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2004/06/14
PLANNING/COUNCIL MEETING Monday, June 14, 2004 Order of Business and Agenda Package PLANNING MEETING June 14, 2004 1. PRAYER: Alderman Joyce Morocco 2. O CANADA: Emma Sturm and Jenna Warriner, currently attending Niagara District Secondary School, will sing the National Anthem. 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 Local Spiritual Assembly of the Baha'i's of Niagara Fall-~ Tina Saleh, a young member of the Baha'i community will present a token of appreciation to Mayor Salci for his attendance and participation in the International Day to Eliminate Racism. Project S.H.A.R.E. His Worship Mayor Salci will present a cheque to Mr. John Carter, Past Chair, Project S.H.A.R.E. subsequent to the funds raised through a barbeque held at City Hall on May 28, 2004. Mayor's Report Report--2004-01 - Re: Niagara Falls People Mover Project - Short List of Responses to Request for Proposals (RFP); Step I (Work Program). -:2- PUBLIC MEETING Report R-2004-36 - Re: Millennium Trail, Phase 2 South of McLeod Road. - AND - Petition from the residents of Redhaven & Ronnie Crescents. As per Council direction, notices were delivered to the residents from Ronnie and Red haven Crescents, who back onto the Power Canal, and Mayor Salci will request if there is anyone in attendance who wishes to speak to the matter. PLANNING MATTERS ITEM NO. 30 Public Meeting Fernwood Draft Plan of Subdivision File: 26T-11-2004-03 (Revised) Owner: 800460 Ontario Limited Background Material: Recommendation Report: PD-2004-52 -AND - Correspondence from Mr. Peter Grandoni Correspondence from Ms. Jean Grandoni Correspondence from Davies Howe Partners ITEM NO. 31 Public Meeting AM-24/2004, Zoning By-law Amendment Application 6131 Virginia Street Applicant: Deborah Mclnnes Proposed Conversion of Existing Building Background Material: Recommendation Report: PD-2004-53 -AND - Correspondence from Marianne Krutasky Correspondence from Regional Niagara, Planning & Development Department -3- ITEM NO. 32 Public Meeting AM-22/2004, Zoning By-law Amendment Application 6609 Stanley Avenue Applicant: Rudan Holdings Limited Proposed Temporary Use - Commercial Parking Garage Background Material: Recommendation Report: PD-2004-48 -AND - Correspondence from Regional Niagara, Planning & Development Department Correspondence from Nicodemus Oey ITEM NO. 33 Public Meeting AM-29/2004, Zoning By-law Amendment Application 4085 Stanton Avenue Applicant: Victor Elms Proposed Four-Storey Apartment Background Material: Recommendation Report: PD-2004-50 -AND - Correspondence from Audrey & Louis Vendramin Correspondence from Peter H. Hughes Correspondence from Regional Niagara, Planning & Development Department ITEM NO. 34 Public Meeting AM-21/2004, Zoning By-law Amendment Application 5640 & 5700 Stanley Avenue; 5651, 5653 & 5659 Buchanan Ave. Applicant: Carmen Grisafi (TAGC Holdings) Proposed: Rezoning to Permit a 6-Storey, 130 Room Hotel Background Material: Recommendation Report: PD-2004-47 -AND - Correspondence from Vito & Maria Tassone and Biagio & Raffaela Tassone and Maria Catanzaro Correspondence from Regional Niagara, Planning & Development Department -4- ITEM NO. 35 Public Meeting AM-09/2004, Zoning By-law Amendment Application 6177 McLeod Road Applicant: Disante Management Inc. Agent: DL Enterprises (Donato Colangelo) Proposed Triplex Dwelling Background Material: Recommendation Report: PD-2004-25 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD-2004-54, Regional Policy Plan Amendment 187, "A Healthy Landscape, Healthy Communities, Proposed New Environmental Policies for Niagara". REGULAR COUNCIL Please be advised that the Minutes of the May 31, 2004 Council meeting will be available at the next Council meeting. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. The Royal Canadian Legion - Re: Special Occasion Permit - advising that the Royal Canadian Legion Branch #479 in association with the Niagara Falls Board of Museums will be hosting The Battle of Lundy's Lane, War of 1812 re-enactment from July 2n~ to July 4th, 2004 and requesting that the event be designated a community event. RECOMMENDATION: That the request be supported. See Resolution later on the Agenda. 2. The United Empire Loyalists' Association of Canada - Re: Proclamation - requesting that Council proclaim the week of June 13th to June 19t~, 2004 as "United Empire Loyalists' Week" in Niagara Falls; and requesting that the Loyalist flag be flown during that week at City Hall. RECOMMENDATION: That the requests be approved. -5- 3. Spina Bifida & Hydrocephalus Association of Ontario - Re: Proclamation - requesting that Council proclaim the month of June, 2004 as "Spina Bifida and Hydrocephalus Awareness Month", in Niagara Falls. RECOMMENDATION: That the request be approved. 4. Downtown Niagara Falls, Board of Management - Re: Large Scale Bars - requesting that the City investigate amending its zoning by-laws in order that the Downtown Board is not faced with the prospect of fighting a proliferation of applications for large scale bars and that staff look at relevant zoning by-laws and other legislation to remove a use that would allow large scale nightclubs to operate in the downtown core. RECOMMENDATION: That Council approve the B.I.A.'s request and refer to staff. 5. Order of Sons of Italy of Canada - Re: Club Italia's Annual Picnic - advising that a pyrotechnic fireworks display at Club Italia's Annual Picnic will be held on July 11, 2004. RECOMMENDATION: To approve subject to established policy. 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 Selina Volpatti, Chair) CLERK'S DEPARTMENT MATTERS 1. Chief Administrative Officer CD-2004-13, Request for Compliance Audit. 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-2004-12, Amendment to Municipal Policy, Busing of Patrons to Bingo; -6- 2. CD-2004-14, In Camera Procedures; 3. F-2004-38, 2004 Reimbursable Kilometrage Rate; 4. F-2004-39, GST Rebate; 5. F-2004-40, Municipal Accounts; 6. F-2004-4t, Tax Penalty Amendment; 7. MW-2004-92, Tender #2004-02; H.V.A.C. Units for Fire Station #1; 8. MW-2004-98, Contract 2004-08; 2004 Surface Treatment Program; 9. MW-2004-99, Salt Management Plan; 10. MW-2004-102, Tender #2004-137- 04, Cathodic Protection of Watermains; 11. MW-2004-t04, Tender #2004-t 26-03, Ontario Avenue Watermain Replacement and Huron Street Road Reconstruction and Underground Services; 12. MW-2004-105, Engineering Civil Standards Update and Integration; 13. MW-2004-107, St. Davids Sanitary Servicing Project; Cost Sharing and Operating Agreement between city of Niagara Falls and Town of Niagara-on-the- Lake; 14. MW-2004-108, Tender #2004-05, Cold-In-Place Recycling (Beaverdams road and McLeod Road) 15. PD-2004-49, Zoning by-law Amendment Application; AM- 08~99 8158 Lundy's Lane, 40-Bed Expansion to Greycliffe Manor Applicant: Joe Melo; 16. PD-2004-51, Request for Extension to Draft Plan Approval West Meadow (Plan 2), 26T-t 1-9702 Owner: Wedgewood Builders of Niagara Ltd.; 17. PD-2004-55, Zoning By-law Amendment Application; AM-15/2004, 5881 Thorold Stone Road; Applicant: Muller Properties Limited, Proposed Indoor Athletic Facility with Recreational Uses; 18. R-2004-35, Fencing for Retaining Wall at Drummond Hill Cemetery; 19. R-2004-37, Canada Day, Free Swimming; -7- 20. R-2004-38, Canada Day 2004; 21. R-2004-40, The Park in The City Banner Program. RESOLUTIONS 1. BE IT RESOLVED that the event that Battle of Lundy's Lane War of 1812 re- enactment is a community event deserving of City Council support. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-107 To amend By-law No. 79-200, to permit a body-rub parlour to locate within the same building as a hotel as a temporary use (Re: AM-10/2004, Simo Bielich, 8675 Montrose Road) 2004-108 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads. (Parking Prohibited, Stop Signs at Intersections) 2004-109 To authorize the acceptance of a Transfer/Deed of Land respecting the transfer of lands, being a one foot resewe, from The Regional Municipality of Niagara, for nominal consideration. 2004-110 To assume various public highways within the City of Niagara Falls. 2004-11'1 To amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004-112 To amend By-law No. 79-200, to reduce the number of required parking spaces for a proposed retail store or museum and to repeal By-law No. 2003-199. (Re: AM-19/2004, 1473956 Ontario Ltd.) 2004-113 To authorize the execution of an Agreement with Damian Frank Franze, Ronald Yetman, Cindy Patterson, Fernando Berlingeri, Mary Berlingeri, Gino Giallonardo, Irma Giallonardo, Anthony Marra, Rose Marra, Bruno Franze and Mary Franze for the purpose of satisfying conditions of Land Division Consent File B41/2003/NF. 2004-114 To amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. -8- 2004-115 To establish Parts 2, 5 and 8 on Reference Plan 59R-12301 as a public highway, to be known as and to form part of Garner Road and Part 4 on Reference Plan 59R-12301 as a public highway, to be known as and to form part of Kalar Road, as set out in Schedule "A" attached hereto. 2004-116 To authorize the execution of a Licence Agreement with Niagara Falls Aviary Inc. respecting the installation of a sign on lands and premises municipally known as Municipal Parking Lot No. 20 located at the corner of Bender Street and Palmer Avenue, Niagara Falls. 2004-117 To amend by-law Nos. 79-200 and 2000-153, to permit a commercial parking garage as a temporary use. (Re: AM-22/2004, Rudan Holdings Limited) 2004-118 To amend By-law No. 79-200, to permit an addition to an existing retirement home and to repeal By-law No. 98-37. (Re: AM-08/99, Joe Melo) 2004-119 To provide for citizen appointments to certain Boards, Commissions and Committees. 2004-120 To amend by-law 2003-25, a by-law to provide for the collection of interim taxes and taxes from year to year. 2004-121 To provide for appointments to certain Boards, Commissions and Committees. 2004-122 To authorize the Mayor and Clerk to execute Subdivision Agreements, Development Agreements and other similar agreements and all documents pertaining thereto. 2004-123 To amend By-law No. 79-200, to permit an indoor recreational facility. (Re: AM-15/2004, Muller Properties Ltd.) 2004-124 To authorize monies for General Purposes (June 14, 2004) 2004-125 To adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of June, 2004. NEW BUSINESS PRESENTATIONS Ted Salci From: <kmacgreg@becon.org> Sent: Wednesday, May 05, 2004 9:19 AM Subject: CITY OF NIAGARA FALLS WWW - Appointment with Mayor for Presentation Received From the City of Niagara Falls WebSite: Date and Time Stamp: Wednesday, May 05, 2004 at 09:19:09 (EDT) Visitor's Email Address: kmacgregC~_,becon.org The following are the recipients of this email: bdd~city.niagarafalls.on.ca,,,, URL Visited: http://www, city.niagara falls, on. ca/contact.h tm 1 Comment/Request made: May 5, 2004 The Honourable Ted Salci The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: On behalf of the Local Spiritual Assembly of the Baha'i's of Niagara Falls, I would like to arrange a time during Council session to make a presentation. On March 21 of this year, you graciously attended and participated in the International Day to Eliminate Racism. A recording of that celebration was made, and we would like to personally thank you for your participation by having Tina Saleh, a young member of the Baha'i community, present you with a DVD copy of this special event. Please contact Sohaila Saleh at 357-9854 at your earliest convenience so that we may set up a time. ~'~COOrqC~ ~igCr~NG.MAY 3 I 200~.~, ........... ' ","' 5/6/04 JUN '~ q 2911~, Page 2 of 2 With Warm Baha'i Regards, Kim Macgregor Secretary 5/6/04 M-2004-01 City Hall 4310 Queen Street P.O. Box 1023 Mayor Ted Salci Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca (905) 356-7521 Ext, 4201 Fax: (905) 374-3557 tsalci@city, niagarafalls.on.ca June 14, 2004 Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: M-2004-01 - Niagara Falls People Mover Project - Short List of Responses to Request for Proposals (RFP) Step 1 (Work Program) RECOMMENDATION: That Council confirm the decision of the Niagara Falls People Mover Steering Committee to short list the companies listed below in respect of the above noted matter. BACKGROUND: At its meeting of April 5, 2004 City Council approved the attached report respecting the above noted matter. Pursuant to the information contained in the report, an evaluation process of the responses to the 1st Stage of the RFP process was undertaken in order to short list Qualified Respondents. The RFP 1 Evaluation Team who undertook this process included the following members - Ingrid Peters, Vice President & General Counsel, Ontario Lottery and Gaming Corporation ("OLGC"); Jim Dougan, President & COO, Falls Management Company ("FMC"); John Kernahan, General Manager, Niagara Parks Commission ("NPC"); Nick Murphy, Sr. Director Technical Services, NPC; Cam Watson, C. N. Watson & Associates (Financial Advisor); Doug Allingham, President, Totten Sims Hubicki (Technical Advisor); Ed Dujlovic, Director of Municipal Works, City of Niagara Falls; Serge Felicetti, Director of Business Development, City of Niagara Falls and Ed Lustig, Director of People Mover Project. In addition, the RFP1 Evaluation Team received advice from the following Advisors - Dave Schram of Urban and Environmental Management Inc. (Process Advisor); and Brad McLellan and Dan Ferguson of the law firm of Weir Foulds (Legal Advisors). In addition to reviewing the documents and information submitted by the Qualified Respondents in response to the RFP 1 document, the RFP I Evaluation Team met with the Qualified Respondents in presentation/interview sessions that took place on April 26th and 27th, 2004. As Co-Chair of the Steering Committee for the Niagara Falls People Mover Project I attended those sessions together with my Co-Chair, Jim Williams, Chair of the Niagara Parks Commission. Following the presentation/interview sessions, the RFP 1 Evaluation Team met on several occasions to conduct the evaluation concluding their efforts on June 2nd, 2004. At a Steering Committee June 14, 2004 - 2 - M-2004-01 meeting on June 4, 2004, the RFP 1 Evaluation Team recommended to the Steering Committee for the Project that the following Qualified Respondents be short listed as follows: Mitsubishi Consortium ) Niagara Greenway Consortium ) see attached list SNC-Lavalin ) The Steering Committee consisting of myself and Jim Williams, Brian Wood, COO, OLGC, Jim Dougan, Archie Katzman, Vice Chair, NPC, John MacDonald, John Kerna_han and Ed Lustig accepted the RFP 1 Evaluation Team's recommendation at the June 4th meeting. The RFP 1 process was designed to determine the Qualified Respondent's proposed Work Plan for developing a Project Proposal. It was not designed to produce the proposal itself as that is the purpose of RFP2 which has yet to be issued. In addition, the RFP1 process sought to clarify financial capabilities and experience of the Qualified Respondents. The evaluation process was carried out in accordance with the RFP1 Guidelines and based upon a comparative evaluation of RFP1 responses including tectmical considerations, financial considerations, qualifications and experience considerations and other selection criteria. Each of the criteria were scored and weighted for the purpose of can'ying out a transparent and objective evaluation process that complied with the law. At the Steering Committee Meeting on June 4t~, Members also endorsed the undertaking of a Ridership and Revenue Study as the next step in the process. The purpose of this study is outlined in the sheet attached to this report. The Terms of Reference for the Ridership and Revenue Study have been developed by Totten Sims Hubicki and approved by the Steering Committee. The cost of the study in the estimated amount of several hundred thousands of dollars has been agreed to be paid for by Falls Management Company. The selection of a company to undertake this study will occur this month with an authorizing by-law to be submitted to Council for approval at the end of June or early July. The Ridership and Revenue study will be undertaken within a 4 to 6 month period during which time various other tasks required to conclude an RFP2 document for distribution by the end of the year will be undertaken by our Technical Advisory Team. The release of the RFP2 document will mark the commencement of a competition between the short listed groups to produce a proposal for the Project that is acceptable to the City, its partners and the community. We very much appreciate Falls Management Company's continued assistance with the development costs of this Project. To date, FMC have paid and/or committed over $1.25m in development costs (i.e. consultants, studies, etc.). This is in addition to the $23m that FMC and OLGC have already contributed towards this Project. We also very much value the contribution made by our Technical Advisory Committee under the leadership of our Project Director in carrying out the work needed to attempt to put into place this major piece of infrastructure that is provided for in the City's Official Plan and has been the subject of a successful Enviroumental Assessment Approval by the City and NPC. Various milestones have been achieved as referred to in the attached report to Council of April 5th, 2004. As noted in that report, the City is in the enviable position of having an opportunity to get a key OP and EA approved transportation infrastructure project done in a manner that is community acceptable and at the expense of the senior levels of Government and a private partner rather than at the expense of the local taxpayers. June 14, 2004 - 3 - M-2004-01 In spite of the progress made to date, however, it should be understood that there are no guarantees that this Project will succeed given its complexity, size, scope and the fact that we are trying to get it done as a public/private partnership with the private sector taking the risk and cost away from the municipality. As Council is aware, local public infrastructure projects - particularly transportation and traffic/road works are normally done at the cost and subsidization of the local municipality. This Project is a unique endeavour in Canada and I am pleased with its progress and look forward to continue with our partners - NPC, OLGC, FMC and the local community to try to reach our goal. Respectfully submitted: R. T. Ted Salci RTS:cec Mayor Attachments PURPOSE OF THE RIDERSHIP AND REVENUE STUDY · An "investment grade" Ridership and Revenue Forecast is an integral task needed to determine the economic feasibility of the Project. It will: - determine how many riders can be expected to use the Project; - determine the fares riders will be willing to pay; - determine the resulting revenue that will be generated; - will shape the structure of the public/private partnership; - help to resolve the question of the role and corporate governance issues; - identify financial risks of proceeding; - help to remove the most significant Project uncertainty; - help to assist in defining the Project; - help to ensure the involvement of the private sector; - assist in defining the most appropriate technology; - identify to the Participants certain parameters (fare sensitivities, upper/lower ridership, costs...) of operations. · Financial institutions require an "investment grade" (or bankable) Ridership and Revenue Forecast Study. · Given the variability of the data used in the reports and the changes that have taken place over the last number of years (e.g. related to the number of daily visitations to the Falls area, especially because of Casino Niagara), an updated Ridership and Revenue Forecast is needed to determine whether the Project is financially self-sustaining. LIST OF SHORT LISTED QUALIFIED RESPONDENTS TO THE NIAGARA FALLSPEOPLE MOVER PROJECT LEAD FIRM OR CONSORTIUM OTHER PARTICIPANTS Mitsubishi Corporation Consortium Mitsubishi Canada Limited Toronto, Ontario Borealis Infrastructure Corporation Marshall, Macklin Monaghan PCL Constructors Canada Inc. Niagara Greenwa¥ Consortium Consortium: Niagara Falls, Ontario AECOM Enterprises/DMJM+Harris Bombardier Transportation Delcan Corporation ElllsDon Construction IBI Group Peter Kiewit Sons Co. Advisors: CG Management & Communications Osier Hoskin & Harcourt LLP Price Waterhouse Coopers ITEC Entertainment Corporation Niagara College Centre for Advanced Visualization SNC-LAVALIN Engineers & Constructors SNC-Lavalin Toronto, Ontario IUz Worahip Mayor Ted Salci Apn~ 5, 2004 and Mexn~rz of~ M~ip~ Co~ C~ ofE~ F~, M~ R~ ~CO~A~ON: For ~ ~A~RO~: !~a ~, Project caube developed inph~ subject ~o ~conom/c vhhT/ty (i~ ridetsl~ poten~d) ~,d ofth~ Project. ~L:2 att. Community Services Department R-2004-36 The City of ~1~ Parks, Recreation & Culture Adele Kan FOILSI~ ~''H~ 4310 Queen Street Director Niagara Can~~l~"~'- P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~r web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city, niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-36 Millennium Trail - Phase 2 South of McLeod Road RECOMMENDATION: That Council confirm whether to construct Phase 2 of the Millennium Trail south of McLeod Road on the west side or the east side of the Ontario Power Canal. **That theMillennium Trail be constructed on the west side of the Ontario Power Canal.** BACKGROUND: On May 4, 2004, Council approved proceeding with the development of Phase 2 of the Millennium Trail, with staff bringing back a report on how the project will be financed and further details on the proposed pedestrian bridge. Staffwas further directed to notify the public and notices have been provided to the residents along Ronnie and Redhaven Crescents who abut the east side of the Power Canal. Attached as Appendix 1 and 2 are plans showing the location of the Millennium Trail on the west and east sides of the Power Canal. Proposed Project Funding The estimate to construct Phase 2 of the Millennium Trail on the west side of the Power Canal is $646,660. The cost estimate is detailed on Appendix 3. The estimated cost of Phase 2 for the trail to be constructed on the east side of the Power Canal is $279,500 and the details of this cost estimate are highlighted in Appendix 4. The cost of the actual trail and fence construction would be slightly more on the west side of the Power Canal than on the east side because of the use of the sidewalk on the south side of McLeod Road to access the east side of the Power Canal. The cost difference would be slightly offset based on enhanced landscaping that can be undertaken to assist in screening the trail from the residential area on the east side of the Power Canal. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 - 2 - R-2004o36 The City has hired Brian Ellis who is a Pro fessional Engineer to carry out a preliminary investigation and design of the pedestrian bridge. He has prepared a preliminary cost estimate for the bridge of $302,800 with an additional contingency of $60,560 for a total cost of $363,360. An additional 10% ($36,300) would be necessary for Engineering fees for design and contract supervision. The span of the bridge would be approximately 220 feet in length, 8 feet wide and supported with abutments with a single supporting pier. The estimated cost of the pedestrian bridge and preliminary bridge design are highlighted in Appendix 5 and 6. The total cost associated with the pedestrian bridge could be approximately $402,160. Staff has met with the Director of Finance and the funding for this project would come from the following sources: - Community Fundraising - $50,000 (monies currently on reserve) - Contribution fi.om Capital - $100,000 - Development Charges - $180,000 - Debenture Financing - $316,660 Total $646,660 Background History of Phase 2 of the Millennium Trail When Council originally dealt with this phase of the Millennium Trail in the year 2000, there were 7 of the 34 homeowners residing along Ronnie Crescent and Rcdhaven Crescent who objected to the trail on the east side of the Power Canal. It was decided that the City would proceed with developing Phase 1 of the trail north of McLeod Road to Lundy's Lane. An additional 3 Phases of the trail were approved with funding to be provided in future years. A plan showing the approved phases of the Millennium Trail is attached as Appendix 7. Since the opening of Phase 1 of the Millennium Trail in the spring of 2001, there has been considerable interest in having Phase 2 developed south of McLeod Road. In October, 2002, Council authorized the Trails & Bikeway Committee to host a public meeting with the Ronnie and Redhaven residents because of thc potential high costs of the pedestrian bridge. Furthermore, the Ontario Power Generation, who owns the Power Canal lands, agreed to allow the trail to follow the existing maintenance road which would provide a 55-60 foot buffer between the trail and the rear property line of the residential homes. The public meeting was attended by 14 of the 37 property owners. Most of the residents present at the meeting were opposed to the trail on the east side of thc Power Canal. There were a number of concerns raised by the residents including thc loss of privacy, increase in garbage, unsafe use of thc side walk along McLeod Road to access the east side trail, inadequate parking and lowering home values. The concerns of the residents were addressed in a summary and provided to the residents. A copy of this summary is attached as Appendix 8. On March 31, 2003, Council dealt with a report R-2003-18 from the Trails & Bikeway Committee which recommended that development of Phase 2 of the Millennium Trail occur on the east side of the Power Canal. The recommendation of the Committee was based on thc cost savings associated with not constructing the pedestrian bridge, the increase in overall safety, improved accessibility to the commtmity and satisfying the Trails & Bikeway Master Plan. There were residents from the Ronnie and Redhaven area who attended the Council meeting and they spoke in opposition to the June 14, 2004 - 3 - R-2004-36 recommendation. Council approved the trail to be developed on the west side of the Power Canal acknowledging that money would have to be found for the construction of the pedestrian bridge. Trails & Bikeway Committee The main goal of the Trails & Bikeway Committee is to see the completion of the Millennium Trail. The Committee was pleased with the recent decision of Council that will see Phase 2 constructed later this year. In order to assist Council, they have developed list of pro and cons for developing the trail on the east and west sides of the Power Canal. These are highlighted as follows: If Phase 2 is developed on the West Side of the Power Canal Pros - more natural setting with an opportunity to develop a winding more interesting trail - the previous Council agreed to place the trail on the west side of the Power Canal with funding to be provided for the pedestrian bridge - no concerns fi.om Ronnie and Redhaven residents - the trail connection provides a more direct linkage to Phase 1 of the Millennium Trail Cons - difficult to justify the expenditure for the pedestrian bridge - does not satisfy the trail route identified in the Trails & Bikeway Master Plan If Phase 2 is located on the East Side of the Power Canal Pros - savings of between $350,000 and $400,000 for a pedestrian bridge - simpler trail design and slightly less cost for trail and fence construction - recreational trail more visible to homes which would provide better security for trail users - trail is closer to residents and provides improved accessibility for those living in the neighbourhood similar to the Haulage Road Trail - 55 - 60 foot buffer would exist between the trail and the rear residential properties (while a tree buffer exists along a large section of the area, addition landscaping could be implemented to enhance the screening for the residents - Appendix 9 shows a photo of the east side of the Power Canal) Cons - east side is less scenic because of the abutting residential development - residents concerned with privacy as they are not used to people walking behind their property - residents worried about litter from those using the trail, increase possibility of vandalism, increase in noise, jeopardize the security of their children playing in their backyards, people bought property because of the hydro land and want it to stay that way Conclusion The continued development of the Millennium Trail is important to a large number of people in the community. Through this report, it is hoped that Council will provide direction on the location of Phase 2 of the Millennium Trail to allow construction to occur this year. June 14, 2004 - 4 - R-2004-36 Prepared by: Respectfully submitted: Bob Bolibmck John MacDonald Manager of Community Development Chief Administrative Officer & Landscape Design Adele Kon Director of Parks, Recreation & Culture BB: S:\Council\Council 2004~R-2004-36 Millennium Trail - Phase 2.wpd ..,~s~., ~27.P,~'.' Appendix 1 - ~,~;LEOD ROAD PHASE 2' ': Parks, Recree~ & Culture MILLENNIUM RECREATIONAL TRAJL'(PHASE 2)~: ~w..¥:.,,...~-~o.,,,~.o~- OPTION ' A' ( TRAIL WEST SIDE) PHASE t (COMPLETE) ' ,,.~o, Appendix 2 r=m'RY slo~l MCLEOD ROAD - PHASE2 C;ty of Niagara Fails MILLENNIUM RECREATIONAL TRAIL (PHASE 2) Parks, Recreation & Culture o~,~:j~;;~Y~..B~.o~ OPTION 'B' (SHARED TRAIL USE ) The Ci'ly of ["ii'Jif. APPENDIX 3 .iogoro Fo,syllj Parks. Recreation Ca,tare June 01, 2004 Millennium Trail Phase 2 ( McLeod Rd. To Dorchester Rd. ) COST ESTIMATE-West Side Item Description Cost Estimate 1. Asphalt Trail - approximate lin. measttre of 3m wide asphalt trail a) Oakwood Drive side of canal - approx. 800m ~ $85.00 / lin.m $ 68,000 b) Dorchester Road side of canal - approx. 550m ~ $85.00 / lin.m $ 46,000 2. Fencing - 7' high plus barb wire top a) Oakwood Drive side of canal - approx. 770m ~ $65.00/lin.m $ 50,000 b) Dorchester Road side of canal - approx. 550m ~ $65.00/lin.m $ 35,000 c) 6m (20') wide service gate $ 1,500 3. Pedes~ian Bridge - 2.4m (8') wide - approx. 67m (220') in length $ 363,360 - design and contract administration (10%) $ 36,300 - soils report $ 2,500 4. Parking Areas -paved with vehicular barrier posts a) approx. 10 spaces - Oakwood Drive $ 20,000(paved) b) approx. 5 spaces - Dorchester Rd. $ 5,000 (gravel) c) vehicular wood posts $ 3,000 d) (2) steel park gates $ 1,000 5. Signage a) main trail sign feature - including planting area $ 4,000 b) minor trail signage $ 3,000 6. Landscaping a) treespading ( 10 trees ~ $250 ea.) $ 2,500 b) tree planting $ 2,500 c) armourstone $ 3,000 TOTAL COST ESTIMATE $ 646,660.00 S:\Parks Design~.oberfi2004~vlillenium Trail Phase 2~Millenium Trail Phase 2 - West Side.wpd Tho City Of ~1~. APPENDIX 4 Niagara Falls YJl~ Parks, Recreation & Culture Canad~~ June 01, 2004 Millennium Trail Phase 2 ( McLeod Rd. To Dorchester Rd. ) COST ESTIMATE-East Side Item Description Cost Estimate 1. Asphalt Trail - approximate lin. measure of 3m wide asphalt trail - approx. 1200m ~ $85.00 / lin.m $105,000 2. Fencing - 7' high plus barb wire top - approx. 1200m ~ $65.00/lm.m $ 80,000 - 6m (20') service gate $ 1,500 3. Parldng Areas -paved with vehicular barrier posts a) approx. 10 spaces - Dorchester Rd. $ 25,000 (paved) b) vehicular wood posts $ 3,000 c) (2) steel park gates $ 1,000 4. Signage a) main trail sign featm'e - including planting area $ 6,000 b) minor txail signage $ 3,000 5. Landscaping a) tree planting $ 30,000 b) armourstone $ 5,000 c) berming $ 20,000 TOTAL COST ESTIMATE $ 279,500.00 S:Warks Design~Robert~2004Wiillenium Trail Phase 2~vlillenium Trail Phase 2 - East Side,wpd APPENDIX 5 The City of Niagara Falls 25-May-04 Millenium Trail Millennium Recreational Trail - Pedestrian Bridge Preliminary Estimated Construction Cost I ITEM DESCRIPTION I QUANTITY UNIT UNIT PRICE COST 1 vlobilize/Demobilise 100% L.S. $10,000 2 ~.ccess to Work Area Platform and Scaffolding 100% L.S. $10,000 3 2anal Protection 100% L.S. $5,000 4 Sxcavation and Grading 210 ma $25.00 $5~250 5 3ranular 'A' 400 t $35.00 $14,000 6 2oncrete in Foundation 26.00 m3 $500.00 $36,750 7 2oncrete in Abutments and Pier 46.00 m3 $I,000.00 $46~000 8 ~teel H Piles 132.00 m $150.00 $19,800 9 Pedestrian Bridge with Deck and Railings a) Supply (Eagle Bridge) 100% L.S. $141,000 b) Installation 100% L.S. $15,000 Sub-Total: $302,800 Contingency (20%) $60,560 Total: $363,360 APPENDIX 7 NIAGARA FALLS M£f/~rtr~um Trai£ PHASE 3 'IP. AIL Dt'-'VELOPMENT PHASE 4 1RAIL DE"~LOPMENT PHA~I COMPLETED DEVELOPMENT ef, dge Ontario Power Canal APPENDIX 8 Trails & Bikeway Public Meeting - November 14, 2002 7:00 p.m. Phase 2 Millennium Trail Summary of Public Comments and Responses on the proposed relocation of Phase 2 of the Millennium Trial from the west side to the east side of the Niagara Power Canal south of McLeod Road. · Increase in garbage - garbage is a concern that can be addressed through maintenance. The experience in Phase One is that there is very little problem with litter and garbage. · Privacy affected - people will be using the trail but there would be a sizeable buffer (40- 60 feeO from the rear residential property line. There will be an opportunity to implement enhanced landscaping. · Wildlife lost - wildlife will adapt. It has been found that the families of wild turkeys are not effected in Phase 1 of the Trail. Reconstructed Bridge? Military to build. Ask Ministry of Transportation - the cost of bridges have been explored with Stonebridge in Port Colborne. They are part of Hard Rock Paving Company who constructed Phase 1 of the Trail .Stonebridge constructed two bridges in Port Colborne and those bridges are comparable to what is required in Phase 2 and the cost of each bridge was approximately $300,000. This company has a couple of trusses from oM bridges and the City was exploring the use of the trusses for the Phase 2pedestrian bridge. After inspecting the site, Stonebridge has advised that the trusses would not be appropriate for length of bridge required. · Use old railroad bridge?- upon rechecking the status of the railway bridge to the south, it was learned that the railway is still active and services the Industrial Park to the southeast. · Cost of proposed bridge too high? Get additional quotes - the City will obtain a couple more quotes for pedestrian bridges. Keep trail on west side which is more inviting - the west side is very scenic but there is the question of the cost of the bridge to link with the trail to the east side along Chippawa Parkway. Option B travels along part of McLeod Road. (very busy) -there would be a short section (about l OO yards) where people will have to travel along the south side of McLeod Road (either along the road or sidewalk) to reach the start of Phase 2 of the Millennium Trail. -2- Trail is okay behind house - one resident expressed no concerns with the trad relocation. · Parking inadequate now for Phase 1- a smallparking lot was part of the design. It is hoped that eventually people will be able to be linked with a network of trails throughout the City. Use pipe across canal for support of bridge - the storm waterpipe would not support a bridge. · Option B better for thieves to see in back yards - this presumes there will be thieves. Research indicates that in areas where there are people using trails there is actually less vandalism. · Phase I has no homes along side - there are industrial operators along Phase 1 and they have not experienced problems with increased vandalism. There is Oakwood Lodge across from Oakwood Drive and they utilize the trail on a regular basis. A residential development is being proposed to the north and they wish to have access to the trail as part of their development proposal. Has been vandalism in Phase I - there have been no reports to the City of vandalism in Phase 1. · Possibly less vandalism because of more exposure - research indicates this to be true. · Possible construction may cause loss of trees - there would be no loss of trees. Landscaping in the area will be enhanced. · Phase III & IV turned down why do Phase II -people will be directed to on road bike routes connecting them to the northerly portion of the proposed Millennium Trail. Awkward entrance would make people backing onto trail hard to get too -people that back onto the trail could obtain gate perrnit to access the trail. The gate would be required to be built to the City's standard. · Resale price of homes will be lower - our research indicates that trails actually enhance property values. Bought house because of hydro land behind - there will be a change with the introduction trail on the east side. -3- · Early walkers would disturb homeowners - some walkers will use the trail early in the morning but they would not likely generate much ~f any noise. · West side more parking opportunity - there are no intentions of constructing any parking lot in Phase 2 of the trail. How would hydro use area for maintenance - Hydro would seldom use the area where the trail will be although they could travel on the trail similar to what City crews do in Phase 1 when they inspect the trail and pick up garbage. Hydro will travel along the west side for their inspections. The City would have a recreational license agreement with Hydro and be responsible for all the maintenance on the east side between the current property fence and the new security fence. · Service Road may possibly move further east closer to homes - if Hydro travels along the east side of the canal, they will travel along the trail. More commercially inviting on west side of the canal - with the new McDonald's Restaurant there will likely be trail users visiting the restaurant. · City might add shrubs on east side for a buffer - staff is prepared to recommend enhanced landscaping along the trail. Some trees currently exist and some properties have vegetative screening. Businesses could contribute financially to the trail - the Trails & Bikeway Committee will approach new businesses in the area to sponsor the trail. · Shrubs could take time to grow - attempts will be made to purchase sizeable scrubs. Increase in vandalism - there is no assurance that vandalism will increase as a result of the trail. Research has indicated that introduction of trails actually deters vandalism in areas because people are present. · Walked the trail on west side and it is more attractive - the trail would be more scenic on the west side of the power canal. Need more quotes on pedestrian bridges $300,000 seems too much - staff will investigate additional price quotes for a pedestrian bridge. Why, when trail proposed on west side was cost of $300,000 for bridge not known? - staff were hopeful that a long single span bridge would suffice to cross thepower canal and cost approximately $80,000 - $100,000. The bridge contractor has informed us of the need for abutments on either side of the canal. The bridge would be in 3 sections. -4- Why does trail have to keep going over bridge if on west side? - it is desired for the trail to be linked and provide access to other areas. It is not desirable for the trail to end without a connection. How much Government Grant available? (Lotteries?) - there are no government grants currently available for recreational trails. The City did take advantage of funding under the Federal Millennium Partnership Program for Phase l of the Millennium Trail. There was mention of Trillium Funding at the Public Meeting. Municipal Governments are not eligible for Trillium funding. There is Superbuild Funding but the City has chosen and received approval for funding for the Community Centre as their Superbuild Project. Government funding tough to get - not specific information yet - the City is not aware of any government funding available. Hold fundraising events? (For bridge cost) - fundraising efforts are ongoing for the Phase 2 of the trail which currently includes the pedestrian bridge. · Use Chippawa Creek Road as trail - Chippawa Parkway will be used to link trail users to Chippawa. It would be desirable to some day place a separate off road trail along the Welland River, similar to the Niagara River Trail. · Council moved Phase 2 to west side due to complaints - City Council approved Phase 2 on the west side of the trail. Since the cost ofapedestrian bridge is approximately $300,000 the Trails and Bikeway Committee has asked Council to allow them to host a public meeting to reintroduce the trail to the east side. This public meeting has provided the input necessary for the Trails & Bikeway Committee to report back to Council for a decision. · Gazebo-Necessary? Cost? - the gazebo was constructed largely with material that was donated. The gazebo provides an excellent location for hosting events and providing shelter from the elements. · Phase 2 is 1.2 km long - the length of Phase 2 will be less than Phase 1 and connect to Chippawa Parkway. S:\Trails & BikewayXMillennium Trails2qov. 14 comments and responses.wpd BB: NI~. F~L$ CLERKS'04 0611 14:S9 We, the residents of Redhaven and Ronnie Crescents, in Niagara Falls, ON. Are signing this petition because we have been notified that there will a meeting on Monday, June 14,2004, regarding the Millenium Trail including reconsideration of placing the Trail on the east side of the Power Canal. We feel that this matter has previously been discussed, reasons and concerns against having the Trail placed on the East side were presented to the Mayor and Council and the decision was made that for the benefit of all concerned, the Trail be constmctedon.the west side ofthe Power Canal. WE STILL DO NOT WANT THE TRAIL IN OUR BACKYARDS and feel that the decision previously made by Council should stand. Corporate Services Department PD-2004o52 Th- '":'* * -' J/'~ Planning & Development Doug Darbyson -~ ~.ny u/ ~'~1~. 4310 Queen Street Director Niagara Falls~J~l~~ p 0 Box 1023 Canada ~'~j~' Niagara Falls, ON L2E 6X5 ~m~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-52, Public Meeting Fernwood Draft Plan of Subdivision File: 26T-11-2004-03 (Revised) Owner: 800460 Ontario Limited RECOMMENDATION: It is recommended that: 1) Council consider input received at the Public Meeting and refer all matters to staff for review of the Fernwood Draft Plan of Subdivision and associated Official Plan and Zoning By-law amendment applications; and 2) Council authorize staff to retain a consultant to undertake an independent tree study of the woodlot on the applicant's land to determine the significance of the woodlot and degree of environmental protection that is warranted. · * that staff & the applicant continue negotiations to dedicate the 7-acres as passive parkland.** BACKGROUND: The purpose of this Public Meeting is to receive information and provide an oppommity for the public to comment on the proposed subdivision. Planning & Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of this Public Meeting for the subdivision was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend the Public Meeting to provide an overview of the subdivision proposal and answer any questions. There is to be no decision made with respect to approval of the subdivision or related applications at the meeting held tonight. }Forking Together to Serve Our Community Clerks . Finance Human Resoumes · Information Systems Legal · Planning & Development i June 14, 2004 - 2 - PD-2004-52 Proposal The applicant proposes to subdivide a 16.649 hectare (41.14 acre) site into $3 lots for single- detached dwellings, a block of land for stormwater management and a smallblock for parkland. The property is located at the Urban Area Boundary on the west side of Garner Road, north side of Lundy% Lane and thc CN Railway line, and east of Beechwood Road as shown on Schedule 1. Thc street pattern provides two councctinns to Garner Road and an internal cul-de-sac. The main roadway terminates at thc southwesterly limit of thc plan and is to be continued on abutting land owned by the applicant in the future. Schedule 2 illustrates thc submitted subdivision layout. A concept plan for thc balance of thc applicant's lands (24.133 hectares/S9.63 acres) is included as Schedule 3 indicating roadways, single-detached lots, on-street townhouses, multiple residential blocks, park addition and a "passive residential area" (woodlot protection). The City's Official Plan currently designates the majority of the property Industrial (Special Policy Ama #9) with two watercourses traversing thc site designated Environmental Protection Area. The land is currently zoned, in part, Transportation-Distribution Industrial (TDI) with a small area at thc southwest comer zoned Hazard Land (HL), both through Zoning By-law No. 79-200. Council considered Official Plan and Zoning By-law amendment applications (File AM-23/2003) for all of the applicant'spropertyin September2003 andFebruary2004. The applicant requestedthemajority of the land be designated Residential and the stormwater management area (realigned watercourses) along the railway tracks be designated Environmental Protection Area in the Official Plan. The zoning of the land was requested to be changed to the Development Holding (DH) category. These applications were approved in principle in September 2003 but the amendments have not been formally adopted by Council for reasons discussed later in this report. The applicant has now also requested the zoning of the subdivision land be changed to the Residential Single Family 1E Density (R1E) category (File AM-17/2004). The Public Meeting for the proposed subdivision is the first component of the coordinated review of all applications for the overall land holdings. Additional notice will be provided and a Public Meeting will be scheduled at a later date for the related Official Plan and Zoning By-law amendments. Preliminary Review Based on input received from the previous circulation of the Official Plan and Zoning By-law amendment applications and preliminary staff review of the subdivision and concept plan, the following outlines issues for consideration in the future decision on the applications: · Woodlot Protection The approval in principle from September 2003 (PD-2003-80) for the related Official Plan amendment was to rcdcsignatc the mai ority of the land for residential use with special policies to address various matters including woodlot protection. Special policies were recommended to bc developed to require that a future plan of subdivision and zoning by-law amendment consider thc protection o£ a significant portion of the northern woodlot by mechanisms such as zoning regulations, design elements and a tree saving plan. Staff was also directed by Council to further investigate the significance of the woodlot on the property. June 14, 2004 - 3 - PD-2004-52 The attached report PD-2004-11 (February 23, 2004) provides background information on Council's prior approval in principle, the woodlot issue and proposed Official Plan policy options. Staff recommended Policy Option B to designate the woodlot Environmental Protection Area (EPA) with a policy exception to permit two large single-detached lots (subject to a detailed environmental impact study) as shown on the originally submitted concept plan and supported by the applicant's environmental consultant's report. Consideration of this report was deferred by Council on February 23, 2004 on the recommendation of the City Solicitor since subdivision and rezoning applications for a portion of the land had been submitted by the developer earlier that day. The City's Official Plan policies encourage the protection of natural resources including Forest Resource Areas which are defined as: "Woodlots two hectares or greater in size, capable of providing significant economic, social and environmental benefits to the community in the form of income from forest products, recreation, education and research oppommities, recharge of water supplies, soil and water consel~ation, wildlife habitat, buffers between land uses and aesthetic amenities." Development within natural resources is generallyprohibited but in considering development applications on or adjacent to these features consultation with other agencies such as the Ministry of Natural Resources is encouraged, in order to eliminate, reduce or minimize potential impacts. In the urban area, Official Plan policies specifically indicate that the values and benefits of forest resources should be incorporated positively into the design of any development proposal. Development is to be designed in a sensitive manner having regard to such matters as the retention and protection to the greatest extent possible of the existing tree cover, recognizing its environmental and aesthetic importance. A tree study may be required as a condition of development approval. Also, developments could incorporate land with existing tree cover into the urban area park system, if appropriate. The Official Plan policies allow the City to consider such measures as land purchases, transfers of development rights, land exchanges or parkland dedication, where appropriate, to safeguard important natural areas. Various options such as re-purchase, land swap and accepting a portion of the woodlot as parkland dedication have been discussed to some extent with the developer. The issue of the amount of woodlot to be protected and method of protection remains unresolved between City staff and the developer. Since the deferral in February 2004, planning staff has been advised by both the applicant's solicitor and the City Solicitor that, in their opinion, the City cannot legally apply an EPA designation to the woodlot since the applicant did not apply for such designation and the City can only apply designations in place at the time of the application. Whether ornot the City can legally apply a designation of Environmental Protection Area or Residential with special policies for woodlot protection, the real issue is the amount of the woodlot which should be protected. The applicant's development concept originally showed the majority of the woodlot for protection but now the formal subdivision application shows significant development within the woodlot. For Council's information, staff have attached the most recent letter of the Ministry of Natural Resources (MNR) explaining their position, as well June 14, 2004 - 4 - PD-2004-52 as the latest letter from the applicant's environmental consultant commenting on the MNR letter and the new subdivision design. There is obvious disagreement between the MNR and the developer regarding the significance of the woodlot and the degree to which it should be protected. There is also strong opposition from area residents with respect to the amount ofwoodlot protection warranted. This matter requires resolution. Staff are recommending an independent study of the woodlot to assist Council in evaluating the planning merits of the woodlot protection issue. The guidelines of the MNR Natural Heritage Reference Manual can be referred to for establishing parameters for the study. · Provision of Active Parkland The developer has promoted thc proposed stormwater management area along the CN Railway line for walking trail use. Although this area is a substantial amount of open space, given the scale of the overall development and isolation of the area, an active playground for thc neighbourhood is essential. A small block for parkland is shown on thc plan abutting the stormwater area which is proposed for expansion on the concept plan/future phases. · Proposed Highway 420 Extension Land protected by the Min/stry of Transportation (MTO) for the proposed Highway 420 corridor traverses the northwest portion of thc developer's property (outside of thc current subdivision plan). This possible highway use is being maintained pending completion of the Mid-Peninsula Environmental Assessment. MTO has advised that no development is permitted in this area and no dwellings, structures, roads or services are allowed within 14 metres of the fight-of-way. The concept plan shows a possible development option if the Province abandons thc proposed 420-Extension. · Land Uses/Densities at the Urban Area Boundary The subdivision plan provides single-detached lots as the first stage of development for the property. The current concept plan indicates further single-detached lots, on-street townhouses, multiple residential and an apartment. While the Official Plan promotes a full range of dwelling types, increased densities and efficient use of urban land, these policies must be balanced with other planning principles for compatibility and specific location criteria. The City foresees lower density development at the Urban Area Boundary to provide a better transition to the rural/agriculture area, be more sensitive to the natural environment and minimize potential land use conflicts. Specifically, the 7-storey, 175-unit apartment block shown at the southwest limit of the concept plan is at issue given its density, height and location. Staff encourages a mix of singles (various lot sizes), semi-detached dwellings, on- street townhouses and block townhouse projects in the development. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. ThismeetingsatisfiestherequirementsofthePlarmingAct. Comments June 14, 2004 - 5 - PD-2004-52 received will be considered in preparing the recommendation report on the proposed subdivision and related Official Plan and Zoning By-law amendment applications. Staff recommends that an independent study of the woodlot be undertaken to determine appropriate protection measures. Prepared by: Respectfully submitted: Richard Wilson -~v-~ John MacDonald Planner 2 '~L~ Chief Administrative Officer Dave Heyworth Manager of Policy Planning Recommended by: Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:pb Attach. S:~PDRX2004~PD2004-52, 26T-11-20044)3, F~mwoodDmftPlan.wpd SCHEDULE 1 Proposed Plan of Subdivision Fernwood Subdivision 26T-11-2004-03 (Revised) Location Map 0 LUNDY*S LANE 1: NTS K:\G [ S_Requests~2004~Sc hedules\S ubdivisions\ f~l woodhnappmg.apr May 20~4 ... CONCEPT PLAN ONLY ~,~,~ ,- (PI..,~.N 'C') -DENSITY IN 11.84 AmE ~ LOT ~EA=I.~7 UN~ P~R ACRE Corporate Services Department PD-2004-11 ~..,,~ Planning & Development Doug Darbyson The City of J~J'l~ll¢ 4310 Queen Street Director Niagara Fallsyl~l~r P.O. Box,_1023 .... ..,_ ~l,~,- Niagara halls, ON L2E 6X5 L;url~~l/~ web site: www.city.niagarafalls.on.ca lei.: (005) 356-7521 Fax: (905) 356-2354 E-mail: plarming@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-11, Oflieial Plan & Zoning By-law Amendment Application, AM-23/2003 Applicant: Metro Development Agent: Rick Brady West Side of Garner Road, North of Lnndy's Lane RECOMMENDATION: It is recommended that: 1) Council consider the endorsement of Policy Option B for permitting residential development on the subject lands and protecting existing natural areas having regard to the detailed assessment of issues outlined in this report; and 2) alternatively, Council may wish to consider undertaking an independent assessment of the subject woodlands to determine the significance and degree of environmental protection warranted. BACKGROUND: On September 8, 2003, Council approved the recommendations contained in Staff report PD-2003- 80. The report recommended approval of the proposed Official Plan amendment to designate the majority of the lands to Residential with special policies to address various matters including woodlot protection. The applicant's original concept plan for the development of the property is attached. Lands associated with the southerly stormwater management corridor would also be designated as Environmental Protection Area. In approving the proposed amendment, Council directed that further investigation into the significance of the wet woodlots occur. Council added this resolution to address resident concerns over the significant species within the woodlot (Round- leaved Greenbrier), the amount ofwoodlot which would be required as habitat for the species, and whether the woodlots were also wetlands. The residents have formed a Citizens' Committee and have identified themselves as the Garner Road Woodland Defenders. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development February 23, 2004 - 2 - PD-2004-'I 1 As outlined in the previous staff report, there are two woodlots situated on the east side of the property. The City's Urban Woodlot Inventory ranks the northernmost woodlot, which is approximately 5.2 hectares in size, to be 34th out of an inventory of 120 wooded and treed sites. The inventory indicates that this woodlot contains Round-leaved Greenbrier, Black gum and Pin Oak and was the third highest ranked site for significant species. The smaller wood~ot, situated to the south, being about 1.9 ha in size, is ranked 96th overall and is identified as containing some Pin Oak. The woodlots on the site are shown on the aerial photo attached. Given that past decisions on this application were made by a previous Council, staffhas put together an information package incorporating the previous staff report PD-2003-80 as well as other correspondence on the woodlot issue. Process of Further Investigation The Citizens' Committee wrote both the City and Regional Planning staffrequesting that the City have a peer review performed on the developer's consultant's work. Also submitted was a letter fi:om an independent environmental consultant, Dougan and Associates, expressing an opinion that the developer's original Environmental Impact Study (EIS) "may not adequately address the complexities of developing within this type of forest habitat". An EIS addendum report prepared by the developer's consultant (L. Campbell & Associates), which provides information on the habitat requirements of the Round-leaved Greenbrier and an opinion on wetland status, was forwarded with the Dougan letter together with information submitted by the Citizen's Committee to the Ministry of Natural Resources (MNR). Council should refer to the MNR's response, which recommends the whole northern woodlot be designated as Environmental Protection Area. Council may wish to refer to the EIS addendum report prepared by Campbell and Associates for information on the Round-leaved Greenbrier species and its habitat which is confined to the western half of the northern woodlot. The report further indicates that the proposed lots along Garner Road are not anticipated to impact the Greenbrier habitat. Notwithstanding the foregoing, the original EIS study conceptually indicated an encroachment of proposed residential lots along the southerly boundary of this woodlot. This design issue will need to be resolved. Stakeholder Input Planning staff met with the developer and his solicitor to discuss possible policy approaches to guide the development of the future residential subdivision and the protection of existing woodlots. Meetings and discussions were also held with representatives of the Citizens' Committee, MNR, various City divisions and Regional Planning staff. This report is based on the culmination of input received. Policy Options and Approaches Having been directed by Council to proceed with the preparation of an Official Plan amendment for the subject lands and to prepare special policies to guide future development including woodlot protection, staff has prepared the following policy options for Council's consideration. It is noted that no consensus could be reached through meetings and discussions with stakeholder groups, therefore, two policy options are proffered. The options are derived from input received from the various stakeholder groups based on the further investigations directed by Council. February 23, 2004 - 3 - PD-2004-11 Option A - Designating the Entire Northern Woodlot as Environmental Protection Area (EPA), No Development Permitted (see attachmen0 · This option was recommended by the Ministry of Natural Resources who considered the entire northern woodlot as useable habitat for the Round-leaved Greenbrier. · The Regional Planning Department had recommended the designation of the northerly woodlot as an Environmental Protection Area in their August 27, 2003 conunents to the City. · According to the Ministry of Natural Resources, the Round-leaved Greenbrier species is currently classified as threatened nationally and vulnerable provincially, although it is in the process of being upgraded to threatened in Ontario. · The City's Official Plan contains policies for designating environmentally significant areas such as high qualityplant and animal communities as Environmental Protection Areas. The approach has already been used to protect a locally significant woodlot in the Miller Road estate subdivision in the south part of the community. · According to Provincial Policy Statement policies, "nothing in the policy statement is intended to prevent planning authorities fi.om going beyond the minimum standards established in specific policies, in developing official plan policies and when making decisions on planning matters, unless doing so would conflict with any other policy." Option B Designating the Entire Northern Woodlot as Environmental Protection Area (EPA), with Provisions for Limited Development at the Eastern Edge of the Woodlot (see attaehmen0 The following points, in addition to those mentioned in Option A, should be considered for this option: · The subject Round-leaved Greenbrier species is located within a small area in the interior area of the northerly woodlot. The habitat is confined to the westerly half of said woodlot. The EIS addendum report prepared by L. Campbell and Associates recommends that development should be excluded fi.om any area which might negatively impact this habitat. · The EIS addendum report does not anticipate that the proposed lots along Garner Road will inpact the Greenbrier habitat. · Policy Option B proposes controls and restrictions to guide the location, size and building envelope for two residential dwellings at the easterly edge of the woodlot. A detailed environmental impact study is defined as the mechanism for prescribing such restrictions. · The City's Official Plan encourages the preservation of woodlots to the greatest extent possible recognizing their numerous environmental and aesthetic benefits. Within the urban area a balance of development and conservation is promoted. Option B, in the opinion of staff, represents a reasonable balance. · The developer's lawyer contends that the Round-leaved Greenbrier is not a threatened or endangered species nor are the lands classified as a provincially significant wetland; notwithstanding the recommendations of the MNR, Option B may be considered as an appropriate compromise. February 23, 2004 - 4 - PD-2004-11 CONCLUSION: To quote a recent article in Ontario Plan_ning Journal "planners are expected to balance the interests of growth and development with the broader community wide social, economic and environmental interests. In practice, this translates into.., developing plans and policies to ensure sustainable growth and development". This Planning Division has attempted to strike a balance between the divergent interests of stakeholder groups. In this regard, Policy Option B is recommended by staff over Option A which proposes no development in the northerlywoodlot. The southerlywoodlot has not been recommended for protection by any of the three planning authorities. Having regard to area resident concerns, questions have been raised with respect to the completeness of studies which have been submitted in support of the developer's application. Council will need to satisfy itself with respect to the concerns expressed by area residents. In this regard, Council may wish to undertake an independent evaluation of the woodlots in question and to seek independent expert advice on the significance and degree of environmental protection warranted. The Ministry of Natural Resources (MNR) has indicated in their comments that a wetland evaluation and boundary correction for Beaverdams Creek will be completed during the summer field season. The MNR has verbally stated such un evaluation would involve an examination of the subject woodlots subject to funding and landowner approval, however, the developer may not wish to await the completion of this study. The input of the developer should be obtained. Should Council wish to explore the notion of an independent assessment, staff will need to investigate the potential cost of such an undertaking, timing, terms of reference and so forth. A further report will need to be prepared if this alternative is to be pursued. It should be noted the draft policies for Options A and B both contain policies requiring further studies and providing guidance on design elements since the detailed zoning and formal plan of subdivision are not being considered at this time. Should Council choose one of these options, further wording refinement may be necessary to address issues raised through this public process or other necessary design considerations such as implementing recommendations of the traffic impact study, addressing internal traffic flow, parkland dedication, etc. P~red by: Respectfully submitted: /7 Dave Heyworth (J JcOhihnefM~cDonald Planner 2 Chief Administrative Officer and Director of Planning & Development Executive Director of Corporate Services DH/DD:pb S:~PDR~2004h°D2004-1 t, AM-23-03, MetroDev Garner Rd.wpd AM 23/2003 OPTION A I~VOODLOT DESIGNATED EPA, NO DEVELOPMENT PERMITTED Draft Special Policy 14.44 Special Policy ~44 refers to a parcel of land, approximately40ha in size and l°cated °n the west side of Garner Road and north of Lundy's Lane and the CN railway tracks. Although the majority of these lands are designated for residential purposes, they are isolated from other residential areas and are subject to development constraints from surrounding natural and manmade features. Therefore, in order to ensure that future residential development is designed in a sensitive manner relative to surrounding land uses and that potential impacts from transportation corridors and industrial land uses are properly mitigated, the following special policies shall apply: 14.44.1 A 5 ha woodlot containing rare Carolinian tree species is located along the northern periphery of the residential area. This area will be protected in accordance with the policies of Part 2, section 12, Environmental Protection Areas. 14.44.2 In order to ensure that future residential development adjacent to the woodlot is designed in a sensitive manner and does not negatively impact on the features and functions of the woodlot the following shall be considered: (i) development surrounding the woodlot area shall be setback in accordance with recommended buffer distances from an environmental impact study; (ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area; and (iii) a habitat management plan shall be prepared that recognizes the habitat requirements of a species at risk. 14.44.3 It is recognized that development will take place over a smaller, southerly woodlot, however, existing trees should be maintained, where possible, through a tree preservation plan. 14.44.4 Future residential development will be situated adjacent to the CNR railway, Redpath Industries aud agricultural lands. The property is bisected by a future Provinical high~vay right-of-way. All of these uses could impact the future residential development of the property. Therefore, in order to ensure that potential impacts are mitigated, the following will be addressed at the plan of subdivision stage. 14.44.4.1 Appropriate noise and vibration studies and corresponding design elements shall be undertaken to ensure that acceptable levels of compatibility are achieve~l. 14.44.4.2 Given that the main point of ingress and egress into the development is restricted to one general location on Garner Road, special design considerations should be incorporated to provide for 2 full two-way movements into and out of the subdivision. 14.44.4.3 An internal ro ad pattern maximizing vehicular and pedestrian circulation shall be incorporated in the design with due consideration given to road hierarchy and function. The use of cul-de-sacs shall be kept to a minimum. 14.44.5 Lands situated on the northwest side of the future highway corridor shall remain in a development holding zone. Should the corridor designation be relinquished by the Ministry of Transportation, these lands shall be integrated with the residential lands to the south east. 14.44.6 The location and design of an appropriate neighbourhood park will be determined at the plan of subdivision stage. 14.44.7 The ultimate width of the linear stormwater management facility will be determined by detailed design through a storm water management plan to be approved by relevant agencies at the zoning by-law amendment stage. S :W-ONINGh~MS~2003 ~Am-23 ~raltSpecialPolicyO PT 1 ver4.wpd AM 23/2003 OPTION B WOODLOT DESIGNATED EPA WITH PROVISIONS FOR LIMITED DEVELOPMENT AT EASTERN EDGE Draft Special Policy 14.44 Special Policy #44 refers to a parcel of land, approximately 40ha in size and located on the west side of Garner Road and north of Lundy's Lane and the CN railway tracks. Although the majority of these lands are designated for residential purposes, they are isolated from other residential areas and are subject to development constraints fxom surrounding natural and manmade features. Therefore, in order to ensure that future residential development is designed in a sensitive manner relative to surrounding land uses and that potential impacts from transportation corridors and industrial land uses are properly mitigated, the following special policies shall apply: 14.44.1 A 5 ha woodlot containing rare Carolinian tree species is located along the northerly periphery of the residential area. This area will be protected in accordance with the policies of Part 2, section 12 Enviromnental Protection Areas. Notwithstanding these policies, the development of two single detached dwellings shall be permitted at the eastern edge of the woodlot by specific residential zoning subject to a detailed environmental impact study which addresses such matters as: (i) the location of species at risk being Round-leaf Greenbrier, Black Gum and Pin Oak; (ii) the identification of a restricted building envelop which will ensure the species at risk are not disrupted; (iii) the size of the restricted building envelope shall be determined by study but shall be no greater than 15,000 sq. ft. including amenity area.. (iv) a lot grading plan which ensures species at risk within the single detached building lots will not be negatively impacted on. 14.44.2 In order to ensure that future residential development adjacent to the woodlot is designed in a sensitive manner and does not negatively impact on the features and functions of the woodlot the following shall be considered: (i) development surrounding the woodlot area shall be setback in accordance with recommended buffer distances from an environmental impact study; (ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area; (iii) a habitat management plan shall be prepared that recognizes the habitat requirements of a species at risk. 14.44.3 It is recognized that development will take place over a smaller, southerly woodlot however, existing ltees should be maintained, where possible, through a tree preservation plan. 14.44.4 Future residential development will be situated adjacent to the CNR railway, Redpath Industries and agricultural lands. The property is bisected by a future Provincial highway right-of-way. All of these uses could impact the furore residential development of the property. Therefore, in order to ensure that potential impacts are mitigated the following will be addressed at the plan of subdivision stage. 14.44.4.1 Appropriate noise and vibration studies and corresponding design elements shall be undertaken to ensure that acceptable levels of compatibility are achieved. 14.44.4.2 Given that the main point of ingress and egress into the development is restricted to one general location on Garner Road, special design considerations should be incorporated to provide for 2 full two~way movements into and out of the subdivision. 14.44.4.3 An intemal road pattem maximizing vehicular and pedestrian circulation shall be incorporated in the design with due consideration given to road hierarchy and function. The use of cul-de-sacs shall be kept to a minimum. 14.44.5 Lands situated on the north west side of the future highway corridor shall remain in a development holding zone. Should the corridor designation be relinquished by the Ministry of Transportation, these lands shall be integrated with the residential lands to the south east. 14.44.6 The location and design of an appropriate neighbourhood park will be determined at the plan of subdivision stage. 14.44.7 The ultimate width of the linear stormwater management facility will be determined by detailed design through a storm water management plan to be approved by relevant agencies at the zoning by-law amendment stage. S 5ZONINO~AMS\2003~Am-23XDraftSpecialPolicyOPT2ver2EPAdesig.wpd ATTACHMENT AREA' 797 Sq. ." CONCEPT'PLAN ONLY / SOUTH OF THE I~t(~HWAY APARTMENT $~TE ....... '- ~ LUND~S ~ ~-----~--' '~' ~E · ':...~ u~/~ TOTAL · · A I I A(.;HMENT Fernwood Development Preliminary Plan of Subdivision ~ I I Meters Figure Two 0 55 110 220 330 440 !_ -~ ;npb Ii ,~ ~;,~oci t :_; Information Package Re: PD-2004-11 Official Plan & Zoning By-law Amendment Application, AM-23/2003 Metro Development, West Side of Garner Road, North of Lundy's Lane -chronology of correspondence concerning Woodlot Issues 1. 02.04.2004 -letter from V. Muratori, Sullivan Mahoney, agent for the applicant response to the proposed Official Plan policy options prepared, in draft, by City Staff 2. 01.15.2004 -letter received from Peter Colosimo, Regional Planner re: the December 19, 2003 letter fi.om the MNR and the proposed Environmental Protection Area designation on the northerly woodlot. Regional Staff further suggest that existing trees in the southerly woodlot be retained where feasible through a tree preservation plan. 3. 12.19.2003 -letter from Joad Durst, MNR concludes: all of woodlot 1t83 be maintained in its current form and recommends no development within the norther woodlot including no removal of trees or other vegetation as it may directly or indirectly affect the existing quality of habitat for the species at risk -it is recommended that a habitat management plan is developed for the species at risk and that the woodlot be designated as an Environmental Protection Area (EPA) 4. 11.10.2003 -letter from P. Colosimo, Regional Planner re: the October 31, 2003 letter forwarded to Marianna McMaster (Garner Road Woodland Defenders) confn'mmg that the MNR will serve as a 'peer' review for Provincial interests associated with the woodlot. 5. 10.31.2003 -letter from D. Darbyson to Mafiarma McMaster re: woodlot protection and MNR peer review 6. 10.30.2003 -letter from P. Colosimo, Regional Planner to MNR re: EIS & addendum prepared by L. Campbell & Associates (March 2003 & October 20, 2003) and letter fi'om Garner Road Woodland Defenders,(October 6, 2003) and requesting Ministry review 7. 10.30.2003 -letter from V. Goldsworthy, Regional Planner to E. Henry in response to the placement of fill and removal of trees on site. The letter confimts that trees have not been removed from the main woodlot and that the future removal of trees will be subject to a tree saving plan. 8. 10.29.2003 -correspondence from Janet Damude, Niagara Falls Nature Club re: general request to inventmy woodlots and undisturbed prakies in all of Niagara Falls in order to make wise development choices 9. 10.23.2003 -letter from P. Colosimo, Regional Planner to Marianna McMaster re: woodlot protection and issues raised on its potential importance as a wetland 10. 10.22.2003 -fax from Garner Road Woodland Defenders (Marianna McMaster) to Niagara Falls Planning Department re: 10.06.2003 letter from M. McMaster requesting a peer review 10.01.2003 letter from Jim Dougan, Dougan & Associates recommend'rog a more detailed review of EIS submitted by L. Campbell & Associates 11. 10.20.2003 -EIS Addendum Report, Fernwood Development by L. Campbell & Associates 12. 09.09.2003 -fax from D. Heyworth to P. Colosimo re: opinion olD. Kirk, Ecologist with MNR regarding treatment of species as habitat of threatened or endangered species. 13. 09.08.2003 -letter from B. Kershner, Buffalo Audobon Society In. Re: protecting natural heritage in the Municipality 14. 09.07.2003 -letter from B. Kershner, Buffalo Audobon Society In. Re: timing of decision on applications Page 1 of 2 15. 09.08.2003 -PD-2003-80 report to City Council Council recommendations adopted: 1) Council approve the Official Plan amendment applcation to designate the majority of the lands for residential use with Special Policy provisions addressing the matters in this report; 2) the lands be zoned "Development Holding" 3) and that further investigations into the significant wetlands of the woodlots occur (Council addendum) 16. 09.08.2003 Excerpt of September 8, 2003 Council Minutes Planning Meeting 17. 09.04.2003 -correspondence from P. Cn'andoni (resident) re: the natural features on the property, reasons for protection and the effect of subdivision development 18. 08.28.2003 -correspondence from J. Bacher (resident) re: the consideration of Council to delay the official plan and zoning amendment applications to consider the significance of the woodlot area 19. (09.08.2003) -submission to public meeting by George C. M. Banks on behalf of Jean Grandoni (resident) re: the guidelines pert~ininoo to and the importance of retaining natural heritage features 20. 03.2003 Environmental Impact Study, Fernwood Development prepared by L. Campbell & Associates Page 2 of 2 "'"'""°' "'"'"""' ® Onta rio Natural ResOurce= Richest, es natumlles Guelph District Telephone: (51g) 826-4958 1 Stone Road Woet Fe;oslmile: (519) 826-4D29 Guelph, Ont~,do NIG 4Y2 April 28, 2004 Mr. Peter Colosimo, Planner Planning and Development Department Regional Municipality of Niagara 3550 Sohmon Parkway, P.O. Box 1042 Thorold, ON L2V 4T7 RE: Proposed Fernwood,,pevelo~meot West SId~ of Gartner Rd., north of Lundv'$ Lane (Rea. Rd. Dear Mr. Colosimo: Further to our letter of December 19, 2003 from Mr. Durst, and our meeting at the City of Niagara Falls of Maroh 10, 2004, we are pleased to provide you with additional comments concerning the b Campbell & Associates Environmental Impact Statement report regarding the above development proposal. Our comments relate primarily to the northern woodlot (#83) in relation to the provincially significant natural her'~age policies in section 2.3 of the Provincial Policy Statement (PPS). ~icant Wetlands As we have mentioned previously, out ministry has to date not identified any provincially signlfioant wetlands on the subject property. However, this does not preclude the potential for a wetland to exist. Si.qnifican. t Portions pf the Habi~t of Threatened and Endan,qered Species For the purposes of the natural heritage policies of the PPS, the ministry considers, endangered speoies to be those listed in the regulations of the Endangered Species Act, and threatened species as those listed as such in MNR's list of Vulnerable, Threatened, Endangered, Extirpated and Extinct (VTEEE) species of Ontario. Atthe time of Ms. Campbell's report, none of the species inventoried through her field work were listed as Threatened or End ~ngered species and there were no known records to indicate the presence of Threatened or Endangered Species on the subject lands. The ElS report indicates that Round-leaved Greenbrier (Smilax rotundifolia) was found in the interior of the northern Woodlot (woodlot #83). This rare species is currently afforded the status of Vulnerable in MNR's VTEEE list. A vulnerable species is any native Ontario species that, on the basis of the best available scientific evidence, is sensitive to human activities or natural events. MNR periodically amends the species at risk list to upgrade or downgrade the risk ,~,tatus of particular species. As we've mentioned previously, MNR has recently posted a poli~y amendment on the Environmental Bill of Rights registry that among other changes, raises the risk status of the Round-leaved Greenbriar from Vulnerable to Threatened. A Threatened species is any native species that, on the basis of the best available evidence, is at risk of becoming endangered throughout all or a significant portion of its Ontario range if the limiting factors are not reversed. Although the policy proposal, and the associated change In the status of the Greenbriar, has not yet been formally approved, it is a strong indication of th~,· vulnerability of the species and the need for protection measures. We strongly recommend that this be a consideration in determining whether the northern woodlot is Significant Wildlife Habitat as discussed below. _S_!gr~ific, ant Wqodlands As you know, municipal planning authorities have been given the authority to detem3ine and identify significant woodlands in their jurisdictions. To assist municipalities with this process, the ministry has developed the Natural Heritage Reference Manual (1999) for Policy 2.3 of the Provincial Policy Statement which provides guidelines and suggested criteria for id,~ntifying and protecting significant natural heritage features. Although the manual suggests criteria for identifying significant woodlands, municipalities may use other approaches that achieve similar objectives, We note that section 5.1.4 of the ElS report provides a very cursory discussion of the two woodlots on the subject property and does not make an attempt to assess their level of significance in the absence of municipal designations. Given that the woodlots represent the dominant natural heritage features on the subject lands, it would have been preferable to have a more extensive discussion and analysis of their potential significance in the context of the municipality and region. We note that the recently circulated Regional Policy Plan Amendment 187 ecnceming the environmental policies of the Regional Municipality of Niagara has identified woodlot #83 as a Core Natural Area. The plan report introducing the amendment Indicates that the Amendment was first considered by Planning Services Committee on October 8, 2003 and presumably had been in development for quite some time prior. The work and critsria development that had already been done by the region could perhaps have provided the authors of the report with some direction in determining the significance of the woedlots had the region been consulted. Section 7.2 of the report, and the Barnes Agriforestry report, indicate that the sout3ern woodlot (#87) is in poor health. Given this fact and the small size of the woodlot, we agree with the report's recommendation that tree removal in the southern woodlot could occur wil:hout serious impact to the remaining natural features and functions of the subject land. We also agree, and encourage, the report's.recommendation to compensate for the loss of trees through a revegetation program. We strongly encourage that a revegetation and landscape plan attempt 2 to recreate natural habitats and follow the principles of ecological restoration using only native species, and preferably from a local seed source. Restoration efforts could also include improving the quality of the northern woOdlot by removing non-native, invasive species and encouraging natural regeneration. With respect to woodlot #83, the woodlot should be assessed for significance bas~:l on the suggested criteria in the Natural Heritage Reference Manual or other appropriate criteria. The amount of forest cover, particularly upland forested area, remaining in the City of Negate Falls north of McLeod Road is extremely small. Recognizing this small amount of remaining torest cover, woodlot #83, at approximately 5.2 hectares represents a significantly sized woodlot. This provides a strong argument for recogniTJng woodlot #83 as significant woodland. In terms of ecological function, the rectangular shape of the woodlot is much more likely to provide interior-like habitat than linear-shaped woodland areas. The Round-leaved Greenbrier prefem moist, interior woodland habitat and its presence here suggests that woodlot #83 provides some interior-habitat functionality. By the description in the ElS report, the woodlot also appears to provide a relatively high degree of habitat and species diversity, including both d~y, upland areas and wet, Iow-lying areas that may represent ephemeral ponds or wetland. The report states that woodlot #83 is well-stocked with a high average bas~l area and much higher diversity of Oak, Aah and Maple trees, It also states that healthy, diverse arid significant vegetation species were found including Black Gum, Pin Oak, and Round-leaved Greenbrier. Si~lrlificant Wildlife Habitat. ~s with significant woodlands, the responsibility for identifying provincially significant wildlife habitat rests with municipal planning authorities. Both the ministry's Natural Herita.;:le Reference Manual (1999) and Significant Wildlife Habitat Technical Guide (2000) provide municipalities with guidelines and suggested criteria for undertaking this process. Section 5.1.7 of the ElS report does not conclusively indicate whether the wooded areas provide significant wildlife habitat or not, but suggests to the reader that they do nc.t. As this section of the report indicates, t~No of the suggested criteria for identifying significant wildlife habitat in the Natural Heritage Reference Manual include seasonal concentrations of animals, and habitats of species of conservation concern. It is the ministry's position that woodlot #83 meets both of these suggested criteria in the following manner: · According to MNR's information, woodlot #83 is an identified deer yard that provides wintering habitat for deer. Deer yards are one of the recommended features for identifying seasonal concentration areas for animals. Given the limited amount of forest cover in the area, this woodlot likely provides one of the few remaining sheltered areas for deer to concentrate in the winter time. · With respect to habitats of species of conservation concern, woodlot #83 i:,rovides habitat for a population of Round-leaved Greenbrier which is currently rand;ed as Vulnerable in the ministry's list of species of concern, and is recommended for listing as a Threatened species. As suggested above, this consideration should be a strong argument for recognizing woodlot #83 as providing significant wildlite habilat in addition to being recognized as significant woodland. This population of Round-lap,veal /'-'---'tm Greenbrier is of particular conservation importance as it contains separate male and female individuals, which only occurs in 3 of the 9 known populations in Ontario. B~sed on the above arguments, the ministry continues to recommend that woodlot #83 be identified as significant woodland and significant wildlife habitat and be afforded the, designation of an Environmental Protection Area in the local and regional planning policies. We support the recommendation of the Regional Policy Plan Amendment 187 concerning the environmental policies of the Regional Municipality of Niagara that identifies woodlot ~t83 as a Core Natural Area. As per the Provincial Policy Statement, consideration should also be given to potertial impacts from adjacent lands. Figure two of the report illustrates the preliminary plan of sub~livision and depicts lots along the entire southern length of woodlot #83 encroaching well into tile woodlot. This intrusion could impose significant impacts on the features end functions of the woedlot including, the physical removal and disruption of vegetation and habitat, the intrusk)n and predation by domesticated animals and urban wildlife, the intrusion of non-native, invasive species, the creation of barriers to the movement of deer and other wildlife, and impacts on the woodland hydrological regime. It is difficult to regulate, monitor and enforce the activities of private individuals once properties are in private ownership. We strongly recomma.nd design and mitigation measures that include a setback from the edge of the woodlot a mir,imum of 5 meters beyond the dripline, fencing in the rear of lots, and education and awarene~s of landowners to the sensitivity of the natural heritage features and functions. We agree with the report's recommendations that trails through the woodland should be limited to walking trails and designed by a forest ecologist to ensure the integrity of the forest and the habitat of the Round-leaved Greenbrier is maintained and protected. Figure two also depicts the two large estate residential lots on the eastern edge of the woodland adjacent to Garner Road. These extend more than a third of the distance into the woodland and, in conjunction with the development on the southern edge, represents encroachment on 50 peroent of the woodland edge. The ElS report recommends the preservation of all regionally and provincially rare species to ensure that the seed bank is maintained and further recommends that tree removal from woodlot #83 be limited to 15% on the eastern portion adjacent to Garner Rd. As we have indicated in previous correspondence, the ministry supports the recommendation to preserve the western portion and continues to assert that there is no reason to believe the Round-leaved Greenbrier would not colonize the eastern portion of the woodlot if it was allowed to regenerate without human disturbance. Despite having been subject to human intervention, the eastern portion may continue to sustain native vegetation, including unique Carolinian species, and mature to a state simih~r to other sections of the woodlot. If the two estate residential lots can not be avoided, the n~inistry strongly recommends that the buildings should be located as close to the road as possible, with minimal tree removal and the maintenance of natural vegetation. We hope this has provided greater clarification on the issues of concern to our mini.stry. Should you h~¥e any questions or need for further information we would be happy to be of assistance. Please ensure that all future ~orrespondence is copied to Mr. David Sit of the Minisl:ry of Municipal Affairs, Municipal Services Office - Central Region. Sincerely, lan Thornton A/Information Management Supervisor Phone: (519) 8,9.6-4928 Fax: (519) 826-4929 Joad Durst, Area Super~sor, MNR - Vineland Area Office Dave Heyworth, City of Niagara Falls David Sit, Munioipal Planning Advisor, MMAH - Central MSO 5 JUI'L O, LU~ ~L:UOFI¥1 OULL[¥/~I'{ i¥1~nuiIc! ~u, uuv ~, L L C~pbetl & Associ~ Mc ~cmt Mutamri ~0 Quem 5~ee~ P.O. Box 1360 ~R 6~ , RECEIVED lune4, 2004 JUN 0 8 ~ D~ Mr. Mumtofi, P LA N N I N G · D~V~LOPMfiNT Following our last meeting held on May 25., 2004 wlda the City of Nhgara Falls stuff, it ~ requested that I respond, in writing, to the Iv~R correa~ndenee date,:l April 28. 2004 addressed W Peter Colo~imo of the Regional Muz~,qpality of'Niagara and the curren~ proposed pl, n of mbdividon (Plan 'CU. ~ comespordeace serves to addxess both The corre~pondenc~ from the Minkw/of Natural Resourc~ provides an interpretadou of the Provincial Policy Statement as iT pemins w the nor~*m w~odlot (Woodlot t/83) on the above-mentioned property. The MN'R perspective is based on interpretation of the gui~llnes and criteria outlined in the Natural Heritage Refere, nc~ Mamml (1999), which is designed to provide guidattce to planr~g authorities who may chose to us~ these guldelln~, a.~d criteria when a~-*slng natural heritage features within their juaisdicdon.. It should also b~ noted dmt the evaluguon provklad m .tald eotrezpondenc~ reflects th~ mmtang MIqK cia , in ~bsence of field evahadnas. We bare review~ct the con,~o-dence thoroughly and would like to provide the following comments: 'l'he OMNR con'rrm that they have no recotd~ of Provincklly Significant Wetlands On subject property. $ign~)emant Port~ns #f the ttabktat ~f Threatened and ~lanffered $~eeies As previously disctm~ and doos~ented in eorre~oudeace dated February I0, 2004, Round-leaved (Co~-,v, or0 Gr~mbrler is currently desiguat~ ~s Vulnerable according to the Commit~ oa t~ Stam~ o~ Sr~d~at-~ i~ O~rto (cosramo), ,~hich .~o ~ ~r~, ~u, the MNR s Est of Vul~mble, Threatened, Enda~§ered, Extirpated and Ex,met tv x r~.;) which i~ ~pecifled ha the correspondence. CO$SARO is the provincial technical review committee malr~a recommendations to the MNR for designadom tffiag categories and definitions for ~pedes at ri*k, According to COSSARO, a "vuhaerable' species is %ny native 10~-I~5 Main $~e~ ~t. Codme~, 0nt~io, cm~a~ I~M iP2' Tel 90~ 457.4400, eampl~ll-&qso~te~zymp~¢o, ua 12 Campbell & Associat~x species that, on the basis of the best available scientific evidence, b a ,peeie~ of speekal concern in Ontario, but is not a threatened or endangered species". The green, brie~ identified on the subject property wa~ tint documented in the Urban Treed and Woodiot Study, conducted by Trees Unlimited for the City of Niagara Falls. Howe,er, the presence of Common Greenbri~ on this property was not documented with the MNR regbrry until we provided the details to them. Corrmaoa Greenbrier vats also doctunented in the Warren Creek Wate~hed M~ter Plan which is an area approximately two kilometers from the subject property. Aga~ despite the for,=~l documentation, the occurrence is not documented wida the Ministry of Natural Resources database, nor is it known whether planl~ were ~ered in one or several woodlots. Bagel on the t~xtly docttme~r, ect occurrences, it is difficult to degrmme the accuracy of the 'best aw,lahte scaentific e,ndence that has been used for r. hi~ recommended desigtmdom Southern Ontario, particularly Niagara, represents the northern limit of its' range and records indicate that Common G~eeabrier was neve~ common in On,rio. According to the MNR a~d ROM webfite fose Species at Risk. there is no formal pro~eetion of this species ~ Ontario. The reference to the recently posted policy amendmen~ to the Envirorm~ental Bill of Rights mary change the current desigtmtions assigned under COSSARO, however, the proposed change is preliminary, and only presumed, at this ~me. S/g. As dearly srace~ in the MNR correspondence (page 2, paragraph 2), ~muulcipal pla~.nlng aurahotities have been given the authority to dew. rmhae and identify ,igr~ficant woodlands in their jutLsdicdons". Trees Unlimited complet'ed an ttrbatl wooal=-d study for the City of N!=~,-a Falls in 1993. Thi* study ratfl~d rim woodlaods in temps of their relative significance based on age, size, species diversity and other criteria. As a remit of that study, ~,veral urban woodlands wexe designated a* EPA accordi~§ ro their Official Plan. woocUot on question (Woodlot #83) was not ~ao~g those delighted, despite City own~sMp. 2 made to K ional Pol /PI lS7 only) whi designation is p~elimh~.~7, v~ would like m clarify thb point The woodloc [u quc~don ~cm~ll~ ~den~ed ~ an ~nv~o~en~l Con~don An~ ~cco~h~ ~o the proposed n~mral herkage ~,~. An:ordin~ m the ~lo~-y of ~erms pro, ideal -i~ Amendment tS7, the proposed Environmen~l Con~rwdon Are~ dh~fer f~om the propo~d Protection Are~ ~ BC ~cas h~ve no Formal provindal d~n~tion. Unformn~¥, despkc rec~ues~s for dm desi~fion crkeria, ~ criteria used to cf~e ~e ~amral heritage ~.,~ not been included in the amcnc~rnen~ ~eview ~tefinl$, ~to~ h~'~ they bccn provided based on form~ tequcsc. The ~ co~fespondc~ce [urther refers ~o ~he sL~,c and sh~c of woodlo~ #8~ and reference to possiBili~f of in~¢fio; h~bi~ b~scd on dte~e c~terh. Dc~pke d~e 104.~$5 ~n Str~ ~ ~by, O~u~o, Catu~ ~.~M 1F2 Tel can~t~I- a~soci~es~npat/co_c~ L Campbell & Associates diversity of species and habitat, this woodlot h fragmented from any Large continuous corridor, providing only limited connectMcy with a woodlot northwest, just outside the urban boundax7. As well, the rectangular ~ape provides very limited in.riot habitat as there ~ l/~e undersmrey cover and the north and south foresg edges can be de~rly seen from the h~terior even when tree a~d herbaceous growth is at irs denses~ There were few species pres~,'~t chat wouJd ~uggest that cb. is woodlot o~ered interior habitat. ~ r~xds h~ ~ ~s g~ h i~d m a d~r ~d ~t pr~ ~g ~imt ~r ~. D~r m~ w~e ~6~ed ~ ~e adja~nt open ~ ov~ ~ rammer ~, ho~er~ ~ere w~e m signs ~mu~ ~ndu~d ~ 2002 md 2003) ~ ~cat~ ~t de~ ~o~ In ~e ab~ of~ ~ ~er ~d ~ot d~ hOC o~r ~propr~ ~tering ~bi~ for de~. It ~-g oa ~e ~ in ~e ~m po~on of ~e ~r~t ~ ~ere ~ a high ~n~a~don of on ~ Mj~nt lm~ jmt ~t of ~e subject ~i~ adjam~ to ~idenfi~ d~opment ~ not ~end~ ~ese ~e nmerom sm~ ~t ~p~r~ ~e h~-~r~ ~8 ~s ~d d~t popu~dom ~ ~b~ ~s. Fernavood Subdi~io~ .Plan We h~ r~d ~e pxo~d mb~slon layout P~ 'C' ~ it p~ w ~e od~l m~ r~do~ ~ve re~ ~e ~e ~ ~e ~pdon of ~e pro~d r~en~dom prodded ~ ~e ori~ ~S re. ri w~e md/or ~pm pr~ a~ ~e ~e of- ~e ~fion. ~y ElS p~& ~ md ~n~ ~d pr~de ~prop~ ~don. ~r~, the oeig~n.1 EIS m~ ~ r~ccd~ ~ ~ ~'s pm~ ~t ~cluded ~c pr~don of a ~e ~on ofW~ot ~83 md wn~ of ~r r~ufl w~ot to ~e mu~dpfli~ ~ p~Mmd. The ElS report ~ply of p~do~ p~dc~ a~ it ~tes to ~ comldemd ~ x~na~y or provh~y. bu~not ~ my t~n of [d~ble ~ ot d~gnadon, ~et by ~ of prefere~ w~ch w~ ~nt ~ ~ o~r's pro~. The ~cfion ~ im~t md ~hould aot be co~& In other ~r~ ~ere ~ a dl~ ~ hap~ md ~t one c~ my k req~ed ~ ~p~n ~d ~mommted rela~g m ~e ~ on ~is si~: ~e ~rcour~ were d~a~d, ~d ~ere~re, were a potenfi~ comment on development ~ ~d 104-155 Mah Strut ~ Orimsby, Ogtario, C~sda L3M IP2 Tel cat~pbell-~ssocinte~(~}sy~apatico.~ L Catt~bell & Associates wood[oc J,~ elot designate& ~.~ ~11 and, therefore, is tech.,xic, ally not a constralnc to developmeac, except olx the basis of"desk~bility' for woodlo~ p~:e.sere~tion. As d~tail~l in the oxiginal EIS gport, thc r~omm~ndation to preserve as much of the woodlot (#83) as possible re~ains unchanged given the ~vised Plml "C". Hoverer, in the lbs~noe of any formal designation by the l~ovinee, Kcgion or Municip~lity~ ~rthern wo0cllot cannot be viewed as an iml~dil~en~ to d~dopmcnt. In addition, there me curxent[¥ no c~itm'i~ for ~lesism6on whi~ would devate this woodlot beyond its stttu$, Es~lly', this w~odlet mmsJas what it is, z nice woodlot with some older growth l~rd~ood t~. This also m~u~s that, ia the absence o£ 4¢~ig~6oa, ~ woodlot could be subst~udallF h,~,ves,~d ~ is typic.~l f~r v~odlots which ~e not o~e_,~vlse de. sigmg:d, in raany ~r~ys, m~/development p~opos~l whic~ would p~e~.rve ~ significant potion of' ~he west~ra end of ~Y)bod[ot #$5 ~d malatain ~me o£ the old~ g~ow~h c'~o[lai~ t~ee spe. cie~ would be p~feeable to m alternative of hxrvesd-g mar0xe t~ees for commerd~l pttcpose~ UlrLmately, ~o ~ign a value to r_bj-~ woo~lo£, it raus~ be ba~ed on ~hnical merit, T~e ElS report ~ ox~0r address it on the basis of designarioa and Rot desirability, The MNR t~hnical guidelines applied w the origimal BI5 e~raluation w~re fiuxher reviewed relative to r. he comments p~ovided by MNR and our opinion remalm the ~me. This is not d~ig~ted wtmdlot for the various re~soas identified above. It should also be aoted that ~ d~ ~x,edlot is coaxpared to m~ay o~r~ la ~ City of Ni~g~ ~F_alg (whi~, ~.~ nog d~dg~ated) o~e would have some dif~toflty s~gg~d_'~g that spem~ ~rares re~anng to Woodlot #83 had been ow~looked an~ that its lark of designation is i~xcortect o~ somehow, inco~,4~tent with similar woodlot~ ia N-ngari Falls. Based on its featares, Woodlot ge85 has been dealt with consistently. ! txust that tho above .__._e~ments have accuracy reflected our disoussion. Should you lave any questions, ploag do not hesitag to contact me. Li~ Campl:~ll, M,$c., L C-mpbell &: Associates 104455 ~ Sar. et East, C, dmsby, Ontario, Canada L3M 11'2 Td 905-6g7.-4400, eal:~bell- a.ssociat ~s~llp~lieo. ca R,E. ~l Garner Road Niagara Falls, Ontario L2E 6S4 Feb. 23, 2004 Niagara Fmlls City Council ppl~cation, ~est Side ~m~rs: ~: OffiCial Plan and ZoniM' BY-L~ A~nt A · ' of ~rner ~, No~h of ~dy's Lane -- File The ~'Jor ~estion is whether or not the ~pt~, 8, 200~ ~tion of Co,cji "~at ~h~ inve~ig~ int the signi~cant wetlands of the wo~lots occ~", has ~n a~ u~n ~d fulfilled. We ar~e that this ~tion has not ~n satisfied. ~idence of this is in o~ consulters Environ~ntal I~ct ~ndy-- black ~d whit'e in She dev~l?~rs the very Iast p~ ~t~ched~; and is entitled ~ A~a~n+. Fn~ . T0 see'this evidence one ~st re~ c~efully the H~ P~. We h~e enlarged this last ~ge to ~nefit those who ~y have a' vision problem. ~ve~l s~ctions of the ~te '~se~s~t Fo~ illusfrate th~ the wetlands eval,~ion ~ not done by ~yone, not by the develo~rs consultant, L. Cm,p~ll, not by her fore~y technici~, ~. Ja~s ~nes who is also a logger, ~d not by any ~affof the Minist~ of N~a~l ~so~ces. F,~r, one ~st ~ ~-e th~ the Min. of Natal ~so~ces Peer ~view ~ pp~,~[~on only the d~elopers .consult~ts ~S, and ~dend~. The Peer ~vi~ is ~ ~ of m do~nt~ ~ the re~e~ of dissatisfied ~ies. The ~te ~sses~nt Fo~ ~res~ts the fo~st~ or woodlot eval~tion and r~ing score sheet. In fact it was done 'by ~ full fledged fore~r, ~. Pa~l ~son ~d a ~. ~ Bl~ke~. ~. ~n has no~ ~en con~lted with to dat~ ~. ~so~ did this asses~nt in 1993 for the C~ty and it is a'ct~lly exc~p~ ~m the Oity's o~ ~Ur~ W6~ed~ & Treed Inventory .~d ~s~n~ ~Y In 199~, Mr. ~son, with whom I v~ified this, reve~led that he did not do m w~l~ds ,valu~ion as no ~ney ~s p~vi~d , ~s -~ ~i~- ~,. ~d the Bilk Points for the Wetl~d~ ~ction. Not~ a-leo that the ~h ~ience ~ Feature ( Area of Nat~al and Scientific Interest~ , na~iy the ~drock fo~tion ~pplying ~ea ~o~d~er, was also omitt~ in 200Y by the developers con~lt~t. Therefor~ the Provincial Minist~ of Nat~al ~so~ces, in conducting their P~ ~I~, which is ~rized in their letter of Dec. 19, 2003, and in ~ weak atte~ to fu~ill ~uncils ~tion of ~t8, 2003, actually reviewed ~S ~UATION -- ~cause no e~'t scored it. ~e ~st ~derstand that wetlands ar? e~Uat~ using ~ ~t sy~em, t~ establish wh~ther or not they are Provincially Significant. The abs~ce of score shee~'s ~n ~th the ~rch 20~ developers ~vir0~nt ~udy ~d the addend~ of Oct. 20.0~, present f~her evtden. of a ~ssing wetT~ds eva-lnation, Co~en~s such as "Min. of Natural ~co~ces did nOt desi~ate" or "did not identify" .a~ es~used in several letters ~d are ~sie~ing, Are they ~sing suc~ te~s to ~ggest that it is not a wetland woodlot or not provincially si~nificant~ The we~l-~d-s are simply "not Designated" ~nd #not identified" because no one studied, scored or evaluated them. Further the PEER REVIEW by MNR not only relied on a BLANK k~fLANDS REPORT but went so far as to make recommendations in their letter of Dee 19, 2003 'based on~ developers Consultants Env. Impact Study(..~0h 2003~)and addendum of Oct. 20/03, which a~cording to investigations by ether experts are deficient of information, making it impossible to d'ra~ ~ccttrate ~onelusions. I therefore cannot ~gr~e with t~he Ministry of N~I Resources reoommendatiom thct the~ south woodlot Number 87 can be~ destroyed simply be~aus~ it is diwemse~. Most wocdlots contain some disease including British~Columbia preserved giamtl Dougla~ fir Forests' which I '~ -"~ ' ~- ~ ...... Such an MNR recommendation is in direct contravention of its own Provincial Policy Statement which aims for thirty per cent forest coverage inside and outside of urban boundaries~ T~he Region of Niagare 'a~ma to achieve this target . The 0i~y of Niagara Falls forest cover fails deeply sh~ort of the thirty per cent figure. It is unfair for MNR to make such PEER ConclusiOns without the benefits of a wetlands evaluation and ElS and Woodlot evaluation done by an independent e .xpert consultant. MNR has advised (letter dated De~.19, 2003) that they will be doing ~ we~l-~ts ~valuat~on of the Beaverdams Creek this s~,mmer. However considering The Min. of Natural Resources actions to date, I am in favour of staff recommendation Two of page one of PD-200~-ll, ~eb. 23, 200~ with some changes in wording as follows: 2) ~lternatively, Council may wish to consider und~er~aking an independent evaluation of the subJect~ woodlands~r~$ ~ e~c~ ~wo$~ ~e~ex""~,~e significance an~ d~gree of environmental protection war~an~e~ . OTHER POINTS: If not d~emed a provincially significant wetland the woodlot warrants pro%ectien based' on,ne fact~ that it is locally significant ~s it is the larges~ '..~fores~ within the urban area north of HWY 20' ex~Iuding ~the NPc ~!~s and a Hardwood one . There simply are NO Forest~7~l~i~..~ he urban area North of HWY 2~. The~ Provincial Policy Statement, ~?~r the ,.Planning AcS, aims for $,bf~Y ?~ ~. Forest coverage-. This figure makes the Cit~ficientL~t~date. The City should se~' 9a~-gets for aehievin~ the thirty per cent and map a green space plan that would be untouchmbl~. Woodlots are RESO~ROE and a tourist attrsction. Selective logging provides employment', It is truly ironic that developers who rely on wood to build houses, are bent on destroying the very source of that whorl---the woodlot. We value our southern woodlot resources as much as any Northern Ontario Forest, To date no stewardship can be found only destruction. The south woodlo~ is protecting the north woodlot from the impacts of the polloted southwest winds. Environment 'Fe.atures: 1) the area contains a water bearing rock high formation which is a groundwater discharg~ for wells in the area. In my opinion this should be designated at the least, a loca'lly significant "Earth Science ANSI Feature" (Area ~f Natural ~nd Scientific InterestS. See Gartner Lee Hydrogeological Study 1976. 2) The largest population in Ontario of the rare Green Briar is found in this Niagara Falls woodlot. 3) the woodlot contains Provincially si~gnificant ~pecies such as Green Briar (or Cat Briar), Black Gum, and Pin Oak, Holly and Sch~nnard oaR. Many cf these favour a wetland area. Environment Features: 4') This subdivision applicat'ion is the headwaters of two pike spawning tribut~aries of the Beaverdams Creek which contains a Provincially Significant Wetl~ad do~rnstream, namely the We~land Ca~al Turning Bmsin. Th, fish barriers should be removed and She tributaries re-evaluated. 5) the Provincial Walkerton Inquiry recommends careful preservation and protection of sourc~ headwaters. 6)At the Council Meeting involving the sale of these lands, former Mayor Thompson revealed that there was hazardous waste dumped somewhere on these' one hundred acres. I have learned this from former neighbours as well. What is Ministry of Environment doing about this? I saw no letters regarding this in researching Sept, 8 Council correspondence. ?) Le~l ways to save our ~anishin~ forest: ~)-Simply pass By-LaM~ to do so. The Township of Fort Erie and the Region of Waterloo, Ontario have done this. No woodlots can be cut there by anyone inside or outside urban boundaries. Fort Erie's by-law even gives protection to ~ single tree. b) P~ovincially Significant Designation will protect. Yours truly, ~tt~chment Jean Grandoni Pleos¢ refer . e-mail: }ohna@davleshocoe. com June 7, 2004 Davies H o w e FAX TO 1 905 356 2354 Partners Douglas Darb~son. M.C.I.P., R.P.P. Director of Planning and Development of R E C E I V E D L a w y e r s Niagara Falls City Hall 4510 Queen Street JUN 0 The Fifth rl00r Nla[~r~lTA Falls, Ontario 99 Spadina Ay. PLANNING Toronto, Ontario I.~F 6X5 & DEVELOPMENT MSV 3P8 Dear Sin T 416.977.7088 F 416.977.8931 davieshowe,com Re: "Fernwood Subdivision" - Draft Plan of Subdivision File: 26T-11- 2005-05 (Revised) Our client - IFiorino Romano Written contrnents on proposed draft plan We are counselto Fiorino Romano. Our client is the owner of lands [egal¥ described as Part Township Lot 135, Stamford and Part of the unopened Road Allowance between Township Lot 1~.1 & 135, Stamford, Niagara Falls. Our client's lands lie immediately to the we~-t of the "Femwood" lands and our client's lands bont onto Beechwood Road. Our client intends to file, in the future, applications for its lands which contemplate brin§ing our client's lands into the urban area and a development scheme that reflects this revised designation. The purpose of this letter is to indicate our client's concerns with the proposed draft plan of subdi,Xsion for the Femwood lands. In summar~ our client is concerned that the Femwood concept plan as illustrated on Schedule 3, contemplates a looped road s~stem in the northwest portion of the Femwood lands which does not permit for future connection to our cJient)s property. Our client is of the view that the proposed concept plan may therefore have negative implications for our client's abilit~ to successfully develop its lands in the future. Additionally, our cl/ent is of the view that termination of the urban boundan~ as is presenf¥ proposed at the west propert~ line of the Femwood lands is shortsighted and precludes opportunities for a future linkage and connection to Beechwood Road. A connection to Beechwood Road would make for better transportation planning and access arrangements. The proposed Concept Plan also fails to properly account for the proposed M'rO D a v ~ e s highway corridor which crosses both the Femwood lands and our client's lands, If the Howe P a r t n e r s highway is ultimately extended than the northwestem portion of the Femwood lands would be landlocked absent a connection with and through our client's lands out to Beechwood Road. It is our submission on behalf of our client that it would be inappropriate and poor planning to leave a portion of the Femwood lands landlocked and incapable of being developed in the future despite their designation for urban In light of all the foregoing our client is concerned that the Femwood draft plan and concept plan may not adequately provide opportunities for our client to develop its lands in accordance with sound planning principles and in a manner which would be in the public interest. We would appreciate receiving confirmation of receipt of this letter and an indication as to how it was dealt with at the public meeting and by Council. We would also request that we be provided with copies of any additional Public Meeting Notices for the related Officiat and Zoning By-law amendments respecting the Femwood lands, which we are informed will be considered at a later date. Should you have any questions do not hesitate to contact us. Yours truly, DAVIES HOWE PARTNERS John M, Aloft copy: Fiorino Romano Corporate Services Department PD-2004-53 .... ~,~ Planning & Development Doug Darbyson The L;I~/oT 4310 Queen Street Director Niogoro Folls~ll~ P.O. Box 1023 Conodo ~~ Niagara Falls, ON L2E 6X5 ~ll~r web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on,ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-53, Zoning By-law Amendment Application AM-24/2004, 6131 Virginia Street Applicant: Deborah Mclnnes Proposed Conversion of Existing Building RECOMMENDATION: It is recommended that Council approve an amendment to the Zoning By-law to pemait the establishment of General Commercial (GC) uses at 6131 Virginia Street. BACKGROUND: Deborah Mclnnes has requested an amendment for the property known as 6131 Virginia Street, as shown on Schedule 1. The amendment is requested to permit the existing retail electrical supplies shop to be used for a hair salon and a retail store. Details of the site are shown on Schedule 2. The subject property is zoned General Conunercial (GC-85). Special provision 85 permits the existing building to be used for a retail electrical supplies shop and not more than one dwelling unit. New site specific provisions are requested to permit a personal service shop (hair salon) and a retail store. Site Description and Surrounding Land Uses 6131 Virginia is occupied by a two-storey dwelling with a 1,525 single-storey addition. The single storey addition is currently used by Lite Brothers Electrical Supply. Surrounding land uses are generally commercial to the west along Portage Road and residential to the east. Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems · Legal Planning & Development June 14, 2004 - 2 - PD-2004-53 Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. No City departments nor government agencies expressed any concerns respecting the proposal. However, a letter of concern was received from a resident on Carroll Avenue. The issues raised - truck traffic, noise, dust and parking on Carroll Avenue, appear to be related to the industrial operations east of Carroll Avenue, rather than the subject application. As such, the letter was forwarded to Municipal Works for response. Planning Analysis 1. The proposal complies with the Commercial policies of the Official Plan. The subject property is designated Major Commercial and lies within the Stamford Retail District. This district is to be promoted as a principal shopping area providing a range of services for local residents. Consolidation of properties and intensification of uses are encouraged in order to enhance and strengthen the commercial viability of the area. As noted above, the property has a very restrictive GC zoning, only permitting a retail electrical supplies shop and the dwelling unit. Expanding the range of permitted uses as proposed to a retail store and a personal service shop is in keeping with the Plan's policies for the Stamford District. In fact, there is planning merit in expanding the range of uses permitted on the subject property to include a number of low intensity GC uses such as an office, service shop, a clinic and a day nursery. In 1982, when the current zoning was established, the subject property was bordered by dwellings. Since then, there has been further commercial development in the area. Thus, an increase in the range of permitted uses is in keeping with the further development of commercial uses. The types of recommended uses would not have a significant parking demand or result in adverse traffic generation and could be accommodated within the existing building. The number of uses that could be established at the same time would be limited by the fact that the parking area can only accommodate six spaces and, as such, although the uses can be expanded, the overall intensity of utilization will be low with little impact on the residential land uses to the east. Accordingly, it is recommended that the number of uses on the subject lands be expanded as detailed below. 2. The recommended amendment is appropriate. Although the applicant has requested to have the GC-85 zoning amended to include a retail store and personal service shop as permitted uses, staff recommends that the following uses be permitted to be established on the land: · Bake shop Personal service shop · Clinic · Photographer's studio · Day nursery · Printing shop · Dry cleaning establishment Retail store · Office · Service shop · Veterinarian office June 14, 2004 -3 - PD-2004-53 Lands to the east are zoned Deferred Commercial (DC) in the Zoning By-law and are thus slated for expansion of the district. The recommended zoning is in keeping with the intent of the Zoning By-law for the area respecting the phasing in of comrnercial uses in this area. The uses recommended are not the full range as listed in the GC zone but will allow for further commemial development of the property and will thus phase in commercial uses eastwards gradually. CONCLUSION: Staff is recommending approval of a Zoning By-law amendment to expand the number of permitted GC uses at 6131 Virginia Street because: · the recommended amendment complies with the Commercial policies of the Official Plan; · the range of uses strengthen the economic potential of the subject property; · the list of uses should result in little impact on the neighbouring residential properties to the east; and · the recommended amendment is appropriate. 2g/espectfully submitted: %61ul/Barnsley ,/~J John MacDonald Planner 2 v Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: ~'/T. Ravenda Executive Director of Corporate Services JB:tc Attach. S:~PDR~2004XPD2004-53, AM24-2004, 6131 Virginia St SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: 6131 Virginia Street Applicant: Deborah McInnes t:rqys AM-24/2004 K:\G [ S_ Req~[~2 C04~c h~lules~amgAM ~ M. 24 hnapping apr May 2~Cq SCHEDULE 2 ,,~ 29 May 2004 Mr. Doug Darbyson Director of Planning and Development 4310 Queen Street Niagara Falls, ON L2E 6X5 REFERENCE: City File AM-24/2004 Dear Mr. Darbyson: This letter is in conjunction with the rezoning of the property on 6131 Virginia Street. There are some ongoing concerns with my Mom's property, 4073 Carroll Avenue, that need to be addressed, and situation will multiple should the property on Virginia Street be rezoned. These concerns are as follows: 1. Dust--the street sweeper goes down Virginia Street (east), south on Carroll and then back up Virginia, missing the north end of Carroll Avenue the end which has all the transport traffic as well as commercial traffic. Lots of dust, a situation, which has not been resolved, but will multiple with more traffic. 2. Speed: of the transport trucks once they enter Carroll Avenue, combined with the traffic with Virginia will cause a lot more congestion. 3. Sewers: Another commercial property within Carroll Avenue area will cause the sewers to be placed in a situation which will damaged them more than they can with stand 4. Cracked ceiling: due to the excessive traffic the ceilings in my Mother's livingroom have cracked--the constant pounding 5. Blocking ofd~veways: with traffic congestion at the Recycling Plant and another commercial enterprise this area of concern may multiple. PLA N US Um' NG - ---. RECEIVED MAY 3 1 PLANNING Page 2 6. One way on Portage: people avoiding the "five corners" will go down Elizabeth or Virginia Streets, therefore, causing MORE TRAFFIC, on the north end of Carroll Avenue. 7. Paper: its is bad enough that we have all the excess paper from the trucks heading towards Thorold Stone Road but another commercial property may increase this problem, twofold. This has been a family area, safe to walk on the streets, play baseball etc., and now because of the routed traffic, the trucks, dust, speed, this 40 years history has been put into jeopardy. Presently, there are 5 seniors (in their late 70's to 80's) and 3 children under 13 years of age living on the north end of Carroll Avenue. The dust and traffic congestion is a concern, but any of the other issues need to be addressed also, for the people living in the area that is going to be affected by the rezoning of this property on Virginia Street. I await a letter or action from you regarding the above issues that are stated on this letter. ~fful submitted Niagara Falls, ON L2E 5Z8 905.358.3320 NIA A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 I I Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca June4, 2004 File: D.10.M.11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application 6163 Virginia Street Deborah Mclnnes City of Niagara Falls Your File: AM-24/2004 This application proposes to amend the City's Zoning By-law to allow an existing electrical supply shop to be used for a hair salon and a retail store. This site is within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and appears to be designated Major Commercial in the City's Official Plan. The surrounding area forms a mixed land use pattern comprised of older residential homes and small scale commercial uses that include converted dwellings. The proposed commercial use of the subject property should fit into the established character of the area. The City, however, may have more specific requirements that should be regarded. Regional Planning staff would not be opposed to the approval of the proposed Zoning By-law amendment from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. Smeaton M:\MSWORD\PC\N Fzbla\6131VirginiaSt Mcinnes.doc RECEIVED FLANNtN MEETiNg- JUN 0 8 200 PLANNING & DEVELOPMENT Corporate Services Department PD-2004-48 [il~ Planning & Development Doug Darbyson The Cih/ Of Falls,a~ 4310 Queen Street Director Niagara P.O. Box 1023 Can~~ Niagara Falls, ON L2E 6X5 ~111~¢ -F web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning @city.niagarafa[Is.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-48, Zoning By-law Amendment Application AM-22/2004, 6609 Stanley Avenue Applicant: Rudan Holdings Limited Proposed Temporary Use - Commercial Parking Garage RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit a commercial parking garage for a period not exceeding three years. **approve the zoning by-law amendment application to permit a commercial parking garage for a period not exceeding two years.** BACKGROUND: Rudan Holdings Limited has requested a Zoning By-law amendment for the land known as 6609 Stanley Avenue, as shown on Schedule 1. The 30-storey Crowne Plaza Hotel is under construction on the property. The amendment is requested to permit the hotel's parking garage to be used as a commercial parking garage on a temporary basis while the hotel is being completed. The land is zoned a site specific Tourist Commercial zone (TC-506) which permits a high-hotel. A temporary use by-law is requested to permit the hotel' s parking garage to be used as a commercial (pay for use) parking garage for a period not exceeding three years. Surrounding Land Uses The property is surrounded by a variety of tourist commercial uses to the north, south and east. To the west are surface parking lots servicing nearby hotels. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. The following comments have been received: Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal Planning & Development I June 14, 2004 - 2 - PD-2004..48 · Director of People Mover Project The second stage of the Request for Proposals for the People Mover is anticipated to commence later this year, meaning the People Mover is unlikely to open before 2007-2008. Objects to the creation of a permanent commercial structure on this land if it is not accessary to the Crowne Plaza Hotel. No objection to a temporary approval of a commercial parking garage that expires on the earlier of three years from the date of approval or the commencement of operation of the People Mover project. · Municipal Works No objection, provided use of the commercial parking garage is approved for the lesser of a three-year term or upon implementation of the People Mover system. In addition, a letter has been received fi'om a business on Dunn Street with concerns about the temporary use which is on tonight's agenda. Planning Review 1. A temporary approval for this proposal complies with the Official Plan. The subject property is designated Tourist Commercial in the Official Plan. The Crowne Plaza Hotel, which is currently under construction on the subject lands, was approved in 2000. The applicant wishes to use the future hotel's parking garage (nearing completion) as a commercial parking garage while the balance of the hotel is being completed. Afterwards, the garage will be used to satisfy the hotels parking requirements. The Official Plan currently permits parking facilities to be distributed throughout the tourist area, particularly where other modes of travel, such as walking, can be used to get to tourist attractions. However, the issue of commercial parking lots and garages in the tourist area is being reviewed by the City, particularly in the context of where these uses may compromise the viability of the People Mover system. The request to be able to use the parking garage commercially on a temporary basis complies with the Official Plan. The applicant has requested approval for three years. This should provide enough time for the completion of the hotel, at which time the parking garage will provide the required parking for this hotel. This temporary approval will not jeopardize the ongoing review of commercial parking lots and garages in the City's tourist area. June 14, 2004 -3 - PD-2004..48 2. The proposed Zoning By-law amendment for a temporary use is appropriate. The subject property is currently zoned TC-506 by Zoning By-law No. 79-200. The hotel and associated parking garage under construction on the property arc permitted. The applicant has requested the underground parking garage to be used as a commercial parking garage for a period not exceeding three years. Three years should be ample time to complete hotel. The temporary approval should not be extended in the future if it will compete or compromise the People Mover system (2007-2008). 3. The site plan agreement is in place for the garage and hotel. The site plan agreement for the Crowne Plaza Hotel was executed in 2003. This agreement provides for the underground parking garage currently under construction. As it is understood that the construction of the hotel is proceeding, no further site plan approvals are anticipated at this time. The applicant will be required, during operation of the garage and construction of the hotel, to ensure the safety of the patrons of the garage in accordance with the Ontario Building Code and other safety regulations prior to occupancy of the garage. CONCLUSION: This application can be supported on the basis of a temporary three-year approval for the following reasons: · The temporary approval conforms to the Official Plan. · A temporary approval would not compromise the People Mover system. · It is intended that the garage will eventually be part of the permitted hotel development. ~~Prepar . ~Mac~DD°n~d/~'/l~espectfully submitted: Planner 2 /// Chief Administrative Officer Recommended by: Doug Darbyson Director ofPlarming & Development Approv~ed by: ,~ T. Ravenda Executive Director of Corporate Services AB:gd Attach. S 5PDR~2004XPD200448, AM-22-04, 6609 Stanley Ave-Rudan.wpd SCHEDULE 1 LOCATION MAP Subject Land ~ ! DUNN ST Amending Zoning By-law No. 79-200 Location: 6609 Stanley Avenue Applicant: Rudan Holdings Limited I:NTS AM-22/2004 [C\GIS Requ~120Cq~chedlde~,o~ing~vf~AM 22'anappmg apr SCHEDULE 2 DUNN STREET CROWNE PLAZA HOTEL NIA A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 / Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca June 2, 2004 File: D.10.M11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application 6609 Stanley Avenue (Regional Road 102) Rudan Holdings Ltd. City of Niagara Falls Your File: AM-22/2004 This application proposes to amend the City's Zoning By-law to permit a parking structure, intended for a hotel that is under construction, to be used for a commercial parking garage for a temporary period of up to three years. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Tourist Commercial in the City's Official Plan. Although the City generally discourages commercial parking facilities that may be in conflict with the people mover project and its related parking component, the proposal is only intended to be a temporary use that can be terminated once the hotel and/or the people mover system are completed. In the interim, the proposed use of this parking garage for public parking will assist in meeting current parking needs in the Fallsview District. Comments from the Regional Public Works Department conberning any potential impacts on Regional Road 102 (Stanley Avenue) are being finalized and will be forwarded in the near future. In this regard, Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective subject to any requirements of the Regional Public Works Department being addressed. Please send notice of City Council's decision on this application. Yours truly, P os RPP RECEIVED Senior Planner JUN 0 3 200 C: Councillor W. Smeaton W, Stevens, Regional Public Works PLANNING Jt ~-&t-D~E-~-L'OPMENT M:\MSWORD\PC\NFzbta\6609 Stanley Crown Plaza.doc PLANNING ........... j Planning I 1527179 Ontario Ltd. ~}e: ~D~I ,~(~ 5630 Dunn St ~;~s ~ ~ Nizam Falls, ~t. L2G 2N7 20 May 2004 D/rector of Planning and Development City Hall 4310 Queon St Niagara Falls, Ont., L2E 6X5 Dear Sirs, Re AM-22/2004 Under Mr Ted Salci's management thee should be a positive change The primary plan of primary development areas must be enforced We will be very disappointed if the authority in the ond will agree to the owner/developer's amendment request particularly for that prime development area at 6609 Stanley Ave. The original plan is good and agreed upon - the business man should not make use of the original plan to get permission just to earn money (get benefit alone) while delaying his responsibility to complete the project to beautify the city.., at least not to some primary areas. Delaying the project is delaying everything else.., and can give a very bad impact on the development of Niagara. If for any reason there is not enough financing (which is not logical), the owner should give chance to the public to take over as planning for prime areas is very serious. Doing construction of a hotel is not a simple project.., a lot of departments have got involved; therefore, once it is begun it should be enforced otherwise don't hassle to do it from the beginning. The final decision (over which we are afl'aid we have no power at all) is going to tell us how the uncorrupted Council under Salci's management beautify Niagara in order to be able to compete in the open economy. Thank you. Yours truly, For 1527179 Omario Ltd NieodemusO~y , lUlq 1 ....... i~LANNiNG & DEVELOPMENT Corporate Services Department PD-2004-50 The City of ti~ Planning & Development Doug Darbyson Fallsli~ ~_, 4310 Queen Street Director Niagara Can P.o. Box 1023 Niagara Falls, ON L2E 6X5 .~ii~~T'-- web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plan ning@city, niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-50, Zoning By-law Amendment Application AM-29/2004, 4085 Stanton Avenue Application: Victor Elms Proposed Four-Storey Apartment RECOMMENDATION: It is recommended that Council approve the requested Zoning By-law amendment application to construct a four-storey apartment at 4085 Stanton Avenue, conditional upon the applicant entering into all necessary agreements to obtain a right-of-way for driveway access within the unopened Leader Lane road allowance prior to passage ofthe amending zoning by-law. ** and that the residents be included in the site plan process and that 25-30 feet of the Leader Lane Road allowance is to be allocated for a pathway access to the neighbourhood park and a bike route.** BACKGROUND: Victor Elms has requested an amendment for the lands known as 4085 Stanton Avenue, and a portion of the unopened Leader Lane road allowance, all shown on Schedule 1. The amendment is requested to permit the construction of a nine-unit apartment building and to utilize the portion of the Leader Lane road allowance for access to the proposed apartment building. Details are shown on Schedule 2. The land is currently zoned Residential Single and Two Family (R2). The applicant is requesting a zone change to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. Site Description and Surrounding Land Uses 4085 Stanton Avenue is currently vacant. The parcel is an amalgamation of lots with frontage on the unopened Leader Lane road allowance and Stanton Avenue. Lands adjacent to the east, south and west are residential being comprised of single-detached dwellings with some multi-unit dwellings. To the north, the lands are a City neighbourhood park above the treed moraine and a Comfort Inn hotel located below the moraine. Working Together to Serve Our Community Clerks Finance · Human Resoumes Information Systems Legal Planning & Development June 14, 2004 - 2 - PD-2004-50 Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for conuncnt. · Parks, Recreation & Culture 25 to 30 feet of the Leader Lane road allowance is to be allocated for a pathway access to the neighbourhood park and a bike route. · Municipal Works Thc additional traffic volume generated by the proposed apartment will not have a significant impact on thc level of service operation on Stanton Avenue, Leader Lane nor the adjacent road system. The City should retain the Leader Lane road allowance. The proposed access can bc accommodated by a fight-of-way in favour of the applicant. The applicant shall have a stormwater management report prepared as part of site plan approval as there arc no storm sewers in the Fire Services A single access from Stanton Avenue is not acceptable. Leader Lane is to be upgraded to accommodate vehicular traffic and Fire Department emergency response. Fire Department access to Stanton Avenue should be retained but could be eliminated conditional upon fire access requirements from Leader Lane being addressed satisfactorily. · Regional Planning & Development The proposed apartment will improve the housing mix in the area, provide for affordable housing and represents a more efficient use of urban lands and existing services. Planning Analysis 1. The proposal complies with the Residential policies of the Official Plan. The subject property is designated Residential in the Official Plan. Lands designated Residential are to provide housing in a variety of forms in order that a wide range of dwelling units are June 14, 2004 - 3 - PD-2004-50 available. The proposed four-storey apartment is an infill development which is govemed by a specific policy in the Plan. Infilling is to be designed and integrated with the surrounding lands so that compatibility is achieved. A number of parameters are used to evaluate a development's level of integration and compatibility. · Density. The plan contains a hierarchy of density guidelines for certain types of residential development. Apartments two to three storeys in height can be developed to a density of 50 units/ha. These types of developments should be primarily located on collector or maj or collector roads and generally be integrated within plans of subdivision. The proposed apartment has a density of 45 units/ha. The land's R2 zoning would allow for seven dwelling units: three semi's and one single. Therefore, the density increase is two units. Although Leader Lane is classified as a local road, it functions as a higher order street and is located at the periphery of the residential area. Also, there is a neighbourhood park located adjacent to the subject property. Both provide justification for an increase in density as traffic will be directed fi.om the apartment along Leader Lane and the park provides for additional amenity space for the apartment residents. · Height gradation. The four-storey building is to be constructed with a portion of the first level set below grade and the fourth storey within the roof structure. Because of this the building height is approximately 32 feet, just under the maximum building height permitted (33 feet) under the current R2 zoning of the surrounding residential area. Building mass and arrangement. Given the small footprint of the buildings and low building coverage (about 19%) the massing and arrangement of the buildings should not impact on the surrounding lands. · Setbacks and separation distances. The proposed apartment is set back greater than 55 feet from the adjacent properties. This should provide an adequate separation distance. The four-car garage is set back five feet from the property lines which is similar to a setback for a single detached dwelling or a semi and should be a sufficient separation. Such separation distances afford the opportunity to install adequate fencing and landscaping to buffer and screen the neighbourhood rrm the proposed development. · Open space and landscaping. Sufficient open space and landscaping have been provided for amenity space, screening and buffering and snow storage. 2. The proposed amendment is appropriate. The subject land is zoned R2. The applicant has requested a site specific R4 zone be applied to the land. The R4 zone is designed to regulate apartments. Site specific provisions will ensure the development proceeds as proposed. 3. It is recommended that the applicant obtain a right-of-way over the unopened Leader Lane road allowance. The applicant has also proposed to improve and utilize a portion of the unopened Leader Lane road allowance for driveway access to the property. Staffis recommending that ownership of the road allowance be retained and a right-of-way be granted for the driveway. Ownership June 14, 2004 -4 - PD-2004-50 should be retained as there are underground services within the road allowance and for public access to the neighbourhood park to the north. A pathway currently exists within the Leader Lane road allowance that is used by the residents. Moreover, Leader Lane is identified as a bicycle route on the Trails & Bikeway Master Plan. Approximately 25 to 30 feet is required for the pathway/bike route. The applicant should assist in the upgrading of the pathway as part of the construction of the driveway access to the development. In granting the right-of-way, however, consideration should be given to closing the access to Stanton Avenue. By doing so, all traffic from the development will utilize Leader Lane, at the northern periphery of the residential area, rather than use Stanton Avenue and Ferguson Street which would have traffic flow through the neighbourhood. Fire Services has commented that a single access utilizing Leader Lane is acceptable provided that the access be designed for emergency vehicles and that a fire hydrant be installed on the property. The access issues regarding Stanton Avenue can be addressed at site plan approval. The applicant will have to enter into all necessary agreements for the right-of-way prior to passage of the amending by-law. CONCLUSION: Staff is recommending approval of the requested Zoning By-law amendment for a proposed four-storey apartment because: the proposal complies with the residential policies of the Official Plan; · the nine units proposed are only an increase of two units that could be realized under the current R2 zoning; · building height, setbacks, landscaping and other parameters are sufficient to provide for a compatible integration into the neighbourhood; and the proposed site specific R4 zoning is appropriate. Prepared by: Respectfully submitted: ~,~ John Barnsley <~ John MacDonald Planner 2 Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Appr°v~0~Y:~ ~ T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:~°DRL?.004~PD2004-50, AM-29-04, 4085 Stanton-Elms.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: 4085 Stanton Ave Applicant: Victor Elms ~:NTS AM-29/2004 Adjacent Property Fronting On River Road Closed Section of Leader Lane Adjacent Property Fronting On Hickson Ave O Adjacent Property Fronting On Hick®on Age I!I Adjacent Property Adjacent Fronting On Property Hickson Age Fronting On Terrace Ave Adjacent Property OTree -- B.rrier Fronting on ~ Utility Pole · Fire Itydrant Stanton Age -- Chainlink Fence [] Pillar ~= =o --- Electric Arm Site Plan FII:OlClVED Revision 3.2 A HAY - PLANNING & DI=VELOPMI=NT PETER H HUGHES | 4113 HICKSON AVENUE '.File: NIAGARA FALLS, CANADA L2E 3K1 May 17th, 2004, MR. DOUG DARBYSON DIRECTOR OF PLANNING & DEVELOPMENT THE CITY OF NIAGARA FALLS POST OFFICE BOX 1023 NIAGARA FALLS, CANADA L2E 2L0 Dear Mr. Darbyson: RE: CITY FILE AM-29/2004 Thankyou, for your letter of May 14, 2004. Due to my hours of work, I am unable to make it to City Hall meetings on a regular basis. I appreciate this opportunity to "input" to the subject. With regard to the application, submitted by Mr. V. Elms, he has sent us a good detail of his intentions and purpose. Having had time to consider the matter, allow me to vote in favor of this move and the amending of Zoning By-Law #79-200 in the case of 4085 Stanton Avenue, here in Silvertown. I'm of this frame of mind for the following reasons: -For years, the property was abandoned, a breeding ground for mischief and crime. -Mr. Elms plans to live at this address, indicating that we are not getting a "good line" form someone who could be another one of those "Absentee Landlords." -In his plans, he puts the accent on good enviorns, quiet and security. Finally, I beleive our neighbor could use a little addition, which means more unity in City Hall~ If I may, I wish to refer to another project which is transpiring across from the helaport, at the bottom of Victoria Avenue, at River. This is the new Theme Park. It is my trust that this park is at a far enough distance to not cause disruption to the peace and quiet of our neighborhood. My conserns lie in the area of traffic volumes caused by people looking to park and wandering around with not a clue of where they are: It is my trust you are aware of these conserns. Once again, I thankyou f~your valued time. I remain, // Sincerly you~r~,~ ~~ ~ JUN q ?, PLANNING MEETING ' - RECEIVED PH:ph MAY 2 5 2004 PLANN(N~ NIA A PLANNING AND DEVELOPMENT DEPARTMENT 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 I Planning Fax: (905) 641-5208 ~ E-mail: plan~regional.niagara.on.ca I File: June 2, 2004 File: D.10.M.11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application 4085 Stanton Avenue Victor Elms City of Niagara Falls Your File: AM-29/2004 This application proposes to amend the City's Zoning By-law to permit the construction of a 9- unit apartment building. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Residential in the City's Official Plan. The site is located on the edge of an older residential neighbourhood comprised primarily of single detached dwellings. The proposed apartment building will improve the housing mix in the area and provide the opportunity for more affordable housing choices. Further, the provision of a higher residential density on this site will make more efficient use of these urban lands and existing services as promoted in the Regional Policy Plan and the Provincial Policy Statement. It appears that adequate building setbacks can be maintained and that sufficient space is available to accommodate landscaping. This should enhance the compatibility of this development with adjacent homes. The City should also be satisfied that appropriate measures will be implemented through site plan control. For these reasons, Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Senior Planner '1=1 EC E IV E D C: Councillor W. Smeaton JU~I (] 8 Z00~I M:\MSWORD\PC\N Fzbla\4085 StantonAve.doc PLANNING & DEVELOPMENT Corporate Services Department PD-2004-47 The Cily of Planning & Development Doug Darbyson NiQgorclF ,lslJ l l . 431oQueen Street Director Ccln~~~~ P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ l ~ web site: www.city.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-47, Zoning By-law Amendment Application, AM-21/2004, 5640 & 5700 Stanley Avenue, 5651, 5653 & 5659 Buchanan Avenue Applicant: Carmen Grisafi (TAGC Holdings) Proposed: Rezoning to Permit a 6-Storey, 130-Room Hotel RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit a 6- storey, 130-unit hotel, excluding a dining room, **and further that a 3-foot road widening dedication is negotiated between the applicant and staff.** BACKGROUND: Carmen Grisafi (TAGC Holdings) has requested an amendment to the Zoning By-law for the land known as 5651, 5653, 5659 Buchanan Avenue, 5700 Stanley Avenue and a portion of 5640 Stanley Avenue, as shown on Schedule 1. The amendment is requested to permit the development ora 6- storey, 130-unit hotel as shown on Schedule 2. The lands are zoned Tourist Commemial (TC) in part, site specific Tourist Commemial (TC-221) in part, and Deferred Tourist Commercial (DTC) in part. The zoning of the land is requested to be changed to a site specific TC zone to accommodate the proposed development which is 22 metres (72 feet) in height and excludes a dining room. Surrounding Land Uses The lands front onto Stanley Avenue. To the west and to the north and south, fronting onto Stanley Avenue there are mainly commercial and tourist commercial uses. To the east, and to the north and south fronting onto Buchanan Avenue (on lands zoned Deferred Tourist Commercial), there are mainly single detached residential uses. Working Together to Serve Our Community Clerks Finance · Human Resoumes Information Systems Legal · Planning & Development June 14, 2004 -2 - PD-2004-47 Circulation Comments · Regional Municipality of Niagara - Recommends adequate landscaping along streetscapes. A 10-foot road widening is required along Stanley Avenue. Given the previous use ora gas station at the corner of Stanley and Forsythc, the applicant is to demonstrate that the site has been remediated in accordance with provincial guidelines. A record of site condition acknowledged by the Ministry of the Environment is to be submitted for this purpose. · Municipal Works A 2.49 metre (8'2") road widening dedication is required on Forsythe Street adjacent to the property. A 0.9 metre (3 foot) road widening dedication is required on Buchanan Avenue, adjacent to the property. A 7.5 metre by 7.5 metre (25 ft. by 25 ft.) daylight triangle is required at the comer of Stanley Avenue and Forsythe Avenue. There are adequate underground services for the development. Developmem charges are applicable. · Ministry of Transportation A Building and Land Use permit will be required from the Ministry. Planning Review The following is a summary of staffs assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The lands are designated Tourist Commercial in the Official Plan. This area is part of the Clifton Hill subdistrict. A wide range of commercial and entertainment uses, including hotels, is permitted in this subdistrict. The policies provide for a transition of tourist commercial uses to non-commercial land uses in this subdistrict and the concentration of tourist uses along the main tourist streets. The Official Plan allows for hotels up to 12 storeys in height in this area subject to a set of built form guidelines. These guidelines require development to be set back from all property lines above the fourth floor, thereby achieving a reduction in mass above the podium. The podium is encouraged to be brought to the front property line. A roof feature and cornicing at the fourth floor level is also to be introduced. These guidelines help to mitigate impacts on city streets and abutting properties, provide a separation between buildings and provide a distinct element to the City's skyline. June 14, 2004 - 3 - PD-2004.47 This application conforms to the above noted Official Plan policies and applicable design guidelines as follows: The height of six storeys, below that permitted for this tourist area, will help to provide a transition to the nearby residential uses. The site fronts onto a major tourist street and will provide an attractive development near a gateway to the City. The hotel will have significant setbacks above the fourth floor from Stanley Avenue, the side lot lines, and in particular the rear lot lines, meeting the general intent of the design guidelines. · The width of the hotel is within the maximum 60 metre dimension established in the above noted guidelines. · Although the podium is not brought out to the from lot line, a canopy is brought out and generous landscaping provided, giving a street presence for this hotel. · An attractive roof feature is being provided. A mater/al change and a design element similar to a cornice above the fourth floor would assist in meeting the intent of a reduction in mass above the fourth floor and defining the podium and tower sections. Given that a portion of the site was once used as a gas station, the Official Plan requires that environmental studies be undertaken to the satisfaction of the City and the Province and the site be decontaminated, if necessary. The applicant has provided studies to the Region and the City that appear to indicate the existing site conditions. To complete the Provincial environmental requirements, the Region has requested a Record of Site Condition be completed and acknowledged by the Ministry of the Environment. This should be completed prior to adoption of the amending by-law. 2. The proposed zoning amendment is appropriate. The portion of the land fronting onto Stanley Avenue is zoned TC while most of the site fronting onto Buchanan Avenue is zoned DTC. A site specific TC zone (TC-221) applies to a portion of the land and allows for the development of a 3-storey motel. Site specific zoning regulations are being sought to permit the 6-storey hotel. The amending by-law will include provisions for building height, a roof feature, setbacks and landscaping to regulate the development in the context of the Official Plan and design guidelines and to harmonize the development with surrounding areas. Landscaping strips should be increased to 1.5 metres (5 feet) in width abutting the residential properties on Buchanan Avenue to provide room for plantings. I I I I June 14, 2004 - 4 - PD-2004-.47 The applicant has also requested a site specific amendment to the definition of a hotel within the Zoning By-law to exclude the required dining room. The hotel will be part of a franchise chain (Motel 6) that usually does not include dining facilities in their hotels or motels. As this recognizes an existing trend with these more basic hotels, staff has no objections to amending the hotel definition. It should be noted that this is similar to recent approvals granted by Council for Microtel at 5046 Centre Street and the Best Western Fallsview on Fallsview Boulevard. 3. The applicant will be required to enter into a section 37 agreement as part of the site plan agreement to guarantee streetseaping. A section 37 agreement is required for all development above four storeys. The agreement will contain requirements for the streetscaping of Stanley Avenue. These requirements will include sidewalks as required, boulevard work, trees and street furniture. CONCLUSION: This application can be supported for the following reasons: · The proposed height of six storeys is within the height strategy for the area. · The provision of ample setbacks and a roof feature is in keeping with the design criteria for high-rise buildings and will provide for a quality of development along an important entrance corridor. · The provision of setbacks and landscaping will help to mitigate impacts on the abutting residential areas. · Streetscaping will be guaranteed through a section 37 agreement. Completion of a Record of Site Condition will meet Provincial environmental conditions. · There are no concems with excluding a dining room from this development. ~ y,~ ~t~lyq~d: Andrew Bryce' /. /r }lohn MacDonald / [//Chief Administrative Officer Planner 2 Recommended by: Director of Planning & Development T. Ravenda Executive Director of Corporate Services AB:pb Attach. SSPDRX2004\PD2004-47, proposed 6-Storey 130-Room Hotel, AM-21-04.wpd SCHEDULE 1 LOCATION MAP Subject Land FoRSYTHE ST Amending Zoning By-law No. 79-200 Location: 5640 and 5700 Stanley Avenue 5651, 5653 and 5659 Buchanan Avenue Applicant: Carmen Grisafi c/o TAGC Holdings I:NTS AM-21/2004 SCHEDULE 2 LINCOLN AVENUE .ow FORSYTHE STREET Wednesday, June 09, 2004 Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, ON L2E-6X5 RE: File Am-21/2004 Dear sirs: We are writing in response to a notice of public meeting concerning the above noted file. As residents of Buchanan Avenue for the past 40 years we are concerned with the new developments in our area. As residents and senior citizens we are concerned about a variety of issues that will have an impact on our neighbourhood: · Increased noise from a six story commercial building in our backyard, · The increased traffic flow on our street, · Fumes and exhaust from buses, · Overflow parking which is surely to spill out onto our front yards, · Lack of current maintenance of the lands to be developed, (if the owners are not looking after their existing property, why will they care what happens to ours should such a development gain approval), · Decrease in our property values. A zoning amendment of this nature is all too familiar in Niagara Falls of late. The approval of these types of applications causes what we believe to be a great injustice. Tourism developers gain approvals for mixed neighbourhood developments like these and the business people move on at the expense of the residential land owners. I bring to your attention the recent counsel consideration of the noise complaints from patio operations in the Stanley and Ferry Street areas. This current situation is only two blocks form our home. With this additional development in close proximity, I do JUN 1 PLANNING ~EETfNG not see how our homes, neighbourhoods and property values will not be forever lost, or at least moving quickly in that direction. To add insult to injury one of our residents was offered the amount of $80,000, by the applicant to sell their property and relocate. This sum would not provide a resident with sufficient funds to purchase another building lot and a tent let alone a home in another part of our city. This is indicative of the one sidedness of this and other like proposals. We, as long time citizens of Niagara Falls and senior citizens at that, request that this application to rezone to a site specific tourist commercial zoning not be approved. Yours truly Vito & Maria Tassone Biagio and Raffaela Tassone Maria Catanzaro NIA A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 $chm0n Parkway, P.O. Box 1042 ,, Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regionaLniagara.on.ca May 31,2004 File: D.10.M.11.23 Doug Darbyson, MClP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application Northeast Corner of Stanley Avenue (Regional Road 102) and Forsythe Street TAGC Holdings City of Niagara Falls Your File: AM-21/2004 This application proposes to amend the City's Zoning By-law to permit the construction of a 6-storey, 130 unit hotel. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Tourist Commercial in the City's Official Plan. More specifically, the site is located in the Central Tourist District within the Clifton Hill Subdistrict. This is intended to be the focal point for a broad range of commercial and entertainment uses. The property fronts on two local roads and an arterial road. The City should ensure that adequate landscaping is provided to enhance these streetscapes, particularly on Stanley Avenue which serves as a gateway into the heart of the tourist area. A road widening is proposed on Stanley Avenue (Regional Road 102). Comments from the Regional Public Works Department are being finalized and will be forwarded in the near future to address the adequacy of the proposed widening and any other servicing, traffic or access requirements. The previous use of this site was for a gas bar and car wash. The applicant should demonstrate that underground gasoline storage tanks have been removed and that the site has been remediated in accordance with the Ministry of the Environment's "Guideline for Use at Contaminated Sites in Ontario". A Record of Site Condition acknowledged by the Ministry of the Environment should be submitted to the Regional Planning and Development Department and to the City for this purpose. jun RECEIVED .... -JUN 0 3 PLANNIN(~ 2 In conclusion, Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective provided that any requirements of the Regional Public Works Department are met and a copy of a Record of Site Condition acknowledged by the Ministry of the Environment is submitted to the Regional Planning and Development Department and the City to confirm that the site has been remediated in accordance with the Ministry's "Guideline for Use at Contaminated Sites in Ontario". Please send notice of City Council's decision on this application. Yours truly, Peter Colo'~imo, MCIP, RPP Senior Planner C: Councillor W. Smeaton W. Stevens, Regional Public Works B. Ryter, Ministry of the Environment, Hamilton M:\MSWORD\PC~N Fzbla\B uchananStanley Grisafl.doc Corporate Services Department PD-2004-25 · Jl.~ Planning & Development Doug Darbyson The CiIy of4 4310 Queen Street Director Niagara FallsJJ~_~lll, P.O. Box 1023 Canada ,,~-~.- Niagara Falls, ON L2E 6X5 J~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning(~city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-25, Zoning By-law Amendment Application AM-09/2004, 6177 MeLeod Road Applicant: Disante Management Inc. Agent: DL Enterprises (l)onato Colangelo) Proposed Triplex Dwelling RECOMMENDATION: It is recommended that Council approve the requested Zoning By-law amendment application to construct a triplex dwelling at 6177 McLeod Road. BACKGROUND: Disante Management Inc., through its agent DL Enterprises (Donato Colangelo) has requested an amendment for the land known as 6177 McLeod Road, as shown on Schedule 1. The amendment is requested to permit the construction of a triplex dwelling. Details are shown on Schedule 2. The applicant had previously proposed a four-unit apartment but requested that the matter be deferred by Council in order to allow for a revised design. The land is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4). The applicant is requesting a zone change to a site specific Residential Mixed (R3) zone. Reductions to lot area, frontage and interior side yard setback provisions are also requested. Site Description and Surrounding Land Uses 6177 McLeod Road is currently vacant. It was previously occupied by a 1 ½-storey single detached dwelling, a garage and a small accessory building which were recently demolished. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal · Planning & Development June 14, 2004 - 2 - PD-2004-25 The land surrounding the subject property is used for both residential and commercial purposes. A two-storey townhouse complex abuts the subject property to the north, east and west. Further to the north are single detached dwellings. The lands eastwards along the north side of McLeod Road to Alex Avenue have single detached dwellings, an apartment, dental office and vacant lands zoned for multiple-unit residential development. Further to the west and south are commercial uses including restaurants, service stations, convenience retail and offices. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. · Municipal Works No objections. · Niagara Regional Housing The boundary fence is owned by Niagara (owner of 6165 McLeod Road RegionalHousingandistobemaintained townhouses) in its present condition. That the townhouse parking lot cannot be used for tenant or visitor parking. That all drainage be retained on-site. Planning Analysis 1. The subject parcel is a remnant of a large parcel slated for multiple residential development. The subject land is zoned R4 together with the surrounding townhouse development. The R4 zone permits the development of low-rise apartments or townhouses. The intent of the R4 zoning in this instance was to allow for all of the lands to develop as one project. The subject property is a remnant, left over from previous development activity. 2. The proposal satisfies the Residential policies of the Official Plan. The subject property is designated Residential in the Official Plan. Lands designated Residential are to provide housing in a variety of forms in order that a wide range of dwelling units are available. The proposed triplex is an infill development which is governed a specific policy in the Plan. Infilling is to be designed and integrated with the surrounding lands so that compatibility is achieved. A number of parameters are used to evaluate a development's level of integration and compatibility. Density. The Plan contains a hierarchy of density guidelines for certain types of residential development. Small apartments 2 to 3 storeys in height, including triplexes, can be developed to a density of 50 units/ha. These types of development are to be located primarily on collector or mai or collector roads and integrated within June 14, 2004 - 3 - PD-2004-25 plans of subdivision. Such a density is also currently permitted under the property's R4 zoning. A previous proposal for a 4-unit apartment under the R4 zone was submitted with a density of 80 units/ha. Staff negotiated with the applicant to reduce the number of units to three to better fit the site and to attain a more reasonable density. The proposed triplex has a density of 60 units/ha. Although this density is in excess of the Plan's criteria for small apartments, the Plan does permit higher densities when the development sites are in close proximity to Minor Commercial nodes, such as Drummond and McLeod, and have access to an arterial road. Moreover, at a density of 60 traits/ha the density of the proposal is within the range of densities, 38 to 75 units/ha, of the existing and approved multi-residential developments located on the north side of McLeod Road, east of Drummond Road. · Height gradation. The proposed 3-storey triplex is slightly higher than the abutting townhouse development but is well separated and should therefore not impact on the townhouse property. · Building mass and arrangement. The massing and location of the proposed apartment will not impact on the surrounding lands. · Setbacks and separation distances. The application requests a reduction in the westerly side yard setback fi.om 3 metres to 1.8 metres. The reduction is not significant as the proposal abuts a townhouse development. · Open space and landscaping. Sufficient open space and landscaping has been provided for amenity space, snow storage and aesthetics. 3. The proposed amendment is appropriate. The subject property is zoned R4. The applicant has requested a site specific R3 zone with relief being required from the zone requirements for interior side yard width. A site specific R3 zone is appropriate for the development as it permits a triplex and the amending by-law will be tailored for the proposal. It should be noted that sufficient parking exists on-site for the development. Other issues regarding fencing and drainage will be addressed through the site plan agreement. CONCLUSION: Staff is recommending approval of the requested Zoning By-law amendment for a proposed triplex dwelling because: · the proposal satisfies the Residential policies of the Official Plan; the density is in keeping with the criteria that is prescribed by the Official Plan for development sites in close proximity to Minor Commercial nodes and is within the range of densities of the surrounding existing and proposed residential developments; June 14, 2004 -4 - PD-2004-25 · building height, setbacks and landscaping are such that impacts on the surrounding townhouse development should be minimal; and · the requested amendment is appropriate. Prepared by: Respectfully submitted: John Bamsley ~ John MacDonald Planner 2 Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:~PDR~2004~PD2004-25, AM-09-04, Disante-6177 McLeod Rd.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: 6177 McLeod Road Applicant: Disante Management Inc. AM-09/2004 ,:NTs Corporate Services Department PD-2004-54 Planning & Development Doug Darbyson a~l~ , 4310 Queen Street Director The City Of Niogoro Niagara Falls, ON L2E 6×5 CoRQdQJ~~' web site: www.city.niagarafalls.on.ca ~-! ~ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-54, Regional Policy Plan Amendment 187, "A Itealthy Landscape ~ Itealthy Communities, Proposed New Environmental Policies for Niagara" RECOMMENDATION: It is recommended that: 1) Council forward this report to the Regional Planning Department as preliminary comments for their consideration; 2) The Region be advised the City will provide a formal response once information and clarification has been provided on the matters raised in the report. Executive Summary This executive summary has been included herein to highlight for Council the contents of this detailed staff report on a significant Regional Policy Amendment (ROP #187) to establish updated and comprehensive environmental policies in keeping with Provincial Policy Statements. Highlights · Local municipalities have been invited to review and comment on the proposed amendment. · Proposed policies and designations which take an ecosystem approach are based largely on the Ministry of Natural Resources Natural Heritage Reference Manual. · This staff report identifies a number of issues with the proposed amendment that requires clarification, namely: The method by which the Regional Amendment will be implemented in the local Official Plan. IVorking Together to Serve Our Community Clerks · Finance Human Resources Information Systems Legal · Planning & Development June 14, 2004 - 2 - PD-2004-54 Further explanation of the rationale for the criteria used to identify significant natural areas. The appropriateness of Regional mapping, identifying as Environmental Conservation Areas where wooded sites have been removed, site specific development approvals obtained or where the quality of the woodlot may need to be reviewed. · The proposed amendment would impact the City's environmental planning program in the following ways: it provides significant protection to natural features based on a ecosystem approach. development opportunities of the public and private sector, particularly in the urban area would be impacted. municipalities would not appear to have the opportunity to develop their own criteria such as forest cover to identify significant natural features. BACKGROUND: A copy of Regional Policy Plan Amendment # 187 - "Proposed New Environmental Policies for Niagara" has been cimulated to the City for review and comment. Planning staff has reviewed Amendment #187 with respect to: the written policies and their impact on the City's environmental policies, both current and proposed; the specific natural areas identified within the boundaries of Niagara Falls on the Amendment's accompanying Draft Natural Heritage Map; and the resulting implementation considerations. The purpose of this report is to provide Council with a summary of the staff review. Three Regional public meetings have been held in Fort Erie, Grimsby and the Regional Offices for public input - one of which was attended by Planning staff. These comments, along with input from other municipalities and the public, will be considered by the Region before final approval of an amendment. Regional Planning staff also made a presentation on their Proposed Amendment # 187 to the City's Environmental Planning and Greening Committee. Purpose of the Amendment The purpose of Regional Amendment #187 is to bring the Region's environmental polices in line with the Natural Heritage Policies Section of the Provincial Policy Statement. The current policies predate the Provincial Guidelines and are out of date, lagging behind the environmental policies of most other Regional Plans in Ontario. Through this amendment, the Region has taken an Ecosystems approach which takes into consideration the interrelationships of the different components of the natural environment such as air, land, water, plant and animal life with the aim of achieving more sustainable development. The new policies are also aimed at addressing a key Smart Growth goal of achieving a healthy environment and planned development balancing the need for growth with the need to protect our natural heritage features. June 14, 2004 - 3 - PD-2004-54 The Ecosystems Approach The policies of Amendment #187 are based on five important themes: · Ecosystem Health and Quality of Life - ensuring that ecosystems remain healthy, resilient and self-sustaining over the long term while also meeting human needs; An ounce of prevention - emphasizing better up-front planning to avoid problems; · Environmental Protection Plus Enhancement - protecting the existing environment while supporting environmental restoration to correct problems inherited from the past; · Stewardship plus Regulation - combining support for stewardship activities of landowners and community groups with regulations to ensure that ecosystem health is maintained; · Thinking Globally, ButActing Locally - addressing the cumulative effects of individual actions, at levels ranging from the local neighbourhood to the planet as a whole. Details of the Amendment Amendment # 187 is divided into three sections: A Healthy Landscape; the Natural Heritage System; and Implementation Measures. Briefly, these sections address the following: Healthy Landscape The policies within this section give general guidance to the environmental components of water resources, air quality & climate change, natural communities, land resources (e.g., geological features; soils), shorelines and natural hazards. The policies encourage the examination of the interrelationships between these components through an Integrated Environmental Planning approach. The Integrated approach is basically a comprehensive review of the different environmental studies required for different levels of development such as: a watershed study at a broad regional level; environmental planning studies to provide more detailed guidance for smaller areas; and integrated environmental review of significant development applications (like subdivisions or golf courses) at the site specific level. The aim &the Integrated approach is to ensure that these studies and their recommendations work in unison and not as separate entities. The Natural Heritage System The Natural Heritage System policies refer to the designations of "Core Natural Areas", "Natural Heritage Corridors" and "Fish Habitat" as shown on the Natural Heritage Map attached as Appendix 1. The Core Natural Areas consist of two new land designations and the uses permitted within them. The first designation is "Environmental Protection Area (EPA)" which includes Provincially Significant Wetlands and Life Science ANSIs~, and significant portions of habitat for endangered or threatened species as identified by the Ministry of Natural Resources or Environment Canada. No development or site alteration is permitted within these areas. The second designation is "Environmental Conservation Area (ECA)" which includes: significant woodlands and wildlife habitat, regionally significant ANSIs, other wetlands, valleylands, shorelines, publicly owned conservation lands and Carolinian Canada sites. Development or site alteration may be permitted on lands designated ECA provided that there will be no significant negative impact on features and functions as confirmed through an Environmental Impact Study. ~ANSI - Area of Natural or Scientific Interest June 14, 2004 - 4 - PD-2004-54 Natural Heritage Corridors are undefined connections, whether existing or possibly capable of being rehabilitated, that provide a natural corridor for wildlife movement (plant or animal) between significant environmental areas. These corridors may follow stream corridors, shorelines, woodlands and even hydro or rail corridors. Fish Habitat Areas are identified by the Department of Fisheries and Oceans or their designate (MNR or Conservation Authority) as waterways that have, or are capable of providing, spawning or feeding grounds for fish. A vegetated buffer zone along the fish habitat is required in order to control such things as silting, water quality and temperature. Generally, the permitted uses within these three designations are conservation uses, however, the policy does make allowances for existing uses and existing lots of record. Regional Implementation Amendment # 187 supports the implementation of their environmental policies through land use controls such as the planning approval process and other regulations; education and ongoing monitoring through an environmental database. Specifically, the policies: · encourage private stewardship and protection of natural heritage features; · encourage Provincial and Federal financial incentives to preservation; · outline municipal land use controls such as plans of subdivision and site plan control to regulate environmental policies and other planning tools such as densitybonuses, transfer of development rights, land acquisition or exchange, holding provisions or site alteration by-laws; · note the Region's intent to maintain an Ecological and Environmental Advisory Committee and, in parmership with the Niagara Peninsula Conservation Authority, to develop a common environmental data base and monitoring program General Comments The Ministry of Natural Resources has prepared a guide for the creation of natural heritage policies relative to Section 2.3 - Natural Heritage of the Provincial Policy Statement (PPS). The Natural Heritage Reference Manual provides technical information regarding the identification and protection of significant natural features in Ontario. The Region has used this technical guide in preparing the policies contained in Amendment #187. This information will also be used in the City's review of its own environmental policies currently underway. The majority of Regional Municipalities in Ontario have already implemented Environmental Policies under the Provincial Policy Statement. The policies range in approaches from a basic level (the minimum requirements of the PPS) to those which exceed and expand on the minimum requirements (enhanced policies) and in some cases provide policies for the rehabilitation of natural areas (pathfinder policies). According to a 1999 Province-wide review of natural heritage policies (WWF-Canada), the vast majority of Regional Plans established enhanced or pathfinder policies. The policies contained in Amendment #187 generally follow the "enhanced" policy approach to natural heritage. Several local municipalities such as Fort Erie and Port Colborne are taking a more proactive approach to protecting natural heritage features by developing their own environmental policies in advance of Amendment #187. June 14, 2004 -~'~; ..... ~ PD-2004-54 Planning Comments - Municipal Perspective Natural Features Identified The City of Niagara Falls has significant areas of wetlands and woodlots, some within the City's Urban Area Boundary. The proposed environmental policies in Amendment #187 could therefore have a significant impact on the protection of natural features within the Municipality, as well as the opportunities for and methods of development on both private and public sector lands where these features exist. For example, a large portion of the City's business park is proposed to be designated as Environmental Conservation Area. Schedule A to the Niagara Falls Official Plan has been attached as Appendix 2 to illustrate the possible extent of change proposed through the draft Natural Heritage Map (Appendix 1). Implementation Amendment # 187 does not indicate how the Region envisions the implementation of these new policies at the local level. It should be clarified whether municipalities will be required to designate and zone identified features for protection or have other policy and zoning options to achieve similar objectives. Methods of implementation will be important with respect to both the protection of important natural features and impact on the development sector. Clarification of Criteria and Local Flexibility The parameters within which local municipalities are left to develop their own designating criteria when prepanng or updating environmental policies should also be outlined. It should be clear whether or not the criteria used by the Region for designating significant woodlands or wildlife habitat (which, according to the Ministry of Natural Resources Guidelines, is the responsibility of the planning authorities) will be the same criteria local municipalities are expected to use when analysing their natural The Region has chosen a list of 10 criteria which define a significant woodlot: size, interior habitat, old growth, rare species, Carolinian Forests, evaluated wetlands, life science ANSIs, environmentally sensitive areas, wildlife habitat and hydrological significance. More detailed information on the rationale used to set the criteria used in Amendment #187 would assist staff in assessing the local applicability of this criterion. One example would be the size criteria of two hectares which has been applied to identify a significant woodland area inside of the urban area boundary for all Regional Municipalities. For Niagara Falls, this figure would differ from the guidelines suggested by the Ministry of Natural Resources (i.e., it would be four hectares based on the amount of existing forest cover only). The rationale on the selection ofwoodlot size criteria used outside of the urban area boundary also needs to be clarified and reviewed, especially where it may have an impact on ongoing land use studies such as the Willoughby Land Use Study. Since percent of forest coverages vary for the different municipalities in the Region, selecting significant woodlands based on this criteria may perhaps be better defined at the local level. However, Planning staffwould like the opportunity to review this, as well as the other specific criteria used by the Region, prior to offering an opinion on the land classifications proposed in Amendment # 187. This information has recently been supplied by Regional staff and will be evaluated in comparison with the criteria currently being drafted for the City's environmental policy review. June 14, 2004 - 6 - PD-2004-54 Requested Technical Clarifications Amendment #187 has included thc provision for possible development in proposed Environmental Conservation areas where an Environmental Impact Study has been submitted that demonstrates there will be no significant negative impact on the feature or its function. Although a "significant negative impact" has been defined in the text of thc amendment, its applicability to specific criteria may still need to be further defined for the benefit of staff, the public or developers. For example, in the case ora two hectare woodlot in the urban area boundary, what percentage of clearing can be considered when the woodlot has been assessed as being significant based only on a size criteria? Should the policies in Amendment #187 proceed as proposed, a technical manual to accompany the policies may be of assistance when reviewing the Natural Heritage Map on a site specific level. The written policies refer to the types of features contained within the ECA and EPA classifications, but the attached mapping does not identify the specific feature applying to a particular lot. It is not outlined anywhere within the amendment; for example, whether a property shown as "EPA" contains a Provincially Significant Wetland or an Earth Science ANSI. This may be important where the protection of the feature is being analysed for land use, adjacent land requirements or natural feature protection. The Natural Heritage System policies in Amendment #187 include policies regarding Natural Heritage Corridors. These are areas that link core natural areas such as significant woodlots and waterways. These policies require that development should be designed, located and constructed to maintain or, if possible, enhance the functions of the corridors. The corridors are loosely referred to on the Natural Heritage Map and the policies note that a study to further define the corridors and their functions shall be undertaken by the Region. The manner in which local municipalities and the general public are to consider the yet undefined corridors should be further detailed. Specific Comments City Planning staff met with Regional Planning staff to discuss Amendment # 187 prior to thc preparation of this report. A number of questions regarding the intent or wording of specific policies were presented. A list of the specific issues discussed are attached as Appendix 3. Mapping In preparing the draft Natural Heritage Map, the Region-based woodlot configurations on mapping prepared in conjunction with the Niagara Peninsula Conservation Authority using aerial photos. Individual site assessments of each woodlot across the Region could not be conducted. Consequently, Planning staff has reviewed the Natural Heritage Map to update the Region on individual sites that may have changed status (e.g., loss of trees), are subject to site specific amendments under the City's planning documents, or where thc quality of the woodlot may need to be reviewed. The mapping review is technical in nature and information gathered will be forwarded directly to Regional staff for consideration. CONCLUSION: Regional Plaiming staff has presented a comprehensive policy through Amendment #187 which takes a commendable 'ecosystem' approach to our natural heritage areas. Clean air, land, water and an abundance of green natural spaces are basic components of a healthy, livable community and these policies are an important step in that direction. June 14, 2004 2~:-~_ ~ PD-2004-54 However, confirmation regarding the expected implementation of Amendment # 187 at thc local level, and an opportunity to review specific criteria used to identify significant woodlot areas and the rationale for that identification, is required by Planning staff to properly analyse this important policy. Prep ~~ I~'~~/x Respectfully submitted: ~~ Dave Heyworth ~'y~- John MacDonald Manager of Policy Planning ~ ~ Chief Administrative Officer Francesca Berardi Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services FB:pb Attach. S :~P D R~2004hu D2004-54, Reg. Policy Plan Amend 187.wpd Appencl~x I Natural Heritage Map Legend This map represents an excerpt ~tura~ Ha~ita9o Corridors of the Natural Heritage Map produced by the Niagara Region ~= =~j (print date October 8, 2003). egare River New York State Appendix 2 Niagara Falls SCHEDULE A ~o ~he OFFiOIAL P~N FUTURE LAND U~E REVISIONS OPA # 1 DEF#8 DEE # 10 OPA#2 OPA # 209 OPA#3 DEF#7 OPA#4 OPA#7 OPA# 10 DEF#6 OPA # 12 OPA# 11 OPA# 16 OPA#6 OPA#9 QPA# 18 OPA# 14 OPA # 21 OPA # 23 OPA # 20 Appendix 3 Planning Staff Review of Regional Official Plan Amendment #187 - New Environmental Policies - Healthy Landscape Policies Policy 7.A.'1.2 Regional Niagara may require that a stormwater management plan and a sediment and erosion control ~ plan be submitted and signed by a qualified engineer with an application for an individual site-specific Idevelopment proposal after considering: 11) The scale and nature of the development proposal; 2) Site-specific environmental conditions; and 3) The availability of previous technical studies providing the technical information needed to assess the proposal. The stormwater management plan shall be in accordance with the Stormwater Management Planning and Design Manual issued by the Ministry of the Environment as amended from time to time and, where I watershed and/or environmental planning studies encompassing the site have been approved by I Regional Council, shall be prepared in accordance with the recommendations and guidelines contained in those studies. Issue(s): What will the Region consider to be the status of existing Stormwater Management Pans that have not been formally approved by Regional Council (e.g. Warren Creek Watershed Master Plan)? How can a stormwater management plan requirement be enforced where lands are not covere~ by site plan control? Policy 7.A.1.6 Regional Niagara shall review, develop and adopt new private servicing guidelines for development outside Urban Areas. Until new guidelines are adopted Regional Niagara shall ensure that services for newly created lots meets the following minimum requirements: 1) Where there is a minimum lot frontage of 45 metres the lot must contain a minimum of 0.4 hectares of useable land; 2) Where the frontage of the proposed lot is less than 45metres the lot area required shall be based on the characteristics of the site and surrounding area but shall not be less than 0.4 hectares; 3) A maximum lot coverage of 15%. If raised tile beds are needed a greater lot size may be required. Where a planning application proposes a major non-residential use, the creation of 2 or more adjacent residential lots, or the creation of a single new residential lot within an existing development cluster, a servicing report may be required to confirm the suitability of the site for private servicing. Where a proposed development involves 6 or more residential lots a plan of subdivision may be required and the servicing requirements shall be determined based on a servicing study prepared and signed by a qualified engineer and submitted with the development application. Issue(s): Why does subsection a) require 0.4ha of usable land for lots with a minimum of 45m frontage while subsection b) only requires a lot area of 0.4ha for lots with less than 45m frontage and makes no reference to "usable land"? Policy 7.A.3,1 The Region shall support efforts to achieve the following targets adopted by the Niagara River Remedial Action Plan (RAP) to restore the Niagara River ecosystem and maintain and improve wildlife habitat: 1) 30% of the land area in the Region in forest cover or wetland, including a minimum of 10% of each subwatershed in wetland;and 2) A 30 metre wide naturally vegetated buffer along 70% of the length of the first to third order streams. Issue(s): This policy offers support for the Plan b,ut there is not a refer, e, nce to implementation. This was brought up only in question of what may De expected from the Municipalities within the RAP area, Policy 7.A.3.7 Where significant development or site alteration is proposed Regional Niagara may require that a Tree Saving Plan be prepared to its satisfaction. The Tree Saving Plan, prepared and signed by a qualified individual, shall: 1 ) Assess the quality and functions of wooded and treed areas on the site, including hedgerows; and 2) Recommend which trees should be retained, what new plantings are needed, and measures to ensure that vegetation will remain healthy following development. Issue(s): · What will be considered a significant development or site alteration. Will this be needed if an Environmental Impact Study has been conducted. Policy 7.A.3.8 Local municipalities shall be encouraged to: 1) Consider adoption of local by-laws protecting significant trees and woodlands not covered by the Regional Tree Conservation By-law; 2) Require preparation and implementation of Tree Saving Plans for new development; 3) Establish tree planting programs on municipal lands, using native species wherever possible, to ensure that replacement trees are in place before defective or diseased trees have to be removed; and 4) Conserve hedgerows, windbreaks and other natural features and integrate them into the urban landscape, Issue(s): Staff was confused regarding the requirement for both a Municipal and Regional Tree Savings Plan. In response Regional Staff explained that the policy was intended to suggest that the Municipality consider a tree saving by-law (and therefore a tree savings plan) as an extension to the Regional Tree By-law, not a duplication of it. Wording was to be reviewed. Policy 7.A. 6.4 Valleylands subject to these policies shall be identified by the Niagara Peninsula Conservation Authority in consultation with Regional Niagara and the local municipalities in which the valleylands are located. These va ey ands are to be dentified and mapped in local Official Plans and Zoning By-laws. Issue(s): The valleylands are not yet defined - mostly defined through geo-technical reports. The Conservation Authority is in the process of mapping valleylands. Policy 7.A.6.7 Local Official Plans and Zoning By-Laws should include maps showing the location and extent of Hazard lands within the Regulatory Shoreline as determined by the Niagara Peninsula Conservation Authority. & Policy 7.A,6.8 Development and site alteration shall not be permitted: a) Within the Regulatory Flood Standard along the Niagara River. Issue(s): Where is the Regulatory Flood Standard defined? It was suggested by Regional Staff that this may be in policy format only by the Niagara Peninsula Conservation Authority. Policy 7.A.7.5 Where a major land use change is proposed, such as a major expansion to an Urban Area Boundary the adoption of a Secondary Plan or Neighbourhood Plan for an undeveloped area within the Urban Areas Boundaries, or a large-scale redesignation of land from Agricultural to Rural, an environmental planning study shall be prepared and shall be addressed in the proposal. The environmental planning study shall be prepared under the joint direction of the Region, the affected local municipalities and the Niagara Peninsula Conservation Authority in partnership with other public and private interests including landowners, community groups and public agencies and, where appropriate, adjoining municipalities. Such a study should provide more detailed environmental information and guidance tailored to local conditions, including: 1) A more detailed inventory and assessment of ecological features and functions within and affecting the study area; 2) Identification of environmental goals and objectives; 3) A recommended environmental management strategy to maintain, enhance and restore ecological health and integrity within the study area; 4) A development plan, development guidelines and other measures to maintain or enhance the natural environment and to integrate the natural features and charactadstics of the study area into its future development. The development plan shall identify areas where development may take place as well as environmental features and functions that are to be maintained, enhanced or restored; 5) Recommended amendments needed to Regional and local planning documents; and 6) A monitoring plan to assess how well environmental objectives are being met as the area develops. Policy 7.A.7.6 Each watershed study and environmental planning study shall include a water budget and water conservation plan. Issue(s): · Would this apply to planning studies currently underway such as Niagara Falls Willoughby Policies? Policy 7.A.7.8 An Integrated Environmental Review (lEE) shall be submitted with site-specific applications involving significant development or site alteration where two or more specialized environmental studies, such as Environmental Impact Studies, stormwater management plans or groundwater studies are to be submitted. It will draw together, summarize and analyze the results from these more specialized environmental studies. The IER will examine the linkages and interrela!,ionships between these studies and provide a comprehensive, integrated assessment of the proposal s environmental impacts. It will recommend measures to minimize or avoid adverse impacts and, where appropriate, measures to enhance or restore ecological features and functions. The planning application will demonstrate how it has addressed the Review's recommendations. Issue(s): · How will this work logistically - who does the IER (who would be qualified - environmental planner, watershed engineer, etc.); will it hold up the application, who approves, will it address off-site impacts... Natural Heritage Policies Policy 7.B.2 The predominant uses of land within Core Natural Areas and Natural Heritage Corridors shall be for conservation purposes. Compatible uses include the following, provided that they have no negative impact on the natural features or ecological functions of the Natural Heritage System: 1 ) Fish, wildlife and forest management; 2) Passive recreation uses; and 3) Scientific or educational study of the natural heritage system or its components. Where such uses are proposed, the proponent may be required to prepare an Environmental Impact Study (ELS) to the satisfaction of the Region in accordance with Policies 7.C.9 to 7.C.12 of this Plan. & Policy 7.B.5 Provided that proposed development or site alteration is not prohibited by other Policies in this Plan it may be permitted: 1) In Environmental Conservation Areas; and 2) On adjacent lands to Environmental Protection Areas and Environmental Conservation Areas as specified in Table 1 if it has been demonstrated that there shall be no significant negative impact on the natural features or ecological functions of the Natural Heritage System component or of the Natural Heritage System. The proponent shall be required to prepare an Environmental Impact Study (ELS) to the satisfaction of the Region in accordance with Policies 7.C.9 to 7.C.12. Issue(s): · Policy 7.B.2 lists conservation uses as the predominant use of lands in these designations and Policy 7.B.5 allows uses that are not prohibited by other policies in the Plan. We found the wording of these policies confusing although it was explained by Regional Planning staff that Policy 7.B.2 is to be interpreted as general guidance and not prohibitive and that the current designation policies are to be interpreted as an underlying layer to the environmental policies. This leads to the question raised previously of what is to be the status of these new policies: are they designations or reference and how is the local Municipality expected to implement them. · How can you develop within and not have a negative function; what parameters would be significant for each criteria. Policy 7.B.4 Development and site alteration shall not be permitted within Environmental Protection Areas. Issue(s): · How will the expansion of existing uses (other than agricultural, Policy 7.B.3) be dealt with. Policy 7.B.6 Development and site alteration within or adjacent to a Natural Heritage Corridor should be located, designed and constructed to maintain and, where possible, enhance the ecological functions of the Corridor in linking Core Natural Areas. The Region shall undertake a study to further define the Corridors and their functions. Issue(s): · Without a definition of the location of a Corridor how is the phrase 'within or adjacent to a Natural Corddor' to be interpreted? What is the Local Municipality expected to do with these corridors until defined? Regional Staff noted that 7.B.6 was intended to be an encouragement policy and that perhaps the wording of the policy may be reviewed. Policy 7.B.13 The construction of a residence on an existing lot of record located in whole or in part within the Natural Heritage System or adjacent lands as identified in Table 1 shall be permitted subject to other policies of this Plan and the requirements of local official plans. The residence and accessory uses should be designed, located and constructed to minimize adverse environmental impacts. An Environmental Impact Study may be required to assess potential impacts and mitigation measures. Issue(s): · Who decides if an ElS is required, and through what process will it be reviewed - especially if all that is needed is a building permit - no planning approvals needed. · Are Municipalities expected to amend their zoning by-laws to reflect this requirement? · Would the construction of a new dwelling be permitted within an Environmental Protection Area? Policy 7.B.17 Minor modifications may be made to the boundaries of Natural Heritage System components as more detailed environmental information becomes available through studies or site investigations approved by the Region. Significant modifications, such as changes to the classification of Core Natural Areas or Fish Habitat, or significant changes to their boundaries, may only be made by amendment to this Plan and subject to: 1) The agreement of the Ministry of Natural Resources where changes to ANSIs or Provincially Significant Wetlands are proposed; or 2) The agreement of the Ministry of Natural Resources and the Department of Fisheries and Oceans or its designate where changes to Fish Habitat are proposed. Issue(s}: · If amendments are needed to the Regional Plan for significant modifications to the boundaries of the Natural Heritage System will this result in local amendments as well - this links back to Policies 7.B.2 and 7.B.5. (i.e., local implementation of the regional policies) Implementation Measures Policy 7.C.11 The Commissioner of Planning and Development may: 1 ) Circulate an ElS to the Ecological and Environmental Advisory Committee for review and comment; or ' ' 2) Require that an independent consultant be retained to provide a peer review of an ElS in accordance with the Guidelines for Peer Review approved by Regional Council, with the costs to be borne by the proponent. Issue(s): · Should it be standard that the local municipality also be given the opportunity of reviewing the ElS. Regional Staff explained that this policy was intended as a dispute resolution process. Policy 7.C.14 The Region shall encourage the local municipalities to develop additional means to maintain, enhance or restore natural features and ecological functions including: 1) Community Improvement Plans to protect and enhance green infrastructure in identified parts of the community; 2) The use of holding provisions prohibiting development that may ,adversely impact the natural environment until a requested Environmental Impact Study has been completed; and Issue(s): · Can anything be done at the Regional level, including financially, to benefit these works? Table 1 Table 1 (P. 31 ) identifies buffer areas but individual designation criteria are not shown. Consequently, landowners/consultants/designers cannot determine which setback to apply to their development without confirming with Regional Staff. · Perhaps an accompanying technical manual to assist staff, public and the development communities in identifying the basis for identifying the natural feature as significant. The City of Clerk's Department Niagara Falls Inter-Departmental Memorandum Canada To: Mayor Ted Salci Date: June 14, 2004 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Special Occasion Permits: Similar to recent requests by Niagara Falls Tourism and the Women's Canadian Open, a Council resolution is necessary for the Royal Canadian Legion Branch 479 to get a Special Occasion Permit in conjunction with the War of 1812 re-enactment happening July 2-4, 2004. Therefore, it is respectfully recommended that Council approve the resolution later on the Agenda. Community Festival (Sale) The event must be designated as a Community Festival by a resolution of the municipal council or a delegated municipal official and are to be conducted by a charity, non-profit corporation, organization or association for the advancement of charitable, educational, religious or community objects. The permit must include a letter from the municipal council, the municipal clerk or delegated official designating the event as a Community Festival (applicants for Community Festivals are the same as for Fundraising events). Wor(~in0 Together to Serve Our Commanit~ THE: LEGION JUNE 4, 2004 CITY OF NIAGARA FALLS CITY CLERKS OFFICE 4310 QUEEN STREET NIAGARA FALLS, ONTARIO L2E 2L1 ATTENTION: Dean Iorfida Dear Dean Iorfida I am sending this letter to inform you, that on the weekend of July 2, 3, & 4, 2004, The Royal Canadian Legion Br #479 in association with the Niagara Falls Board of Museums will be hosting The Battle of Lundy's Lane - War of 1812 Re-enactment on the property of the Legion. Along with the re-enactment we are planning to have a patio and bar-b-Que for the three(3) days involved, pursuant to the regulations and rules of the Special Occasion Permit (SOP) and the A.G.C.O. I trust that you find this letter to meet with your requirements and the requirements of the A.G.C.O. Yours in Comradeship William H. NeiI President R.C.L. Br. #479 cc: Reg. Niag. Public Health Dept. - Brent Wood Sgt. Edd Typer - Niag. Reg. Police 22 Div. "They sewed till death/ Why not we?" · be lniteb ¢hnpire opaligt ' l otiation of anaba Colonel Jo~ Butler (Niagara) Branch HI~. F~LLS CLERKS ~)~2514 10::39 Ms. G~I Woo~.E. ' 3066 Chipm~ Crescent Niag~a Falls, On~io L2G 6M5 (905) 295-6378 g~woodr~enoreo.on.ca Niag~a Fills City H~I, 4310 Queen Street, Niag~a Falls, Onto L2E 6X5 May 8, 2004 To Mayor Ted S~ci ~d ~e Members of Niag~a Fills CiW Co~cil The Onto Legislate in reco~fion of~e con~butions ~at ~e U~ted Empire Loy~ists ~d ~eir descend~ts made ~d continue to m~e to ~e development of On~o, p~sed ~ Act on December 18m, 1997, procl~ming J~e 19m U~ted Empke Loyalists' Day in Onto. ~e members of Colonel Jo~ Butler ~iag~a) Brach of the United Emp~e ~yalists' Association request ~t Niag~a Falls CiW Co,oil procl~m ~e week of J~e 13~ to 19m, 2004 U~ted Empire Loyalist week ~ Niag~a Fills. We flso request ~t ~e Loyalist flag be flo~ d~ng ~t week on the fla~ole at CiW H~I. We ~11 provide flag. ~ you for yo~ comideration of o~ request. Loyally, President, Colonel John Butler (Niagara) Branch Of the United Empire Loyalists' Association of Canada PLANNING MEET NG May 31, 2004 ~~ Mayor Ted Salci City Hall, P.O. Box 1023, 4310 Queen Street NiagaraL2E 6x5Falls' Ontario ~; OF TiE MAYO? Dear Mayor Salci: For over 30 years, the Spina Bifida and Hydrocephalus Association of Ontario (SBHAO), a registered charity, has been committed to making a positive difference in the lives of individuals affected by spina bifida and/or hydrocephalus (sb/h). The Association supports those with sb/h and their families through the challenges brought on by these serious, disabling conditions. Spina bifida is a neural tube defect which occurs within the first four weeks of pregnancy. Thc spinal column fails to develop properly, resulting in varying degrees of permanent damage to the baby's spinal cord and nervous system. Hydrocephalus is an excessive accumulation of cerebrospinal fluid (CSF) within the brain due to a blockage. The accumulation of CSF causes the ventricles in the brain to enlarge. Hydrocephalus occurs in approximately eighty-five to ninety percent of persons with spina bifida. It may be present at bh-th (congenital) but can also be acquired through head injury, brain tumour, haemorrhage, disease (such as meningitis), the aging process and other causes which are still unknown. Hydrocephalus and spina bifida are life long, complex conditions for which there is no cure. Left untreated they may even cause death. Living with these conditions, either separate or in combination, presents many challenges to individuals and their families. Those affected usually have mobility impairments, bowel and bladder dysfunction, learning disabilities, seizure disorders, medical issues and other complications. As June is recognized by Health Canada as Spina Bifida and Hydrocephalus Awareness Month, we are requesting that the province of Ontario make the same.declaration. We enclose a sample declaration for your convenience. Thank you for your consideration. Sincerely, Derryff'V. Gill Chair, Board of Directors Spina Bifida & Hydrocephalus Association of Ontario 555 Richmond Street West, RO. Box 103, Suite 1006, Toronto, Ontario, M5V 3B1 Phone (416) 214-1056 · (800) 387-1575 · Fax (416) 214-1446 E-maih provincial@sbhao.on.ca · www. sbhao.on.ca · Charitable Registration #10799 9310 RR0001 N agaraFan sL2E 6S8 www.downtownniagarafalls.com Board of Management June 10, 2004 Mr. Dean Iorfida City Clerk Niagara Falls City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario Dear Mr. Iorfida: As you are aware, we are currently in a protracted battle relating to the Cell Block, a 1,000- 1,500-patron facility, proposed to open in the downtown core. We shall continue this fight aggressively. We request that the City investigate amending its zoning bylaws so that the downtown board is not faced with the prospect of fighting a proliferation of applications for large-scale bars. We request that the planning staff to immediately look at the relevant zoning bylaws and other legislation to remove a use that would allow large scale nightclubs to operate in the downtown core. Yours truly, Kurban Lalan~ ~LAh~NING MEETING ,JUN i q tO0/~,,,~. Chairman /dd www.niagarafallsdowntown, com bia~niagarafallsdowntown.com Downtown Niagara Falls: Where Variety Makes the Difference Club Italia Lodge No. 5 R.R. ,71, 2525 Montrose Road Niagara Falls, Ontario, Canada L2E 6S4 Phone: 905-374-7388 · Fax: 905-374-2044 LIBERTY - EQUALITY - FRATERNITY June 1, 2004 The City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Deputy City Clerk and City Council - for information only Dear Sir or Madam: Please be advised that Club Italia's annual picnic will be held in our park on July 11, 2004. During this event, we are planning to sell beer from a tent. This area has a regular liquor license (outdoor license) (plastic containers only will be used), and the tent area will be used for selling the beer only, no one else will be inside the tent area. (small tent only, to contain beer & cashier) (tent size 20' X 20') This year we have again decided to include a pyrotechnic fireworks display. Please be assured that we have the proper insurance and license for this display. The person supervising this display is Michael Bohonos from Garden City Firework(905-563-8670, or 866-518-8801) and they have assured us that they have contacted the fire department with the proper forms ect. Please see attached layout of picnic area If further information is needed, please do not hesitate to contact us. Yours truly, 44an oro General Manager, Club Italia IU]'l ]/t 2 www.clubitalianiagara.com · email: clubitalia@computan.on.ca PARKING PLAN FnR CLUB PICNIC ENTRANCE [3 EXTRA PARKING [3 OD [313001300000 PAVILION n, FOR STAFF (PERMIT) DRESSING ROOMS ~ FOR VENDORS, BANDS v SOCCER. TEAMS DROP OFF ST JOHN'S ST JOHN'S RESERVED PARKING (ONLY) AREA {~ ~.^NBULANCE AMBULANCE ES] _ OVERFLOV PARKING fC] < C3 I-9 < ENTRANCE REGENCY? ~ O O OPARKING[3 SOCCER FIELD /~ PEOPLE COME IN o ~ THROUGH THE KALAR RI) ~ROP IHEIR PICNIC STUFF, THEN CONTINUE TD PARK THEIR CARS, LDUNGE _ HALL J < ENTRANCE O00OO0 n [3 PARKING Corporate Services Department CD-2004-13 The of Fo,,--' C,erk'eD,v,a,on Dee.,o.,.a Niagara 4310 Queen Street City Clerk P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diodida@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-13 Request for Compliance Audit RECOMMENDATION: That Council consider the request for a compliance audit of the election campaign finances of Wayne Thomson and decide whether the request should be granted or rejected. BACKGROUND: The Municipal Elections Act S.O. 1996 enables an elector, who is entitled to vote in an election, and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances, the oppommity to apply for a compliance audit of the candidate's election campaign finances. Applications may be made to the clerk of the municipality within 90 days after the candidates financial filing date, which was March 31,2004, setting out the reasons for the elector's belief. Such an application (attached) was received in the Clerk's office on June 7, 2004, within the 90 day period. The applicant, Larry Savage, is requesting a compliance audit of election campaign finances of Wayne Thomson, candidate for the office of Mayor during the November 10, 2003 Municipal Election. The candidate's auditor has been contacted and is preparing a response. It should be noted that there is no legislative requirement for the Clerk to do a exhaustive review of the election campaign finance returns. Some larger communities have established Compliance Audit committees. Such a committee, however, has to be established prior to voting day. Elections staff did a cursory review of returns and when obvious errors were found, the candidate was advised and asked to correct the error. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal Planning & Development June 14, 2004 - 2 - CD-2004-13 Within 30 days after receiving the application, the council shall consider the application and decide whether it should be granted or rejected. If it is decided to grant the application, council shall, by resolution, appoint an auditor to conduct a compliance audit of the candidate's election campaign finances. Only an auditor who is licensed under the Public Accountancy Act may be appointed. An appointed auditor shall promptly conduct an audit of the candidate's election campaign finances to determine whether the candidate in question has complied with the provisions of the Municipal Elections Act relating to election campaign finances and prepare a report outlining any apparent contravention by the candidate. The municipality shall pay the auditor's costs of performing the audit. If the auditor's report indicates that there was no apparent contravention and the Council finds that there were no reasonable grounds for the application, Council is "entitled to recover the auditor's cost from the applicant". There is no indication in the Act of a mechanism for recovering the cost. Staffcontacted its' auditors at Crawford, Smith and Swallow. They estimate that such an audit could cost approximately $3,000. Depending on how protracted the investigation would be, there could be additional charges for meetings. Council has the legal authority to reject a request for a compliance audit. The applicant then has 15 days to appeal to the Ontario Court of Justice. The court may "make any decision the Council could have made". Prepared by: Respectfully submitted: William Matson u/?/,'' John MacDonald Records & Elections Co-ordinator to, Chief Administrative Officer ecormnended by: Dean Iogfida City Clerk Approved by: T. Ravenda Executive Director of Corporate Services Attach. ~Mumcipal Wodd"~- Form 1441 'Reg, EM, inCanads, MunicipalWofldlnc. APPLICATION FOR MunicipalElectionsAct, 1996 Multicopy Form - PRESS FIRMLY C, $2, Schedule, $. 81 (1) Municipality or local board C ~'r7 OP ~v/A~-AcA FALLS Mallingaddress qZC/ MogeiSoM ~ ,p,.~o. ~ vo,~L~ S~te location or description of p~pe~ ~at qualifies ~e applic~t ~ ~ elec~r in ~e municip~i~ (or ~a). Name of candidate [/kJ/~-"~ M I~ 'Y'~"~/~ S 0 ~/ I, ~e ~dersi~ed applic~t, ~ elector who is entitled to vote ~ ~ election, have reachable ~o~ds for believ~g ~at ~e c~didate h~ con,averted a provision of~e Munic&al Electiom Act, 1996 relat~g to election c~pai~ frances. The reasonable ~o~ds ~e: (attach a~itional sheets ff necessa~) I believe the facts and information submitted above to be true, and I hereby request a compliance audit of the candidate's election campaign ORI61NAL - to be ~ent to clerk or secretaW OOPY- to be ~tained by applicant 1. Wayne Thomson accepted a campaign contribution from Project Share in contravention on the Municipal Elections Act. Each candidate received from the Clerk's office a 2003 candidate's guide which stated explicitly that contributions from charitable organizations or corporations that have been established for charitable purposes are not allowed. 2. On Friday October 24, 2003 Wayne Thomson hosted a political rally which featured live entertainment, roast pig, Italian cuisine, food stations and refreshments (including alcohol) - all served free. The event, held at Club Italia, was advertised by Thomson's campaign and was attended by close to 2000 people. Neither the cost nor the value associated with the event was declared in the candidate's statement of expenses. SEE APPENDIX A 3. Wayne Thomson did not declare any amount for election signs. However, Thomson's lawn signs, multiple billboards and other signage were highly visible throughout the entire city. 4. In addition to new election signs, Wayne Thomson also used signs from previous elections for his 2003 campaign without claiming them as a contribution. The candidate is responsible for valuing and recording contributions of goods or services. For those candidates who ran in a previous campaign, all materials from the previous campaign that are brought into the current campaign should be included in the opening inventory even if material was not included in the closing inventory of the previous campaign. In valuing these campaign materials, replacement value should be used. In all instances, proper documentation should be prepared to substantiate any opening inventory value. 5. Wayne Thomson's campaign advertised free rides to the polls on voting day courtesy of 5-0 Taxi. Voters were directed to call Thomson's campaign office to access this service. Neither the cost nor the value associated with this service was declared in the candidate's statement of expenses. SEE APPENDIX B 6. During the campaign period, Wayne Thomson distributed numerous free passes to Marineland to prospective voters. Neither the cost nor the value associated with the passes was declared in the candidate's statement of expenses. 7. Thousands of dollars worth of pro-Wayne Thomson advertising was credited to "Niagara Falls People for Democracy," a supposed organization which had no public presence outside of the election period. At least one ad paid for by NFPD featured Janie Palmer, a key member of Thomson's campaign team. A similar supposed organization named "Chippawa Citizens for Democracy" also took out pro-Thomson advertising during the campaign. Neither the cost nor the value associated with the ads was declared in the candidate's statement of expenses. SEE SAMPLES IN APPENDIX C 8. Wayne Thomson's spending limit was $50,316.20. According to the candidate's Financial Statement and Auditor's Report, Thomson declared expenses subject to the spending limit of $49,982.00. In consideration of the costs and values of all of the items and services not declared by the candidate there can be no reasonable doubt that Wayne Thomson exceeded his spending limit by a substantial mount. 9. The Clerk for the City of Niagara Falls has indicated that Wayne Thomson's campaign accepted a contribution in excess of the legal limit ($750) from Michael's Inn. The Clerk's office contacted Wayne Thomson's auditor prior to the deadline for submitting the candidate's Financial Statement and Auditor's Report and the auditor submitted a second report just three minutes before the deadline. The new report indicated that a cheque had been returned. The cheque from Michael's Inn had apparently never been cashed even though it appeared on the list of donors to Thomson's campaign. 10. Wayne Thomson has been a candidate in multiple municipal elections. He is not a novice who might be unaware of the provisions of the Municipal Elections Act. Like every other person running for municipal office, Thomson received a package outlining the financial responsibilities of a candidate. It is the responsibility of each candidate to file a complete and accurate financial statement. While a candidate may designate staffto perform certain duties, the ultimate responsibility for compliance with the Act rests with the candidate. APPENDIX A ~ ..... ~'~'°~° Local News _ No tax increase in 2004: Thom: Liberals rally a~und mayor ~o~ B~g C~ to Niag~a: Bern ~e ~ight ~r ~e Jobs~ ~.-,..~. ~.,on~ Local News -~,o=~,,,~,_A5 I~S TIME FOR TURKEY FE firefighter charged after truck crash WELLAND - A For t Erie ¥olun. 18 Fundraiser for local cancer patient : ~,99 Thirty years as foster t ,~.. m ,~ ....~ ~*~ ~ ~.,... DO something extra for your active Ufestyle. GATES nutritiOn-house nutrition house ~'"""'"~ .... Local News _,~,:~2:,~,_^5 Italian ~mn honoured dudng bu~ary awaMs ~-~ ~=~ ~: U~versi~ cle~ts se~on ~' ~ ~ ~ ~ of heritage orchid faCeS ~Or~ sex c es ,~~ ~ . . ~,..,o, ~ ~ ~ ~ =..~, ...... PROJECT COORDINATOR Visit us offiine at For ~ouncil ~.NormPuffick.ca Commi~o~r of Pub]lc Wor~ APPENDIX B Failed testing Not enough parents ad · . cow optingnlad pu~s mlorosoope on s¢lenoe Idren !h~n (~m,he* wllJn~ to zd~t t~m ~x~nv ,d~fionP, ca'or ~· -~-. ~ ~,. ~,~ .~ ..... . Mon~eal residenfi~ fke ~lls ~o GET UP TO 4 TIRES INSTALLED IN 1HOUR OR LESS' GUARANTEED! or we'll give you a ~ Sea~ Gift Card DEREK SANDERSON A SENIOR CITIZEN? To All Voters/Our Future/Our Reality APPENDIX C Candidates have big plus for toffi~t ~,o.~,.,o~..,,.. Election by the nmbers We endorse Thomson Final goodbye nears 'Decision reserved in weapons trim Speculation has b ...... p ..... ~on, w~g~ehc~[l~g~i~b~ ...... mtocffeclth~tdaty, nnd~m~hopingmbe ~m~n's CHRYSLER, dEEP,, DODGE ~72 MONTHS s19888 ~60 MONTHS S2~888" ~60 MONTHS ' ~"~"~_____~ INTRODUCTORY OFFERS ~'"' ~ ~ Wa~e Thomson h~ ~60 MONTHS ~' """' "~ ~'" ~"~ C an ada _ ~,: ~.~, ,o, .., -^9 Martin still a ohameleon t ~opps 5~fi~t ~ face o~w~ . =~, ~ ~.~,, ~= .~ ~. ~ P g L~berM rout Mayor ~ Alde~a~ IFg fimo ~o dolieor! / Deliver a more diversiOed local economy / Deliver on revitalizino ~owntown / Deliver less tra~c conoestion & be~er roads / Deliver be~er water and sewer systems / ~eliver be~er arena facilities FINANCIAL STATEMENT AND AUDITOR'S REPORT MUNICIPAL ELECTIONS ACT, 1996 (SECTION 78 ~tI~.FOLDSCLERKS 040~311.5:87 INSTRUCTIONS: . ' To be filed if the contributions received by a candidate exceed $10,000 or expenses incurred by the candidate exceed $10,000. Any surplus greater than $500 (after any refund to the candidate, his or her spouse or same-sex partner) shall be paid immediately over to the clerk who was responsible for the conduct of the election. This form may be filed eleclronically if your council has passed an enabling by-law. F°rthecampaignperiodfrom(daycandidatenominated)aanuar¥.. 2/05 to December .31/03 BOX A: NAME OF CANDIDATE AND OFFICE Name of Candidate Wayne Thomson Mailing Address 2090 York Road, Box 62, Queenston, ON LOS 1E0 Business Phone No. Fax No, E-mail Address Home Phone No. 905-262-5168 Name of Office for which the Candidate Sought Election Ward name or ndmber (if any) Mayor Name of Municipaiity Corporation of The City of NiaGara Falls, Ontario BOX B: SUMMARy OF CAMPAIGN INCOME AND EXPENSES 1. My Spending Limit was $ 50.q16 20 2. Surplus (or Deficit) from Previous $ 19,337.39 Election 3. Total Contributions Received $ 83 r 950.00 (see Schedule 1) 4. My Total Campaign Expenses that were Subject to the SpendLng Limit were $ 49,982.00 5. My Total Campaign Expenses that were not Subject to the Spending Limit were $ 48,453.10 6. Total of All Campaign Expenses $ 98,435.0 (line 4 + line 5) 7 Election Campaign Surplus~Deficit from Current $ 4,86 Election 8. Portion of Campaign Surplus Returned to Cm~didate, $ ~i 1 his or her Spouse or Same-Sex Partner FORM 5 Continued BOX C: STATEMENT OF ASSETS AND LIABILITIES AS AT December 3 ! _, 2003 Assets ......................... 31 1CC'7 $ Cash 21,159.25 Accounts Receivable Other (provide full details): Total 21,159.25 Liabilities and Excess (Deficiency) of Income over Expenses Accounts Payable 16,291 ~ 4 Borrowings, Overdr~ ' Other (provide full details) Excess (Deficiency) of Income over Expenses 4,868.11 (from the Statement of Campaign Period Income and Expenses) Total 21,159.25 BOX D: STATEMENT OF DETERMINATION OF SURPLUS OR DEFICIT AND DISPOSITION OF SURPLUS Part I - Determination of Surplus or Deficit $ Amount of Excess (Deficiency) of Income over Expenses fxom Statement of Campaign Period Income and Expenses 4,868. I 1 A Deduct any deficit carded forward by the candidate fyom the immediately preceding election if the offices are with respect to the same jurisdiction ( ) B Surplus (or Deficit) for the Campaign Period (A minus B) 4,868.11 C Deduct any refund of conlributions to the candidate, his or her spouse or same-sex partner (only if there is a surplus) ( ) D Total 4,868.11 E Part II - Disposition of Surplus If Line E shows a surplus greater than $500, the amount must be paid in trust, at the time the financial smtemants are filed, to the municipal clerk who was responsible for the conduct of the election. Surplus paid to the municipal clerk of the municipality of: $4,868.11 · ' FORM 5 Continued BOX E: STATEMENT OF CAMPAIGN PERIOD INCOME AND EXPENSES FRO~ Jann~rv 2, 2003 TO December 31, 2003 FOR CANDIDATE Wayne Thomson INCOME $ andidate s Surplus From Immed ately Preceding Election Re eased by the C erk ...... 19,3 3 7.3 9 Contributions (from Schedule 1) ............................................................... fl ~. q 5 o. o 0 Fund-Raiqing Functions (from Schedule 2, Par~ III) .......................................... Interest Income ....... Other (provide full details): ...................................................... 15.82 TOTAL CAMPAIGN PERIOD INCOME 103,303 . 21 A EXPENSES Expenses Expenses Total Subject to Excluded Limitation from Limitation Accounting & Audit ............................ __N/A 500. oo 500.00 Advertising ....................................... 35,311.03 35,311.03 Bank Charges .................................... 39.24 39.24 Brochures ......................................... ~ 5,405.00 Fund-Raising Function .......................... ~ ' ~I7,~ ' ~ ~ 3 8,9 7 4.0 2 3 8,9 7 4.0 2 interest on Loans ................................. N/A Inventory ConWibuted to Candidate's Campaign from Schedule 3 .................... N/A Meetings Hosted ................................ 1 ,619.98 N/A-- 1,619.98 Nomination Filing Fee ......................... N/A Office Expenses ................................. 7t645.99 7,645.99 Recount Expenses. ............................. N/A Salaries & Benefits/Professional Fees ....... Voting Day Party/Appreciation Notices .... N/A 8,qqq 84 a,9599.84 Other (provide full details): TOTAL CAMPAIGN PERIOD EXPENSES 49,982.00 48~453.10 98,~q~ ~m B EXCESS (DEFICIENCY) OF INCOIVlE OVER EXPENSES (A-B) 4,868.11 FORM 5 Continued BOX F: DECLARATION I !4ayne ?homson , a candidate in the mut~c~[~yCko[~k's'04 (}:J~l 16:,9~ hTi~r~ Falls, OnLario , hereby declare that to the best ofmy knowledge and belief that these financial statements and attached supporting schedules are true and correct. Declared before (clerk or commissioner) at the...~, f. ~-~ ................................... of....~..~...~.../~ ~ ......... th~e....~'..~...(~ of ~<~.. this -~. · .~- · ~. ..... day of... ~. ,-... 20 Q~ .......... ~ ................ ( 'gn ture of the. Cleric br conmaissioner, etc.) date filed in the clerk's office) St;nEDULE 1 - CONTRIBUTIONS Part 1 - Contributions From each single conhSbutor totalling more than $I00 (unless nil complete Part ID ............... ~I t ¢~, F, qCl, S ~:/fr. RK$ .'0& 0313:L ,~ fi:~',~:' @ O, 7 1 0. O0 Less - Returned or payable to the contributor .................. ( - Paid or payable to the clerk ............................ ( ) A 80t060.00 From each single contributor totalling $100 or less ................... . q, a q n. n n Less - Returned or payable to the contributor .................. ( ) - Paid or payable to the clerk ............................... ( ) B 3,890.00 Total contributions from anonymous sources ........................... C Amount of contributions paid or payable to the clerk: A+B+C ............................................................. 83,950.00 Part II - List of Contributions from Each Single Contributor Totalling More Than $100 (attach supplementary list if required) NAME ADDRESS AMOUNT $ A complete list of c mtributors is at~ached Total t~II~. FRLLS CL~'KS'04 033~. ~B:~8 WAYNE THOMSON CAMPAIGN 2003 DONATION LIST NAME ADDRESS AMOUNT CADE HOLDINGS 6400 LUND¥S LANE L2G IT6 159 00 PENINSULA BROILERS 4389 PARK ST. L2E 2K9 600 00 TERRY LIBROCK 7997 PADDOCK TRAIL L2H 1W8 150 00 GAMS 8540 EARL THOMAS AVE L2E 6'[3 60000 NIAGARA ANALYTICAL P.O. BOX 205 L2E 6T3 15000 DR. PANG 6975 MCMILLAN DR. L2G 2N3 15000 METRO DEVELOPMENT 1959 FRUITBELT PKWY. L2E 6S4 60OC0 BRODERICK& PARTNERS 4625 ONTARIO AVE L2E 6V6 60000 SEAVER VALLEY REALTY 4741 QUEEN ST. L2E 9M2 60000 MATTHEWS, CAMERON 5233 VALLEY WAY #1 L2E 7C2 600.00 STEINBACHS & CHAPELLE P.O SOX 56 L2E 6S8 600.00 CRAWFORD SMITH & SWALLOW 4741 QUEEN ST. L2E 2M2 800.00 727604 ONTARIO LIMITED 6617 DRUMMOND ROAD L2E 6s8 600.00 ASCOT WOODS LTD. 6617 DRUMMOND ROAD L2G 4N4 600.00 FALLS CHEV. OLDS 5888 THOROLD STONE ROAD L2E 6S8 60000 URBAN & ENVIRON MGM'T 4701 ST. CLAIR AVE, L2E 6S9 300.00 GALES GAS BAR 4388 PORTAGE ROAD L2E 6A4 3C0.00 REGENCY MOTOR HOTEL 8128 MOUNTAIN ROAD L2E 6S4 6C0.00 SAM V1SCA ELECTRIC #4 * 5602 GEORGE ST L2E 3E2 600.00 ~m~.Fn~S CL~KS'04 0~1 ~A_:~8 DAYS INN NEAR THE FALLS 5943 VICTORIA AVE.L2E 3L8 300.00 RIVER REALTY DEVELOPMENT 6746 MORRISO~I ST, 1.2E 6V~ 600.00 HETHERINGTON & DEANS 5176 VICTORIA AVE. L2E 4E3 150,00 AUTOLINE TOYOTA 4421 DRUMMOND ROAD L2E 6C5 600,C0 QUALITY HOTEL 5257 FERRY ST. L2G 1 R6 400.C0 ALFIDOME CONSTRUCTION 1959 FRUITBELT PKAA/Y, L2E 6G4 600.00 BEST INN & SUFFES 40MCCLURE CRES. THOROLD L2V 4E6 600.00 CHALET MOTOR iNN 6577 ELLEN AVE LEG 3P5 30000 BLAKE MCINTYRE 4516 AQUARIUS CRES LEE 5P$ 76.00 PROVINCIAL CONSTRUCTION 4362MONTROSE RD. LBH 1K2 S88.88 JAMES ROCCA 3449 CARDINAL DR, L2H ?J(3 150.00 JOHN NAGY 7104 LUNDY'S LANE I.BG IW2 75,00 PINE TREE VILLAGE 2175 MEWSURN RD. L2E 6S4 150.00 HAPPINESS INN NIAGARA 4t81 QUEEN ST. L2E 7K3 150.00 HI LITE RESTAURANT 4524 QUEEN ST, LEE 2L5 75.00 PAUL FOY PONTIAC 4318 PORTAGE ROAD LEE 6A4 75.00 BANK OF NOVA SCOTIA 4800 VICTORIA AVE LEE 4C2 60000 CHATEAU DES CHARMES P.O. BOX280 ST. DAVID'S L05 1P0 15000 RENAISSANCE FALLSVIEW 6455 FALLSVIEW BLVD. LSD 3~9 30000 DOUBLETREE RESORT LODGE 6039 FALLSVIEW BLVD. L2G 3V6 600.00 HOCO LIMITED 4960 CLIFTON HILL LSE 6S8 60000 FALLS MANAGEMENT CO 2300 YONGE ST, TORONTO M4P 1 E4 750,00 MICHAEL MARONEY 16 MITCHELL ST. ST. CATH. LBR 3W4 75000 FERMA ROAD CONSTRUCTION 2666 RENA RD. MISSISSAUGA L4T 3C8 NIAGARA 21ST GROUP 5880 VICTORIA AVE. L2G 3L7 600.00 NIAGARA INDUSTRIAL MALL 5881 THOROLD STONE RD. LBJ 1 Al 600.00 THE HILLTOP COMPLEX SOX 334 L2E 6T8 600.00 ALTIERI 6UILDING SUPPLIES #4 4564 MONTROSE RD LBH 1 K2 60000 CANADIAN NIAGARA HOTELS P.O, LOX 1012 LEE 6W7 600.00 TRG INSURANCE BROKERS 4383 PORTAGE RD, L2E 6A6 60000 NF FIREFIGHTERS ASSOC. 6493 ORCHARD AVE. L2G 4H3 60000 MIRA JORDAN 7936 SARAH ST LBJ IG8 15000 FALLS CITY DESIGN BUILD 7094 YORK DRIVE L2E 7A3 30000 GENEROUS MOTORS 44~0 DRUMMOND ROAD L2E 6C7 60000 MIKE MALONEY 9145 RIDGE RD~ WELLAND L3B 5N7 600.00 DONE-RITE GEN. CONTRACTING 3464 WiLTSHIRE BLVD. LBJ 3E6 600.00 E.S FOX PO~ BOX 1010 L2E 7J9 600.88 754163 ONTARIO ~NC 5640 FERRY ST LSD 1S6 600 00 MICHAEL'S INN 5599 RIVER ROAD LEE 3H3 75.88 WHITE HOUSE RESTAURANT 4709 BENDER ST L2G3K3 58800 PROVINCIAL MAINTENANCE 7739 DRUMMOND ROAD lC2 LEG 4P9 60000 LAFARDE CANADA ~80 WELLAND AVE. ST CATH. L2M 5V4 300 00 CRIVELLER CANADA 6935 OAK'WOOD DRIVE LgE 6S5 600.00 PATTERSON FUNERAL HOME 6062 MAIN ST L2G 5Z9 7500 MCBURNEY, OURDAN PO BOX 177 L2E6T3 60000 DEMAR CONSTRUCTION #1 4230 MEADOWVALB OR L2E 5W7 60000 ALEXANDRA MILLS 5822 MOULAND AVE L2G 5N7 22500 MORGAN FUNERAL HOMES MAIN BTRBET 60000 PANORAMIC PROPERTIES 5627 MAIN ST L2G 5Z3 150 00 CARMELA MORINELLO 5637 MAGNOLIA DR L2H 3J4 7500 MICHAEL WULTCHYN 5837 MAGNOLIA DR L2H 3J4 150 00 HIi~g, F~LL$ CLERKS '04 0331 NIAGARA RIVER CONSTRUCTION 8045 BOOTH ST, L2H 1 E7 150.00 BERNHARD MA*FTERN 47 RIDGE POINT RD. ST.CATH, L2T 2S8 150,00 BIAMONTE INVESTMENTS 7600 LUND¥S LANE L2H IH1 ~75.00 HIDG, FDLLS CLERKS '04 0331 SIGNATURE SIGNS 4875 KENT ST L2H 1J5 7500 BEST WESTERN FALLSVIEW 6289 FALLSVIEW BLVD L2G 3V7 600,00 ALEK PANTELIC 5142 CARISA COURT L2E 702 600.00 ANTHONY CIAVATTONE 5141 SOUTHGATE AVE L2E 7G4 75.00 ERIC WIENS CONSTRUCTION R.R, #3 ST. CATH L2R 6P9 600,00 ANGELO EUTERA 5627 MAIN ST. L2G 5Z3 60000 GEORGE BAILEY 6025 PROGRESS ST. L2E 6X8 375.00 ROBERT MARTIN ENG. 8 CENTRE ST. ST, CATH. L2R 3A7 75,00 SILVERLINE TRUCKING 411 GLENDALE AVE #15 ST. CATH. L2P 3Y1 600.00 NIAGARA HERITAGE INN 6032 LUNDY"S LANE L2G IT1 150.00 HELLAS ENTERPRISES LTD, 5481 DUNN ST. L2G 2N6 600.00 ARMANDO LEO & FAMILY 5705 FERRY ST. L2G IS7 225.00 NEXTERRA SUBSTRUCTURES 8230 OAKWOOD DR. L2E 655 6CO.00 PUMPCRETE CORP. 6000 PROGRESS ST. L2E 6X8 300.00 PANORAMIC HOSPITALITY 6733 FALLSV]EW BLVO L2G 3W7 600.00 NIAGARA PLUMBING 4300 STANLEY AVE L2E 6T7 375.00 LINCOLN MOTOR INN 5447 MA~N ST. L2G 5Y~ IS0.0D MICHAEL'S INN 5599 RIVER ROAD L2E 3H3 500.00 PILLI~FERI ESTATES WINERY 169~ NIAGARA STONE RD. NOTL LOS ~J0 300,00 QUEENSWAY AUTO PARTS RR #1 PORT ROBINSON LOS ~ KO 150.00 PAT VIELE ENTERPRISES 227 BUNTING RD. ST. CATH. L2M 3Y2 15000 FALLS AUTO BODY 4414 BRIDGE ST L2E 2R7 24000 GINO GIALLONARDO 6627 RANDY DR L2E 5N3 120,00 HI,C. FDLLS CLERKS ROBERT HUTCHEON 4422 HURON ST, L2E 7C8 75,00 JOHN PRENTICE 4413 JOHN ST. L2E IA4 150,00 JAKE HIEBERT !901 GARNER RD. L2E 654 75~00 DR. ALAN GOLD 48 LOWER VILLAGE GATE T.O MSP 3L7 300 00 GORGE HOLDINGS 40 ALBERT ST. THOROLD L2V 2G3 250.00 NIAGARA AIRBUS 8626 LUNDY'S LANE L2H 1 H4 30000 MARTIN SHEPPARD FRASER P O Boxg00 L2E 6V7 20000 DIANE SHEPPARO 4174111 FOREST GLEN D R. L2H 2Y7 150.00 DAVID TANFARA 5812 BUCHANAN AVE L2G 3V3 7500 RON LOWE 3555 RAPIDS VIEW DR. L2G 7M8 150.00 DR, GLYN THOMAS 5400 PORTAGE RD. SUITE 305 L2G 5X7 150.00 OR. JOHN DOUCET 5400 PORTAGE RD. SUITE 202 L2G 5XT 150.00 FREO GIESSLER ELECTRIC LTD P,O. BOX 59 ST DAVIDS LOS 1 PO 150.00 AMERI-CANA RESORT 84~4 LUND¥S LANE L2H 1 H4 360.00 VINCOR P.O. 8OX518 L2E6V4 60000 LOU STRANGES 7822 DONLEE DR. L2H 2N5 240.00 BALL HARRISON HANSELL P.O. BOX 1656 ST. CATH, L2R 7K1 500.00 AL CUNNINGHAM 8117 MOUNT OLIVE CR L2H 2Z1 150.00 SCI{EDULE 2 - FUND-RAISING FUNCTION (attach separate schedule for each function held) M D Y Date ~13_/2 6 /~ ~[R~, FRLLS CLERKS '(k] 0331 Description of function $ Admission charge (per person)* ..... .~gfl..0.9,'~R.. 3_ .~.~.~:P E ........................ A *If admission charge per person is not consistent, pro¼de complete breakdown o fall ticket sales. Number of tickets sold ........................................................................ 1,214 B PART I - TICKET REVENUE A x B (included in Schedule 1) 76,080.00 PART H - OTHER REVENUE DEEMED A CONTRIBUTION · (PROVIDE FULL DETAILS): Donations 7,870. O0 Total Part H Revenue (included in Schedule 1) 83,950. o o PART HI - OTHER REVENUE NOT DEEMED A CONTRIBUTION (PROVIDE FULL DETAILS): Total Part III Revenue Note 1: 216 tickets sold at $75 and 998 sold at $60 Note 2: Two donations were returned to the contributors, one in the amount of $150 and the other in the amount of $500. SCHEDULE 3 - INVENTORY OF CAMPAIGN GOODS AND MATERIALS CONTRIBUTED TO CANDIDATE'S CAMPAIGN * Receipts Must be Issued for Ail Inventory Contributions III~.F,~LL$1,LEF&~ ~03J1 16,~8 Description Date Supplier ] Unit Quanti~ Total Value $ __ Acquired Value $ TOTAL VALUE 'OF INVENTORY CONTRIBUTED TO CANDIDATE'S CAMPAIGN h~i 1 SCHEDULE 4 - INVENTORY OF CAMPAIGN GOODS AND MATERIALS AT THE END OF CAMPAIGN Description Date Supplier Unit Quanti~ I Total Value $ Acquired Value $ TOTAL VALUE OF INVENTORY OF CAMPAIGN GOODS AND MATERIALS r~ ± 1 AUDITOR'S REPORT MUNICIPAL ELECTIONS ACT, 1996 (SECTION 7 ~t~G. F~LL$ CLERKS '04 0331 16:29 To: Dean Toff ida _, clerk I have audited the Statement of Assets and Liabilities, the Statement of Campaign Period income and Expenses, and the Statement of Determination of Surplus or Deficit and Disposition of Su~lus of W~ yn~ ~Pharn~rm _, candidate, for the campaign period fi:om Januar}, 2/03 to December 31/03 relsting to the election held on November 10 t 2003 . These financial statements are the responsibility of W~v~o q'hom~on , candidate. My responsibilityis to express an opinion {{n these financial statements based on my audit. Except as explained in the following paragraph, I conducted my audit in accordance with generally accepted auditing standards. Those standards require that I plan and perform an audit to obtain reasonable assurance whether the financial statements are fi'ce of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements: An audit also includes assessing the accounting principles Used and significant estimates made by Wa }'ne Thomson , candidate, as well as evaluating the overall financial statement presentation. Due to the nature of the types of transactions inherent in an election campaign, it is impracticable through auditing procedures to determine that the accounting records include all donations of goods and services, and receipts and disbursements. Accordingly, my verification of these transactions was limited to ensuring that the financial statements reflect the amounts recorded in the accounting records of w~vn,~ ~'h~ta~On , candidate, in accordance with the accounting procedures established by the Municipal Elections Act, 1996 and I was not able to determine whether any adjustments might be necessary to income and expenses, assets or liabilities, and surplus/deficit. In my opinion, except for the effect of adjustments, if any, which I might have determined to be necessary had I been able to satisfy myself as to the completeness of the records as described in the preceding paragraph, these financial statements present fairly, in all material respects, {he fmaneial position of the candidate's election campaign as at December 31, 2003 and the income and expensesforthecampaignperindfrom.r~nnarv 9/o3 toDecemher ql/0.Tandthe determination of surplus or deficit and the disposition of surplus in accordance with the accounting lxeatment prescribed by the Municipal Elections Act, 1996. The Municipal Elections Act, 1996 does not require me to report, nor was it practicable for me to determine, that contributions reported include only those which may be properly retained in accordance with the provisions of the Municipal Elections Act, 1996. Signature ~et~ 5 ~3~)~ ~_~ Professional Designation Chartered Accountant Municipality Date Niagara Falls, ON March 23, 2004 Contact Person Licence # A. W. Haskin Address 3531 Portage Road, Suite 14 Niagara Falls, ON L2J 2K5 Telephone Fax # E-Mail Address 905-356-7752 905-356-2014 HI iG, FF LLS CLERKS'04 0611 14 4i_ Corporation of the City of Niagara Falls Corporate Services Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attn: Mr. D. Iorfida, City Clerk I-~-SKiN 3531 Portage Rd., Suite 14 Niagara Falls, Ont., L2J 2K5 June 10, 2004 Dear Mr. Iorfida: I am in receipt of a copy of the "Application for Compliance Audit" submitted by Mr. L. Savage dated July 7, 2004. I have audited the records of the campaign of Wayne Thomson for the office of mayor in the November 10, 2003 election and I hereby provide responses to certain of Mr. Savage's stated "reasonable grounds": 1. INELIGIBLE CONTRIBUTION I have reviewed the records of the aforementioned campaign and Project Share did in fact purchase a ticket for the campaign fundraiser held March 26, 2003. This cost of admission to a fund-raising function falls within the definition of a contribution for the purposes of filing financial information and accordingly was included in the $76,080 ticket revenue reported in Schedule 2 - Fund-Raising Function provided in the candidates financial report. This contribution was collected by someone other than the candidate, deposited by someone other than the candidate and recorded in the records by someone other than the candidate. While the candidate's distance from the transaction is not a defence to the acceptance of a contribution from an ineligible contributor, I would like to point out that the acceptance of this contribution appears to have been oversight. The candidate did not benefit personally from this contribution (it has been paid to the clerk as part of the candidate's surplus) and it appears that there was no intent to contravene the Act and certainly no intention to conceal it. This is borne out by the fact that Schedule 1 - Contributions requires the disclosure of the names and addresses of only those contributors contributing in excess of $100 each and accordingly the information related to the Project Share contribution did not need to be disclosed. Additionally, the candidate did refund an over-contribution to Michael's Inn (see 9, below). H A S K I N 3531 Porlage Road, Suite 14 Niagara Falls, Ont., L2J 2K5 Tel: 905.356.7782 Fax: 905.356.2014 2. CLUB ITALIA "AN EVENING WITH MAYOR WAYNE THOMSON" The records of the campaign indicate that there were no expenditures for the abovementioned event on October 24, 2003. 3. ELECTION SIGNS The expenditures on billboards for Mr. Thomson's campaign totalled $16,120.25 and the expenditures for other signs totalled $5,749.04. These amounts were included in Mr. Thomson's financial report and were disclosed in the amount titled "Advertising". 4. INVENTORIES At the time that the financial report was completed, I was advised that the sign inventories were minimal/immaterial and would have approximated 30 in number at an approximate total cost of $75 at both the beginning and end of the campaign. Due to the immateriality of the inventory and the unavailability of an actual count, the value of the opening inventory was neither added to the contributions nor deducted as a current sign expense. Had the provision been made the total contributions received would have increased by $75 and the total campaign expenses that were subject to the spending limit would have increased by $75. The candidate still had not exceeded the spending limit. 5. RIDES TO POLLS There is no cost of "rides to the polls" in the records of the Thomson campaign. 6. MARINELAND PASSES There Is no cost of admissions to Marineland in the records of the Thomson campaign. 7. ADVERTISING There is no cost of advertising related to ads placed by "Niagara Falls People for Democracy" or "Chippawa Citizens for Democracy" in the records of the Thomson campaign. 9. RETURNED CONTRIBUTION A review of the records of the Thomson campaign records indicated that Michael's Inn had contributed to the campaign on three different occasions (in the amounts of $500, $75 and $500) and thereby exceeded the legal limit of $750. This was noticed by the clerk's office and reported to me and I contacted the candidate and the candidate requested that not just the contribution in excess of the $750 be returned to the contributor but that one of the $500 amounts be returned because it appeared that there was a duplication of the contribution Michael's Inn had intended to make. HASK- N The above are factual responses/explanations to the "reasonable grounds" cited by Mr. Savage in his application. Should you have any questions or comments, please do not hesitate to contact the writer. would be pleased to discuss the contents with you at any time. Respectfully submitted, A. W~il~am~a:kin, B.Sc., C.A. HASK .N I-I!lqG. F~ILLS CLERKS '04 0611 14'-4.1 Corporation of the City of Niagara Falls Corporate Services Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attn: Mr. D. Iorfida, City Clerk June 10, 2004 Dear Mr. Iorfida: I am in receipt of a copy of the "Application for Compliance Audit" submitted by Mr. L. Savage dated July 7, 2004. I provide the following comments with respect to Mr. Savage's issues: 1. INELIGIBLE CONTRIBUTION Project Share did in fact contribute $75 to my campaign, I acknowledge that this is an ineligible contribution and I wish to assert that acceptance of this amount was an oversight. I would not wilfully contravene the Municipal Elections Act. This contribution was collected, deposited and recorded by someone other than myself. While this is not a defence to the acceptance of this contribution it supports the lack of will to contravene the Act. Had I known of this problem, I would have returned the contribution to the contributor as I did with Michael's Inn (see 9, below). I will contact the clerk's office to arrange for the return of this contribution to Project Share. 2. CLUB ITALIA "AN EVENING WITH MAYOR WAYNE THOMSON" I was approached by a group of gentlemen from Club Italia that asked if they might host an "appreciation night" for me at their club. Neither I nor my campaign team participated in the arrangements beyond agreeing to the proposal. This was not a function which I had any control over. Accordingly it was not a campaign effort and was not paid for by my campaign. 3. ELECTION SIGNS The expenditures on billboards for my campaign totalled $16,120;25 and the expenditures for other signs totalled $5,749.04. These amounts were included in my financial report and were disclosed in the amount titled "Advertising". 4. INVENTORIES The signs which were left over from prior campaigns were, for the most part damaged and not usable. Most were discarded; approximately 30 signs at an average cost of $2.50 were used in the most recent campaign and approximately the same number would have survived it. 5. RIDES TO POLLS My campaign team was approached by a local taxi company that was prepared to provide voters free rides to the polls. The team was asked to advertise the availability of those rides in our ads to assist in advising the public of the opportunity. As a public service, we included this information in our ads. It is important to note that rides were not restricted to those voters that supported me but were available to the public at large regardless of whom they supported. Accordingly, the costs of this are not relevant to my campaign. 6. MARINELAND PASSES A supply of admission tickets to Marineland is provided to the City each year. I have handed out admission tickets to Marineland every year that I have been mayor of the City of Niagara Falls, not just in election years. The Marineland season ends each Thanksgiving, Marineland's season was almost at a close when the nomination period ended and certainly all the tickets had been distributed long before that time. 7. ADVERTISING There is no cost of advertising related to ads placed by "Niagara Falls People for Democracy" or "Chippawa Citizens for Democracy" in the records of the Thomson campaign. I am not sure who these groups represent but I suspect they are similar to tt~e group that Mr. Savage is associated with. 8. SPENDING LIMIT Mr. Savage's "reasonable grounds" are highly speculative at best and ill founded. My financial statement discloses the contributions and expenditures made by my campaign and I have not exceeded the expense limit permitted for a candidate running for the office of mayor in Niagara Falls. 9. RETURNED CONTRIBUTION Michael's Inn contributed to my campaign on three different occasions (in the amounts of $500, $75 and $500) and thereby exceeded the legal limit of $750. This was noticed by the clerk's office and reported to my auditor and I requested that not just the contribution in excess of the $750 be returned to the contributor but that one of the $500 amounts be returned because it appeared that there was a duplication of the contribution Michael's Inn had intended to make. 10. RESPONSIBILITY I have been a candidate in several elections. I assume responsibility for my campaign. I have conducted myself in each and every campaign with the utmost integrity and respect for the office for which I ran. I have not wilfully contravened the Act. The acceptance of the Project Share contribution was a human error, an oversight I did not exceed my expense limit nor do my financial statements misrepresent my campaign contributions or expenses. The above are factual responses/explanations to the "reasonable grounds" cited by Mr. Savage in his application. Should you need me to address these issues further, please call. Respectfully submitted, Corporate Services Department CD-2004-12 of [ll~l~ Clerk's Division Dean Iorfida The City Niagara FallslJ~l~r 4310 Queen Street City Clerk Can~~. P.O. Box 1023 Niagara Falls, ON L2E $X5 ~-r web site: www,city.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CI)-2004-12 Amendment to Municipal Policy - Busing of Patrons to Bingo RECOMMENDATION: 1. That the current manicipal policy with respect to busing of patrons to bingo be amended to permit busing subject to specific terms and conditions. 2. That this change be in effect for a one year trial period and be reviewed following that time. BACKGROUND: Provincial Order-in-Council 2688/93 provides the authority to allow municipalities to issue lottery licences, including bingo. In part Order-in-Council states that "A municipal council may attach terms and conditions to a licence issued by the municipal council." In addition to the Provincial terms and conditions under which a Bingo Lottery is issued, the municipal policy imposes additional restrictions and requirements on organizations conducting bingo in the City of Niagara Falls. Municipal councils may impose terms and conditions to enhance and strengthen Provincial regulations. The City of Niagara Falls currently has a municipal policy with respect to bingo operations in the municipality. The policy was first introduced in 1989 consolidating individual policies that had been approved by Council in separate reports. The current municipal policy includes prize board limits, banking requirements and time slots. The policy has been amended numerous times since 1989 as changes to the municipal bingo market or new Provincial regulations have been introduced. The most recent amendments to the policy were in September of 2003 as a result of the closure of the Bingo Country bingo hall. These amendments included allocation of bingo events, pooling of bingo proceeds and the introduction of "cashless"bingo. Working Together to Serve Our Community Clerks Finance · Human Resoumes Information Systems · Legal Planning & Development June 14, 2004 - 2 - CD-2004-12 The municipal policy with respect to busing of patrons to bingo events in Niagara Falls was introduced on June 9, 1986. At that time, Council approved a complete ban on busing bingo patrons in Niagara Falls. Prior to the ban, there were allegations that operators were engaging in improper discount practices and inducements. It was felt that busing was not be cost effective, would increase questionable practices and would only move the bingo players from hall to hall. Since the late eighties, the Provincial regulations have been clarified. The Alcohol and Gaming Commission (Provincial Licensing Authority) does permit busing and have clarified the specific criteriain InformationBulletin#27, titled Transportation to Bingo Events. The policy provides that "Municipalities may, in special circumstances and at their discretion, give approval for a licensee to arrange transportation to bingo players to and from the bingo hall." Staff is in receipt of a joint submission from the Delta Monte Carlo bingo hall and the Delta Monte Carlo Sponsor Association requesting an amendment to the current municipal policy. The request indicates that the purpose of busing patrons is intended to "increase awareness of our location, encourage current, new and lapsed players to possibly attend our sessions and at the same time, allow us to compete effectively with other gaming establishments located in our municipality." It is staff's understanding that Delta Monte Carlo will, initially, only be busing in patrons from the United States. Should the bingo expand busing into area municipalities, they would have to get permission from those communities. At the current time, the City of Niagara Falls has only one bingo hall. With only one operator, there is no fear of competition or inducements between competing bingos. Also, with competition from other gaming options (i.e., race track and casinos), busing is a good marketing tool to attract patrons, especially those from the United States. Therefore, staff is not opposed to the amendment to the current busing policy, provided all Provincial regulations with respect to busing are adhered to. Staffhas prepared a form to be completed by the hall operator and the sponsor association. The form incorporates the Provincial requirements and provides that both parties sign off on all requests. A copy of Information Bulletin #27 and the new form from the City of Niagara Falls is provided with this report. CONCLUSION: Based on changes in the local bingo market and strengthening of Provincial requirements, busing of patrons to the Delta Monte Carlo Bingo should be permitted. As with most amendments to the municipal policy, Staff is proposing that this change be permitted for a one year trial period, to be reviewed during that period and become a permanent change to the municipal policy should busing prove beneficial to the organizations conducting bingo in the City of Niagara Falls. Prepared by: Respectfully submitted: A. Duerksen / /ohn MacDonald Lottery Licensing Coordinator (_.//Chief Administrative Officer June 14, 2004 - 3 - CD-2004-12 Recommended by: Dean Ior~ City Clerk Approved by: F ~T. Rav. enda Executive Director of Corporate Services The Cily of Niagara Falls Canada BINGO HALL ADDRESS DATE OF EVENT (dates if series of events) BUS COMPANY ORIGINATING CITY DESTINATION CITY MUNICIPAL BOUNDARY CROSSED (if applicable, attach permission) BORDER CROSSING (if applicable) HALL REPRESENTATIVE Print Name Signature Date CHARITY REPRESENTATIVE SIGNATURE Print Name Signature Date Monte Carlo Bingo May 26, 2004 Mrs. Angela Duerksen Lotte~ Licensing Co-ordinator City of Niagara Falls 4310 Queen Street N~agara Yall~, Ontario L2E 6X5 RE: ' Busing of Customers Dear Angela; Please accept this letter as a request for an amendment to the municipal bingo policy, in regards to the busing of patrons to bingo halls. In October of 2000, the Alcohol and Gaming Commission of Ontario (AGCO) issued Information Bulletin No. 27. which allows transportation of customers to bingo halls for special events. This new policy will allow us to contract directly with transportation companies for such instances. The definition of a "special event" is at the discretion of the municipality and for example, can be simply an event at which special promotions or pricing Is being offered, etc. Having the opportunity to provide transportation to bingo events will certain ly help increase awareness of our location, encourage current, new and lapsed players to possibly attend our sessions and at the same time, allow us to compete effectively with other gaming establishments located in our municipality. If you require an~ further information or clarification of the above, please contact me directly at (905) 356-8109. Sincerely, Carol Newman ~n Szoke General Manager President, Sponsors Association attachments (2l 4735 Drummond Rd,, Niogara Falls, ON L~E 6(/8 · Phone: (905) 356-8109 · Fax: (905) 356-6714 ~/~ INFORMATION BULL TIN ,__, Ontario Alcohol and Gaming Commission of Ontario 20 Dundas Street West, 7th floor 'Toronto, Ontario HSG 2N6 · 1-800-522-2876 or (416) 326-8700 · Fax: (416) 326 Effective Immediately Date: October 31, 2000 Contact: Tim Glutek Phone: (416) 326-8694 Fax: (416) 326-8711 TRANSPORTATION TO BINGO EVENTS Hall operators and licensees cannot (other than as set out in this document) contract directly with transportation companies to bring customers to the bingo hall except in special circumstances. Municipalities may, in special circumstances and at their discretion, give approval for a licensee to arrange transportation to bring players to and from the bingo hall. Where the route crosses one or more municipal boundary, all municipalities involved must approve this arrangement in writing. There ~hould be agreement between the hall operator and the licensee that there is a special circumstance that warrants seeking the municipality's approval. Municipalities may only approve transportation arrangements for a licensee on an event by event basis. Private transportation companies may only offer their services to the public to pick up bingo customers, take them to the bingo hall, and return them at the end of an evening. These transportation arrangements between a transportation provider and members of the public that are not the licensee or hall operator do not require municipal pre-approval. In both circumstances, hall operators or licensees may provide passengers with coupons, contest entries, or other in-hall giveaways. These promotional items shall not constitute paymem to the transportation provider by a licensee or operator and cannot be paid for by the customer as part of the cost of the transportation package. These giveaways must be provided directly to customers by the hall operator or licensee and cannot be provided to customers by the transportation provider on behalf of a licensee or operator. Hall operators and licensees cannot compensate transportation providers on the basis of the number of players brought to the hall, the amount that those players spend or lose, the length of time that the players spend in the hall or their theoretical loss while there. Transportation companies cannot sell gaming products to customers or provide a "package deaF' including gaming products. 3125-00-E Ce document est disponible en frangais Page I of' 1 Corporate Services Department CD-2004-'14 lhe City of /'~'1~ Clerk's Division Dean luff ida Niagara FallsyJ~,~l~ 4310 Queen Street City Clerk Can_~_ ~_,~, P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ I~ web site: www,city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-14 "In Camera" Procedures RECOMMENDATION: For the information of Council. BACKGROUND: The following motion was passed at the May 17, 2004 Council meeting: That staff provide a report outlining the process for ratifying the actions from Committee of the Whole and of the legal implications, should an action not be ratified in open Council. Carried Unanimously. Firstly, the closed door session of Council has traditionally been called Committee-of-the-Whole in our municipality. It is probably more appropriate to refer to the closed session as In Camera because all of the City's standing committees (Community and Corporate Services committees) are, technically, committees of the whole i.e., committees that include all Members of Council. Regardless of the nomenclature, closed door meetings can only happen under certain circumstances as per the Municipal Act: Meetings open to public 239. (l) Except as provided in this section, all meetings shall be open to the public. 2001, c. 25, s. 239 (0. Working Together to Serve Our Community Clerks Finance Human Resoumes · Information Systems Legal · Planning & Development June 14, 2004 - 2 - CD-2004-14 Exceptions ~2) A meeting or part o fa meeting may be closed to the public if the subject matter being considered (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; ©) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; 09 advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. 2001, c. 25, s. 239 (2). Other criteria (3) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom o flu formation and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act. 2001, c. 25, s. 239 (3). Senior Staff is very cognizant of which items should be "in camera", however, every case is not black and white. For example, with a number of reports or items, litigation could occur. Staff has to make a judgement call as to whether them is a real possibility of litigation and whether the item should go "in camera" so that the Solicitor can outline confidential matters that may be pertinent to the case. Reporting Out From Closed Meetings Planning & Conducting Effective Council Meetings, an A.M.C.T.O publication by noted municipal writer C. Richard Tindal writes on the issue of reporting out or ratifying actions from closed meetings: "The Municipal Conflict of Interest Act provides that a disclosure of financial interest made in a closed meeting must be recorded (i.e., declared by the council member) in the minutes of the next open meeting. Apart from that provision, there is little guidance found in provincial legislation, and municipal practices with respect to reporting out seem to vary considerably." Tindal further goes on to explain that there are three possible outcomes of a closed meeting: an agreement to take action, an agreement not to take action and general discussion. Scenarios related to an agreement to take action are obvious: a decision to proceed with the purchase or sale of land, a decision to ratify a collective agreement or a decision to accept a settlement in a legal proceeding, amongst other examples. These are traditionally matters that council has authority over and require specific action. June 14, 2004 - 3 - CD-2004-t4 There is some debate on whether Council's should report when they decide to not take action. It would seem obvious that if Council is not taking an action, there is nothing to report, however, this may not always be the case. For example, if the City is involved in litigation and the other party has made an offer of settlement that has been rejected by Council, it is probably appropriate for the matter to be reported in open Council. Tindal summarizes that Council inaction, not oversight, is often as much of a policy position as a course of action. General discussion in closed meetings, according to Tindal, can involve a number of possible scenarios, "information reports, prepared by staff, on topical issues, intended to alert council to particular matters." In our "in camera" sessions, such items appear on occasion. These general discussion items could be matters in which staff already has the authority to take action. The items are brought forward, however, to keep Council informed and to ensure that staffis "on the same page" as Council. For example, the City Solicitor has a duty to defend the Corporation in legal matters. He does not have to get Council's approval to do this, however, as a courtesy he informs the Council of impending litigation. In most cases, his information report is received and Council does not "rise to report" on the matter. CONCLUSION: As the publication Planning & Conducting Effective Council Meetings indicates there is little legislation or guidance on what should be reported out from closed meetings. Practices vary from municipality to municipality. The author, Tindal, notes that "these legal issues only arise if someone challenges council's actions." He does caution that municipalities should report substantive motions in open meetings. Recommended by: Respectfully submitted: Dean Iorfida J/ John MacDonald City Clerk ~/ Chief Administrative Officer Approved by: Executive Director of Corporate Services Corporate Services Department F-2004-38 · ~a~ Finance Division Kenneth E. Burden The C ty of 43'10 Queen Street Director Niagara Falls~llllf P.O. Box 1023 Canada ~~Niagara Falls, ON L2E 6X5 ~ 111~[ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-38 - 2004 Reimbursable Kilometrage Rates RECOMMENDATION: That Council approve the following recommendations: i. The reimbursable kilometrage rate payable to City employees who use their personal automobiles on City business, be established at $0.40 per kilometre, effective July 1, 2004. 2. The reimbursable kilometrage rate continue to be reviewed on an annual basis. BACKGROUND: This report presents the annual review of the reimbursable rate per kilometre for employees who use their personal vehicles on behalf of the City. This annual review is used to account for the changes in costs so as to ensure equity in the reimbursable rate. The Canadian Automobile Association (CAA) methodology, used in their publication "Driving Costs", has been used to arrive at the reimbursable rate (attached). Both fixed costs and variable costs were determined and incorporated in the calculation of the kilometrage rate (attached). Fixed costs refer to annual vehicle costs such as depreciation, financing (interest), insurance premium, license and registration fees and taxes. Depreciation cost is the difference between the cost of a new car and the trade-in value of a similar 4-year-old car. New car costs were obtained from automobile dealers in the Niagara Region using equivalent options packages. Details on standard and optional features and an average price are provided in Appendix 1. Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems · Legal · Planning & Development June 14, 2004 - 2 - F-2004-38 The yearly insurance premium is a major cost item. Coverage was obtained assuming a typical married person over the age of 25 with a clean driving record. Financing costs is based on an average automobile loan rate quoted from the City's bank. A loan rate of approximately 7.25% was obtained. Data for the remaining variables used to calculate the kilometrage rate was obtained from the most recent CAA publication "2004 Driving Costs". Total fixed costs amounted to $6,805 for the year or approximately $0.284 per kilometre. Variable costs relating to fuel and maintenance amounted to $0.116 per kilometre. The resulting kilometrage reimbursable rate is $0.40 per kilometre (a detailed breakdown is shown in Appendix 2). This represents a 0.76% increase over the approved rate of $0.397 in 2003 and in terms of budgetary impact, the proposed rate increase is less than the normal inflationary increase that would have been incorporated into the 2004 budget for mileage costs. Conclusion: Staff recommends that the reimbursable kilometrage rate payable to the City employees who use their personal automobiles on City business be established at $0.40 per kilometre. Recommended by: Respectfully subrn~itted: ? K.E. Burden //Sohn MacDonald Director of Finance ///Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services DRIVING COSTS 2(i AVERAG i ANN .IA £)1 E],^'IIN C ,' .' ~,,madian Automobile Association ' based on 18,000 km driven annual,.; The Canadian Automobile Association's Driving Costs and operate your vehicle eacb year. Tbe national averages Cavalier z24 Caravan and approximate driving costs provided will help you Fuel* ~ 7-31¢ 8.5I~ ~ 2004 Edition The information contained in this brochure is not Th.cs 1.65e 1.43¢ intended to calculate the cost of operating business TOTAL I I.~ 12.95~ tioIl regarding their services, line prices. Costsfigures reflect average cos[s of a ye]fide operat- ing pr/madly under stop-an&go driving conditions, based on 18,000 km drive~ annually Costs are weigbted by the population of each province, O~ership Costs ~xed) Cost per Year in order to establish a nationwide composite average value. All costs are calcolated on figures available as of Cavalier Z24 Caravan VEHICLE EXPENSES ~p~,d~tlo,¢~ $4,37000 $4,762.00 Operating Costs: These are variable costs ~ they may ANNUAL TOTAL $6.993.00 $7,479.00 change depending on where you live, how you drive, AMOUNT PER DAY $19.17 $20.49 and depreciation. Fixed costs may differ from vehicle to . $1.000,000 Inclusive Third Part y Liability (total i,surance cost ) vehicle ~d place to place, but they change little with the Please consult with your insurance professional for od~er options. NATIONAL AVERAGE COSTS ,n3.00 for th, c~,~,, ~,~, tho,,~,,,~ ~ho,,U U~ ~,00~ to ,t,, n~d Cavalier Z24 four-door sedan ~ 2.4 litre 4 cylinder, as Both vehicles are equipped with standard and optional accessories, including automatic transmission, power ANNUAL DBIVING CO~I o steering, power disc brakes, AM/FM stereo, rear win- The amouot of driving has a direct relationship to d~e cost dow defroster, speed control, tilt steering wheel, engine per kilometre of driving. Using the Runzhehner figures in block heater, and hea~-duty battery. We have assumed the preceding table, you can expect the following approxi an annual driving distaoce of 18,000 ldlometres, mate costs, based oo the number of kJlometres driven: ANNUAL DRIVING COSTS about 1.65 cents for tbe Cavalier Z24 and h43 cents for tire ¥OUI:I VEHICI_E/X, ND YO ff;l based on the Cavalier Z24 Caravan. A new set nf tires can cost u.p to $725. This is nn Kilometres Annual Annual average cost using Cavalier and Caravan tires. While ilUllly firms Ct)l] fillll(.! I() provide ca~ s to thcil buxi ness D'avellers, growing numbc, s have their employees Driven Operating Ownership Cost per Ownership Costs pet Year Costs (variable)Costs (.fixed)Total ~st Kilometre nsc personally-provided cars on company business. 12,000 km $1,~80.00 $6,997.05 $8,377.05 69.8¢ Insurance: 'ih determine insurance costs, simply add Companies use three p~ imary methods to reimbm se a~ I~,0~0 km $1,840.00 $6,997.05 $8,837.05 55.2¢ the preminms of all policies directly related Io vehicle cml)Joycc for hnsiness trsc of (lie pc~sona[ w:hiclc. 18,000 ~ $2,070.00 $6,997.05 $9,067.05 50.4¢ operation. Flat kilometrage reimbursement: Many companies 24,000 ~n $2,760.00 $7,807.05 $10,567.05 44.0¢ Liceuce, Registratiou & T~es: Licence and registration give a flat allowance per kilometre, plus reimbursement 32,000 km $3,680.00 $8,887.05 $12,567.05 39.3¢ fees are an annnaI expeuse. Federal and provincial taxes for certain other charges, such as tolls and parking. Thc A~UAL DRIVING COSTS. : paid when purchasing a vehicle should also be considered principal advantage of the fiat kilometrage cost system based on the Caravan an auunal fixed cost. They should be pro-rated over the is ]ts simplicit% It invo yes: a minimum of bookkeeping Kilometres ~mual Annual actual life of the vehicle. For example, if you intend to and office control. The major disadvantage is that it Driven Operating Ownership Cost per keep your vehicle for four years, divide tile total amount inaccurate and results in overpayment or tmderpayment per Year Costs (~adable) Costs ~ed) ~ Total Cost ~lometre of t~ by four in order to determine an annual cost. Taxes compared to the costs actually incurred by the drivers. 12,000kin $1,554.00 $7,478.85 $%032.85 75.3¢ paid on leases are paid lnonthly. To calculate annnal 16,000 km $2,072.00 $7,478.85 $9,550.85 59.7¢ leasing taxes, multiply monthly t~ by 12. FNed periodic reimbursement: Some companies reim- burse drivers with a flat dollar factor pe~ day, per week IS,000~n $2,331.00 $7,478.85 $9,809.85 54.5¢ Depreciation: Depreciation is the difference between or per month. It, too, is iuaccurate and ~esults m over- 24,000 km $3,108.00 $8,156.85 $11,264.85 46.9¢ what you paid for your vehicle and its selling price. To payment and underpayment compared to actual costs. 32,000 km $4,144.00 $9,060.85 $13,204.85 41.3¢ determine your anoual depreciation expense, snbtract the estimated trade4n value of your car from the Antomohile standard costs: Some companies such as HOW TO CALCULATE YOUfl OW~ purchase price and divide by tfie number of years yon Runzheimcr lutcrnalional 3~rovide services to accurately VEHICLE EXPENSES expect to own the car. A good way to estimate trade-in measure costs of transportation, taxes, meals, goods aod Operaling Costs value is to study used car ads. services, lodging and housiog. Under the transpo~ tation service, employees receive ii~dividualized rates, which are Gas: To determine gas costs, start with a ~fll tank of gas, KI!EPIN(; I'I{ACK O[: YOt~R O5¥N VEI~I(:[I~ t:OSIS the basis of accurate rein~btuscment of car expenses. record the odometer reading, and drive until the tank is (u,e explam~tions o~ pre~dous p~ge to help you~ll it~ cbm t) almost erupt% (It is important to conduct the test under Expense ltem Cost If you operate your own company and often use yom personal vehicle for business purposes, you may be able driving conditions you normally encounter.) Then fill up Depreciated value of your car + once again. Divide the number of ~lometres d~iven since Insurance + to write off some of your annual driving costs as bnsi- ness expenses. For complete details on tax deducfibility the start of the test, by ~e number oflitres required to fill Taxes + and vehicle use for business purposes, we encourage you the tank. The result.., the number of Mlometres per litre Licensee and registrafion + to seek the advice of a professional accountant or your car is getting. Repeat the test for greater accuracy. Finance charges + tact the Canada Cnstoms aud Revenue Agency. Total Fixed Cost~ Maintenance: Proper maintenance affects the life ofyour Gas and oi[ per kilometre CAA bases Driving Casts on data provided by vehicle, your fuel economy and your safety. Neglecting Number o~kilometresdriven x Runzhciu~er lutcrm~lional Inc., a management con- repairs and maintenance wiIl show up eventually as Cost peryear = sulting firm dealing in business vehicle allowance increased depreciation. The best way to determine your Maintenance + programs and fleet consulting semites across Nm-th maintenance costs is to keep a record of expenses. If you Ti~es + America. Founded in 1933, tbe firm serves more than haven't kept a record, then estimate costs at an average of Totalva~able costs = 1,000 business and governmeut agencies worldwide. 2.59 cents per ~lometre driven ~ an average developed The Runzhcimcr Plan of Anlomobilc Sland~,'d for a standard sub<ompact (Cavalier Z24) with only Tolal fixed ~o~ts form the hasis fi)r the reimbursen~cnt of car expenses routine maintenance (3.01 cents for the Caravan). Total variable costs + to 260,000 client employees. For more information call: Misc. costs (car washes etc.) + 1-800-263 8762 or visit www.~ tmzhcll~lcl.com. Tkes: How and where you drive has a significant effect on Total driving costs tire costs. High speeds, low ti~c inflation, hard cornering, Number ofkilometra arlven + rapid acceleration ~d quick stops all contribnte to fast tire TOTAL COST PER KILOMETRE wear. The average wear and tire cost per ~ometre is (Total driving costs divided by kilo. 4rive~O Appendix 1 2004 Chevrolet Cavalier VLX four door sedan Standard and Optional features including: Tires P195/65R15 ail season touring b[ackwall Engine 2.2 litre, DOHC "Ecotec" 4 cylinder Transmission 4-speed automatic Steering power, rack & pinion Brakes power, front disc/rear drum 4 wheel anti-lock brake system Battery rundown protection Tilt steering wheel Cruise Control Remote keyless entry w/content theft system Power door locks Power windows Air conditioning Dealers Contacted Price Leggat Chevrolet Olds $22,178 David Chevrolet Olds $22,175 Brian Cullen Motors $22,021 AVERAGE PRICE $22,125 Prices include freight and taxes Appendix 2 Analysis of Vehicle Costs and Reimbursement Rate for 2004 Annual Costs 1 FIXED COSTS [a] Annual vehicle costs - depreciation New car cost $22,125 Trade-in (similar 4 year old car) $7,308 Depreciation over 4 years $14,817 Annual depreciation $3,704 [bi Financing $686 Auto Loan (20% downpayment 4 year loan) Interest cost @ 7.25% [c] Insurance $2,321 - full business use - deductible comprehensive at $300 - deductible collision at $300 - third party liability at $1,000,000 [dj License Sticker and Plate Registration $94 TOTAL FIXED COSTS PER YEAR $6,805 FIXED COST PER KILOMETRE (based on 24,000 kin/year) 28.4 cents 2 VARIABLE COSTS (cents per kilometre) [a] Gasoline and oil 7.31 [bi Maintenance 2.59 [c] Tires 1.65 VARIABLE COST PER KILOMETRE 11.6 cents 3 CALCULATED 2004 REIMBURSEMENT RATE PER KILOMETRE 40.0 cents APPROVED 2003 REIMBURSEMENT RATE PER KILOMETRE 39.7 cents PERCENTAGE CHANGE 0.76% Corporate Services Department F-2004-39 · ,~a~ Finance Division Kenneth E. Burden 1'he City of 4310 Queen Street Director Niagara FallsJJ~llJLr P.O. Box 1023 Canada ~~'Niagara Falls, ON L2E 6X5 ~TI~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-20'J 6 E-maih kburden@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-39 - GST Rebate RECOMMENDATION: That the attached GST Rebate Report be received for information purposes. BACKGROUND: On May 14, 2004, Bill C-30 received Royal Assent in Parliament. This Bill, in part, revised the amount of GST rebates municipalities are eligible to receive from 57.14% to 100%, effective February 1, 2004. The impact will be a reduction to the cost of purchased materials and contract services. For the period February 1 to May 31, 2004, the City has claimed only the 57.14% rebate. An additional rebate of 42.86% is expected for this period. This additional rebate will reduce the expense accounts where the purchases were recorded. On June 1, 2004, the City computer system was updated to calculate the 100% rebate on purchased materials and contract services. The rebate claims from this date forward will be submitted for the 100% rebate. Respectfully submitted: K. E. Burden ~~~'onald Director of Finance iv/ Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems Legal Planning & Development Corporate Services Department F-2004-40 . ,~,~ Finance Division Kenneth E. Burden The City of ~j~ 4310 Queen Street Director Niogoro F(]IIS !J~ll~ P.O. Box 1023 Canada ~J~ Niagara Falls, ON L2E 6X5 ~Jrl~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden @city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-40 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $21,863,813.22 for the period ending June 14, 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: K. E. Burden /// Chief Administrative Officer Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development CZTY OF N~'AGARA FALLS 111eC~/ol ~i AP5200 Page: ., - MUNICIPAL ACCOUNTS Nm ro Supplier Name Cheque No Cheque Date Purpose Amount 1093886 ONTARIO INC 284392 25-May-2004 REFUND 3,064.87 1184538 ONTARIO LIMITED 284125 18-May-2004 REFUND 5,000.00 1397878 ONTARIO LIMFFED 284393 25-May-2004 REFUND 1,349.98 2010 STEAM LTD 284416 01-]un-2004 CONTRACT SERVICES 3,531.00 407 ETR EXPRESS TOLL ROUTE 283841 04-May-2004 REMITTANCE 123.31 407 ETR EXPRESS TOLL ROUTE 284126 18-May-2004 REMrI-rANCE 13.01 407 ETR EXPRESS TOLL ROUTE 284526 08-Jun-2004 REMITTANCE 48.01 504802 ONTARIO INC O/A JC3 CONTRACTING 283842 04-May-2004 CONTRACT SERVICES 1,094.26 504802 ONTARIO INC O/A ICJ CONTRACTING 284527 08-]un-2004 CONSULTING SERVICES 2,747.63 603815 ONTARiO LIMITED 284394 2S-May-2004 REFUND 27,368.67 912625 ONTARiO LIMI'TED 284528 08-Jun-2004 MAINTENANCE AND REPAIRS 53.50 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAIN 284417 01-Jun-2004 MAINTENANCE AND REPAIRS 2,300.00 942382 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 283979 11-May-2004 MATERiALS 128.34 942352 ONTARiO LIMITED O/A 8RiSK ALL GLASS & SAFETY SI 284418 01-1un-2004 MATERiALS 2,213.02 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 284529 08-]un-2004 MAINTENANCE AND REPAIRS 131.61 984265 ONTARiO LIMITED 284530 08-~un-2004 CONTRACT SERVICES 98,098.49 A B C RECREATIONAL LTD 284127 18-May-2004 MATERIALS 4,996.41 ABLE PRiNTING INC 284395 2S-May-2004 REFUND 4,352.02 ACCU LOCK AND SECURITY 283843 04-May-2004 MATERIALS 79.18 ACCU LOCK AND SECURITY 284297 25-May-20C4 MAINTENANCE AND REPAIRS 1,614.20 ACCU LOCK AND SECURITY 284531 08-Jun-2004 MAINTENANCE AND REPAIRS 110.21 ACTION CORPORATION 283980 11-May-2004 MATERIALS 4,129.22 ACTION CORPORATION 284532 08-]un-2004 MATERiALS 1,811.65 ADT SECURITY SERVICES CANADA INC 284129 18-May-2004 CONTRACT SERVICES 64.20 ADVANCE TOWING 283981 11-May-2004 CONTRACT SERVICES 545.70 AFFILIATED CUSTOMS BROKERS LTD 284533 08-~un-2004 MATERIALS 43.96 AIR CARE SERVICES 283982 11-May-2004 MAINTENANCE AND REPAIRS 773.26 AIR CARE SERVICES 284130 18-May-2004 MAINTENANCE AND REPAIRS 902.84 AIR CARE SERVICES 284298 2S-May-2004 MAINTENANCE AND REPAIRS 243.16 AIR LIQUIDE CANADA ]NC 284131 18-May-2004 MATERIALS 86.25 ALBANESE, LORI 283984 11-May-2004 ADMINISTRATIVE 61.53 ALBANESE,LORI 284534 08-]un-2004 ADMINISTRATIVE 132.59 ALESSANDRINE,LOUISE 284535 08-]un-2004 MATERIALS 15.00 ALFIDOME CONSTRUCTION 284419 01-3un-2004 LEASES AND RENTS 2,225.97 ALFRED BEAM EXCAVATION LTD 284132 18-May-2004 CONTRACT SERVICES 5,000.00 ALL GREEN IRRIGATION 284421 01-3un-2004 MATERiALS 616.43 ALL STAR FIRE PROTECTION SERVICES INC 284134 18-May-2004 MATERIALS 37.38 ALL STAR FIRE PROTECTION SERVICES INC 284537 08-Jun-2004 MATERIALS 257.34 ALLAN,SANDRA 284536 08-3un-2004 MATERIALS 15.00 ALLAN FYFE EQUIPMENT LTD 284133 18-May-2004 EQUIPMENT 18,300.02 ANELLO,CATHY 284422 01-3un-2004 ADMINISTRATIVE 137.65 ANGER, RONALD 284538 08-]un-2004 MATERiALS 15.00 ANNEX PUB & PRINTING INC BOOK DIVISION 283844 04-May-2004 MATERiALS 208.01 ANTONIO,CHUCK 283985 11-May-2004 ADMINISTRATIVE 23.82 ANTONIO,CHUCK 284135 18-May-2004 ADMINISTRATIVE 26.20 AQUICON CONSTRUCTION CO LTD 284136 18-May-2004 CONTRACT SERVICES 564,638.90 ARAMARK REFRESHMENT SERVICES 284423 01-3un-2004 SUPPLIES 195.27 ARCHER TRUCK SERVICES LTD 284299 25-May-2004 MATERIALS 769.19 ASSOCIATED FIRE EQUIPMENT RESEARCH 284137 18-May-2004 MATERIALS 224.25 AUTOGRAPHIX 284138 18-May-2004 MATERIALS 368.13 AUTOLAND CHRYSLER LTD 284300 25-May-2004 MAINTENANCE AND REPAIRS 4,003.05 B & B LIFT TRUCK SERVICE 283987 Il-May-2004 MAINTENANCE AND REPAIRS 13,512.50 BANK OF MONTREAL 283846 04-May-2004 REFUND 355.00 BARBISAN,PETER 284539 08-~un-2004 REMIq~-ANCE 110.00 BARCLAY &TODD'S 284540 08-Jun-2004 SUPPLIES 127.50 8ARDON SUPPLIES-ST CATHARINES 284301 25-May-2004 MATERIALS 723.86 BARDON SUPPLIES-ST CATHARINES 284541 08-Jun-2004 MATERIALS 3,080.99 BATEMAN,DOLORES 283847 04-May-2004 ADMINISTRAI~VE 84.00 BATEMAN,DOLORES 284542 08-Jun-2004 MATERIALS 18.00 C~[TY OF NZAGARA FALLS ~le C~ 0~ /b, APS200 Page: 2 MUNICIPAL ACCOUNTS FoI JJJ j Supplier Name Cheque NO Cheque Date Purpose Amount BATEMAN,DOLORES 284543 08-3un-2004 ADMINISTRATIVE 78.00 BBP ENTERPRISES 283988 Il-May-2004 MATERIALS 1,500.00 BCE EMERGI8 INC 283848 04-May-2004 UTIUTIES 64.55 BCE EMERGIS INC 284139 18-May-2004 UTILITIES 75.25 BCE EMERGIS INC 284302 25-May-2004 U1/LIq/ES 64.55 BCE EMERGIS INC 284424 01-3un-2004 UTILITIES 75.25 BEAULtEU,3ULIml I~ 284544 08-3un-2004 MATERIALS 15.00 BEAUPIT, GARY 284545 08-3un-2004 MATERIALS 15.00 BELAIR RECREATIONAL PRODUCTS INC 283989 Il-May-2004 MATERIALS 510.03 BELL CANADA 283849 04-May-2004 UTILITIES 102.18 BELL CANADA 283850 04-May-2004 UTILF~ES 277.03 BELL CANADA 283852 04-May-2004 MAINTENANCE AND REPAIRS 7,882.12 BELL CANADA 284303 2S-May-2004 UT[Ltl/ES 11,685.48 BELL CANADA 284425 01-3un-2004 UTILITIES 500.26 BELL CANADA 284426 01-3un-2004 UTILITIES 115.00 BELL CANADA 284546 08-3un-2004 UTILITIES 341.05 BELL CANADA 284547 08-3un-2004 UTILrlqES 57.50 BELL CANADA 284548 08-3un-2004 UTILITIES 277.03 BELL CANADA 284549 08-Jun-2004 UTILITIES 11,254.91 BELL MOBIL_trY 284141 18-May-2004 UTILITIES 1,062.11 BELL WIRELESS ALLIANCE 284551 08-3un-2004 UTII.]TIES 536.64 BELLEFONTAIN E,MARGARET 284550 08-3un-2004 MATERIALS 15.00 BEN BERG FARM & INDUSTRIAL EQUIPMENrF LID 284552 08-3un-2004 MATERIALS 3,402.03 BENNETT, CATHERINE 284553 08-3un-2004 MATERIALS 15.00 BERTIE PRINTERS LTD 284142 18-May-2004 MATERIALS 243.80 BERTONE,3OHN 284554 08-3un-2004 REFUND 750.00 BERTONE, PAT 284555 08-3un-2004 REFUND 750.00 BETT~S RESTAURANT 283853 04-May-2004 ADMINISTRATIVE 275.83 BETTY'S RESTAURANT 284143 :LB-May-2004 ADMINISTRATIVE 260.00 BILL DAVIS 284557 08-3un-2004 CONSULTING SERVICES 577.80 BISHOP,TOM 283990 il-May-2004 MATERIALS 500.00 BITNER, LAURIE 283855 04-May-20C4 ADMINISTRATIVE 132.15 BODKdN LEASING 283991 11-Ma¥-2004 LEASES AND RENTS 435.83 BOIJBRUCK, BOB 283992 11-May-2004 ADMINISTRATIVE 156.42 BOONE,GORDON 283993 11-May-2004 REFUND 80.47 BORDEN LADNER GERVAIS 284427 01-1un-2004 CONSULTING SERVICES 3,897.84 BOYLE,T 283994 11-May-2004 MAINTENANCE AND REPAIRS 100.00 BOYS & GIRLS CLUB OF NIAGARA 283995 11-May-2004 GRANT 15,991.67 BOYS & GIRLS CLUB OF NIAGARA 284559 08-1un-2004 MATERIALS 1,797.60 BRADT, CHARLIE 284560 08-1un-2004 REFUND 750.00 BRETHERIC,JAMES 284561 08-3un-2004 MATERIALS 15.00 BRIANT, ROBERT 284562 08-]un-2004 MATERIALS 15.00 BRINKS CANADA LTD 284304 25-May-2004 CONTRACT SERVICES 821.81 BRI'TISH AUTO SUPPLY 284563 08-]un-2004 MATERIALS 1,353.74 BROUGH,3OHN 283996 il-May-2004 MATERIALS 120.00 BRYCE,ANDREW 283997 11-Ma¥-2004 MATERIALS 123.92 BUNTIN REID 283858 04-May-2004 SUPPLIES 1,965.11 BUNTIN REID 283998 il-May-2004 SUPPLIES 324.24 BUNTIN REID 284429 01-3un-2004 SUPPLIES 648.28 BUNTIN REID 284564 08-3un-2004 SUPPLIES 58.72 BURKE,ALICE 284565 08-3un-2004 MATERIALS 15.00 BURKE, PATRICK 283859 04-May-2004 MATERIALS 140.56 BURKE, PATRICK 284430 01-3un-2004 MATERIALS 129.24 BURNSTAND 284144 18-May-2004 MATERIALS 5,725.34 C N WATSON AND ASSOCIATES LTD 283871 04-May-2004 CONSULTING SERVICES 2,122.35 C N WATSON AND ASSOCIATES LTD 284009 11-May-2004 CONSULTING SERVICES 6,804.93 C N WATSON AND ASSOCIATES LTD 284585 08-3un-2004 CONSULTING SERVICES 9,583.71 C-MAXTRANSPORTATION EQUIP 284584 08-3un-2004 MATERIALS 3,250.66 CAN AM INSTRUMENTS LTD 284431 01-3un-2004 EQUIPMENT 2,139.00 CZTY OF NZAGARA FALLS ~e City 0f ~ll~, AP5200 Page: 3 MUNICIPAL ACCOUNTS Nm a Supplier Name Cheque No Cheque Date Purpose Amount CANADA LAW BOOK 283999 11-May-2004 MATERIALS 93.89 CANADIAN DOOR DOCTOR 283860 04-May-2004 MAINTENANCE AND REPAIRS 347.75 CANADIAN DOOR DOCTOR 284305 25-May-2004 MAINTENANCE AND REPAIRS 1,068.93 CANADIAN DOOR DOCTOR 284432 01-3un-2004 MAINTENANCE AND REPAIRS 1,189.31 CANADIAN DOOR DOCTOR 284566 08-Jun-2004 MAINTENANCE AND REPAIRS 684.27 CANADIAN LEAK DETECTION 283861 04-Ma¥-2004 CONTRACT SERVICES 401.25 CANADIAN LEAK D~TECTION 284145 18-May-2004 MAINTENANCE AND REPAIRS 401.25 CANADIAN LEAK DETECT[ON 284433 01-3un-2004 MAINTENANCE AND REPAIRS 802.50 CANADIAN LINEN AND UNIFORM SERVICE 283862 04-May-2004 MATERIALS 129.36 CANADIAN LINEN AND UNIFORM SERVICE 284000 11-May-2004 MATERIALS 274.50 CANADIAN LINEN AND UNIFORM SERVICE 284146 18-May-2004 MATERIALS 21.42 CANADIAN LINEN AND UNIFORM SERVICE 284306 25-May-2004 MATERIALS 63.92 CANADIAN LINEN AND UNIFORM SERVICE 284434 01-3un-2004 MATERIALS 244.60 CANADIAN NATIONAL 284435 01-3un-2004 CONTRACT SERVICES 2,836.62 CANADIAN PACIFIC RAILWAY CO 284001 il-May~2004 CONTRACT SERVICES 877.35 CANADIAN PACIFIC RAILWAY CO 284567 08-]un-2004 CONTRACT SERVICES 877.35 CANTEC SECURITY SERVICES 284002 1 L-May-2004 CONTRACT SERVICES 559.40 CAPITANO, ROB 283863 04-May-2004 ADMINISTRATIVE 40.93 CAPITANO, ROB 284147 18-May-2004 ADMINISTRATIVE 128.13 CAPITANO, ROB 284307 25-May-2004 ADMINISTRATIVE 80.00 CARL BRAY & ASSOC LTD 284339 25-May-2004 CONTRACT SERVICES 4,532.93 CARL BRAY & ASSOC LTD 284436 01-3un-2004 CONTRACT SERVICES 16,138.49 CARRIERE,RYAN 284003 Il-May-2004 REFUND 125.00 CARSWELL 284004 il-May-2004 MATERIALS 136.00 CARSWELL 284569 08-3un-2004 MATERIALS 95.34 CARTER CAR & TRUCK RENTALS 283865 04-May-2004 LEASES AND RENTS 723.35 CARTER CAR & TRUCK RENTALS 284437 01-3un-2004 LEASES AND RENTS 723.35 CARTER LEASE & RENTALS INC 284570 08-3un-2004 REMFITANCE 57.58 CASHWAY BUILDING CENTRES 284571 08-3un-2004 MATERIALS 105.74 CASTRILLI,3OH N 284572 08-3un-2004 ADMZNISTRATIVE 201.67 CATARACT SAVINGS & CREDIT UNION 284573 08-3un-2004 REFUND 750.00 CENTENNIAL CONSTRUCTION 284149 18-May-2004 CONTRACT SERVICES 30,943.63 CENTENNIAL CONSTRUCTION 284574 08-3un-2004 CONTRACT SERVICES 3,584.03 CENTURY VALLEN 284308 25-May-2004 MATERIALS 113.46 CERIDIAN LIFEWORKS SERVICES 284309 25-May-2004 CONTRACT SERVICES 2,253.42 CERTIFIED GENERAL ACCOUNTANTS OF ONTARIO 284310 25-May-2004 ADMINISTRATIVE 467.90 CHAMBERS, MARIBETH 284575 08-]un-2004 MATERIALS 15.00 CHARETTE,3ERRY 284576 08-3un-2004 MATER]ALS 15.00 CHARLES 3ONES INDUSTRIAL LTD 283867 04-May-2004 MATERIALS 425.28 CHARLES 3ONES INDUSTRIAL LTD 284006 Il-May-2004 MATERIALS 419.54 CHARLES 3ONES INDUSTPJAL LTD 284151 18-May-2004 MATERIALS 507.77 CHARLES 3ONES INDUSTRIAL LTD 284311 25-May-2004 MATERIALS 12.99 CHARLES 3ONES INDUSTRIAL LTD 284438 01-3un-2004 MATERIALS 1,546.64 CHARLES 3ONES INDUSTRIAL LTD 284577 08-3un-2004 MATERIALS 152.86 CHAYTON,]ASON 284578 08-3un-20CH ADMINISTRATIVE 57.84 CHIEF BUILDING OFFICIALS NIAGARA 283868 04-May-2004 ADMINISTRATIVE 60.00 CHIME FX 284152 18-May-2004 MATERIALS 25.00 CHIPPAWA LIONS CLUB 284312 25-May-2004 GRANT 26,700.00 CHUNG,SIU-HUNG 284579 08-3un-2004 REFUND 20.00 CIBC 284313 25-May-2004 REFUND 152.28 CIBC 284439 01-3un-2004 REFUND 412.27 CIT FINANCIAL LTD 284153 18-May-2004 LEASES AND RENTS 341.87 CITICORP VENDOR FINANCE LTD 283869 04-May-2004 LEASES AND RENTS 2,033.78 C~IqCORP VENDOR FINANCE LTD 284580 08-3un-2004 LEASES AND RENTS 13,840.78 CITY OF NIAGARA FALLS 283837 29-Apr-2004 REMITTANCE 31,182.41 CITY OF NIAGARA FALLS 284007 11-May-2004 MATERIALS 108,076.28 CITY OF NIAGARA FALLS 284314 25-May-2004 ADMINISTRATIVE 1,621.20 CITY OF NIAGARA FALLS 284396 2S-May-2004 REMITFANCE 25,035.86 CLASS A FIRE & RESCUE 284008 Il-May-2004 MATERIALS 522.93 CITY OF NIAGARA FALLS ~eC~yo{ J~ APS2OO Page : 4 MUNICIPAL ACCOUNTS r ,r qlIi1 Supplier Name Cheque No Cheque Date Purpose Amount CLASS A FIRE & RESCUE 284315 25-Ma¥-2004 MATERIALS 264.26 CLASS A FIRE & RESCUE 284581 08-3un-2004 MATERIALS 419.23 CLAYDON,3EFF 284340 25-May-2004 ADMINISTRATIVE 53.60 CLAYDON,]EFF 284582 08-3un-2004 ADMINISTRATIVE 166.74 CLENDENNIN,ROBERI 284583 08-3un-2004 MATERIALS 15.00 CLEVELAND, NANCY 283870 04-May-2004 MATERIALS 230.00 COCCIMIGLIO,VALENllNO 284154 18-May-2004 ADMINISTRATIVE 447.79 CODE 4 FIRE & RESCUE INC 284010 11-May-2004 EQUIPMENT 17,441.00 CC)GECO CABLE CANADA INC 283872 04-May-2004 UTILIT[ES LSE.05 COGECO CABLE CANADA INC 284011 11-May-2004 U/II_IT[ES 361.19 COGECO CABLE CANADA INC 284155 18-May-2004 UTILITIES 152.77 COGECO CABLE CANADA INC 284316 25-May-2004 UTILITIES 48.10 COGECO CABLE CANADA INC 284586 08-3un-2004 UT[LrrIES 268.00 COLE'S JEWELERS 284440 01-3un-2004 MATERIALS 64.40 COLET LABELGRAPHIX 284156 18-May-2004 MATERIALS 212.18 COLLINS SAFETY O/A 3077225 CANADA INC 284013 11-May-2004 MATERIALS 230.00 COLLINSON,3ACK 284014 11-May-2004 ADMINISTRATIVE 22.23 COLLINSON,3ACK 284157 18-May-2004 ADMINISTRATIVE 26.99 COMMISSIONAIRES 284015 II-May-2004 CONTRACT SERVICE5 1,486.02 COMMISSIONAIRES 284317 25-May-2004 CONTRACT SERVICES 14,194.11 COMMISSIONAIRES 284441 01-3un-2004 CONTRACT SERVICES 18,572.55 COMMUNITY RESOURCES CENTRE 284158 18-May-2004 LEASES AND RENTS 471.50 CONAGRA FOODS 284159 18-May-2004 REFUND 91,726.17 CONCEP/IX CREA/ION8 284160 18-May-2004 MATERIALS 50.00 COOLIGAN,SHAWN 284588 08-3un-2004 MATERIALS 27.95 COPYMAN PRINT SHOP 284016 il-May-2004 MATERIALS 27.60 COPYMAN PRINT SHOP 284443 01-1un-2004 SUPPLIES 23.00 CORSINI,GUY 284017 Il-May-2004 ADMINISTRATIVE 282.93 COSTELLO, BRIAN 284018 11-May-2004 ADMINISTRATIVE 355.32 COSTELLO, BRIAN 284589 08-3un-2004 ADMINISTRATIVE 225.89 co'rfON INC 284161 18-May-2004 MATERIALS 620.50 COURTOI5 & MATHER CREA/IVE INC 283873 04-May-2004 MATERIALS 1,872.50 COUTU,CRAIG P 284591 08-3un-2004 REFUND 500.00 COWL/SHAW,CAROL 284592 08-3un-2004 MATERIALS 27.94 CRAIN,SCO'CI' PNILLIP& BOUCHARD, AMANDA 284444 01-3un-2004 REFUND 1,568.73 CRAMARO TARPAULIN SYSTEMS 284163 18-May-2004 MATERIALS 253.00 CRAWFORD AD3USTERS CANADA INCORP 284445 01-3un-2004 ADMINISTRATIVE 2,391.20 CRAWFORD AD3USTERS CANADA INCORP 284593 08-3un-2004 REM[f/ANCE 445.90 CRISYS LTD 284164 lB-May-2004 MATERIALS 984.40 CRTTELLI,LUIGI 284594 08-3un-2004 REFUND 750.00 CUPE LOCAL 133 283875 04-May-2004 REMI'I-FANCE 3,086.00 CUPE LOCAL 133 284019 il-May-2004 REMI'CFANCE 3,125.46 CUPE LOCAL 133 284165 18-May-2004 REMITTANCE 3,202.04 CUPE LOCAL 133 284397 2S-May-2004 REMrI-FANCE 3,231.17 CUPE LOCAL 133 284446 01-3un-2004 REMrlTANCE 3,240.80 CUPE LOCAL 133 284595 08-3un-2004 REMrrrANCE 3,262.51 CUPIC, STANKA 284318 25-May-2004 REFUND 25.00 CYBERBAHN 283876 04-May-2004 MATERIALS 500.00 DALKE,DORIS 284596 08-3un-2004 MATERIALS 15.00 DAN SORENSEN ELECTRICAL 284597 08-3un-2004 REFUND 94.00 DARRALL, BOB 283877 04-M@y-2004 ADMINISTRATIVE 26.20 DAVID SCHRAM & ASSOCIATES 284447 01-3un-2004 CONSULTING SERVICES 9,432.41 DAWDY,LLOYD 284598 08-3un-2004 MATERIALS 15.00 DECARIA, RON 284448 01-3un-2004 ADMINISTRATIVE 139.98 DEGIORGIO,DOMENIC 283878 04-May-2004 MATERIALS 500.00 DEGIORGIO,KAREN 284020 il-May-2004 LEASES AND RENTS 1,500.00 DELCAN CORPORATION 284166 18-May-2004 CONSULTING SERVICES 5,872.96 DELL COMPUTER CORPORATION 283879 04-May-2004 EQUIPMENT 19,653.50 DELL COMPUTER CORPORA/ION 284167 18-May-2004 EQUIPMENT 31,442.11 CZTY OF Nt'AGARA FALLS ]~eCi~oI ~ APS200 Page : 5 ,,, -- M U NICIPAL ACCOUNTS N o oro FoI IJ 'Conodo Supplier Name Cheque No Cheque Date Purpose Amount DELL COMPUTERCORPORAT[ON 284290 19-May-2004 EQUIPMENT 12,355.46 DELPHI 283880 04-May-2004 MATER]ALS 3,478.34 DELPHI 284168 18-May-2004 MATER]ALS 575.00 DEMOL'S TIRE SALES & SERVICE 284169 18-May-2004 MATERIALS 3,882.61 DESIGN ELECTRONICS 283881 04-May-2004 MATERIALS 496.20 DESIGN ELECTRONICS 284319 25-May-2004 EQUIPMENT 794.65 DIEBOLD ELECI~ON SYSTEMS INC 284320 25-May-2004 MATEP,[ALS 4,960.28 DIG[ACOMO & AS,SOCrATES 284170 18-May-2004 REFUND 110.00 DIODAT[,DOMENIC 284599 08-Jun-2004 MATER[ALS 15.00 DISTRICT SCHOOL BOARD OF NIAGARA 283836 28-Apr-2004 MATER[ALS 64.20 DOUGLAS,.1AMIE 284341 25-May-2004 ADMINISTRATIVE 121.08 DOWNTOWN BOARD OF MANAGEMENT 284321 25-May-2004 REMll-FANCE 50,000.00 DREN,KARL 283883 04-May-2004 ADMINISTRATIVE 127.04 DREN,KARL 284449 01-3un-2004 REFUND 11.26 DREW CANADA 283884 04-May-2004 CONTRACT SERWCES 296.66 DREW CANADA 284450 01-3un-2004 CONTRACT SERVICES 625.56 DRUCE,MARY 284600 08-3un-2004 REFUND 750.00 DUERKSEN,ANGELA 284023 11-M~ ~-2004 ADMINISTRA'r]VE 445.71 DUFFER[N CUSTOM CONCRETE GROUP 283885 04-Ma ,-2004 MATER[ALS 3,783.96 DUFFER[N CUSTOM CONCRETE GROUP 284171 18-Ma ,-2004 MATER]ALS 4,108.95 DU3LOV]C, ED 284172 18-Ma ,-2004 MATER[ALS 45.94 DYNATEC CORPORATION 284173 18-Ma ,-2004 MATER[ALS 2,608.78 E3 LABORATORIES 284322 25-Ma ,-2004 CONTRACT SERVICES 834.60 EARTH TECH CANADA INC 283886 04-Ma ,-2004 CONSULTING SERVICES 4,280.00 EARTH TECH CANADA INC 284174 18-Ma ,-2004 CONSULTING SERWCES 5,895.70 ELECTRONIC DATA COLLECTION CORP 284323 25-May-2004 EQUIPMENT 16,000.00 ELT~,3OHN 284024 11-May-2004 MATER[ALS 601.52 EL]A, SANDRO 284342 25-May-2004 REFUND 125.00 ELI3S ENGINEERING INC 283887 04-May-2004 CONSULTING SERVICES 441.86 ELLIS ENGINEERING INC 284602 08-3un-2004 CONSULTING SERVICES 8,668.18 ELSLEV, NANCY 283888 04-May-2004 ADMINISTRATIVE 165.22 EMCO IIMTI-ED DISTRIBUTION 284176 18-Ma '-2004 MATER[ALS 234.52 EMERALD 283889 04-Ma '-2004 MAINTENANCE AND REPAIRS 1,728.05 EMERALD 284177 18-Ma '-2004 MAINTENANCE AND REPAIRS 540.35 EMERALD 284324 28-Ma '-2004 MAINTENANCE AND REPAIRS 214.00 ENBR[DGE 283890 04-Ma' '-2004 UT]UT]ES 71.04 ENBR[DGE 284025 11-Ma'-2004 UTILITIES 22,918.91 ENBR[DGE 284178 18-Ma' -2004 Ur[Err[ES 450.59 ENBR[DGE 284325 2S-Ma'-2004 UTILr~ES 2,157.37 ENBR[DGE 284603 08-.]un-2004 UT[I._r~ES 56.46 ENGINEERING CONCEPTS NIAGARA 283891 04-May-2004 CONSULTING SERVICES 2,784.68 ENGINEERING CONCEPTS NIAGARA 284179 18-May-2004 CONSULTING SERVICES 1,524.75 ERIN HAND INTER[ORS 284451 01-~un-2004 CONTRACT SERVICES 1,230.00 ETHER[NGTON,DAVE 284604 08-Jun-2004 ADMINISTRATIVE 49.63 EVANS Lr~Lr1'y SUPPLY LTD 284J80 18-May-2004 MATER[ALS 2,549.55 EVERI.AST[NG IMPRESSIONS 283892 04-May-2004 CONTRACT SERVICES 640.93 EVERLASTING IMPRESSIONS 283904 04-May-2004 CONTRACT SERVICES 500.76 EVERLASTING IMPRESSIONS 284181 18-May-2004 CONTRACT SERVICES 413.80 EVIN INDUSTRIES LTD 284182 18-May-2004 MATER]ALS 422.89 FALLS AUTO BODY INC 284026 il-May-2004 MAINTENANCE AND REPAIRS 201.25 FALLS ELECTRIC INC 284452 01-Jun-2004 MAINTENANCE AND REPAIRS 2,487.38 FALLS ELECTRIC INC 284605 08-3un-2004 CONTRACT SERVICES 2,615.59 FALLS MASONRY LIM~fED 284398 25-rqay-2004 REFUND 507.67 FEDEROW,ART 284027 11-May-2004 REFUND 125.00 FENCAST INDUSTRIES LTD 284028 11-May-2004 MATER[ALS 8.34 FERRANTE,PRISCILLA 284606 08-Jun-2004 MATERIALS 15.00 FIDDLERS 3 284326 25-May-2004 MATERIALS 300.00 FIRE MONITORING OF CANADA INC 283893 04-May-2004 CONTRACT SERVICES 834.60 FIRE MONITORING OF CANADA INC 284030 11-May-2004 CONTRACT SERVICES 204.75 CZTY OF NZAGARA FALLS 1]~Cityo~ ~ APS200 Page : 6 MUNICIPAL ACCOUNTS Con Supplier Name Cheque NO Cheque Date Purpose Amount FIRECARE 284453 01-3un-2004 MAINTENANCE AND REPAIRS 60.05 FIRESERVICE MANAGEMENT LTD 283894 04-May-2004 MATERIALS 42.80 FIRESERVICE MANAGEMENT LTD 284031 11-May-2004 MATERIALS 60.22 FIRESERVICE MANAGEMENT LTD 284454 01-~un-2004 MATERIALS 79.47 FIRST VANCOUVER FINANCE 284607 08dun-2004 MATERIALS 2,017.08 FIRSTLINE MORTGAGES 284032 11-May-2004 REFUND 454.00 FLEXO PRODUCTS LTD 283895 04-May-2004 MATERIALS 36.80 FLEXO PRODUCTS LTD 284033 11-May-2004 MATERIALS 46.00 FLEXO PRODUCTS LTD 284183 18-May-2004 MATERIALS 4,371.19 FLEXO PRODUCTS LTD 284455 01-]un-2004 MATERIALS 365.18 FLEXO PRODUCTS LTD 284608 08-]un-2004 MATERIALS 448.39 FLORES,DR L 284456 01-3un-2004 ADMINISTRATIVE 40.00 FLOWERS NIAGARA 284609 08-3un-2004 MATERIALS 63.24 FORCIER, SUE 284034 11-May-2004 ADMINISTRATIVE 93.30 FORT ERIE FIRE DEPARTMENT 284035 11-May-2004 ADMINISTRATIVE 395.00 FORT~ER,]EANNINE 284036 11-May-2004 MATERIALS 250.00 FRANCOTYP POSTAUA TELESET 284185 18-May-2004 MATERIALS 21,400.00 FRANCOTYP POSTAL]A CANADA 284327 25-May-2004 LEASES AND RENTS 203.55 FRANK COWAN COMPANY LIMiTED 284457 01-3un-2004 ADMINISTRATIVE 13,753.00 FRANK ] ZAMBONI & CO LTD 283896 04-May-2004 MATERIALS 691.31 FRANK ~ ZAMBONI & CO LTD 284037 11-May-2004 MATERIALS 1,167.30 FRANK ] ZAMBONI & CO LTD 284343 25-May-2004 MATERIALS 1,150.46 FREEMAN,SHELLY 284610 08-~un-2004 MATERIALS 15.00 FRETZ, LINDA 284611 08-3un-2004 MATERIALS 15.00 G & K SERVICES CANADA [NC 284460 01dun-2004 MATERIALS 86.23 GALES GAS BARS 284038 11-May-2004 MATERIALS 193.17 GALT KNIFE CO LTD 284186 18-May-2004 MAINTENANCE AND REPAIRS 202.40 GARY,LINDA 284612 08-3un-2004 MATERIALS 15.00 GAULD NURSERIES LTD 284458 01-3un-2004 MATERIALS 898.80 GE POLYMERSHAPES 284039 Il~May-2004 MATERIALS 1,664.65 GENUA,JOSEPH& GENUA, .IOANNE 284459 01-.lun-2004 REFUND 187,10 GERRIE ELECTRIC WHOLESALE LTD 284187 18-May-2004 MATERIALS 472,79 GFS CANADA INC 284188 18-May-2004 MATERIALS 248.42 GLADDING SALES AGENCY LTD 283899 04-May-2004 MATERIALS 657.05 GLADDING SALES AGENCY LTD 284040 11-May-2004 MATERIALS 483.33 GLADDING SALES AGENCY LTD 284189 18-May-2004 MATERIALS 282.86 GLADDING SALES AGENCY LTD 284328 25-May-2004 MATERIALS 1,622.60 GLADDING SALES AGENCY LTD 284614 08-3un-2004 MATERIALS 30.00 GOFORTH,HANYA 284041 11-May-2004 ADMINISTRATIVE 92.10 GRADE-LINETECHNICAL SERVICES 284615 08-]un-2004 CONSULTING SERVICES 599.20 GRAYBAR ELECTRIC LTD 283900 04-May-2004 MATERIALS 1,271.99 GRAYBAR ELECTRIC LTD 284190 18-May-2004 MATERIALS 208.82 GRAYBAR ELECTRIC LTD 284329 25-May-2004 MATERIALS 38.32 GRAYBAR ELECTRIC LTD 284616 08-3un-2004 MATERIALS 543.41 GRAYBIEL, KELLY& GRAYBIEL, STACEY 284461 01-]um2004 REFUND 177.10 GREATER NIAGARA GENERAL HOSPITAL EQUTPMENT FUND 284399 25-May-2004 REMI-ITANCE 69.40 GREENSEACE SERVICES 284191 18-May-2004 CONTRACT SERVICES 786.46 GREENSPACE SERVICES 284617 08-~un-2004 CONTRACT SERVICES 96.30 GREY ISLAND SYSTEMS INC 284462 01-3un-2004 MATERIALS 1,611.73 GRUNINGER, STEVEN 284330 25-May-2004 ADMIN]STRATIVE 250.00 GT FRENCH PAPER LIMITED 283901 04-May-2004 MATERIALS 11.68 GT FRENCH PAPER LIMITED 284042 11-May-2004 MATERIALS 3,790.77 GUILLEVIN INTERNATIONAL INC 283902 04-May-2004 MATERIALS 1,667.04 GUILLEVIN INTERNATIONAL INC 284043 l 1-May-2004 MATERIALS 419.75 GUILLEVIN INTERNATIONAL INC 284463 01-3un-2004 MATERIALS 1,046.22 GUlLLEVIN INTERNATIONALINC 284618 08-~un-2004 MATERIALS 690.29 GUPTA,VUAY 284294 20-May-2004 MATERIALS 5,000.00 GYM CON LTD 283903 04-May-2004 MATERIALS 3,142.09 GYM CON LTD 284193 18-May-2004 MATERIALS 602.43 CZTY OF NIAGARA FALLS '~eCJ~of ~ APS200 Page: 7 MUNICIPAL ACCOUNTS Ni r0 ;ol l Supplier Name Cheque NO Cheque Date Purpose Amount GYM CON LTD 284464 01-Jun-2004 MATERIALS 2,754.83 GYM CON LTD 284619 08-Jun-2004 MATERIALS 3,401.13 HACHEY, DARLENE 284620 08-Jun-2004 MATERIALS 15.00 HAGAN,DAVID 284621 08-Jun-2004 MATERIALS 15.00 HAGEN,MARIE 284622 08-Jun-2004 MATERIALS 15.00 HAL BRANT ELEVATOR SERVICES 284194 18-May-2004 MAINTENANCE AND REPAIRS 231.80 HALCO MOBILE MFG SALES & SERVICE INC 284623 08-Jun-2004 LEASES AND RENTS 2,622.00 HALF WAY SAND PIT LIMITED 284195 18-May-2004 MATERIALS 579.89 HAMDANI DRYCLEANERS LTD 284331 25-May-2004 MAINTENANCE AND REPAIRS 12.65 HAYES, WILSON 284624 08-Jun-2004 AOMIN[STRATIVE 59.15 HEAD,GERALDINE 284625 08-Jun-2004 MATERIALS 15.00 HECO 283905 04-May-2004 MAINTENANCE AND REPAIRS 2,005.42 HECO 284044 11-May-2004 MAINTENANCE AND REPAIRS 1,164.23 HECO 284197 18-May-2004 MAINTENANCE AND REPAIRS 383.37 HECO 284332 2S-May-2004 MAINTENANCE AND REPAIRS 651.33 HENRY MULLER IN TRUST 284400 25-May-2004 REFUND 868.33 H ERLOVITCH,ALEX 284045 11-May-2004 ADMINISTRATIVE 115.21 HERSCHEL RESCUE TRAINING SYSTEMS 284333 25-May-2004 ADM]NIs'rRATIVE 3,900.00 HERTZ EQUIPMENT RENTAL 284626 08-Jun-2004 LEASES AND RENTS 686.55 HEUSER,JOAN 284627 08-Jura2004 MATERIALS 15.00 HICKEY, NEAL 284046 11-May-2004 MATERIALS 75.00 HICKS MORLEY HAMILTON STEVVART STORIE LLP 284628 08-Jun-2004 CONSULTING SERVICES 222.06 HIEBERT~IAKE 284047 11~May-2004 ADMINISTRATIVE 38.11 HIEBERT,JAKE 284198 18-May-2004 ADMINISTRATIVE 26.20 HILL BOLES LTD 284048 11-May-2004 MATERIALS 658.87 HILL BOLES LTD 284629 08-Jun-2004 MATERIALS 72.03 HODGSON CUSTOM ROLLING 284344 25-May-2004 MATERIALS 2,886.50 HOLMAN,GEOFF 283906 04-May-2004 ADMINISTRATIVE 47.24 HOOVER, GAYLE 284049 11-May-2004 MATERIALS 300.00 HORGOS,LILIANE 284630 08-Jun-2004 REFUND 178.64 HOTEL DIEU LAND AMBULANCE SERVICE 284631 08~Jun-2004 MATERIALS 640.93 HR SYSTEMS STRATEGIES INC 284199 18-May-2004 MATERIALS 2,846.25 HUMMELL, HAROLD 283907 04-May-2004 ADMINISTRATIVE 163.17 HUMMELL,HAROLD 284465 01-Jun-2004 ADMINISTRATIVE 113.54 IBI GROUP 284334 25-May-2004 CONSULTING SERVICES 31,308.03 ICECO ADVANCED ARENA PRODUCTS 284466 01-Jun-2004 MATERIALS 2,354.00 IN2ITIVE GROUP INC 283908 04-May-2004 MATERIALS 1,318.68 INTERNATIONAL BINDING & LAMINATING SYSTEMS INC 284050 11-May-2004 MATERIALS 254.66 IRWIN~]EANNE 284633 08-~un-2004 MATERIALS 15.00 ISOKAIT, ROBERT 284634 08-3um2004 MATERIALS 15.00 J J MACKAY CANADA LTD 284200 18-May-2004 MATERIALS 193.77 JACKSON,DAVE 284635 08-~un-2004 ADMINISTRATIVE 157.61 JACKSON,GILBERT 284636 08-Jun-2004 MATER]ALS 15.00 JAGGER HIMS LIMITED 284637 08-~un-2004 CONSULTING SERVICES 32,955.15 JAMES G ARMOUR & CO LTD 284467 01-~un-2004 MATERIALS 3,286.85 JAMES G ARMOUR & CO LTD 284638 08-Jun-2004 MATER]ALS 2,889.38 JARDINE,DANIEL 284639 08-~un-2004 MATERIALS 15.00 JESSOP,IIM 284640 08-Jun-2004 ADMINISTRATIVE 45.00 JONES, DON 284641 08-Jun-2004 ADMINISTRATIVE 97.55 JONES NEON DISPLAYS LTD 284201 18-May-2004 REFUND 41.13 JUST ATHLETICS 284335 25-May-2004 MATERIALS 262.98 JUST ATHLETICS 284468 01-~un-2004 MATERIALS 1,974.95 KATCH'S QUALITY COMMUNICATION 284642 08-~un-2004 UTILITIES 1,035.00 KATRYNUK, HARRY 284202 18-May-2004 REFUND 15.00 KBM MEMORIAL SERVICES INC 284469 01-~un-2004 MAINTENANCE AND REPAIRS 80.25 KEN WARDEN CONSTRUCT[ON LTD 283909 04-May-2004 CONTRACT SERVICES 982.26 KON,ADELE 284052 11-May-2004 ADMINISTRATIVE 249.51 KRAFT CANADA INC 284203 18-May-2004 CONTRACT SERVICES 8,172.17 KRONSTEIN,MARK 284643 08-Jun-2004 MATERIALS 15.00 CI'TY OF NI'AGARA FALLS ~leC~o~ ~ AP$200 Page: 8 MUNICIPAL ACCOUNTS NmgaraFo Supplier Name Cheque No Cheque D~ate Purpose Amount KUCHYT,TOM 284054 11-Ma¥-2004 ADMZI~ISTRATIVE 251.70 KUCHYT,TOH 284644 08-]un-2004 ADH[N[STRAT~VE 288.30 LAERDAL HEDICAL CANADA LTD 283910 04-May-2004 MATERIALS 228.67 LAFARGE CANADA INC 283911 64-May-2064 MATERIALS 1,886.93 LAFARGE CANADA INC 284055 11-M;~y-2004 MATERIALS 1,893.33 LAFARGE CANADA INC 284204 18-H~y-2004 MATERIALS 2,790.82 LAFARGE CANADA INC 284345 25-May-2064 MATERIALS 142.83 LAFARGE CANADA INC 28'~70 01-.lun-2064 MATER]ALS 3,629.30 LAFARGE CANADA INC 2846~5 08-]un-200~ MATERIALS 1,877.19 LANCASTER 8P, OOKS WELCH LLP IN TRUST 28~205 18-May-2064 ADMINISTRATIVE 2,000.00 LANDRY, CLARENCE& LANDRY, NORA 284646 08-~un-2004 REFUND 920.20 LA8LO,TONY 284647 08-]u~-200~ MATERIALS 18.00 LATOPLAST LTD 28~7! 01-]un-20(~ MATERIALS 698.05 LEGGE, DEBORAH 283912 04-M~y-2064 REFUND 1,713.03 LEGGE, DEBORAH 28~648 08-]un-2064 MATERIALS 1~1.57 LE1TCH,]AMIE 284472 01-]un-2004 ADMINISTRATIVE 155.18 LEXISNEXIS CANADA INC 284473 01-3un-2064 MATERIALS 97.64 LOCHER, BARBARA 284207 18-May-2004 REFUND 15.00 LOCKHART,~ANICE& FENWICK, PAMELA 284401 25-Ma¥-2004 REFUND 307.00 LOUTH & NIAGARA ORCHARDS 284057 ii-May-2064 MATERIALS 1,709.64 LUPEIN,CECILIA 284650 08-9un-2004 MATERIALS 15.00 M & L SUPPLY FIRE AND SAFETY 283921 64-May-2064 MATERIALS 17,673.40 MACLEAN,3ASON 284475 01-3un-2064 ADMINISTRATIVE 211.20 MAPLE LEAF COLLISION CENTRE 284210 18-May-2004 MAINTENANCE AND REPAIRS 4,117.00 MAPLE TRUST COMPANY 284211 18-May-2004 REFUND 291.35 MAR-CO CLAY PRODUCTS INC 284652 08-9un-2064 MATERIALS 25,269.09 MARTEL~OCELYNE 284653 08-~un-2004 REFUND 1,050.00 MARTIN, RAY 284654 08-~un-2064 MATERIALS 70.84 MARTIN SHEPPARD FRASER LLP IN TRUST 284415 31-May-2004 ADMINISTRATIVE 515,564.76 MASTER GARDENERS OF NIAGARA 284346 25-May-2064 ADMINISTRATIVE 4,706.20 MATURI,SYLVANO 284655 08-3un-2064 MATERIALS 15.00 MAVES, BRAD 284656 08-3un-2064 MATERIALS 91.97 MAVES,DIANE 283914 04-May-2004 ADMINISTRATIVE 78.00 MAVES,DIANE 284657 08-3un-2004 MATERIALS 15.00 MAVES,DIANE 284658 08-3un-2004 ADMINISTRATIVE 78.00 MCANDREWS AIR LTD 283915 04-May-2064 CONTRACT SERVICES 130.54 MCANDREWS AIR LTD 284212 18-May-2004 MATERIALS 390.02 MCANDREWS AIR LTD 284476 01-3un-2064 CONTRACT SERVICES 797.16 MCCAULEY~DON 284060 11-May-2004 REFUND 405.00 MCCONNELL, LUCILLE 283916 64-May-2004 ADMINISTRATIVE 78.00 MCCONNELL, LUCILLE 284659 08-~un-2004 MATERIALS 15.00 MCCONNELL, LUCILLE 284660 08-3un-2064 ADMINISTRATIVE 78.00 MCCRACKEN,PHILOMENA 284661 08-3un-2004 MATERIALS 26.45 MCGEAN,WAYNE 284662 08-~un-2004 MATERIALS 15.00 MCGOWAN,NOEL 284663 08-~un-2004 MATERIALS 15.00 MCKINNON,SCO3?& MCKINNON, 3ENNIFER 284402 25-May-2064 REFUND 778.83 MCKISSACK, MELANIE 283977 06-May-2064 REMI'I-FANCE 250.00 MCNAMARA, SUSAN 283917 04-May-2004 ADMINISTRATIVE 84.00 MCNAMARA,SUSAN 284664 08-~un-2004 MATERIALS 15.00 MCNAMARA,SUSAN 284665 08-3un-2004 ADMINISTRATIVE 78.00 MCRAE, LEN 284062 11-May*2004 REFUND 60.00 MCRAE, LEN 284666 08-3un-2004 REMITI'ANCE 60.00 ME OLSEN 1TFLES INC 283918 04-May-2004 CONTRACT SERVICES 423.03 ME OLSEN'ITFLES INC 284063 11-May-2064 CONTRACT SERVICES 5,422.19 ME OLSEN TITLES INC 284478 01-3un-2064 CONTRACT SERVICES 964.73 MEDCON MECHANICAL LTD 284477 01-3un-2004 CONTRACT SERVICES 1,479.51 METRO PLUMBING b HEATING 284064 11-May-2004 CONTRACT SERVICES 579.96 MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD 283919 64-May-2004 MATERIALS 321.00 MICRON INSTALLATIONS LIM]FFED 284213 18-May-2004 CONTRACT SERVICES 6,314.07 CITY OF NIAGARA FALLS ~leC~y0[ ~ AP5200 Page : 9 MUNICIPAL ACCOUNTS mmro qi [' Supplier Name Cheque No Cheque Date Purpose Amount MILOJEYICH,RODNEY 284065 11-May-2004 REFUND 75.00 MINISTER OF FINANCE 283838 29-Apr-2004 REMITTANCE 48,883.39 MINISTER OF FINANCE 284291 19-May-2004 REMIq'rANCE 1,135.07 MINISTER OF FINANCE 284292 19-May-2004 REMITTANCE 5,144.19 MINISTER OF FINANCE 284403 25-May-2004 REMITTANCE 503.84 MINISTER OF FINANCE 284408 25-May-2004 REMI'rI-ANCE 41,150.83 MINISTER OF FINANCE 284406 25-May-2004 REMIITANCE 835.64 MINISTER OF FINANCE 284668 08-~un-2004 REMITTANCE 9,600.00 MINISTRY OF ATTORNEY GENERAL 283920 04-May-2004 REMITFANCE 1,493.76 MINISTRY OF ATTORNEY GENERAL 284066 11-May-2004 REMI1TANCE 1,493.76 MINISTRY OF AITORNEY GENERAL 284214 18-May-2004 REMIITANCE 1,493.76 MINISTRY OF ATTORNEY GENERAL 284404 25-May-2004 REMI'ITANCE 1,493.76 MINISTRY OF AITORNEY GENERAL 284479 01-Jun-2004 REMITTANCE 1,493.76 MINISTRY OF ATTORNEY GENERAL 284667 08-.lun-2004 REMrrrANCE 1,493.76 MISSISSAUGA BUSINESS TIMES 284480 01-~un-2004 MATERIALS 619.26 M.IM/CMA JOINT VENTURES ARCHI-[-ECTS 284209 18-May-2004 CONSULTING SERVICES 5,860.08 M.1M/CMA JOINT VENTURES ARCHITECTS 284651 08-.1un-2004 CONSULTING SERVICES 6,896.39 MOBILE COMMUNICATION SERVICES 284481 01-~un-2004 EQUIPMENT 4,140.00 MODERN LANDFILL INC 284215 18-May-2004 CONTRACT SERVICES 2,792.51 MODERN LANDFILL INC 284347 25-May-2004 CONTRACT SERVICES 31.79 MONTAGUE, ROSE 284669 08-Jun-2004 MATERIALS 15.00 MONTEITH-SROWN PLANNING CONSULTANTS 284482 01-.]un-2004 CONSULTING SERVICES 2,925.11 MONTGOMERY,MOE& MONTGOMERY, MIKE 284349 25-May-2004 CONTRACT SERVICES 302.28 MONTGOMERY BRO5 & NORTHLAND SUPPLY 284216 18-May-2004 CONTRACT SERVICES 633.98 MONTGOMERY BROS & NORTHLAND SUPPLY 284348 25-May-2004 CONTRACT SERVICES 308.16 MOORE, RICK 284670 08-3un-2004 MATERIALS 80.49 MOORE WALLACE INCORPORATED 284483 01-Jun-2004 MATERIALS 21,431.62 MOROCCO,JOHN 284068 11-May-2004 ADMINISTRATIVE 352.50 MORTON,RICH 283922 04-May-2004 CONTRACT SERVICES 600.00 MTC LEASING INC 284217 18-May-2004 CONTRACT SERVICES 277.87 MUNICIPAL ASSOCIATES INC 284069 11-May-2004 CONTRACT SERVICES 3,210.00 MUNICIPAL HEALTH & SAFETY ASSOCIATION 284350 25-May-2004 MATERIALS 42.53 MUNICIPAL HEALTH & SAFE-FY ASSOCIATION 284671 08-Jun-2004 ADMINISTRATIVE 342.40 MURACO, MARY 284672 08-Jun-2004 ADMINISTRATIVE 144.00 MURAWSKI,CHESTER 284673 08-Jun-2004 MATERIALS 15.00 MY COUNTRY DELICATESSEN 283923 04-May-2004 ADMINISTRATIVE 272.44 MY COUNTRY DELICATESSEN 284070 11-May-2004 ADMINISTRATIVE 91.48 MY COUNTRY DELICATESSEN 284351 25-May-2004 ADMINISTRATIVE 184.06 NATIONAL BANK OF CANADA 284072 11-May-2004 REFUND 527.00 NAULT, JAMES 284484 01-3un-2004 REFUND 500.00 NEDCO 283924 04-May-2004 MATERIALS 193.20 NEDCO 284674 08-3un-2004 MATERIALS 4,787.45 NEXTERRA SUBSTRUCTURES INCORPORATED 284218 18-May-2004 CONTRACT SERVICES 37,344.04 NIAGARA BLOCK INC 283925 04-May-2004 157.13 NIAGARA BLOCK INC 28~219 18-May-2004 MATERIALS 25.88 NIAGARA FALLS HORTICULTURAL SOCIETY 284356 25-May-2004 GRANT 800.00 NIAGARA FALLS ILLUMINATION BOARD 284226 18-Ma¥-2004 GRANT 34,550.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 283931 04-Ma¥-2004 REMITTANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 283932 04-May-2004 REMITFANCE 3,466.35 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284075 il-May-2004 REMII-I'ANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284228 18-May-2004 REM]ITANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284407 25-May-2004 REiqIITANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284486 01-.lun-2004 REMITTANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284487 01-2un-2004 REMITTANCE 3,466.35 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284678 08-3un-2004 REMTTTANCE 1,964.22 NIAGARA FALLS BADMINTON TENNIS & LAWN BOWLING CLUE 284353 25-May-2004 GRANT 5,000.00 NIAGARA FALLS CONCERT BAND 284354 25-May-2004 GRANT 4,000.00 NIAGARA FALLS HUMANE SOCIETY 284073 11-May-2004 REMIqq-ANCE 30.00 NIAGARA FALLS HUMANE SOCIETY 284222 18-May-2004 CONTRACT SERVICES 37,629.65 CITY OF NTAGARA FALLS ~Citv0f ~ AP5200 Page: 10 MUNICIPAL ACCOUNTS NmooroF l Supplier Name Cheque NO Cheque D~te Purpose Amount NIAGARA FALLS HUMANE SOCIETY 284355 25-Ma-2004 CONTRACT SERVICES 1,010.00 NIAGARA FALLS HYDRO 283927 04-Ma-2004 REMr[TANCE 130,88 NIAGARA FALLS HYDRO 283928 04-Ma-2004 REMllTANCE 13,545.60 NIAGARA FALLS HYDRO 283929 04-Ma r'2004 UTILITIES 92,858.94 NIAGARA FALLS HYDRO 284074 il-Ma r'2004 UTILITIES 2,653.77 NIAGARA FALLS HYDRO 284223 18-Ma '-2004 REMrlTANCE 50,279.48 NIAGARA FALLS HYDRO 284224 18-Ma '-2004 REMITrANCE 4,840.72 NIAGARA FALLS HYDRO 284225 18-Ma '-2004 UTILITIES 1,899.06 NIAGARA FALLS HYDRO 284336 25-Ma '-2004 UTILITIES 97,338.57 NIAGARA FALLS HYDRO 284485 01-]un-2004 REMrlTANCE 8,538.41 · NIAGARA FALLS HYDRO 284676 08-3un-2004 REMII-FANCE 30,344.97 NIAGARA FALLS HYDRO 284677 08-3un-2004 UTILITIES 6,317.74 NIAGARA FALLS IGA 284357 25-May-2004 MATERIALS 41.92 NIAGARA FALLS LAWN BOWLING CLUB 284358 25-May-2004 GRANT 4,000.00 NIAGARA FALLS LIGHTNING GYMNASTIC CLUB 284359 25-May-2004 GRANT 2,000.00 NIAGARA FALLS SUMMER SWIM LESSONS COMM~TEE 284360 25-May-2004 GRANT 12,400.00 NIAGARA FALLS TOURISM 284229 18-May-2004 GRANT 66,630.95 NIAGARA GERMAN-CANADIAN CLUB 284230 18-May-2004 LEASES AND RENTS 160.50 NIAGARA HEALTH SYSTEM 283933 04-May-2004 EQUIPMENT 2,326.66 NIAGARA IMPERIAL MOTEL LIMITED 284408 25-May-2004 REFUND 4,285.21 NIAGARA INFLATABLES 284679 08-3un-2004 MATERIALS 258.75 NIAGARA NE'WSFAX 284231 18-May-2004 ADMINISTRATIVE 524.84 NIAGARA NEWSPAPER GROUP 284361 25-May-2004 ADMINISTRATIVE 149.65 NIAGARA NEWSPAPER GROUP 284488 01-3un-2004 ADMINIS/RA1/VE 913.55 NIAGARA OCCUPATIONAL HEALTH SERVICES 284232 18-May-2004 ADMINISTRATIVE 405.00 NIAGARA PLUMBING SUPPLY COMPANY LIMITED 284233 18-May-200A REFUND 14,247.28 NIAGARA SHEET METAL 283934 04-May-2004 MATERIALS 115.00 NIAGARA SHEET METAL 284076 11-Ma¥-2004 MAINTENANCE AND REPAIRS 264.50 NIAGARA SHEET METAL 284680 08-3un-2004 MATERIALS 655.50 NIAGARA SOUND SYSTEMS 284234 18-May-2004 CONTRACT SERVICES 267.50 NIAGARA SOUND SYSTEMS 284489 01-3un-2004 MAINTENANCE AND REPAIRS 189.75 NIAGARA TRANSIT 283935 04-May-2004 GRANT 225,000.00 NIAGARA TRANSIT 284681 08-3ul]-2004 GRANT 225,000.00 NIAGARA.COM 283926 04-May-2004 CONTRACT SERVICES 407.09 NIAGARA.COM 284352 25-May-2004 CONTRACT SERVICES 48.10 NIAGARA.COM 284675 08-3u11-2004 MATERIALS 407.09 NICKEL, PAITi 283937 04-May-2004 REFUND 123.59 NORTHSTAR CONSTRUCTION 283938 04-May-2004 CONTRACT SERVICES 96.30 NORTHSTAR CONSTRUCTION 284490 01-]un-2004 CONTRACT SERVICES 882.75 NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTION5 284077 il-May-2004 REMrF'FANCE 1,500.00 OACA 284078 il-May-2004 REMITTANCE 170.00 OACA 284235 18-May-2004 REMIITANCE 840.00 OFFSHORE INFLATABLE BOATS LTD 284296 20-May-2004 EQUIPMENT 37,020.91 OLD STONE INN INC 284682 08-.1un-2004 REFUND 750.00 OMERS 284236 18-May-2004 REM [I-I'ANCE 341,269.84 OMERS 284491 01-3un-2004 REMrVFANCE 282,219.58 OMFFOA 284079 il-May-2004 REMI'VDANCE 650.00 ONTARIO CLEAN ALL 284080 11-May-2004 MAINTENANCE AND REPAIRS 1,605.00 ONTARIO GYM & SPORTS 284081 il-May-2004 MATERIALS 717.43 ONTARIO REALTY CORPORATION 283939 04-May-2004 REMIITANCE 15,301.00 ONTRAC EQUIPMENT SERVICES INC 284237 18-May-2004 MATERIALS 4,746.06 OUTDOOR OPPORTUN1TES INC 284082 11-May-2004 CONSULTING SERVICES 535.00 P D REITSMA SURVEYING LTD 284084 il-May-2004 CONSULTING SERVICES 1,008.39 P R W EXCAVATING CONTRACTORS LTD 284247 18-May-2004 CONTRACT SERVICES 13,444.55 PASCOE,REBECCA 284083 il-May-2004 ADMINISTRATIVE 152.10 PATRIOT ENTERPRISES 284238 18-May-2004 MATERIALS 592.30 PEAK PERFORMANCE SYSTEMS 283940 04-May-2004 ADMINISTRATIVE 9,462.36 PEAK PERFORMANCE SYSTEMS 284492 01-3un-2004 ADMINISTRATIVE 9,462.36 PEDWELL & PEDWELL IN TRUST 284239 18-May-2004 ADMINISTRATIVE 750.00 CTTY OF NIAGARA FALLS ~eC~y01 ~ AP5200 Page : 11 MUNICIPAL ACCOUNTS Supplier Name Cheque No Cheque Date Purpose Amount PENINSULA CONSTRUCTION INC 284241 18-May-2004 CONTRACT SERVICES 1,455.20 PENINSULA PEST CONTROL LTD 283941 0q-May-2004 CONTRACT SERVICES 189.39 PENINSULA PEST CONTROL LTD 284240 18-May-2004 CONTRACT SERVICES 202.23 PENINSULA TOWING & RECOVERY INC 284085 11-May-2004 ADM[NISTRAllVE 96.30 PERRELLA, FERNANDO 284684 08-1un-2004 REFUND 750.00 PHILIPS ENGINEERING 284493 01-.lun-2004 CONSULTING SERVICES 2,466.41 PHOTOFINISHING LO~ 284362 25-May-2004 MATERIALS 84.62 PICKSEED CANADA INC 284685 08-3un-2004 MATERIALS 759.00 PINGUE, PAUL 284086 11-May-200~ ADMINISTRATIVE 61.00 PIPE TOOLS SUPPLY LIMI'FED 284495 01-3un-200~ MATERIALS 3,737.50 PIPEFLO CONTRACTING CORPORATION 284494 01-Jun-200~ CONTRACT SERVICES 3,074.91 PIPEFLO CONTRACTING CORPORATION 284686 08-~un-2004 MAINTENANCE AND REPAIRS PLASTRUCT CANADA 284496 01-]un-2004 MATERIALS 401.25 POTTS,]ESSICA 284687 08-.lun-2004 ADMINISTRATIVE 115.81 POWERTECH ENTERPRISES INC 283942 04-May-200q MATERIALS 875.88 POWERTECH ENTERPRISES INC 284088 11-May-200q MATERIALS 806.64 PRATA, GUY 284089 11-May-2004 ADMINISTRATIVE 23.82 PRATA,GUY 284242 18-May-2004 ADMINISTRATIVE 30.17 PRAXAIR 284243 18-May-2004 MATERIALS 192.31 PRAXAIR 284497 01-]un-2004 MATERIALS 72.10 PRAKAIR 284688 08-]un-2004 MATERIALS 281.75 PRECISE PARK LINK INC 284244 18-May-2004 CONTRACT SERVICES 1,681.40 PRINT BY NITE 283943 0q-May-2004 MATERIALS 1,368.79 PRO3ECT SHARE 284245 18-May-2004 GRANT 15,414.95 PROSHRED SECURITY 283944 0q-May-2004 CONTRACT SERVICES 1,011.79 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 283945 04-May-200q CONTRACT SERVICES 209,113.08 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 284246 18-May-2004 CONTRACT SERVICES 1,901.54 PROVINCIAL SERVICES 284689 08-~un-20Cq MAINTENANCE AND REPAIRS 235.40 PURE WATER 283946 04-May-2004 MATERIALS 424.35 PUROLATOR COURIER 283947 04-May-2004 REMrrfANCE 244.87 PUROLATOR COURIER 284090 11-May-2004 REMI'ITANCE 94.20 PUROLATOR COURIER 284248 18-May-2004 ADMINISTRATIVE 212.32 PUROLATOR COURIER 284363 25-May-2004 ADMINISTRATIVE 57.79 PUROLATOR COURIER 284498 01-.Iun-2004 REM~-I'ANCE 286.81 PUROLATOR COURIER 284690 08-]un-2004 MATERIALS 91.11 QUICK CAR WASH 283948 04-May-2004 CONTRACT SERVICES 1,H.15 QUICK CAR WASH 284691 08-~un-2004 MAINTENANCE AND REPAIRS 306.31 R NICHOLLS DISTRIBUTORS INC 284501 01-]un-2004 MATERIALS 116.09 R V ANDERSON ASSOCIATES LIMITED 284256 18-May-2004 CONSULTING SERVICES 6,442.23 RACO AUTO SUPPLY LTD 284692 08-~un-2004 MATERIALS 543.61 RANKIN CONSTRUCTION INC 284693 08-]un-2004 CONSULTING SERVICES 1,524,741.56 RECEIVER GENERAL 283949 04-May-2004 REM1TI-ANCE 169,041.96 RECEIVER GENERAL 284092 11-May-2004 REMI-rFANCE 168,117.72 RECEIVER GENERAL 284249 18-Ma¥-2004 REMI1-FANCE 171,940.19 RECEIVER GENERAL 284409 25-May-2004 REMI'I-FANCE 177~245.22 RECEIVER GENERAL 284410 25-May-2004 REMITTANCE 400.00 RECEIVER GENERAL 284499 01-Jun-2004 REMI'I-FANCE 170,780.01 RECEIVER GENERAL 284694 08-~un-2004 REMi-I-FANCE 175,863.25 RENAISSANCE FALLSVIEW HOTEL 284367 25-May-2004 CONTRACT SERVICES 35,000.00 RENTOKILIN1T[AL CANADA LIMITED 284368 25-May-2004 MATERIALS 404.07 RESURFICE CORP 284095 11-May-2004 EQUIPMENT 2,385.53 RIDGEMOUNT QUARRIES LIMITED 284S00 01-3un-2004 MATERIALS 199.02 RIDGEMOUNT QUARRIES LIMITED 284696 08-]un-2004 MATERIALS 1,940.96 RILEY MANUFACTURING 284697 08-]un-2004 MATERIALS 2,150.00 ROADSIDE RENTALS ]NC 283951 04-May-2004 LEASES AND RENTS 202.20 ROADSIDE RENTALS INC 284097 11-May-2004 CONTRACT SERVICES 534.75 ROADSIDE RENTALS INC 284252 18-May-2004 CONTRACT SERVICES 1,449.00 ROBBINS,]OAN 284698 08-]un-2004 MATERIALS 15.00 ROBERT BENEVENTO ROOFING & SIDING 284098 11-May-2004 MAINTENANCE AND REPAIRS 3,402.60 CITY OF NIAGARA FALLS ~!~C~01 ~ AP5200 Page : i2 MUNICIPAL ACCOUNTS Supplier Name Cheque NO Cheque Date Purpose Amount ROBINSON,TOM 284502 01-Jun-2004 REFUND 65.00 ROCHESTER MIDLAND LIMITED 284254 18-May-2004 MATERIALS 508.85 ROCHESTER MIDLAND LIMITED 284503 01-1un-2004 MATERIALS 386.23 ROGERS WIRELESS INC 283952 04-May-2004 LrI'[L1TIES 605.82 ROGERS WIRELESS INC 284504 01-]un-2004 UllLTTIES 1,403.59 RONALD C ELLENS APPRAISALS INC 284255 18-May-20C4 CONSULTING SERVICES 646.00 RONALD C ELLENS APPRAISALS INC 284699 08-3un-2004 CONSULTING SERVICES 1,200.00 ROTHSAY 284099 11-May-2004 LEASES AND RENTS 207.00 ROYAL BANK 284100 il-May-2004 REFUND 634.13 SACCO,ANDREW 283953 04-May-2004 REFUND 92.15 SAFEDESIGN APPAREL LTD 284101 11-May-2004 MATERIALS 1,149.13 SAFETY EXPRESS LTD 284506 01-1un-2004 MATERIALS 466.90 SAFETY KLEEN CANADA ][NC 283954 04-May-2004 MATEPJALS 755.31 SALC_/,TED 284257 18-May-2004 ADMINISTRATIVE 900.00 SAVOIE,LISA 284102 11-May-2004 REFUND 74.75 SCARFONE, DOMENIC& SCARFONE, MARIA MADDALENA 284700 08-1un-2004 REFUND 728.82 SCARINGI,VITO 284103 il-May-2004 ADMINISTRATIVE 142.52 SCARINGI,VITO 284370 25-May-2004 REFUND 600.00 SCARINGI,VlTO 284701 08-]un-2004 ADMINISTRATIVE 151.26 SCOTIABANK 284105 11-May-2004 ADMINISTRATIVE 4,622.85 SCOTIABANK 284258 18-May-2004 ADMINISTRATIVE 803.94 SCOTIABAN K 284371 25-May-2004 ADMINISTRATIVE 4,466.56 SCOTIABAN K 284702 08-]un-2004 REMII-rANCE 123,643.75 SCO'F~',3OANNE 284703 08-.lun-2004 MATERIALS 15.00 SCOTT,WAYNE 284704 08-]un-2004 MATERIALS 100.00 SELECT TOTAL SERVICE 284106 11-May-2004 MAINTENANCE AND REPAIRS 613.41 SHAHEEN & PEAKER LTD 284705 08-1un-2004 CONSULTING SERVICES 2,421.41 SHERWIN WILLAMS 284259 18-May-2004 MATERIALS 12,209.09 SHUGG,PAUL 283955 04-May-2004 GRANT 45.00 SICO INC 283956 04-May-2004 MATERIALS 621.32 SICO INC 284373 25-May-2004 MATERIALS 42.78 SICO INC 284706 08-]un-2004 MATERIALS 1,473.01 SIECK, WILLIAM 284707 08-3un-2004 MATERIALS 15.00 SIGNATURE SIGNS 284107 11-May-2004 MATERIALS 1,380.00 SIMON,PAT 283957 04-May-2004 ADMINISTRATIVE 105.00 SMITH,TOM 284109 11-May-2004 REFUND 89.33 SOFTCHOICE CORPORATION 284374 25-May-2004 CONTRACT SERVICES 5,873.89 SOMEBUDDY'S 284260 18-May-2004 MATERIALS 43.69 SORGENFREI, HELGA 284412 25-May-2004 REFUND 425.34 SOUTH CENTRAL SANDBLASTING & PAINTING INC 284375 25-May-2004 MATERIALS 1,010.01 SPOTLIGHT INC 284711 08-]un-2004 MATERIALS 1,920.76 STIOHN AMBULANCE 284295 20-May-2004 EQUIPMENT 45,543.31 STAMFORD CENTRE VOLUNTEER FIREMENS ASSOCIATION 284377 25-May-2004 GRANT 15,200.00 STAMFORD HOME HARDWARE 284110 11-May-2004 MATERIALS 34.47 STAMFORD HOME HARDWARE 284508 01-3un-2004 MATERIALS 7.57 STAMFORD LIONS CLUB INC 284376 25-May-2004 GRANT 3,550.00 STEPHENS,TANYA 283959 04-May-2004 ADMINISTRATIVE 21.04 STEPHENS,TANYA 284509 01-~un-2004 ADMINISTRATIVE 130.92 STOHAK,JEREMAIH ] 283960 04-May-2004 REFUND 56.00 STOLKCONSTRUCTION LTD 284510 01-]un-2004 REFUND 394.34 STRANGES, DOMENIC 283962 04-May-2004 REFUND 86.25 STRANGES,TOM 283961 04-May-2004 REFUND 250.00 STRATHCONACOUNTY EMERGENCY SERVICES 284713 08-Jun-2004 MATERIALS 1,000.00 STREAMLINE 283963 04-May-2004 MAINTENANCE AND REPAIRS 166.75 STREAMLINE 284262 18-May-2004 MATERIALS 126.50 STREAMLINE 284511 01-Jun-2004 MATERIALS 212.75 SUN LIFE OF CANADA 284378 25-May-2004 REMll-rANCE 218,930.25 SUN LIFE OF CANADA 284512 01-Jun-2004 REMITTANCE 898.04 SUNCOR ENERGY PRODUCTS INC 284263 18-May-2004 MATERIALS 1,040.51 CTTY OF NI'AGARA FALLS ~e CJ~ 0~ &, APS200 Page: 13 MUNICIPAL ACCOUNTS N~a F~ '¢anodo Supplier Name Cheque No Cheque Date Purpose Amount SUPERIOR PROPANE INC 284264 18-May-2004 MATERIALS 31.63 SUPERIOR PROPANE INC 284379 25-May-2004 MATERIALS 35.29 SURGENOR NATIONAL LEASING LTD 284265 18-May-2004 REFUND 15.00 SUZAKI, M1TSUKO 284266 18-Ma¥-2004 REFUND 299.00 T A T CONSTRUCTION LTD 283965 04-May-2004 CONTRACT SERVICES 2,721.72 TAB 284111 11-May-2004 MATER[ALS 1,142.07 TAB 284380 2S-May-2004 MATERIALS 655.23 TAB 284715 08-Jun-2004 SUPPLIES 88.59 TALK WIRELESS INC 284267 18-May-2004 CONTRACT SERVICES 124.20 TALK WIRELESS INC 284716 08-Jun-2004 MATERIALS 486.40 TARCZY,TARA 284717 08-Jun-2004 MATERIALS 207.58 TAYLOR,ALEX 284718 0B-Jun-2004 MATERIALS 15.00 TAYLOR, BARBARA 284719 08-Jun-2004 MATERIALS 15.00 TECVALCO LTD 284513 01-Jun-2004 MATER[ALS 3,070.50 TELUS INTEGRATED COMMUNICATIONS 284112 11-May-2004 CONTRACT SERVICES 493.64 TELUS MOBIL1TY 283966 04-May-2004 MATERIALS 57.49 TELUS MOBILITY 284113 11-May-2004 UTILITIES 28.74 TELUS MOBILITY 284114 11-May-2004 UTILITIES 825.99 TELUS MOBILFFY 284268 18-May-2004 UTILITIES 5,235.81 TELUS MOSILTTY 284382 25-May-2004 UTILITIES 620.97 TELUS klOBILITY 284514 01-Jun-2004 UTILITIES 415.11 TELUS NATIONAL SYSTEMS INC 284720 08-Jun-2004 CONTRACT SERVICES 4,350.45 TESKEY,BERNADE1-TE 284721 08-Jun-2004 MATERIALS 15.00 THE CAMERA PLACE FOTO SOURCE 284115 11-May-2004 MATERIALS 593.40 THE CAMERA PLACE FOTO SOURCE 284337 2S-May-2004 MATERIALS 65.55 THE CAMERA PLACE FOTO SOURCE 284515 01-Jun-2004 LEASES AND RENTS 516.35 THE EQUIPMENT SPECIALIST INC 283967 04-May-2004 LEASES AND RENTS 3,692.10 THE EQUIPMENT SPECIALIST INC 284293 19-May-2004 LEASES AND RENTS 13,524.56 THE EQUIPMENT SPECIALIST INC 284338 25-May-2004 LEASES AND RENTS 11,712.27 THE EQUIPMENT SPECIALIST INC 284722 08-1un-2004 LEASES AND RENTS 5,853.33 THE JACKET CELLAR 284271 18-May-2004 MATERIALS 79.35 THE JACKET CELLAR 284723 08-Jun-2004 MATERIALS 79.35 THE MBTW GROUP 284383 25-May-2004 CONSULTING SERVICES 4,562.77 THE PEPSI BO'I-FLING GROUP 284117 11-May-2004 MATER[ALS 267.50 THE REGIONAL MUNICIPALI'rf OF NIAGARA 283950 04-May-2004 CONTRACT SERVICES 8,172.62 THE REGIONAL MUNICIPALITY OF NIAGARA 284093 11-May-2004 ADMINISTRATIVE 11,895,757.00 THE REGIONAL MUNICIPALITY OF NIAGARA 284094 11-May-2004 CONTRACT SERVICES 162,670.26 THE REGIONAL MUNICIPALITY OF NIAGARA 284250 18-May-2004 ADMINISTRATIVE 237,562.50 THE REGIONAL MUNICIPALITY OF NIAGARA 284251 18-May-2004 MATER[ALS 1,490.07 THE REGIONAL MUNICIPALITY OF NIAGARA 284364 25-May-2004 ADMINISTRATIVE 1,039,593.19 THE REGIONAL MUNICIPALITY OF NIAGARA 284365 25-May-2004 ADMINISTRATIVE 462,423.60 THE REGIONAL MUNICIPALFFf OF NIAGARA 284366 25-May-2004 MATER[ALS 16,007.66 THE REGIONAL MUNICIPALTTY OF NIAGARA 284411 25-May-2004 REFUND 20,486.57 THE REGIONAL MUNICIPALFI'Y OF NIAGARA 284695 08-Jun-2004 MATERIALS 3,939.15 THE REVIEW 284272 18-May-2004 ADMINISTRATIVE 199.62 THE REVIEW 284516 01-1un-2004 REMITTANCE 6,803.16 THE REVIEW 284724 08-Jun-2004 ADMINISTRATIVE 188.32 THE SENIORS REVIEW 284725 08-Jun-2004 MATER[ALS 176.55 THE UNIFORM GROUP INC 284118 11-May-2004 MATERIALS 859.00 THE UNIFORM GROUP INC 284517 01-Jun-2004 MATER[ALS 3,730.49 THE UNIFORM GROUP INC 284726 08-3un-2004 MATER[ALS 306.42 TIME FX INTL 284727 08-Jun-2004 MATER[ALS 455.40 TOMAS, ROBERT 284273 18-Ma '-2004 REFUND 15.00 TOROMONT 284274 18-Ma '-2004 CONTRACT SERVICES 4,370.00 TOTAL FARM SERVICE 284275 18-Ma '-2004 MAINTENANCE AND REPAIRS 1,224.05 TOI-I'EN SIMS HUBICKI ASSOCIATES 283968 04-Ma '-2004 CONSULTING SERVICES 5,951.05 TOTFEN SIMS HUBICK] ASSOCIATES 284276 18-Ma '-2004 CONSULTING SERVICES 2,685.07 TOTFEN SIMS HUBICKI ASSOCIATES 284277 18-Ma '-2004 CONSULTING SERVICES 6,968.84 TOI~-EN SIMS HUBICKI ASSOCIATES 284384 2S-Ma '-2004 CONSULTING SERVICES 10,698.06 CITY OF NIAGARA FALLS ~C~01 ~ AP5200 Page: i4 MUNICIPAL ACCOUNTS o0ora Supplier Name Cheque No Cheque Date Purpose Amount TOlq-EN SIMS HUBICKI ASSOCIATES 284518 01-Sun-2664 CONSULTING SERVICES 5,626.42 TOITEN SIMS HUBICKI ASSOCIATES 284728 08-3un-2004 CONSULTING SERVICES 5,164.27 TRANSPORT 2000 CANADA 284519 01-]un-2004 REMI'ITANCE 50.00 IR[ CTFf CURB CUTTING INC 284278 18-May-2004 CONTRACT SERVICES 814.82 TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC 284520 01-3un-2004 MATERIALS 925.20 TROW CONSULTING ENGINEERS LTD 283969 04-May-2004 CONSULTING SERVICES 2,912.54 TROW CONSULTING ENGINEERS LTD 284729 08-3un-2004 CONSULTING SERVICES 2,450.03 ITNDALL, MAR[ON 284730 08-3un-2004 MATERIALS 15.00 UNITED WAY 283839 29-Apr-2004 REMITFANCE 1,853.50 UNITED WAY 284413 25-May-2004 REMTI'FANCE 1,456.00 UNUM LIFE INSURANCE COMPANY 284385 25-May-2004 REMI'TTANCE 1,143.03 URBAN & ENVIRONMENTAL MANAGEMENT INC 284279 18-May-2004 CONSULTING SERVICES 14,569.66 URBAN & ENVIRONMENTAL MANAGEMENT INC 284522 01-3un-2004 CONSULTING SERVICES 17,812.25 UTILITY STRUCTURES INC 283970 04-May-2004 MATERIALS 10,600.35 V GIBBONS CONTRACTING LTD 284282 18-May-2004 CONTRACT SERVICES 65,472.87 V GIBBONS CONTRACTING LTD 284386 2S-May-2004 CONTRACT SERVICES 5,000.00 VANCOR SUPPLY 284280 18-May-2004 MATER[ALS 658.14 VANDERWEYDEN LANDSCAPING 284281 18-May-2004 REFUND 750.00 VA'I-I'OVAZ, IZIDORO 284732 08-3un-2004 REFUND 1,000.00 WALKER BROTHERS QUARRIES LTD 283972 04-May-2004 MATERIALS 596.85 WALKER BROTHERS QUARRIES LTD 284283 18-May-2004 MATERIALS 319.73 WALKER BROTHERS QUARRIES LTD 284387 25-May-2004 MATERIALS 232.12 WALKER BROTHERS QUARRIES LTD 284733 08-1un-2004 MATER[ALS 17,799.80 WAlT, DAVID 283974 04-May-2004 ADMINISTRATIVE 116.32 WAlT, DAVID 284523 01-3un-2004 ADMINISTRATIVE 151.65 WAYNE SAFETY INC 284119 11-May-2004 MATERIALS 496.80 WAYNE SAFb-I-Y INC 284735 08-3un-2004 MATERIALS 248.40 WEIR FOULDS 284120 11-May-2004 CONSULTING SERVICES 7,839.73 WESTBURNE/RUDDY 284121 il-May-2004 MATERIALS 220.80 WESTBURNE/RUDDY 284284 18-May-2004 MATER[ALS 11,826.32 WHALEN, RICHARD 284736 08-3un-2004 MATERIALS 15.00 WHEELER,SUE 284737 08-3un-2004 ADMINISTRATIVE 570.55 WINGER,TERR[ 283975 04-May-2004 ADMINISTRATIVE 130.00 WINGER,TERR[ 284524 01-3un-2004 ADMINISTRATIVE 65.00 WINMAR NIAGARA 284738 08-3un-2004 CONTRACT SERVICES 1,258.28 WOLSELEY WATERWORKS GROUP 284123 Ii-May-2004 MATER[ALS 466.90 WOMEN'S PLACE OF SOUTH NIAGARA INC 284285 18-May-2004 GRANT 2,083.33 WOMEN'S PLACE OF SOUTH NIAGARA INC 284286 18-May-2004 GRANT 20,000.00 WONG,CHAK-SUN 284287 18-May-2004 REFUND 15.00 WRIGHT FUELS INC 284124 Il-May-2004 MATER[ALS 5,307.87 WRIGHT FUELS INC 284388 2S-May-2004 MATERIALS 26,034.17 WRIGHT FUELS INC 284525 01-.lun-2004 MATER[ALS 17,347.98 WSIB 284389 25-May-2004 ADMINISTRATIVE 24,485.89 WYLIE, BRENDA 284288 18-May-2004 ADMINISTRATIVE 745.41 XP SOFTWARE 284740 08-3un-2004 MATERIALS 2,072.88 YARNELLOVERHEAD DOOR 284741 08-3un-2004 CONTRACT SERVICES 1,218.35 YMCA 283840 29-Apr-2004 REMI'CFANCE 1,106.11 YMCA 284390 25-May-2004 GRANT 7,500.00 YMCA 284414 25-May-2004 REMFITANCE 930.09 YOUNG, LAURA 284289 18-May-2004 REFUND 33.00 YWCA ST CATHARINES 284742 08-1un-2004 REMI'UFANCE 2,300.00 Total: 21,863,813.22 Corporate Services Department F-2004-41 . ~-,,· Finance Division Kenneth E. Burden lhe C ty of jrjl / 4310 Queen Street Director Niagara Falls JJ . lj' P.O. E ox 1023 Canada ~r~, ~,..~ Niagara Falls, ON L2E 6X5 ~Jl~ web site: www.cJty.niagarafalls.on.ca Tel.: (g05) 356-7521 Fax: (905) 356-2016 E-mail: kburden@dty.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-41 - Tax Penalty Amendment RECOMMENDATION: That Council approve an amendment to the interest/penalty charge for nonpayment of taxes. BACKGROUND: The Finance Division annually reviews its tax collection policies to ensure that they are consistent with the provincial legislation, are effective in performing these duties, and are consistent with the municipal environment. Staff's review of tax collection policies identified an additional tool used by the City that is not consistent with other municipalities. Specifically, in S.342(e) of the Municipal Act, 2001, municipalities are allowed to further penalize taxpayers who fail to meet the initial due date by deeming the latter installment to be payable inunediately. In reviewing this policy, staff believes that the tool has minimal impact on tax collection effectiveness and often angers taxpayers who believe the penalty should not be charged on a tax installment that is not yet due. Staffis recommending that Council amend the Policy to discontinue this practice. Prepared by: Approved by: T. Harrison T. Ravenda Manager of Revenue Executive Director of Corporate Services Recommended by: Respectfully submitted: K. E. Burden Director of Finance Division Chief Administrative Officer Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems · Legal Planning & Development Community Services Department MW-2004-92 tll~l~ Municipal Works Ed Dujlovic The City of Falls"" 4310 Queen Street Director Niagara P.O. Box 1023 Canoda~,~.~_,~~ Niagara Falls, ON L2E 6X5 ~llJ~~ -j~ web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-92 Tender # 2004-02 H.V.A.C. Units for Fire Station # 1 RECOMMENDATION: It is recommended that Council award tender 2004-92 H.V.A.C. units for Fire Station # 1 for the tender amount of $26,696.50 to the low bidder, Castle Plumbing & Heating Inc. Background As part of ongoing upgrades and improvements to City Fire Stations, it is being proposed that the HVAC system for Station # 1 be upgraded. The proposal includes the replacement of eight (8) windows, AC units and boiler with two split AC units and two HVAC rooftop units. The proposed upgrade will provide for a reduction in Hydro and Natural Gas costs. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, May 19, 2004 at 1:15 p.m. for the above noted contract. Listed below is a summary of the total tendered price received from the four (4) Contractors. 1. Castle Plumbing & Heating Inc. $26,696.50 2. Lincoln Mechanical Contractors $29,415.29 3. Service Experts of Niagara $32,046.50 4. Mattina Mechanical Ltd. $45,218.20 The lowest tender was received from Castle Plumbing & Heating Inc. in the amount of $26,696.50. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development June 14, 2004 -2- MW-2004-92 The electrical work requested to complete this project is estimated to be $3,295.00 and will be completed by City forces and the City's Electrical Contractor. Funding has been reserved in the 2004 General Purposes Budget, account number 11-3-215000-0800005. This project is scheduled to commence on June 30, 2004 and all work to be completed within 50 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Rg, spectfully Submitted by: Domenic Minervini ald Building/Maintenance Supervisor (/ Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works Community Services Department MW.2004-98 The City of Municipal Works Ed Dujlovic Falls.. ~ 43'1o Queen Street Director Niagara JJJ P.O. Box 1023 Can~~ Niagara Falls, ON L2E 6X5 ~-r web site: www.city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-marl: edujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-98 Contract 2004-08 2004 Surface Treatment Program RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, June 1, 2004 at 1:30 p.m. for the above noted contract. Tender documents were picked up by one (1) Contractor and one (1) bid was received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the one (1) Contractor. 1. Norjohn Limited (Thorold) $ 433,345.00 The lowest tender was received from Norjohn Limited in the amount of $ 433,345.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. }Forking Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development June 14, 2004 -2- MW-2004-98 Financing: The Engineer's estimate for this contract was $425,000.00 Project Costs: Awarded Contract $ 433,345.00 Net G.S.T. 3% $ 13,000.35 TOTAL $ 446,345.35 Funding: 2004 General Purposes Budget Roadway Services Account No. 11-3-311000-040000 $450,000.00 TOTAL $450,000.00 This project is scheduled to commence on July 5, 2004, and all work to be completed within 35 working days. Councils' concurrence with the recommendation made would be appreciated. Prepared by: _ Respectfully submitted: Mike DiPaola [/John MacDonald Manager of Projects [/ Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works Community Services Department MW-2004-99 Municipal Works Ed DujIovic, P. Eng. lhe City of ~.~ 4310 Queen Street Director Fo,s-- - -"-- P.o. Bo× 1023 Niogoro Niagara Falls, ON L2E 6X5 Con~~ web site: ~.city.niagarafalls.on.ca ~ ~ Tel; (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks~city.niagarafalls.on.ca ~unc ]4, 2004 His Worship Mayor ~cd S~]ci and Members o¢ thc M~icipa] Co~cil City oCN~a~a ~a]]s, O~t~o Re: MW-2004-99 Salt Management Plan RECOMMENDATION: That staff be authorized to directly appoint the McCormick Rankin Corporation to prepare a Salt Management Plan for the City of Niagara Falls for the lump stun cost of $25,600 plus taxes. BACKGROUND: On April 3, 2004, Environment Canada published the code of practice for the Environmental Management of Road Salts. Its purpose is to guide mad authorities in developing Salt Management plans to reduce environmental harm caused by road salt. The Code applies, to road authorities using more than 500 tonnes of road salt annually. The main considerations of the Code are: the development and implementation of a Road Salt Management Plan which would take into consideration all activities potentially that result in the release of road salt into the environment, such as storage, application of salt on roads and disposal of snow containing road salt. · the implementation of best management practices related to these activities to protect the environment. the establishment of procedures to monitor and report progress accomplished, and a review after five years to consider the level of implementation of best management practices and determine if other steps are needed to further prevent or reduce negative impacts of road salts in the environment. The Salt Management Plan is to be prepared and filed with Environmental Canada by April 3, 2005 (i.e., one year after the publication date of the Code of Practice). McCormick Rankin has developed Salt Management Plans for several municipalities throughout Canada. June 14, 2004 -2- MW-2004-99 Funds forthestudyhave been approvedinthe2004 oper~ing budget, accountnumberll-3-321000- 040000. Councils'favourable consideration with theaboverecommendationisappreci~ed. par~ Respectfully submittedald~ ~o,C Tom Mussari on Manager of Building Services x/Chief Administrative Officer Recommend~by: Ed Dujlovic, P.Eng. Director of Municipal Works S:~REPORTSX2004 Reports2vlW-2004-99. - Salt Management wpd.wpd Working Together to Serve Our Community Municipal Works Parks, Recreation & Culture Business Development Buildings & By-law Community Services Department MW-2004-102 · S~II~ Municipal Works The C ty of Ed Dujlovic · 4310 Queen Street Director Niagara Falls A , P.O. Box 1023 (,..cln~~ Niagara Falls, ON L2E 6X5 ~'~""~ "~'"~'~ web site: www.city.niagarafalls,on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-102 Tender 2004-137-04 Cathodic Protection of Watermains RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Taunton Construction Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, June 8, 2004 at 1:30 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the three (3) Contractors, together with the corrected bids * 1. Taunton Construction Ltd. (Bowmanville) $342,850.00 2. Demur Construction (Niagara Falls) $357,784.00 3. Fine Grade Construction Ltd. (Niagara Falls) $638,540.00 The lowest tender was received from tenderer, Taunton Construction Limited in the amount of $342,850.00. [Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 -2 - MW-2004-102 This contractor has previously performed similar type projects for the City. Taunton Construction Limited is a company that specializes exclusively in the installation of cathodic protection. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $400,000.00. Project Costs: Awarded Contract $342,850.00 Net G.S.T. 3% $ 10,285.50 TOTAL $353,135.50 Funding: 2004 Capital Budget Watermain Replacement Program $360,000.00 TOTAL $360,000.00 This project is scheduled to commence on July 12, 2004. All works are to be completed within 45 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Respectfully submitted: /~~Bob Darrall John MacDonald k~/Chief Administrative Officer Project Manager Approved ~y~ Ed Dujlovic, P.Eng. Director of Municipal Works S:~REPORTS\2004 Reports\MW-2004-102 Tender 2004-137-04 Cathodic Protection of Watermains.wpd Community Services Department MW-2004-103 T ..... ,,~ Municipal Works Ed Dujlovic ne ~lTy OT I~'~1~ . 4310 Queen Street Director Niagara Fails YJ~Ii~ P.O. Box 1023 Canada ~"' Niagara Falls, ON L2E 6X5 ~ T~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-103 Buttrey Street Watermain Replacement Contract 2004-111-01 RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Vic Vatrt Contracting, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Thursday, June 10, 2004 at 1:30 p.m. for the above noted contract. Tender documents were picked up by ten (7) Contractors and seven (7) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the seven (7) Contractors, together with the corrected bids *. 1. Vic Vatrt Contracting (Welland) *$449,651.88 ($472,501.88) 2. DeRose Bros. General Contracting Ltd. (Thorold) *$498,654.00 ($490,654.00) 3. Demar Construction (Niagara Falls) *$515,205.00 ($517,425.00) 4. CondottaConstruction (Thorold) *$525,105.55 ($523,305.55) Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 -2- MW-2004-103 5. Alfidome Construction Limited (Niagara Fails) $535,535.00 6. Fine Grade Construction Ltd. (Niagara Falls) $538,986.00 7. O'Hara Trucking & Excavating Inc. (St. Catharines) $547,980.00 The lowest tender was received from Vic Vatrt Contracting in the amount of $449,651.88. This Contractor has previously performed similar type projects. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $550,000.00 Project Costs: Awarded Contract $ 449,651.88 MOE Approval $ 2,300.00 Net GST (3%) $ 13,489.56 TOTAL $ 465,441.44 Funding: 2004 Capital Watermain Replacement Program $470,000.00 TOTAL $470,000.00 This project is scheduled to commence on July 12, 2004, and all work to be completed within 40 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Respectfully submitted: Project Manager ~// Chief Administrative Officer Ed Dujlovic Director of Municipal Works Community Services Department MW-2004-104 ' S'~I~"~I[ Municipal Works Ed Dujlovic The C~ty of · 4310 Queen Street Director N~agara Fall P.O. Box 1023 Can~~ Niagera Fells, ON L2E 6X5 ~-~ web site: www.city.niagerefells.on.c8 Tel.: (905) 356-752'1 Fex: (905) 356-2354 E-meil: edujlovi@city.niegemfells.on.ce June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-104 Ontario Avenue Watermain Replacement Huron Street Road & Underground Services Contract 2004-126-03 RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Fine Grade Construction Ltd., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, June 8, 2004 at 1:30 p.m. for the above noted contract. Tender documents were picked up by ten (10) Contractors and five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the five (5) Contractors, together with the corrected bids *. 1. Fine Grade Construction Ltd. (Niagara Falls) $543,769.30 2. Alfidome Construction Limited (Niagara Falls) $572,382.00 3. O'Hara Trucking & Excavating Inc. (St. Catharines) $574,068.00 4. DeRose Bros. General Contracting Ltd. (Thorold) $597,994.47 5. Vic Vatrt Contracting Ltd. (Welland) *$618,633.23 ($608,208.53) Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 -2- MW-2004-104 The lowest tender was received from Fine Grade Construction Ltd. in the amount of $543,769.30. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $620,000.00 Project Costs: Awarded Contract $ 543,769.30 MOE Approval $ 2,300.00 Net GST (3%) $ 16,313.08 TOTAL $ 562,382.38 Funding: 2004 Capital - Watermain Replacement Program $326,683.70 Special Purpose Reserve Account - Sanitary Sewer $130,000.00 2004 Sidewalk Repair $ 26,000.00 Prepaid Subdivision Reserve Account - St. George Avenue $ 25,000.00 2004 Capital Valley Way Storm Sewer Extension $ 33,000.00 Developer (Danny Colangelo) Valley Way Storm Sewer $ 29,316.30 TOTAL $570,000.00 This contract is for the replacement of the watermain on Ontario Avenue from Queen Street to Morrison Street and on Huron Street from Ontario Avenue to Crysler Avenue. On Huron Street from Ontario Avenue to St. Clair Avenue, the construction will include replacing the sanitary sewer, a new storm sewer and the reconstruction of the road and sidewalks. The contract includes the installation of curb and gutter on the east side of St. George Avenue from Stamford Green Drive to Brock Street and the extension of the storm sewer on Valley Way from Drummond Road westerly. This project is scheduled to commence on July 12, 2004, and all work to be completed within 45 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: ~espectfully submitted: ! Project Manager Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works S:\REPORTS~004 Reports~vlW-2004-104 lender 2004-126-04 Ontario & Huron.wpd Community Services Department MW-2004-105 · ,~.~ Municipal Works The C ty of Ed Dujlovic · $ ~,~ 4310 Queen Street Director N~ogoro Foils -- , P.O. Box 1023 ~clnGGG.,~,,~'~ Niagara Falls, ON L2E 6X5 ~'"~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-105 Engineering Civil Standards Update and Integration RECOMMENDATION: In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Civil Studios Inc. to complete a Civil Standards Update and Integration program in the Engineering Services ~ Project Section for the upset limit of $26,530.63, excluding GST. BACKGROUND: The City of Niagara Falls needs to update and integrate our Civil standards with the present technology. The Civil standards and procedures that are presently used to prepare the engineering drawings for construction were developed in 1988. Since 1988, minor revisions have been made to these standards. Due to changes in technology, the standards and procedures need to be updated and integrated with the final drawing format to improve the coordination of drawing information with the City' surveyors, design staff and consultants. The updated standards and improved integration will increase the productivity of the City staffand allow for quicker ease and access to the drawings. The improved standards will also simplify the procedure to allow the consultants to conform to the City's standards. Civil Studios Inc. will carry out the work through the Summer/Fall and provide final documents in December 2004. As per the City's Consultant Selection Policy, direct appointment for Consultants up to $60,000.00, Civil Studios Inc. has been selected to complete this work. Civil Studios Inc. has can'ied out similar Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 -2- MW-2004-105 work for the Regional Municipality of Niagara and The Ministry of Transportation. For the City of Toronto, this firm completed the new Civil Standards for the amalgamated City integrating the different standards used by the previous City's and Metro Toronto. Staff is therefore recommending that they be retained for this work. Sufficient funding, $30,000, is available from the 2004 General Purpose Budget, Account # 11-3-371050-04000. Council's concurrence with the above recommendations would be appreciated. Prepared by: Respectfully submitted: Bob Darrall Project Manager tive Officer Ed Dujlovic, P.Eng. Director of Municipal Works S:\REPORTS~2004 Reports\MW-2004-105 - Engineering Civil Standards Update and Integration.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department MW-2004.107 ' Municipal Works The City of~1~, Ed Dujlovic 4310 Queen Street Director r~ a a'" Falls ...?.ar._ P,o. Box 1023 ~an~~ Niagara Fails, ON L2E 6X5 ~11~¢T- web site: www.city,niagarafalls,on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-107 St. Davids Sanitary Servicing Project Cost Sharing and Operating Agreement Between City of Niagara Falls and Town of Niagara-on-the-Lake RECOMMENDATION: It is recommended that the Council authorize the execution of the cost sharing and operating agreement with the Town of Niagara-on-the-Lake for the City's portion of the St. David's Sanitary Servicing Project. BACKGROUND: The Town of Niagara-on-the-Lake is in the final stages of completing the St. Davids Sanitary Servicing project which included the extension of approximately 850m of sanitary sewers on Stanley Avenue in the City of Niagara Falls. City Council has supported the project since inception and at its meeting on August 11, 2003 directed staffto enter into negotiations with the Town and any benefitting property owners. Efforts to seek feedback from existing property owners were made over the past year, however; the discussions were limited due to the fact that we do not have final costs for this project. The Agreement (attached) has been signed by the Lord Mayor and Clerk of the Town of Niagara-on- the-Lake and includes the following key components: 1. All design and construction costs for the trunk sanitary sewer on Stanley Avenue will be shared equally between the City and the Town up to a maximum of $350,000. Any costs above this limit are the responsibility of the Town. Working Together to Serve Our Community Municipal Works · Fire Services · Parka, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 - 2 - MW-2004-107 2. The City will be responsible for the costs of the service laterals (which will eventually be recovered from property owners as they wish to connect). 3. There will be a one year maintenance period during which time the Town will require its contractor to be responsible for the quality and workmanship of the sewer. 4. The City agrees to reserve the Approved Design Capacity in its sewer system to accommodate the flows coming from the St. David's system. Any development applications in the community of St. David's that exceed this design flow limit will require the City's approval. 5. The City, Town and Regional Municipality of Niagara will ensure that proper measurement of the flows coming from the Town will take place and that an appropriate mechanism for billing is implemented. The terms, conditions and format of this document have been reviewed by the City's Legal Services and staff is comfortable with the recommendation to proceed with the execution of the Agreement and corresponding by-law. With respect to the final cost sharing, Municipal Works staff will be preparing a report once the invoice from the Town has been received and a determination of appropriate costs is calculated for existing homes and new developments that are tributary to the new sewer. Prepared by: Respectfully submitted: eo olman Manager of Development ~J Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works Attach: SSREPORTS\2004 Reports~vlW-2004-107-St. Davids Report #4.wpd THIS COST SHARING AGREEMENT made this 30th day of April, 2004. BETWEEN: THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE Hereinafter referred to as the "Town" OF THE FIRST PART; - and - TIlE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the Town proposes to construct a sewage collection system (the "Collection System") for sewage works; AND WltEREAS the construction of a gravity sewer (the "Gravity Sewer") along Stanley Avenue in the City of Niagara Falls, and in accordance with the plans and specifications attached hereto as Schedule "A", forms part of the Collection System; AND WItEREAS the parties hereto wish to enter into an agreement with respect to the ownership, sharing of costs for design and construct!on, and operation and maintenance of both the Gravity Sewer and the service laterals and connections to the Gravity Sewer; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein COntained and subject to the terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. In this Agreement: 1. "Approved Design Capacity" means the ultimate condition design flow for the Collection System in the Project, calculated to be 84.3 Ids; 2. "Reserved Design Capacity" means 70.97 Ids design flow; 3. "costs" include the actual design and construction costs of the Gravity Sewer and service laterals and connections to the Gravity Sewer, as applicable; · -2- 4. "Contractor" means the contractor awarded the contract by the Town for the construction of the Gravity Sewer and the construction of the service laterals and connections to the Gravity Sewer; and 5. "Project" means, colleciively, the design and construction of a Gravity Sewer and the design and construction of the service laterals and connections to the Gravity Sewer along Stanley Avenue in the City of Niagara Falls in accordance with the plans and specifications attached hereto as Schedule "A". 2. The Town shall, at its sole cost and expense: 1. coordinate the tendering for the Project; 2. obtain all necessary approvals, permits, licenses and certificates for the Project; and 3. construct the Project in accordance with the plans and specifications attached hereto as Schedule "A" and forming part of this Agreement. 3. Design and construction costs of the Gravity Sewer component of the Project shall be shared equally by the Town and the City, up to a maximum payable by the City to the Town of Three Hundred and Fifty Thousand Dollars ($350,000.00). 4. The City shall pay to the Town its proportionate share of the design and construction costs of the Gravity Sewer component of the Project, or the sum of Three Hundred and Fifty Thousand Dollars ($350,000.00), whichever is less, upon the commencement of the one (1) year maintenance period by the Contractor for the entire Project, including the service laterals and connections to the Gravity Sewer component of the Project. -3- 5. Notwithstanding the provisions of paragraphs 3 and 4, the City shall be solely responsible for the design and construction costs of the service laterals and connections to the Gravity Sewer component of the Project, which service laterals and connections shall be solely for the benefit of the City and its residents. The said service laterals and connections to the Gravity Sewer shall be constructed by the Town in accordance with the provisions of this Agreement, at the sole cost and expense of the City. 6. Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Town, its agents or Contractor(s), which has been rejected by the City as failing to conform to the plans and specifications in Schedule "A" shall be removed promptly and replaced or re-executed promptly at the sole cost and expense of the Town. 7. Upon the expiration of the one (I) year maintenance period by the Contractor as set out ~ herein, the Town shall transfer ownership of the Project to the City, and the City shall thereafter assume any and all responsibility with respect to the ongoing operation and maintenance of the Project. 8. The City agrees to reserve the Reserved Design Capacity for the Town within the Approved Design Capacity for the Collection System in the Project, and the parties hereto agree that any and all reques, ts by the Town to connect to the Project in excess of said Reserved Design Capacity must be approved in writing by the City. -4- 9. The parties hereto agree that they will utilize the standards under which the Regional Municipality of Niagara operates with respect to the measurement, recording and billing of sewage flows entering the Project. 10. Prior to the commencement of construction, the Town agrees to obtain insurance coverage from the Contractor in respect of the Project for Comprehensive General Liability and Automobile Insurance, which insurance coverage shall be Two Million Dollars ($2,000,000.00) for comprehensive general liability and Two Million Dollars ($2,000,000.00) for automobile insurance naming the City as a named insured, in a form acceptable to the City Solicitor of the City. 11. In the event o f any breach or non-performance by either party at any time or times in respect of any covenant or agreement contained in this Agreement, the aggrieved party (the y "Aggrieved Party") may serve a notice on the other party (the "Party in Breach") requiring the Party in Breach to either remedy its breach or non-performance or, if the matter has not yet been arbitrated, serve a notice demanding arbitration on the Party in Breach within thirty (30) days. In the event that the Party in Breach does not comply, the Aggrieved Party will have recourse to any and all remedies available to it at law, including the right to submit the matter to arbitration in accordance with the provisions below. -5- 12. Any condoning, excusing or overlooking by any party of any default, breach or non-observance by any other party at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's fights in respect of any subsequent default, breach or non-observance. 13. This Agreement, including all schedules, constitutes the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations and understandings, both written and verbal, in respect of the subject matter hereof.. 14. This Agreement cannot be changed or modified except by another agreement in writing signed by the parties. 15. Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e-mail, by fax or be prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. Such notice or document shall be deemed to have been given: 1. in the case of personal delivery, on the date of delivery; 2. in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and -6- 3. in the case of registered post, on the third day, which is not a holiday, as defined in the Interpretation Act, following posting. Notice shall be given to the Town at: The Corporation of the Town of Niagara-on-the-Lake 1593 Creek Road P.O. Box I00 Virgil, Ontario LOS 1T0 Attention: Direct6r of Public Works Telephone No. (905) 468-3278 Fax No. (905) 468-1722 and to the City at: The Corporation of the City of Niagara Falls ~ 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Director of Municipal Works Telephone No. (905) 356-7521 .~, Fax No. (905) 371-2892 16. The Town and its Contractor(s) shall comply with all provisions of the Construction Lien Act, (the "Act") in the construction of the Project and, without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the Act. These holdbacks and funds shall not be disbursed except in -7- accordance with the Act. 17. The Town shall, at its own expense, within ten (10) days o f receiving written notice from the City to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Act which affect any lands owned by the City, including public highways, and which arise out of the performance of this Agreement by the Town and its servants, employees, agents and Contractor(s). 18. The Town shall indemnify and hold harmless the City from all losses, damages, expenses, actions, causes of action, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of any failure, neglect or refusal by the Town to comply with the Act, or by reason of any action brought against the City pursuant to the Act and arising out of the performance of this Agreement by the Town and its servants, employees, agents ·; and Contractor(s). 19. The City is not responsible or liable: 1. for any loss or damage that may happen to the Project, or to any part or parts thereof; 2. for any of the materials or other things used and employed in finishing and completing the Project or any part or parts thereof; 3. for any injury to any person or persons, including workmen and the public during the construction of the Project byt~e Town pursuant to the provisions of this Agreement; -8- 4. for damage caused by the storage, handling or use of explosives during construction of the Project; 5. for damage to any roadway, pavement, sidewalk or other property of the City during consh'uction of the Project; or 6. for damage to the property of any person caused by the construction or operation of the Project, and the Town agrees to indemnify and save harmless the City, its employees, servants and agents from any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the foregoing or for any other act, failure to act, matter or thing arising either directly or indirectly under the provisions of this Agreement. 20. Notwithstanding any provisions of this Agreement, the City is not liable for and no provision of this Agreement is to be construed as imposing upon the City any liability, in respect of any matter or thing arising directly or indirectly out of the provisions of this Agreement, for any ~ damage to the Town, to any other person or to any property of the Town or of any other person by reason off 1. any inspection carded out by the City or a duly authorized employee or agent of the City under any by-law of the City, or otherwise; 2. the failure of the City or any duly authorized employee or agent of the City to carry out any inspection under any by-law of the City, or otherwise; or 3. the approval or disapproval of any matter or thing, arising directly or indirectly out of the provisions of this Agreement by the City or any duly authorized employee, -9- servant or agent of the City, and in this connection the Town agrees to indemnify and forever save harmless the City and its employees, servants and agents fxom any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the provisions of this paragraph. 21. Until ownership of the Project transfers to the City in accordance with the provisions of this Agreement, the Town shall indemnify the City against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of the Town, its agents, employees or Contractor(s) doing, failing to do, or doing incorrectly or negligently anything it is required to do by the terms of this Agreement. 22.Wherever the singular or masculine is used in this Agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and -~ terminological changes thereby rendered necessary have been made and all covenants hereto contained shall be construed to be several as well as joint. 23. The parties agree that no party may assign their respective rights or obligations under the terms of this Agreement without the prior written consent of the other party, which consent may not be unreasonably withheld. -10- 24. TNs Agreement shall be govemed and construed in accordance with the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 25. This Agreement and all items contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns and successors in title. 26. The parties will attempt to resolve any differences between them respecting any matter in this Agreement by negotiation between themselves personally or by their respective solicitors. The parties hereby consent to the appointment of a mutually agreed upon mediator to assist in the resolution of any dispute arising out of this Agreement, and failing a resolution, any and all disputes that may arise between the parties in relation to this Agreement will be submitted to arbitration by the Water and Wastewater Services Division of The Regional ~' Municipality of Niagara under the provisions of the Arbitrations Act, 1991. 27. The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other, or to create any fiduciaxy relationship between themselves. Nothing in this Agreement shall constitute the parties being construed as partners or agents of one another, nor, except as may be expressly provided in this Agreement, constitute any of them the agent of the other party. -11- 28. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding upon the pasties hereto. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. com, oex aorfl, a'HE OFNf~GARAfON~TH.E-LAKE // ~ Holly Do~ Town Clerk THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R.T. (Ted) Salci, Mayor Dean Iorfida, City Clerk Community Services Department MW-2004~108 The City of jl j i / Municipal Works Ed Dujlovic Niagara FallslJ llr 4340 Queen Street Director Canad~.~~ P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~r web site: wvwv.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-108 Contract 2004-05: Cold-In-Place Recycling Beaverdams Road (Kalar Road to Beechwood Road) Mcleod Road (Kalar Road to Garner Road) RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer Rankin Construction Inc., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, June 8, 2004 at 1:30 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received fi.om the Contractors. 1. Rankin Construction Inc. (St. Catharines) $ 287,493.00 2. Norjohn Contracting (Thorold) $ 297,300.00 3. Steed & Evans Ltd. (Thorold) $ 324,384.00 4. Hard Rock Paving Company Ltd. (Port Colbome) $ 339,480.00 The lowest tender was received from Rankin Construction Inc. in the amount of $ 287,493.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development June 14, 2004 -2- MW-2003-108 Financing: The Engineer's estimate for this contract was $325,000.00 Project Costs: Awarded Contract $ 287,493.00 Net G.S.T. 3% $ 8,624.79 TOTAL $ 296,117.79 Funding: 2004 General Purpose Budget Roadway Services Account No. 11-3-311000-080001 $ 300,000.00 TOTAL $ 300,000.00 Council is advised that the $ 300,000.00 has been set aside from the Asphalt Overlay Program for this project. This project is scheduled to commence on June 28, 2004, and all work is to be completed by August 20, 2004. Council's concurrence with the above recommendation made would be appreciated. Prepared by: Respectfully submitted: John MacDo~i/ M~Pa~la~-- ~inistrative Officer Project Manger Ed Dujlovic, P.Eng. Director of Municipal Works S/REPORTS~2004 Repons/MW-2004 10g Cold In Place Recycling, Beavc~dan~ Rd & Mcleod wpd Corporate Services Department PD-2004-49 . , ,~,~ Planning & Development Doug Darbyson The C ty or 4310 Queen Street Director Niagara FallslJ , lI, P.o. Box 1023 ~J~'~" Niagara Falls, ON L2E 6X5 Canada _. ~ll~F web site: www.cJty.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 I:-m~il'. I~l~nninc~)ei~y.ni~g~m~ll~.on.ea June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-49, Zoning By-law Amendment Application AM-08/99, 8158 Lnndy's Lane 40-Bed Expansion to Greycliffe Manor Applicant: Joe Melo RECOMMENDATION: It is recommended that Council pass the amending by-law listed on tonight's agenda to permit a 40- bed expansion to Greycliffe Manor. BACKGROUND: On June 7, 1999, Council approved a Zoning By-law amendment application by Joe Melo to permit the construction of a two-storey, 40-bed addition to the Greycliffe Manor retirement home at 8158 Lundy's Lane. The addition was proposed on the west side of the existing 62-bed facility. Refer to the attached drawing for further detail. A new site specific Institutional zone was requested to facilitate the development. No objections to the amendment were received fi'om staff, circulated agencies and the public. Council approved the application unanimously without conditions. Staff prepared the amending by-law and sent it to the applicant for comments on June 25, 1999. The file was dormant until the applicant requested (see attached letter) to have the amending by-law presented to Council for adoption. Subsequent to Council's passing of the amending by-law, all assessed land owners within 400 feet (120 metres) of the subject land will receive written notice of the by-law's passage. Working Together to Serve Our Community Clerks Finance · Human Resources · Information Systems · Legal · Planning & Development June 14, 2004 -2 - PD-2004-49 Although a considerable amount of time has passed since Council approved the application, staff recommends that Council pass the by-law listed in tonight's agenda to amend the zoning of the subject land. Prepared by: ,,Respectfully submitted: . Ken Mech [/tlohn MacDonald Manager of Current Planning "~ Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Executive Director of Corporate Services KM:gd Attach. S:XPDR~2004~PD2004-49, AM-08-99, 8158 Lundy's Ln-Melo.wpd RECEIVED. .~R 3 1999 PLANNING & OEVELOPMENT Mr. Joe Melo May 11,2004 115 Lovers Lane Ancaster, Ontario L9G 1 G5 905 973 2361/fax 905 304 4927 The City of Niagara Falls Planning & Development 4310 Queen Street L2E 6X5 Dear Mr. Mech Re: AM - 8~99 By - Law Amendmant Application 8158 Lundy$ Lane Proposed expansion to Greycliffe Manor Thank you for your support raguarding this matter. On June 7, 1999 my application to expand Greycliffe Manor from a 62 bed home to a 102 bed home was heard before city council, I was granted approval. I was not aware of the by-law and the site plan ap~oval condition, I would like 1o pay for the applications so we can proceed with this expansion, It was an error on my part that we did not fill out the last two applications, We ere not asking to change our application, but too complete the application process. I hope that I can come in and pay the fees to complete the applications. Once again thank you for all your help. Yours truly, RECEIVED MAY 1 I 200 PLANNING -& DEVELOPMENT Corporate Services Department PD-2004-51 ~ Planning & Development Doug Darbyson The City of 4310 Queen Street Director Niogor(l FclIIs J _ P.O. Box 1023 CQn~~ Niagara Falls, ON L2E 6X5 ~-I~" web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-51, Request for Extension to Draft Plan Approval West Meadow (Plan 2), 26T-11-9702 Owner: Wedgewood Builders of Niagara Ltd. RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the West Meadow (Plan 2) Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within three years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. Planning Review The developer has submitted a request for an extension to draft approval of the West Meadow (Plan 2) Plan of Subdivision (see attached letter and location map - Schedule 1). Original draft approval for the plan was received from the City on December 30, 1997. Previous extensions have been granted by Council. In addition, staff granted temporary extensions as the anniversary of the formal approval date has passed and to allow the submission and review of a request. Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems Legal · Planning 8, Development June 14, 2004 - 2 - PD-2004-51 The subdivision conforms to the City's Official Plan and is zoned appropriately. The plan consists of 11 single-detached lots on a cul-de-sac roadway. There are no additional municipal expenditures required for external or internal servicing or oversizing. The Region has no objection to the extension of draft approval for a one-year period. The developer has indicated that they are not ready to proceed with the subdivision at this time. CONCLUSION: Based on this review, a further one-year extension (until December 30, 2004) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information purposes. Prepared by: Respectfully submitted: PP~Chann~ 2Wils°n tive Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S 5PDRX2004~PD2004-51, 26T-11-9702-West Meadow (Plan 2).wpd ,~1~ Planning ~ H 0 M E S City &Niagara Falls May 20,2004. 4310 Queen St. Niagara Falls, Ontario Planning and Development Attention: Mr. D. Dafoyson Dear Sir: Further to your letter dated December 23, 2003 we wish to fomuflly apply for a I year extention of draft plan approval for West Meadow (Plan 2) 26T-11-9702 as we are not ready to proceed at this time. Yom's sincerely, Donna Walters Per: Wedgewood Builders ofN'mgara ULmited 8053 Post Road ~A¥ 9~ ¢.,nnl_ ~ Niagara Falls, Ontario L2H 2L2 (905) 356-2820 - _ _PLANNING J & DEVELOPME T SCHEDULE 1 Draft Plan of Subdivision West Meadow (Plan 2) 26T-11-9702 Location Map Subject Land 1: NTS Corporate Services Department PD-2004-$5 Planning & Development Doug Darbyson The City of J~ll~ 4310 Queen Street Director Follsll~ ~_. P.O. Box 1023 Niagara Ccln~~J~"~ Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca ~r--~ll~l~ -! Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PI)-2004-55, Zoning By-law Amendment Application AM-15/2004, 5881 Thorold Stone Road Applicant: Muller Properties Limited Proposed Indoor Recreational Facility RECOMMENDATION: It is recommended that Council pass the amending by-law appearing on tonight's agenda to permit an indoor recreational facility to be established on a portion of the land. BACKGROUND: On April 19, 2004, Council approved a Zoning By-law amendment application to permit an indoor recreational facility (soccer dome) to be established on a portion of the land known as 5881 Thorold Stone Road (off Sinnicks Avenue). Council's approval was given subject to the following conditions: · a traffic and parking study to the satisfaction of Municipal Works; a "Holding" provision in the amending by-law to require Provincial environmental requirements to be met; and · soil contamination testing being performed on the appropriate properties. The attached staff report PD-2004-32 details the background of these conditions. As noted below, the conditions have been met. The applicant has submitted a traffic study to the satisfaction of Municipal Works. No adverse impacts are anticipated and any recommended measures will be incorporated into the site plan. A parking standard for the use which is acceptable to staff has been incorporated into the amending by-law. Working Together to Serve Our Community Clerks Finance · Human Resources · Information Systems · Legal Planning & Development June 14, 2004 - 2 - PD-2004-55 The applicant has also submitted a Phase II Environmental Area Specific Investigation and Record of Site Condition which included soil contamination testing. No additional tests have been conducted since the public meeting. The Region has acknowledged that these records show that the site meets Provincial environment requirements and no further testing is recommended. Therefore, imposing the previously recommended "Holding" zone on the property is no longer necessary. Following Council's direction a neighbourhood meeting will be held during the site plan approval process prior to development of the site. CONCLUSION: The applicant has met the conditions with respect to traffic, parking and Provincial environment requirements. The amending by-law appearing on tonight's agenda can be passed. Prepared by: Respectfully submitted: ~/'- John MacDonald Andrew Bryce Planner 2 Chief Administrative Officer Recommended by: Doug Dar"byson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AB:gd Attach. S:kPDRX2004kPD2004-55, AM-15-04, 5881 Thorold Stone-Muller.wpd Corporale Se ee Department PD-2004.32 Planning & Development Doug Darbyson //4, 4310 Queen Street Clfy of P.O. Box t023 Niagara Falis~llll~lllr Niagara Falls, ON 19E 6X5 CC~rlCICI~~' web site: www.cRy, nlagarafadl$.on.ca ~'~ Tel.: (905) 356-7521 I The recommendation(s) contained~ in this reporiwere adopted as Fax: (905) 356-2354 ! amended by City Council / E-mail; planntngOcity.nlagarafalls, on.ca April 19, 2004 ~-~ Worship Mayor Ted Sa]ci and Members of the Municipal Council City of Niagara Falls, Ontario Memb~r~: Re: PD-2004-32~ Zoni~tg By-law Ameadmeat Applieattom AM-15/2004~ 5881 Thorold 8to.e Road Applicant: Muller Properties Ltd. Proposed Recreatiomsl Use (Iudeor Soccer Dome) RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit a recreatiousl use (indoor soccer dome) to be established on the subject lands conditional on the completion of a ~raffic lind parking study to the satisfaotion of Munioipal Works; 2) the amending by-law restrict the use of the parcel to a recreational use only, subject to the site sp~ifiG standards outlined in this report and ir~lude a "Itold'mg" provision which is to be removed when Provincial enviro~ental requirements are satisfied. * that soil contamituitlon testing be perle:mud & £u]cther~ that the BACKGROUND: neighbours be involved in the site plan process.* Muller Properliea Ltd. has requested an amendment to the Zoning By-law for a 0.9 hectare (2.2 acm) portion of the lands known as 5881 Thorold 8lon~ Roacl~ as shown on Schedule 1. The applicant has concmrcntly submitted a consent application (B-08/2004/lqF) to create the lot which will front onlo Sinnicks Avenue. The amendment is requested to permit an indoor soccer dome to be built on the proposed lot. Details of the development are shown on Schedul~ 2. The proposed lot is aoned General Industrial (Gl). The applicant is proposing to add a r~reational use as a permitted use for this new lot in order to permit an indoor soccer dome. The balance of the site is proposed to be retained for industrial uses. Surrouadiog Land Uses The proposed lot is surrounded by single detached dwellings to the north, west and southwest, along Sin_nicks Avenue. Thc land the applicant proposes to ~etain is used for a variety of general industrial uses. Lands further ~o the south and east arc also used for industrial purposes. P/orliln~ Together to,gene Our Co~nr~uniO, April 19, 2004 - 2 - PD-2004-32 Circulation Comments · Regional Municipality of Niagara - The reuse of these industrial lands for a recreational use is more appropriate for the area, subject to adequate buffering being provided for the residential area. - The Phase I Environmental Assessment report does not appear to assess the proposed parcel in detail and the parcel has been used for industrial storage. Therefore, a Phase 2 Environmental Site Assessment and a Record of site condition including soil testing will be requested as a condition of approval of the severance application. - There is adequate separation between the existing industrial uses, the CN rail line and the proposed use in accordance with the applicable Ministry of the Environment (MOE) guidelines. - As part of the site plan process, a noise assessment tailored to this property should be prepared by a qualified acoustical engineer to evaluate potential impacts and any mitigation measures in accordance with MOE stationary noise guidelines. · Building &By-law Services - All building permits to be obtained prior to commencement of construction. Any comments with regard to the Ontario Building Code to be addressed during the Site Plan approval process. · Municipal Works - A 2.44 metre (8 foot) widening will be required along the Sinnicks Avenue frontage of the property to achieve the desired road width established in the Official Plan. - A traffic safety and parking study should be done to determine and mitigate measures on the road system, and to identify the number of parking spaces needed for the facility. - A full range of underground services is available from Sinnicks Avenue. Sidewalks are located on both Sinnicks Avenue and Thorold Stone Road. · Economic Development - should ensure parking, access, lighting and change room facilities are adequate to serve the facility. · Parks, Recreation & Culture - No objections, however, the City is working on providing an indoor soccer facility in conjunction with the Home for Girls Soccer on Kalar Road, and plans are being finalized for the facility. It would be difficult to support two facilities, however, the proponent has a righi to proceed with this request. April 19, 2004 - 3 - PD-2004-32 In addition, letters have been received from residents close to the proposeu facility. Concerns have been raised about the appropriateness of the site, potential traffic from the facility, adequacy of parking, fencing, buffering and lighting, hours of operation and the height of the dome. Neighbourhood Meeting On April 5, 2004 a neighbourhood meeting was held by the applicant. The residents in attendance raised a number of questions and concerns related to traffic, including the traffic generated and parking needs for the project, and concerns about speeding on Sinnicks Avenue. The applicant summarized the anticipated traffic generation, discussed in the attached correspondence from SoccerWorld Hamilton. As well, a number of concerns were raised about existing drainage and flooding, fencing, lighting and preservation of vegetation. Through further discussions, it appeared that these concerns could be addressed through site plan control. Some concerns were also raised about the existing industrial operations, including limited buffering and screening for nearby residences, noise and waste paper blowing off the property. Planning Review The following is a summary of staff's assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Industrial in the Official Plan. The predominant use of the lands is to be for industrial purposes. In order to accommodate changing market conditions and new development trends, the policies allow Council to consider amendments to the zoning by- law to permit recreational uses within industrial districts. These recreational uses are to be restricted as to their location, size and extent of operation so that the industrial function is not to be diminished. Adequate provision is to be made for parking, traffic circulation and pedestrian safety. The Official Plan also stipulates that industrial zones are to be arranged in a graduation with lighter, more prestige type uses located close to residential districts. Heavy and general industrial zones are to be separated from residential areas, wherever possible, to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. The proposed use conforms with the Official Plan as follows: The proposed lot does not front onto an arterial road or a controlled access highway and, therefore, does not need to be reserved for industrial uses that require high visibility locations. The location of the proposed facility, at a fringe of an industrial area, and the removal of the lot from the City's inventory of industrial land will not affect the integrity of the industrial area. The use is more compatible with the abutting residential uses than a general industrial use and represents an acceptable transition use between general industrial and residential April 1 ~, ZUU4 ' ~ ' PD-2004-32 land uses..:urrent use of the property for in,~ .... ~al open storage may not significantly impact nearby residences. However, a new general industrial use with the accompanying truck traffic could be established, having a greater impact on the abutting residences than a recreational use. A recreational use is a more appropriate use of the property. Generous landscaping will be provided to provide buffering, aesthetic appeal and help integrate the property into the surrounding residential area. Site plan control would ensure adequate parking and functional traffic and pedestrian circulation are provided. 2. The requested amendment, with a "Itolding" provision, is appropriate for the site. The property is currently zoned GI. This zoning permits a wide range of industrial uses, including some heavier industrial uses such as a tannery, building materials manufacturing, fuel storage and a meat products plant. In addition, it includes a number of uses that may generate a considerable amount of truck traffic, such as an equipment yard, contractor's yard and a tracking/shipping terminal. As many of the uses are not compatible with residential uses, it is recommended that the amending zoning by-law restrict the use of the future parcel to recreational uses only. The amending zoning by-law should be utilized to ensure sufficient parking is being provided. The applicant has indicated the main use will be for hourly, five-on-five soccer matches. With two fields, this would generate 20 participants. There will be minimal numbers of spectators. Providing one parking space per participant would require 20 spaces. However, allowance must be made for overlap, with teams arriving and preparing while a game is on. Therefore, it would be appropriate for 40 spaces to be provided for the facility. It should be noted that the City's traffic section has recommended a traffic safety and parking study be undertaken for this project to ensure safe traffic movements and an appropriate number of spaces are provided. Should this study recommend a different number ofparking spaces, this revised number should be used in the Zoning By-law as the minimum number of parking spaces. This study should be completed prior to the preparation and passage of the amending by-law. To further mitigate impacts on surrounding residences, the following standards should be implemented in the amending by-law: Generous landscaping including strips of 3.7 metres (12 feet) abutting residential properties and 10 metres (33 feet) adjacent to Sinnicks Avenue. Closed board wood fencing of a minimum height of 1.8 metres (5.9 feet) abutting residential properties. The standards should mitigate the impact these uses would have on smxounding residences. This parcel has previously been used for industrial storage. The Region has requested a Phase 2 Environmental Assessment be done on this parcel as a condition of approval. To address the Region's comments, this by-law should be subject to a "Holding" provision. Once this study and environmental issues are addressed and the above noted traffic and parking study completed to the satisfaction of Municipal Works, this "Holding" provision will be removed. April 19, 2004 - 5 - PD-2004-32 3. Site Plan Control will ensure high standards of development ~,,c the site. Site Plan Control will be required for this development. Provision of fencing, landscaping, a paved parking area with proper drainage facilities and waste disposal facilities will be required. Floodlighting or security lighting for the facility will be required t0 be contained to the site. There has been some concern raised about noises generated by thc inflation and heating equipment for the facility. The Region has requested a more detailed assessment be completed by an acoustic engineer. Through the site plan process, this assessment would be completed and any necessary mitigation measures implemented. CONCLUSION: The requested amendment can be supported for the following reasons: The use would complywith Official Plan policies regarding recreational uses in industrial area, and will not impact on the integrity of the surrounding industrial area. The use is more compatible with surrounding residences than a general industrial use and represents a transition between residential uses and heavier industrial uses. The zoning by-law amendment and site plan control will be utilized to regulate the development and mitigate impacts on the surrounding residential area. A "Holding" provision should be implemented with the amending by-law. This "Holding" provision will be lifted once environmental requirements are satisfied. ~/~ ARespectfully submitted: ! Andrew Bryce f JJ~hn MacDonald Planner 2 ~Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development T. Ravenda Executive Director of Corporate Services AB:pb S:XPDR~2004~PD2004-32, AMq 5-04, Proposed Indoor Soccer Facility wpd 3CHEDULE 1 LOCATION MAP, Subject Land Amending Zoning By-law No. 79-200 Location: 5881 -I'horold Stone Road Applicant: Muller Propedies Ltd. 1 :NTS AM-15/2004 SCHEDULE 2 .ANNING ...... D~DIGN [ ozc ,,'W;g~° II 5toRT5 ~KLD ~M[ Apr, 8, ?004 I~:I7PM No.0327 P. SOCCER WORLD Hamilton 104 Frid S~-eet Hamilton, Cbatario, Cansda LSP 4M4 Tel~ho~e: (905) 521~7~ Na~Be: (90~ 521-1142 ~M~; ~o~occe~orid~ste~o~ ~e Ci~ of~i~ F~ls PI~ ~d 4310 ~ P.O. ~x 1023 ~ F~ls, ~o L2E A~: ~, ~ B~ Copy to: ~. H~ M~I~ ~. B~: ~s 1~ is ~ ~e to yo~ ~ ~ M~h 3~, 20~ to ~. R~ M~I~ ~ F~s ~R ~ ~ ~Rows; M~y to F~&y 9:~ ~ to 11 :~ pm, ~y ~d M~I ~ ~ ~~ ~ d~ ~e~ of~e y~. flow ~ ~ ~ly 5 ~I ~ ~i~ for mln~ ~tor ~, n~d ~ 2 ~[~le ~ of ~-~o1~ ~ offs ~d ~ or.bile ~n~om pl~e ~d ~clo~d ~ ~ noted it is o~ ~fion to h~e ~ f~ci~g, ~ ~1 Plc~ f~l ~ to ~n~ me fo~ ~y ~ cl~fi~6on or ad~fion~ ~afion. ~ Man~ Inc. He~ ~c. ~ ph~e: (51 ~) ~2~-~2 ~ur Cou~ ~d : 24 hr ~ice ph: 1 ~-~5-3~3 fa~ 1 -~44%~04~ 5~ ~k (~. Su~ 101; ' ~-mall: I~e~thafa~eygmup.~ Introduction ]~e following is comprised of observations from existing air str~(l:ure locations, In each case, the outdoor sound Iwels of the heat and inflation unit were examined and recorded using a digital sound level mete'. Also recorded are the particulars of the time of year, and 1fie current mode (ie, heat off, heat on...) of fl~e heat and Inflation unit_ Readies talen when the unit is in heat m~de would be considared ~he high~st sound levels, a~ both the inflation and heat motors are r~nning. Method of Testing Air Suucture iDirectiOrl EE Measunllents.~" '~ DJreclJ°O~%~~ Mea~rmell~: 'i ._ 2oft loft .~ Unit 3ft loft 2. Oft .~ Locatioll/OescrlptJon of Sound Barriers Summary Based on the sound level data collected, ~he following determinations can be made. 1.The size o! the heat and inflation unit is a factor on the sound level produced by the uniT. A large furnace will result in a high eib reading at dose range ~o the unlt~ as a smaller furnace produces lower readlng~ 2, Barriers around the heat and inflaUon unit can shield the surrounding environment from the noise produced by the unit. A fence can reduce the sound level by more than 10 da In mo~t cases, and trees or shrubs produc~ an even greater decrease, Bue to ~e fact that each site is unique, the Information compiled ~dthin this report can be used as a reai~k model on what to expe~t for noise levds for a new project. ~ouad I_e~eL~ Oc~umeqt Jan ! 7,2003 .dac THE FAP, J.L~' (~RF"D " ........ '" PAGE~ 03/O5 Noise Level Observation: Farley Group Manufacturing Facility Location: Guelph. Ontario, Canada Site Oes~ription: - located in an Industrial park - moderate to heavy street traffic - no soul~d ba~rlas such a~ fencing or trees Furnace: 2.5o Mbtu Hem and Inflation Unit Mode at T~me of'Test: Heat on Amblen~ Noise Level; 6S dB Date of Test: Ja~lua~y 15, 2001 Weather. Ove~ca~ and cold NIA~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Muniufipality of Niagara 3550 Schmon Parkway, P,O. Box 1042 ~ Planning Thorold, Ontario L2V 4T7 File:_ ~'¢al~ Telephone: 905-984-3630 Fax; 905-641-5208 E-mail: plan@regionaLniagara.0n,ca May 27, 2004 File: D,06.M. 11.26 Ms. Susan Scerbo Secretary-Treasurer Committee of Adjustment City of Niagara Falls 4310 Queen Street Niagara Fails, ON L2E 6X5 Dear Ms. Scerbo: Re: Consent Application B08120041NF East Side of Sinnlcks Avenue North of Thorold Stone Road (Reg. Road 57) Muller Properties Ifc, City of Niagara Falls Hearinq Date'. April 20, 2004 The above referenced consent application was approved by the Niagara Falls Committee of Adjustment on April 20, 2004 subject to several conditions. In particular, Condition Nc). 4 was requested by Regional Planning staff. The Regional Planning and Development recently received a Phase II Environmental Area Specific Investigation prepared by R C Environmental Consultants, dated May 4, 2004. to address Condition No. 4. Testing of soil samples revealed that contamination levels are below Ministry of the Environment guidelines, therefore, no further investigation has been recommended. A copy of the Record of Site Condition acknowledged by the Minismj of the Environment, dated May 21, 2.004, has also been submitted to the Regional Planning and Development Department. In this regard, Condition No. 4 for consent application B08/2004/NF has been satisfied and can be cleared with respect to Regional and Provincial planning interests. Yours truly, ~oto~r Golo o.~1~, RPP Senior Planner. c: Councillor W. Smeaton, Regional Municipality of Niagara Mr, R. Clarkson, RC Environmental Consultants, 98 Welland Ave., St. Catharines. ON L2R 2N1 MS. B. Ryter, Ministry of the Environment, Hamilton Mr. P. Widmeyer, Ministry of the Environment, St. Cathadnes Mt.W, Stevens, Regional Public Works RECEIVED PLANNING & DEVELOPMENT I Community Services Department R-2004-35 . ~[ Parks, Recreation & Culture The City of Director Adele Kon ..... =~,. 4310 Queen Street r~agara halls ~J~.. P.O. Box 1023 Canada~ ~' Niagara Falls, ON L2E 6X5 TI web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-35 - Fencing for Retaining Wall at Drummond Hill Cemetery RECOMMENDATION: That Council approve $35,412 plus GST for the purchase and installation of fencing to be installed in the cemetery adjacent to the retaining wall at Drummond Hill Cemetery. BACKGROUND: The fencing will replace the existing concrete barrier on top of the retaining wall. The project (relief sculptures, fencing, lighting, etc.) was previously approved by Council as one of the City's Centennial projects. Funding is included in the capital construction budget. The official opening will take place on Sunday, July 25, 2004, following the Lundy's Lane Historical Society's, 12:30 p.m., Commemoration Ceremony of the Battle of Lundy's Lane. x /~spectfully submitted: Director of Parks, Recreation & Culture ~2~//~°h~ef~ad~sat[ldative Officer AK/das S:\Council\Counci12004~R-2004-35 Fencing at Drummond Hill Cemelery.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department R-2004-37 The C~fy of ~ ' Adele Eon Parks, Recreabon & Culture .....=_~EI ~ , 4310 Queen Street ~lagara m,s p o Bo× o23 Director Can~~~~ Niagara Falls, ON L2E 6X5 ~-~' web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-37 - Canada Day - Free Swimming RECOMMENDATION: That City Council authorize free swimming at the five (5) Municipal Pools on Thursday, July 1, 2004, as part of the celebrations planned for Canada's 137th Birthday. BACKGROUND: The Niagara Falls Canada Day Committee is again coordinating the celebrations for Canada's Birthday. A busy day of entertainment, exhibits, games, classic car show and demonstrations are planned with a Parade starting off the Celebration at 11:00 a.m. It is the Committee's hope that the children of the City of Niagara Falls will further be able to enjoy and remember Canada's Birthday, through the annual offering of free swimming. Prep~ . Respectfully submitted: :o.~l~nity. pent Coordinator / JC°hihl~efMAaCdmD?~saltldative Officer R~I,~d~ Director of Parks, Recreation & Culture VS/das S:\Council\Counci12004\R-2004-37 Canada Day -Free Swimming wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department R-2004-38 The Cily of Parks, Recreation & Culture Adele Kon II~,~ 4310 Queen Street Director Niagara Falls P.O. Box 1023 Can~~ Niagara Falls, ON L2E 6X5 ~l~l~V ~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-38 - Canada Day 2004 RECOMMENDATION: It is recommended that this report be received and filed for information. BACKGROUND: The Niagara Falls Canada Day Committee is planning a very special Canada Day Celebration in conjunction with the City's 100th Birthday on Thursday, July 1, 2004. This popular event attracts many people to the Optimist Youth Park, with activities taking place fi.om 11:00 a.m. to 5:00 p.m. This year's theme is Celebrate Canada... "Niagara Falls Style". The Festivities start with a Parade at the comer of Mordson Street and Portage Road. The parade will include the Thorold Pipe and Drum Band and the Lincoln and Welland Regiment Band, along with more than 75 entries received to date. Additional festivities for this year at Optimist Park include a tribute to The Beatles by the Cavemers, Celtic Folk Music by the Fiddlers 3, two Lumberjack Shows, the Crowning of Miss Niagara, Tom Bishop's Wild West Show, Neo Spirit Pro Wrestling Show, Loonette The Clown Show from the Big Comfy Couch, children's inflatable play station, E-Boo Bear's children's Ftm Tent and a Classic Car Show. Also performing are popular youth groups including, The Maddhatters, Instant Yield and Deaf Cherry. There will be Tributes to Garth Brooks, Shania Twain, Avril Lavigne, Johnny Cash, Elvis and much, much more. The Opening Ceremony will once again include the singing of'O Canada', Canadian Flag Raising, winners of the Essay Contest, Good Citizen Awards, as well as a special presentation to the Parade Grand Marshal. The Niagara Falls Canada Day Committee would like to extend an invitation to Members of City Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 14, 2004 - 2 - R-2004-38 Council and all citizens of Niagara Falls to attend the Celebrations at Optimist Youth Park on Thursday, July 1, 2004. This is a free community event that is guaranteed to provide something for the entire family. Respectfully submitted: [ J~hn MacDonald Co ,n~l~ity Development Coordinator ~.l~hief Administrative Officer Director of Parks, Recreation & Culture VS/das S:\Council\Counci12004~R-2004-38 - Canada Day 2004.wpd Community Services Department R-2004-40 ' ~.~ Parks, Recreation & Culture The City of Adele Kon · $ ~J~lll[ 4310 Queen Street Director Niagara Fall P.O. Box 1023 Can~~ Niagara Falls, ON L2E 6X5 ~T''~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city·niagarafalls.on.ca June 14, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-40 The Park In The City-Banner Program RECOMMENDATION: It is recommended that the quote for The Park In The City-Banner Program for the banners, banner arms, installation, and maintenance for a four year period on Portage Road be awarded to Feren Sign Systems Ltd. of Niagara Falls, ON, for a total cost of $29,960.00 including all taxes. BACKGROUND: On June 1, 2004, the quotations for The Park In The City - Banner Program closed and a total of four (4) bid proposals were received for the banners, banner arms, installation, and maintenance for a four year period on Portage Road. The results are as follows: Company: Total Price including all taxes Feren Sign System Ltd. $29,960.00 Niagara Falls, ON Signature Signs $36,000.00 Niagara Falls, ON Shear Displays $39,915.00 Concord, ON Classic Displays $40,764.50 Brampton, ON Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June, 14, 2004 - 2 - R-2004-40 Funds are available for beautification in the capital construction program. Prepared by: Respectfully submitted: f~e'~or~t er~~ jo~~ MacDo~nald~~ Community Development Coordinator ~ ~°h~e~2inistrative Officer Director of Parks, Recreation & Culture SF/das S:\Council\Counci12004\R-2004-40-The Park in the City - Banner Program.wpd The City of Niagara Falls, Ontario Council Chambers No. June 14, 2004 Moved by Alderman Seconded by Alderman WHEREAS the Royal Canadian Legion Branch 479 and the Niagara Falls Board of Museums will be hosting the Battle of Lundy's Lane War of 1812 re-enactment from July 2"d to 4t~, 2004; and WHEREAS this event will have 200 participants re-enacting the battle; and WHEREAS this event, and a complimentary event on Niagara Parks Commission property, could attract up to two thousand spectators; and WHEREAS the event is being staged for the advancement of history, education and civic pride. THEREFORE BE IT RESOLVED that the event that Battle of Lundy's Lane War of 1812 re- enactment is a community event deserving of City Council support. AND The Seal of the Corporation be hereto affured. DEAN IORFIDA R.T. (TED) SALCI CITY CLERK MAYOR