Colbome Vinemo iht Walker GRANULAR MATERIALS Rock Products Construction lnc Queenston Quart. Company Quarries Limited OuaIx:es lndusnies A DEFINITION AND SPECIFICATIONS Unit Price Unil Price Unit Price Unit Price Unit Price Unit Price Unit Price Per Tonne Per Tonn~ Per Tonne Per Tonne Per Torme Per Tonnc Per Tomle 1 5/8" Gramdar Class A' (Spec-OPSS 1010} $8.25 $970 $9.12 $856 $905 5825 $975 2 7/8" Granular Class "A" { Spec - OPSS 1010) $ 8.00 $ 9 15 $ 8.87 $ 8.06 $ 865 $ 8 00 $ 950 3 Granular Class "B' Pit Run ( Spec OPSS 1010) no bid no bid : no bid $ 656 * $ 855 no bid $ 9 00 4 Granular Class "M" (Spec OPSS 1010) $ 8.2> $ 9.70 $ 9 12 $ 8.56 no bid S 8 25 no bid 5 Granular Class '~A' (Spec OPSS 1010) 3/4" T.B $ 8.00 S 9 15 $ 8 87 $ 8.06 $ 8 65 $ 8 00 S 9 50 6 Yg' Clear Stone $10.75 ;I045 no bid $11.81 * $ 998 $1075 $12 00 7 3/4" Clear Stone $1175 ;10.45 ;10.50 $1081 $ 854 $117> $I2 00 8 2" Crushed Rock Stone (Crusher Run) $ 7.75 ; 9.00 ; 8.35 $ 8.06 $ 855 $ 7 75 $ 900 9 Clnashed Rock Screer~mgs (nol sand cushion) $ 800 $10.70 no bid no bid $ 9.42 $ 8 00 $10 23 10 Limestone Screenings ( ]/4 Minus) $ 8.00 ;10.70 no bid $ 5.06 $ 9.42 $ 8 00 $102> 1 1/4" Stone Chips Washed no bid $1200 no bid no bid no bid no bid il 200 12 Agricultural L/me no bid no bid no bid no bid no bid no bid $ 9 00 l 3 '/2" Traffic Bond $ 825 $ 9.70 ; 912 $ 8 56 ; 9.05 $ 825 $ 9 73 ]4 3/4" Traffic Bond $ 800 : 9.15 $ 8.87 $ 806 ; 8.65 $ 800 ; 9>0 5 Metermg S~one (P Gravel) $13.00 no bid no bid $2006 no bid ! $11 00 no bid 6 Delivery Charges ( if applicable) $ not staled $ Upon Request $1 41 for 1 ~ km ~0.25 / Per km ; not stated $ not stated $ 1 17 / Per tan to other than secnon B Locations 128 cents per additional kms · sec tender Page 3 TENDER NP03-2004 - SUMMARY Dunn~ille Hard }~ock Lafarge Canada NeLson Aggregate Port Colborne Vinenxmrlt ~ ~ikc~ GRANULAR MATERIALS Rock Products Consm~i tton lnc Queenston Quarr Company Quames Lindted ()ua~, s indusmes B DELIVERY LOCATION Tandem Axle a 1 City of Niagara Falls Zone 1 $6.50 per roime Mininmm Order fbr Delixerv (Tonnes) 16 toImes a 2 City of Niagara Falls Zone 2 $650 Minimum Order for Delix'er~ (Tmmes) 16 tormes b Town of Fort Erie $900 per tolme Minimum Order fm Delivery (Tmmes) 16 tonnes c Niagara Parks Commission $675 per torme Minimum Order fi~r Deli~ ery (Tom,es) 16 toImes : d City of St. (atharines $5.25 per tonne Mimmum Order tilt Dclixely (Tormes) 16 tormes Community Services Department MW-2004-77 Municipal Works Ed Dujlovic The City ut t 4310 Queen Street Director Niogoro Niagara Falls, ON L2E 6X5 Con~,l~' web site: www.city.niagarafalls.on.ca ~11~~ - l-- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city,niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2004-77 Police Week 2004 May 10, 2004 - May 15, 2004 RECOMMENDATION: It is recommended that this report be received for the information of Council. BACKGROUND: The Niagara Regional Police are in the process of co-ordinating Police Week 2004. The event will be one week in duration (May l0th through May 15t~ ) and will feature static and interactive displays within shopping centres throughout Niagara Region. The event will culminate with the RCMP Musical Ride to be held Sunday, May 23a and Monday, May 24th at the Merritton Lions Park in St. Catharines. Traffic & Parking Services staff will be participating in the event on Wednesday, May 12~ at Niagara Square. A static exhibit geared toward public education and awareness of traffic safety will be featured through the following: Neighbourhood Speed Watch program - a program that concerned residents may partake in to assess and reduce speeds in their neighbourhoods · Identification of Traffic & Parking bylaws throughout the City of Niagara Falls · Pedestrian safety at traffic signals · Information about all-way stop controls Furthermore, a display depicting a road and adjacent school area will be set up and available for children to role play as either a school crossing guard, school bus driver, pedestrian or a motorist. The interactive display will teach children traffic safety roles around school properties. Staff will be on hand for the day to assist, discuss and answer questions from the public. Working Together to Serve Our CommuniO~ Municipal Works · Firs Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 3, 2004 - 2 - MW-2004-77 It is anticipated that approximately 20 organizations/agencies will be participating in the event. Display dates at shopping centres are: Wednesday, May 12~ - Niagara Square, Niagara Falls Thursday, May 13th - Seaway Mall, Welland Friday, May 14th ~ 15th - Pen Centre, St. Catharines Promoting "traffic safety" in Niagara Falls is considered to be a valuable opportunity for staff to participate in. It is believed that the community will benefit through the education and awareness process via the programs/displays available on May 12th at Niagara Square. Council's concurrence with the reconunendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren Manager of Traffic & Parking Services [/'Chief Administrative Officer Approved ~3{ Director of Municipal Works M.Camck S:\TRAFF1C\P. EPORTS~2004\Coun¢iI~VlW-2004-77 - Police Week File: G-1804)1 Community Services Department R-2004-21 The City of Parks, Recreation & Culture Adele Kan Niagara Falls yJ ~,~ 431p.0.0 BoxQUeen1023Street Director Carlodo_,m~m~,i~ Niagara Falls, ON L2E 6X5 ~-r web site: www.city.niagarafal~s.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-21 - The Chippawa Jr. "C" Hockey Club and The Corporation of the City of Niagara Falls Agreement RECOMMENDATIONS: That the agreement between The Chippawa Jr."C" Hockey Club and the C~ty' be approved and that the Mayor and City Clerk be directed to sign the agreement. BACKGROUND: The Chippawa Jr. "C" Hockey Club has requested the Agreement be renewed. Staff met with members of the Hockey Club to discuss the Agreement and recommends that the agreement continue for a two-year period There are no significant changes in the agreement. ~ 'Rec°mmen~~'~ J°~~ MacD°nal~ d~Respectfully submitted: Director of Parks, Recreation & Culture k/ Chief Administrative Officer AK/das S:\Council\Counci12004\R-2004-21 - Jr. C Hockey Agreement.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department R-2004-22 ]'he City of Parks, Recreation & Culture Adele Eon FailsYi ~_ 4310 Queen Street Director Niagara P.O. Box 1023 Ccln~d?~,~~ Niagara Falls, ON L2E 6X5 ~1~~~ ~'-- web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-22 - Cash in Lieu of Parkland Dedication RECOMMENDATION: That Council direct Staff to investigate the potential impacts of market value assessment for conveyance of parkland. BACKGROUND: Through section 42 of the Planning Act, the Municipality has the right to either request land or cash in lieu of the conveyance of parkland through the subdivision and severance process. To date, if the City requested cash in lieu of the conveyance of parkland, the land would be valued on the date prior to draft plan approval. The Assistant City Solicitor has reviewed two decisions of the Ontario Municipal Board dealing with the issue of using appropriate market value in calculating cash payments. The use of market value will significantly increase the payment to the City and thereby increase the needed funds that can be used for potential parkland acquisition and development. Staff will further investigate this matter and so advise our Developers. ~ Respectfully submitted: ~irK~;t~r of Parks, Recreation & Culture tive Officer S¢Council\Counci12004\R-2004-22-Cash in Lieu of Parkland Dedication wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department R-2004-23 · ,~ Parks, Recreation & Culture 1'he Qty of Adele Eon ..... Ji~ . 4310 Queen Street Director N agara m,s j , lllr P.O. Box 1023 Canada~~ Niagara Falls, ON L2E 6X5 ,~1111~~ T'~ web site: www.city.niagarafalls.on,ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca May 3, 2004 His Worship Mayor Ted Salci and Members of thc Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-23 - Bambi Neighbourhood Park Playspaee Equipment Proposal P01-2004 RECOMMENDATION: That the proposal from Belair Recreational Products Inc., for the supply and installation of new playspace equipment at Bambi Park, in the amount of $ 23,193.00 including taxes be approved. BACKGROUND: Parks, Recreation & Culture staff, thru the Supply & Services Section, issued a public invitation for design proposals for new playspace equipment at Bambi Neighbourhood Park. The proposal required the supply & installation of new creative playspace equipment for a total budget of $25,000.00 including taxes. Six (6) playground companies submitted proposals to the City. Staffcompleted a thorough review of each proposal and preferred the Belair design submission. The decision for the successful playspace proposal was not based solely on the price, since the total budget was provided in the Request for Proposal. Factors such as number of slide opportunities, play value, access points, design appearance, and maintenance were considered in the decision making process. Financing: Funds for this project are included in the 2004 Capital Budget. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 3, 2004 - 2 - R-2004-23 Prepared by~ Respectfully submitted: Jeff Ctaydo~/ -~ }t //John MacDonald [ Landscape Architectural Technologist /t~/' Chief Administrative Officer Director of Parks, Recreation & Cult~e JC/das S:\Council\Counci12004\R~2004-23 Bambi Park Playspace Equipment.wpd