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2004/11/01COUNCIL MEETING Monday, November 1, 2004 Order of Business and Agenda Package Niagara Falls COUNCIL M~fiTING ~o¥~mber 1, 2004 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Council Minutes of October 18, 2004. DISCLOSURES OF PECUNIARY INTEREST Disclosu res of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Niagara Concerts Mr. John Anstruther and Mr. Bob Staton wish to provide information on an upcoming concert being held November 27, 2004 featuring the Niagara Symphony in celebration of the City's 100th birthday. PLANNING MATTERS ITEM NO. 53 Public Meeting Official Plan & Zoning By-law Amendment Application AM-32/2004 (Revised), 9441 Lundy's Lane Applicant: Willi Helmut Praxl Agent: Richard Brady, Planner Proposal to permit Estate Wineries within Good General Agricultural Lands Background Material: Recommendation Report: PD-2004-91 -2- -AND - Correspondence from Ministry of Agriculture & Food ITEM NO. 54 Public Meeting Zoning By-law Amendment Application AM-25/2003,(Revised), 5950 Victoria Avenue Applicant: Niagara 21st Group Inc. Agent: Italia Gilberti, Solicitor Proposed 30-Storey Hotel Background Material: Recommendation Report: PD-2004-99 ITEM NO. 55 Public Meeting Zoning By-law Amendment Application AM-44/2004, Rezoning to Define and Regulate Licensed Establishments and Nightclubs in the Central Business District (CBD) Background Material: Recommendation Report: PD-2004-98 -AND - Correspondence from Mrs. Joyce Crysler Correspondence from Mrs. Renee Randall Correspondence from the Niagara Parks Commission Correspondence from Regional Niagara, Planning and Development Department Correspondence from Ms. Barbara Babcock ITEM NO. 56 Public Meeting Zoning By-law Amendment Application AM-49/2004, 5640 & 5700 Stanley Avenue and 5651, 5653 & 5659 Buchanan Avenue Applicant: Carmen Grisafi (TAGC Holdings) Modifications to a Recently Approved 6-storey Hotel Background Material: Recommendation Report: PD-2004-100 -AND - Correspondence from The Niagara Parks Commission Correspondence from Regional Niagara, Planning and Development Department -3- MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD-2004-101, Draft Plan of Condominium; File: 26CD-11-2003-03, Courtyard Apartments; 4658 Drummond Road; Owner: Longerm Equities Inc., Agent: The Larocque Group. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. The Optimist Club of Niagara Falls - Re: Proclamation - requesting that the week of November 21st to November 27th , 2004 be proclaimed as "Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: That the request be approved. 2. Winter Festival of Lights - Re: Fireworks Shows - requesting Council permission to conduct twelve (12) fireworks shows on the following dates: November 19th, 20th, 26th, December 3rd, 10th, 17th, 24th, 31st (two shows), 2004 and on January 7th, 14th, and 15th, 2005, RECOMMENDATION: That the request be approved subject to established policy. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) REPORTS 1. ChiefAdministrativeOfficer CPS-2004-10, Sewer Consumption Rate Refund. 2. Chief Administrative Officer CAO-2004-04, Cross Border Mayors Coalition -4- 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. F-2004-56, 2003 Consolidated Financial Statements; 2. F-2004-57, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act, 2001; 3. F-2004-58, Municipal Accounts; 4. FS-2004-19, Purchase of Thermal Imaging Camera; 5. FS-2004-20, Purchase of ISI Self-Contained Breathing Apparatus (SCBA); 6. MW-2004-161, Colangelo Estates Subdivision Ontario Hydro Corridor Crossing Agreement Storm Sewer on Haulage Road. LEGAL MATTERS His Worship Mayor Salci will request whether there is anyone present that has an interest in the road being closed. 2004-195 To permanently close part of a highway. RATIFICATION OF "IN CAMERA" ACTIONS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-196 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. 2004-197 To establish Part 3 on Reference Plan 59R-12415 as a public Highway, to be known as and to form part of St. James Avenue. -5- 2004-198 To authorize the execution of a Condominium Agreement with Niagara Union Property Development respecting Ashton Heights Condominium, being Lots 322 to 328 (inclusive) and Part of Block "A" on Plan No. 40 being Part 1 on Reference Plan 59R-12474. 2004-199 To establish Part 3 on Reference Plan 59R-12532 as a public highway, to be known as and to form part of Morrison Street. 2004-200 To amend By-law No. 79-200, to regulate nightclubs in the Central Business Commercial Zone (Re: AM-44/2004, City of Niagara Falls) 2004-201 To amend By-law No. 79-200, to permit the construction of a 6-storey hotel (Re: AM-49/2004, C. Grisafi, TAGC Holdings) 2004-202 (HANDOUT) To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs at Intersections, Yield Signs at Intersections) 2004-203 To authorize monies for General Purposes (November 1, 2004) 2004-204 To adopt, ratify and confirm the actions of City Council at its meeting held on the 1st day of November, 2004. NEW BUSINESS Corporate Services Department PD-2004-91 .... ~, Planning & Development Doug Darbyson The C:lTy Ot 4310 Queen Street Director NiOgQro FclIIslI~,~i~ P.O. Box 1023 _clrlcldcIC ~_~ ~ 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 November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-91, Official Plan & Zoning By-law Amendment Application AM-32/2004 (Revised), 9441 Lnndy's Lane Applicant: Wffii Itelmnt Praxl Agent: Richard Brady, Planner Proposal to Permit Estate Wineries within Good General Agriculture Lands RECOMMENDATION: It is recommended that: 1) Council approve the application to amend the Official Plan and Zoning By-law to site specifically permit bed and breakfast accommodations with a maximum of six bedrooms, and the establishment of an estate winery at 9441 Lundy's Lane that includes: a restaurant with a maximum occupancy of 100 seats; and a retail and hospitality area to a maximum floor area of 80 square metres (860 square feet); that is subject to the following: (a) a minimum of 6 hectares (15 acres) is planted as a vineyard and is producing a crop that is sufficient to sustain a winery; (b) the wine produced on-site is made from no more than 50% of off-site grapes that were grown within the Niagara Peninsula; (c) Site Plan Control; (d) no severances of the lands; and 2) A holding (H) provision be included in the amending zoning by-law that can only be removed once the 6 hectares of grapes are producing a sustainable crop as certified by a viticulturalist or professional agrologist. Working Together to Serve Our Community Clerks · Finance Human Resources /nformation Systems Legal Planning & Development October 18, 2004 - 2 - PD-2004-91 BACKGROUND: On August 16, 2004 a public meeting was held regarding an application to amend the Official Plan to permit estate wineries in the Good General Agriculture area. Report PD-2004-72 outlined the issues surrounding the proposed amendment. There are three major issues which can be stmunarized as follows: · A consistent regional approach to uses in agricultural areas. Because Niagara Falls lies outside the traditional grape-growing areas and there has been no demonstration of an adequate fruit crop to support an on-site estate winery, there is a concern that introducing such policies is essentially allowing an industrial use in an agricultural area. Allowing wineries in a non-traditional area without an adequate demonstration of sustainability would not be consistent with other municipalities where estate wineries currently operate. · Estate wineries are secondary uses to a farm. Estate wineries are operations that produce wine fi.om grapes/fruit that are primarily grown on the property. In order to control this, municipalities such as Lincoln and Niagara-on-the- Lake, both of which have extensive Official Plan policies respecting estate wineries, establish a minimum farm size for an estate winery. These municipalities require a minimum acreage of 8 hectares (20 acres) for an estate winery, of which 50% is to be planted and in production. More stringent regulations appear to be required for Niagara Falls given the less than favourable climate conditions for grape growing. · The primary use of the land is for agriculture. In order to ensure that the subject lands are primarily an agricultural operation, most municipalities place limitations on the size of the winery and any ancillary use, such as a restaurant, retail outlet, agricultural market or hospitality room. Because this is the first application for an estate winery in the City, staff has undertaken research and consulted with other municipalities, the Region and the Ministry of Agriculture and Food (OMAF) to gain information on grape growing, specifically as it applies to Niagara Falls. Further meetings were also held with the applicant's planner regarding the above noted issues. As a result of these meetings, comments were received fi.om: · OMAF According to OMAF, a vineyard in the Lundy's Lane location has some limited potential for French hybrid grape production. However, a vineyard in this location (approximately 5.5 km south of the edge of the escarpment and 17 !am south of Lake Ontario) lacks the moderating climate effects from Lake Ontario and the south slope of the escarpment. Based on the typical climatic conditions of the area over a 10-year period, the grower should typically expect three full crops, four crops at 50% and three crops at 25% or less. There are better vineyard sites on top of the escarpment along the Beamsville Bench, which are only 1 to 2 km from the edge of the escarpment and only 4 to 8 lan from Lake Ontario. These sites typically have a sonth-facing slope with good air drainage. October 18, 2004 - 3 - PD-2004-91 OMAF also has concerns with the lack of "Best Management Practices" at this vineyard. The low-lying vineyard site itself is a poor choice. The lack of tile drainage, poor attention to plant nutrition, the lack of weed control and vine training have set back this vineyard by one to two years. · Regional Planning & Development Regional staff has concems that efforts to establish a vineyard may not be successful in the long term. The end result may be a restaurant and winery without the principal vineyard operation. Regional staffwould prefer to have an established vineyard before there is any commitment to ancillary uses. The restaurant should have a maximum occupancy of not more than 50 persons. Also, there are concerns whether the use of a holding provision provides sufficient municipal regulation. Planning Analysis The application has been modified in that a Special Policy Area is now being requested to be added to the Good General Agriculture Official Plan designation of the subject land only to permit the estate winery. Staff can support the site specific amendments to the Official Plan and Zoning By-law for an estate winery with the use ora holding (H) provision to ensure the agricultural development of the land, for the reasons noted below. 1. Microclimate conditions do not favour grape production. Information from OMAF indicates that due to the severity of winter weather and the occurrence of killing frosts in the Spring, Niagara Falls and other areas above the escarpment are considered non-traditional grape growing areas. While certain practices such as the orientation of the vines and the installation of windmills can improve winter conditions, Spring killing frosts still pose a threat. Good farming practices have to be employed in these areas in order to achieve the highest yields possible given the weather conditions. Prince Edward County has a burgeoning winery industry in what is considered to be a non- traditional grape growing area due to the severe winter conditions. Planning staff from Prince Edward County was advised by OMAF that a minimum of 8 to 10 hectares (20 to 25 acres) should be planted in order to offset losses due to weather and still retain a viable amount of production. This is twice the minimum acreage that is required to be planted in Lincoln and Niagara-on-the-Lake. Farmers also have to be selective in their choice of grape variety as some are more tolerant of winter freeze damage and Spring killing fi:osts. Despite all of this, production is likely to be less than in more traditional areas below the escarpment. Because of these challenges, anyone growing grapes in a non-traditional area should be able to demonstrate the viability of the farm through at least three years of production pr/or to the establishment of an estate winery. The above strongly suggests that in Niagara Falls, a non- traditional grape growing area with significant microclimatic challenges, the minimum of 4 hectares (10 acres) required by Lincoln and Niagara-on-the-Lake would be insufficient to sustain an estate winery. 2. The applicant has not demonstrated that the subject lands are capable of supporting a vineyard. The applicant has stated that there are currently 2 hectares (5 acres) of grapes in production with another 1.2 hectares (3 acres) having been planted this year. Observations by OMAF October 18, 2004 - 4 ~ PD-2004-91 staff indicate that the actual area planted is probably closer to 1.4 hectares (3.5 acres) or about 6% of the land area. Also, the standard farming practices for grape farming such as locating the vines on high ground, tile draining and appropriate use of fertilizers and weed control have not been employed by the applicant. Because of the microclimate challenges faced by grape growers in non-traditional areas, everything has to be done properly in order to achieve a viable harvest. The applicant appears not to have undertaken good farming practices which, when combined with the severity of the previous two winters, have resulted in weak and damaged plants. Accordingly, staff questions whether a viable producing vineyard is actually being embarked upon. 3. Staff is recommending a cautious approach. Estate wineries are considered secondary uses to a farm operation. Most estate wineries in Niagara-on-the-Lake, for example, have evolved fi:om farm wineries, which produces wine solely fi.om grapes harvested from the farm (and may have a small retail outlet). In both cases, the primary use of the land is "agriculture" and not the estate winery where the production occurs together with any ancillary retail, hospitality or restaurant uses. Because of the concerns noted above, staff is recommending a cautious approach to the approval of an estate winery on the subject lands. As the primary concern is that the subject land remains agricultural it is recommended that a minimum acreage of 6 hectares ( 15 acres) be required to be planted and producing a crop before a winery use is allowed. A holding (H) provision is recommended to be used that requires the certification by a viticulturalist or professional agrologist of the vineyard's viability to sustain the winery. Moreover, although the blending of both on-site and off-site grapes into wine can be supported, the use of a maximum of 50% of off~site grapes grown in the Niagara Peninsula is recommended. These measures should help to ensure that the principal use of the subject lands remain agricultural. Once the holding provision is lifted, the ancillary uses may also be established. These are proposed to include a retail sales and hospitality area and a restaurant. As a four-bedroom bed and breakfast accommodation is currently permitted, the additional two bedrooms can be added without the Holding provision being lifted. Site plan control will also apply in order to control the size and location of the parking area, drainage and the landscape treatment along Lundy's Lane and Beechwood Road. The winery should not be permitted to be severed fi.om the vineyard. CONCLUSION: Based on the foregoing, staff is recommending approval of the modified application to amend the Official Plan and Zoning By-law to permit an estate winery at 9441 Lundy's Lane for the following reasons: · A minimum vineyard acreage of 6 hectares (15 acres), which is to be certified as to its ability to sustain the winery, should ensure that the agricultural nature of the land is maintained. The viability of the vineyard is further assured by allowing only 50% off-site grapes to be used in the production of wine. October 18, 2004 - 5 - PD-2004-91 The proposed amendments are appropriate and may serve as a catalyst for further winery development which would assist in improving the vitality of the Good General Agricultural area. P~ Respectfully submitted: John Bamsley _~JcO~h~e Planner 2 flVIA~'~ninsa~l da t i v e Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:kPDRk2004XPD2004-91, AM-32-04, 9441 Lundy's Lane-Praxl.wpd SCHEDULE 1 LOCATION MAP Subject Land 0 O, Amending Zoning By-law No. 79-200 N Location: 944~1 Lundy's Lane S I :NTS Applicant: Willi Helmut Praxl AM-32/2004 Ontario Ministry of Minist~re de Agriculture and Food I'Agriculture 4890 Victoria Avenue N Tel: (905) 562-4147 Box 8000 Fax: (905) 562-5933 Vineland Station, ON L0R 2E0 Agriculture & Rural Division Date: September 29, 2004 To: Alex Herlovitch, Director of Planning, City of Niagara Falls From: Ken Slingefland, Tender Fruit and Grape Specialist Subject: Praxl Vineyard Property, 9941 Lundy's Lane, September 22, 2004 Comments from observations of the Praxl vineyard property on September 22, 2004, which is currently in the 3ra growing season: · the vineyard was recently posted and wired, a practice that should have been done in the year of planting · the vineyard was recently "tied up" to the support wires which is normally done in the year of planting · plants are weak having suffered winter damage lack of tile drainage during the wet seasons of 2003 and 2004 have hampered the most of the vineyard's growth due to "wet feet" · the lack of weed control has also hampered the vineyard's growth · the site appears to be in a low lying area compared to the surrounding landscape (cold air always goes to the lowest point creating frost pockets and cold zones), which could affect the vineyard reaching its' full production · the vines lack vigour, which implies nitrogen deficiency in the soil · while the field holding the grape vines may be 5 acres, the estimate of the actual area planted in grapes is closer to 3.5 to 3.9 acres (335 vines per row x 9 foot row spacing x 4 foot vine spacing x 14 rows/43560 square feet per acre = 3.87 acres) · yield estimatesra for a typical Frefich Hybrid vineyard ie Baco Noir or Vidal is 1.5 - tonne in the 3 growing season, 3 toime in the 4th growing season and 6 tonne per acre in the 5th growing season in full production (based on the "Establishment and Production Costs for Grapes in Ontario", OMAF publication 813) · most of the vineyard still has the appearance of 1 year old vines, with a small percentage of vines adjacent to Beechwood Road looking like 2 year old vines · it is unlikely that any yield was achieved in 2004 · yield potential for 2005 is estimated at 2 to 5 tonnes for the entire vineyard, assuming there is no further damage from the environment Summary Given the right set of conditions, the vineyard has some limited poteniial for french hybird grape production. However, a vineyard in this location (approximately 5.5 km. south of the edge of the escarpment and 17 km. south of Lake Ontario) lacks the moderating climate effects from Lake Ontario and the south slope of the escarpment. Based on the typical climatic conditions of the area over a 1 O-year period; the grower should typically expect 3 full crops, 4 crops at 50%, and 3 crops at 25% or less. There are better vineyard sites on top of the escarpment along the Beamsville Bench, which are only 1-2 km from the edge of the escarpment and only 4-8 km from Lake Ontario. These sites typically have a south-facing slope with good air drainage. I also have concerns with the lack of"Best Management Practices" at this vineyard. I feel that the low lying vineyard site itself is a poor choice, the lack of file drainage, poor attention to plant nutrition, the lack of weed control and vine training have set back this v~neyard by 1 to 2 years. There are no other commercial vineyards for wine production in the Niagara Falls area that I am aware of except for the new vineyards planted at Mountain Road and the QEW. This would imply that this area is not suited for wine grape production and that is not an easy task to establish and maintain a viable commercial vineyard on top of the escarpment, especially beyond the 1-3 km. zone south of the brink of the escarpment. My first impression of the site could have been an "abandoned vineyard" had it not been for the posts and wire recently put in. This grower will have many challenges ahead to maintain a viable commercial vineyard. Ken Slingedand, Tender Fruit and Grape Specialist, Ontario Ministry of Agriculture and Food Corporate Services Department PD-2004-99 ~__ Planning & Development Doug Darbyson The City of 4310 Queen Street Director Niagara Fallsl, J~j[ P.O. Box 1023 Canada~,,~.~' Niagara Fairs, ON L2E 6X5 web site: www.city.niagarafalls.on.ca ~-~ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city, niagarafalls.on,ca November l, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-99, Zoning By-law Amendment Application AM-25/2003 (Revised), 5950 Victoria Avenue Applicant: Niagara 21~t Group Inc. Agent: Italia Gilberti, Solicitor Proposed 30-Storey Hotel RECOMMENDATION: It is recommended that Council defer its decision regarding the requested Zoning By-law amendment application for a proposed 30-storey hotel at 5950 Victoria Avenue as it is premature for the following reasons: 1) the public and private secondary planning exercises regarding the future development of the Grand Boulevard are ongoing and should be finalized with a clear municipal direction on the Grand Boulevard prior to Council considering any planning applications; 2) Architectural Peer Review (APR) of the application has not been finalized and, as such, the application is not complete; 3) the APR panel has identified a number of issues that have to be addressed through the redesign of the development in order for the application to comply with the Official Plan, Tourist Area Development Guidelines and the Implementation Handbook; and 4) the proposed development exceeds the density that the existing sanitary sewer was designed for. An engineering analysis is required to assess the development's impact on the system. BACKGROUND: The subject 1.6 hectare (3.85 acre) parcel of land known as 5950 Victoria Avenue is located on the east side of Victoria Avenue at Ferry Street, as shown on Schedule 1. The land is currently occupied by the Marriott Courtyard hotel. The applicant has requested an amendment to the Zoning By-law to permit the construction of a 30-storey, 475-room hotel. Details are shown on Schedule 2. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal · Planning & Development November 1,2004 - 2 - PD-2004-99 The land is currently zoned Tourist Commercial (TC-478, 635). Special provision number 478 permits the existing Marriott Courtyard hotel and a second 1 O-storey hotel. Special provision 675 permits any required parking for this land to be provided off-site on a parking lot located on the south side of Dunn Street, west of Ailanthus Avenue. Site specific regulations are requested to permit the proposed 30-storey tower and to replace the approval for the second 10-storey hotel. Surrounding Land Uses Surrounding land uses are primarily tourist commercial and comprised of hotels, restaurants, attractions and souvenir stores. There are some legal non-conforming dwellings abutting the subject land to the west, along Clark Avenue. East of the parcel is the former CP Rail corridor which is to be developed as the Grand Boulevard, according to the Official Plan. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. · Parks, Recreation & Culture No objections. · Mun/cipal Works Transportation A preliminary review of the traffic impact study indicates concerns with background traffic volume calculations, volume projections and the performance of the Victoria Avenue and Clark Street access ramps. A detailed review is currently being conducted. Infrastructure Water service should be looped between Victoria Avenue and Clark Avenue for maximum flow. The density of the subject lands exceeds the maximum density for which the existing sanitary system is designed to accommodate. Engineering analysis needs to be submitted by the applicant regarding the long-term impacts on the sanitary sewer system. Building & By-law Services All permits are to be obtained prior to construction. Any further comments regarding the Ontario Building Code shall be addressed during site plan approval November 1, 2004 - 3 - PD-2004-99 0 Fire Services The building shall be fully sprinklered. The building is to be supplied by not less than two water sources for fire fighting purposes. A means to enhance Fire Department radio communications within the building is to be provided (i.e., external antennae with internal communications). Other fire safety concerns can be addressed at site plan approval or at building permit review. Planning Analysis The application involves land that is in a critical area, at the confluence of Victoria Avenue, Ferry Street and the future Grand Boulevard. The Tourist Area Development Strategy (TADS) recommended three fundamental initiatives that would improve the connections to the Clifton Hill and Fallsview district, provide for better pedestrian and vehicular circulation and create a sense of place in the tourist area in this immediate location. These initiatives are embodied in the Official Plan and are an important policy framework for the development of the public realm and adjacent private lands. · Creation of a New Grand Boulevard along the Former CP Rail Corridor The Grand Boulevard is a concept aimed at improving linkages between the Fallsvicw and Clifton Hill subdistricts, creating street frontages for large development sites (aside from the subject property, there are three other sites that enjoy full frontage along the corridor) and providing for better public circulation. The Official Plan states that the Grand Boulevard shall provide for a comfortable and animated public street with wide sidewalks and a variety of activities and amenities for pedestrians. Details of this are shown in the Tourist Area Development Guidelines and in the Strectscape Master Plan. The Official Plan states that public improvements and private developments are to be consistent with this design criteria. The recent Tourism Policy Review, undertaken by the IBI Group, has reinforced the importance of the Grand Boulevard. The phase one report states: "We believe that the development of the proposed Grand Boulevard is an essential element of the current vision. Without a strong public realm, including the Grand Boulevard, this area will simply constitute an incoherent collection of new development." The Implementation Handbook states the following about the Grand Boulevard: "The Grand Boulevard Concept, whether the boulevard ends up being a broad civic pedestrian space, or major transportation corridor, or a combination of the two, should be considered an important organizing principle that helps to define the Central Tourist District and hold it together." November 1, 2004 - 4 - PD-2004-99 · The Extension of Ferry Street to the Grand Boulevard As part of the Grand Boulevard development, the Official Plan states that Ferry Street is to be extended through to the Boulevard. Again, this policy is seen to assist in linking the tourist districts and improving circulation. The Ferry Street extension would bisect the subject land with the contiguous land to thc north, occupied by TGI Fridays and a retail plaza, also owned by the application. · The Ferry Street Square TADS states: "The extension of Ferry Street to the Grand Boulevard presents an opportunity to create a unique public square in the heart of the entertainment, attraction and retail area." TADS also contained a set of criteria for the development of the Ferry Street Square. The Official Plan, which illustrates the square on figure 3, requires its development as part of the improvement to the open space system within the Clifton Hill district. A further design concept is fonnd in the Streetscape Master Plan. While the current layout of the subject land virtually eliminates the ability to locate this square as originally envisaged abutting Victoria Avenue, the opportunity still exists to create the square within the context of the Grand Boulevard and Ferry Street extension. The proposed 30-storey hotel development must be designed and assessed within the context of the above policy framework. To consider it in isolation jeopardizes the success of the urban design objectives of the Official Plan. Because of the importance of the Grand Boulevard, Ferry Street extension and Ferry Street square and for other reasons noted below, staff is recommending deferral of the application due to it being premature and incomplete. 1. Discussions regarding Grand Boulevard and associated works are ongoing. These public works initiatives are fundamental to the evolution of the tourist area into a modem urban centre with a public realm of quality, comparable to the Falls and Queen Victoria Park, that is a destination in itself. As noted above, the City's goals are to improve circulation and inter-district connections and to create a sense of place. These goals will benefit the community as a whole, the tourist districts and the visitor. Because of this, their importance should not be minimized or compromised by private development interests. It is crucial that the City develops its vision for these projects in order to provide a clear direction for public realm development. The Official Plan contains the policy framework for these projects. Council has recognized their importance by purchasing the corridor for the People Mover and the Grand Boulevard, endorsing the Streetscape Master Plan, engaging consultants for a Functional Design Study and allocating funding through development charges. These actions indicate a clear public interest in the Grand Boulevard and associated works. Staff is now undertaking discussions on the issues of the project related to surrounding landowners in order to formulate further details within the context of the Official Plan's current policies. In fact, there was consensus at the last meeting that a secondary plan for the November 1, 2004 - $ - PD-2004-99 area be undertaken. This planning process will help finalize the design of the public realm and private developments adjacent to it. There is also a secondary plan being conducted by the owner of the Skylon Tower for its holdings. Air rights are held by the applicant and the adjoining landowner to the south. This should also be resolved through the Grand Boulevard secondary plan. As the details of the Grand Boulevard and associated elements are being formulated and there will be further discussions and public meetings, it would be premature for Council to consider the subject application or any other application prior to finalization of this process. 2. Architectural Peer Review is not complete. The application has been brought before Council at the request of the applicant. Because of this, there has been insufficient time for the Architectural Peer Review (APR) panel to review the application, meet with the applicant and issue its final report. The APR panel has issued a preliminary review of the application which outlines several issues that have to be addressed by the applicant: · Appearance. The building, as it would appear from Queen Victoria Park, is flat and monotonous. · Building width. The proposed tower is a slab building which exceeds the maximum width recommended in the Application Guidelines. In addition, staff has noted that the width to depth ratio of the tower exceeds 1.5:1 as required by the Implementation Handbook. To comply with the required width to depth ratio, the tower would have to be reduced in width by 10 metres (33 feet). · The proposed tower has no relationship with the street. The development is focused internally with no street presence with either Clark Avenue or Victoria Avenue. The Implementation Handbook recommends that at least 60% of the lot's street frontage is to be developed to the street with pedestrian-scale uses. In this way the development contributes to the public realm by providing activities and animation for the pedestrian. The current approval for a second 10-storey hotel provides for pedestrian-scale uses along the Grand Boulevard whereas the new hotel proposal does not. The main entry to the development should be revitalized to enhance its importance. · The development has insufficient landscaping. Landscape design is almost non- existent as the development contains a large expansive parking area. The asphalt parking area is the focal point of the site. It has not been softened by landscaping in an effort to reduce heat and increase aesthetics. There is an obvious lack of landscaping immediately adjacent to the proposed Grand Boulevard. · The site has no relationship with the Grand Boulevard. It is incumbent upon developers to adhere to the stated guidelines which will form the basis for the more detailed design of the Grand Boulevard. Staff notes the Implementation Handbook states that developments "... should provide a built form and land use activity system that encourages the presence of people and place... ". The development excludes elements recommended by the Handbook and stipulated in the Design Criteria for the Grand Boulevard that would animate the Grand Boulevard. November 1, 2004 - 6 - PD-2004-99 The APR panel concludes its memorandum stating that the applicant should redesign the proposal to more closely conform to the published documents prepared by the City and address the comments of the panel. CONCLUSION: Based on the foregoing, staff is recommending deferral of the application to amend the Zoning By- law for a proposed 30-storey hotel as it is premature to consider the application until the City has adopted a design strategy for the Grand Boulevard and the applicant has resolved the issues raised by the APR panel. P~ Respectfully~//~ ' submitted: 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:XPDR~2004~PD2004-99, AM-25~03(Rev), 5950 Victoria Ave-30-Storey Tower.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: 5950 Victoria Avenue N AM-25/2003 w~ E s Applicant: Niagara 21st Group Inc. ~:~rrs *'SCHEDULE 2 Corporate Services Department PD-2004.98 The Cifv of ~ Planning & Devel0pment Doug Darbyson -- ~.~ 4310 Queen Street Nlogoro Falls~.~ P.o. Box 1023 Director CQn~~ Niagara Falls, ON L2E 6X5 ,~ ~iii~~T'~ web"===~5 "~=~ site: www.city, niagara falls,on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plannlng@clty,niagarafalls.on.ca November 1, 2004 His Worship Mayor Tod 8alci and Members oft_he Municipal Council City of Niagara Falls, Ontario Members: Re: PD=2004-98, Zoning By-law Amendment Application AM-44/2004, Rezoning to Define nnd Regulate Licensed Establishments and Nightclubs in the Central Business District (CBD) RECOMMENDATION: It is recommended that Council: 1) approve the Zoning By-law amendment application to define and establish regulations for licensed establishments and nightclubs in the CBD as outlined in this staff report; 2) direct staffto investigate the feasibility of including a formal set of conditions on all liquor lieence applications in the downtown area; and 3) pass the by-law on tonight's agenda to implement the first recommendation. **See further recommendations below** BACKGROUND: The impacts ora proliferation of large licensed establishments have long been a concern to Council and the Downtown Board of Management. On Junc 10, 2004, the Downtown Board of Managemant requested the City investigate mending its Zoning By-law to cnact changes to restrict large-scale nightclubs operating in thc downtown core. This report and the proposed by-law on tonight's agenda is intended to balance the need of mitigating the impacts of larger licensed establishments while permitting smaller establi§hments that would enrich the downtown area. The proposed amendment affects lands zoned Central Business Commercial (CB), as shown on Schedule 1. *'4) that a letter be forwarded, through the Mayor's Office to Inspector Lillico, outlining the complaints of area residents and the need for more policing along Queen/Park and Huron Streets; 5) and further, that the matter of hiring another by-law enforcement officer be referred to budget deliberations.** gVorking Together to Serve Our Community Clerks · Finance Human Resources · Information Sysfems · Legal Planning & Development November 1, 2004 - 2 - PD-2004-98 Current Conditions The following table shows the total capacity of 14 licensed establishments (13 existing and 1 approved) in the downtown area as of the Fall of 2003. // 1,083 700 90 575 282 212 210 180 140 37 164 96 88 51 20 30 20 39 23 TOTAl, 3,661 379 4,040 100 The key information in this table is that while only three of the establishments have over 500 persons of occupancy, they would account for 60% of the entire licensed capacity of the downtown. Issues with Large Licensed Establishments A study ("Planning Report - Liquor Licence Sales Application 4437 Queen Street, RCI Consulting, June 2004) was commissionedbythe Downtown Board of Management. This studyprovides much of the analysis that is discussed in the following sections. Parking Issues Special Provision No. 73 in By-law No. 79-200 exempts most commercial uses on properties fronting onto Queen Street from providing parking. Due in part to this provision, a large percentage of uses in the downtown rely on other means of providing parking and access for their businesses. (i.e., on-street parking, municipal parking lots, transit and walking rather than on-site parking). About 765 public parking spaces and metered on-street parking, with a limited additional amotmt of non-metered on street parking, are available in the downtown area. November 1, 2004 - 3 - PD-2004-98 The focus of the studybyRCI Consulting is parking issues. The study found that at 8:00 p.m. one Saturday night the municipal parking lots were almost empty. Ample street parking was available and nearly all cars had Ontario licence plates. Available parking was being used up by 10:30 p.m. and at 1:30 a.m. the same night most public parking was occupied and cars were parked on side streets toward residential areas to the south, and 65-70% of vehicles had New York State licence plates. This study also observed that there were on average approximately 2.5 occupants per vehicle and that taxi usage was less than 5%. Given these statistics, about 930 spaces would be used up bythe three establishments with over 500 persons occupancy and the demand from all the licensed establishments would be about 1,500 vehicles. Although a few establishments (i.e., Mr. Cappucino and Hotel Europa) have some on-site parking, the majority of establishments do not and it appears that demand would well exceed capacity. The land use impacts of this parking situation are akeady well known and could increase with additional large licensed establishments. Noted impacts are as follows: · Commercial parking spreading into residential neighbourhoods beside the downtown. Available parking in the downtown being used up by nightclubs, therefore crowding out other positive uses that depend on evening parking such as restaurants and cafes. · Illegal parking compromising safety and blocking access to private property. These problems point to a need to seriously consider the provision of on-site parking for licensed establishments. Other Issues Reports of drunkeness, rowdy behaviour, fighting, vandalism, early morning noise and disruptive behaviour spilling over into nearby residential areas (partially a result of parking usage spreading out of the downtown)and littering by area residents, downtown area businesses and the police are well known. There is a growing perception that the downtown is unsafe and that the above noted problems are discouraging residents and businesses from locating downtown. City of Burlington - Night Club Land Use Study City staff contacted several municipalities to determine what regulations they used to address the issue. The City of Burlington conducted a comprehensive study on nightclubs, culminating in zoning by-law changes in 2001. Relevant findings are as follows: · It was determined that them were two different categories of nightclubs; regional scale, large capacity clubs and community scale, moderate capacity clubs. Regional scale clubs drew a significant portion of the business from outside the City; community scale clubs primarily served the community. · The Halton Regional Police provided an extensive opinion that concludes there is a direct correlation between nightclub occupancy and the number of problems that police encounter. Problems with large venues include greater occurrences of violent behaviour and weapons offences and a "crowd mentality" making large crowds more difficult to manage. The force recommended a maximum capacity of 1,000 for nightclubs and the implementation of separation distances between clubs. November 1, 2004 - 4 - PD-2004-98 · Burlington Fire Department reported similar problems with large venues. Regional scale clubs were considered appropriate in Regional and Arterial Commercial zones that are expected to have large-scale uses, while community scale clubs were appropriate in zones closer to sensitive areas such as the downtown area. · A community scale club is restricted to 500 persons (a number consistent with smaller clubs in the City and well below the number considered a safety concern) while Regional scale clubs are restricted to 1,000 persons. These caps and the related locational recommendations are incorporated into the City's by-law. Parking is required for all nightclubs. Other Municipalities Several other municipalities responded to the City's inquip/. The City of Mississauga has stringent regulations for nightclubs, isolating these uses to industrial areas. Nightclubs are subject to a separation requirement of 800 metres fi:om a residential zone, are to be located on major roads only, and are to have a maximum area of 1,115 sq. metres (12,000 sq. feet). The City of Kitchener seeks to control clubs through liquor licensing. The support of City Council for new licences is conditional on club owners entering into an agreement with the City to control a range of matters including patio operation, membership in the BIA and maximum liquor sales as a percentage of total business. Other municipalities such as Waterloo, St. Catharines and Windsor had limited regulations for nightclubs and taverns, dealing with provisions of parking. Both Windsor and St. Catharines exempted parking for uses in the CBD. Guelph has imposed an interim control by-law prohibiting nightclubs in their CBD pending completion of a study. Draft Comprehensive Zoning By-law - City of Niagara Falls The above noted document, prepared by Monteith Brown Planning Consultants, has recently been circulated to the public for comment. This by-law is intended to replace the existing zoning provisions for the City. Any bar with an area over 300 sq. m (3,228 sq. ft.) would be considered a nightclub. Regulations in this draft by-law would require nightclubs to be located 100 metres (328 feet) from each other and 45 metres (150 feet) fi:om residential zones. Circulation Comments · Municipal Works - cash-in-lieu for providing required parking spaces is established in the CBD; any parking not able to be provided on-site within this area would be subject to the policy - staff is currently implementing pay parking for all municipal parking spots during evening hours. Patrons will be required to pay in areas that are currently free of charge November 1, 2004 - $ - PD-2004-98 · Building & By-law Services - all requirements of the Ontario Building Code and the Fire Code shall be strictly adhered to and enforced and all necessary permits obtained · Regional Municipality of Niagara - the amendment does not offend any Regional or Provincial policies, therefore, there are no objections · Parks, Recreation & Culture - No objections The City has also received letters fzom members of the public (included in tonight's agenda) generally in support of regulating licensed establishments. Community Improvement Plan - Downtown In September 2003, the City initiated a Community Improvement Plan (CIP) for the CBD. To help determine what direction the CIP should take, Public Workshops were held. Through these discussions, a recurring theme was outlined regarding the large bars and nightclubs and the security and safety concerns that they appear to cause. Planning Analysis This report and the by-law on tonight's agenda seek to control large licensed establishments, those with a capacity of 500 persons or more, for the following reasons: · The three existing and proposed establishments with more than 499 persons occupancy would take up more than half of the total licensed capacity in the downtown and, therefore, are the prime sources of the excessive parking demands and the crowd issues downtown. · It is documented that the larger the club, the larger the problems with violent and disruptive behaviour and crowd control concerns. · Smaller licensed establishments, such as restaurants and cafes, do not appear to be the primary contributors to the parking problems, and are not the primary contributors to large crowds of club goers leaving establishments late at night. Imposing restrictions on these establishments may be counterproductive, discouraging businesses that would bring a diversity of people downtown. A restriction on nightclubs over 500 persons has been successfully implemented in the downtown area of Burlington. This defines a limit where the nightclub is at a scale that is appropriate for its surroundings. By-law No. 79-200 bases its parking requirements on seating capacity. Through the development o fa new comprehensive zoning by-law, more stringent restrictions for nightclubs based on their floor areas may be implemented. Therefore, it is important to recognize the current proposed zoning changes are an interim solution, pending adoption of a new comprehensive zoning by-law. November 1, 2004 - 6 o PD-2004-98 1. Regulating large licensed establishments maintains the intent of the Official Plan. The downtown area is designated Major Commercial and is intended to be the major business and administrative centre of the City. Major Commercial areas are intended primarily for retail and office use with other uses, such as recreational uses, intended to be secondary. The Official Plan stipulates that impacts of uses in Major Commercial areas on abutting land uses should be minimized. As discussed earlier, parking demands of nightclubs and related disruptive behaviour are spilling over into nearby residential areas, causing unacceptable impacts. It is therefore appropriate to impose parking requirements on the large licensed establishments that are causing excessive parking demands and to separate these fi.om residential zones. In addition, nightclubs and taverns are intended to be secondary uses. Imposing separation distances between these uses would aid in keeping these uses fi.om dominating the downtown area. 2. Defining licensed establishments and nightclubs is necessary. A definition for licensed establishments and nightclubs is needed. Defining a licensed establishment is straightforward as follows: "Licensed establishment" shah mean any premises issued a licence by the ,~lcohol and Gaming Commission of Ontario under the Liquor Licence Act. To avoid any loopholes, this definition captures all licensed establishments including restaurants, taverns, private clubs and assemblyhalls. Large restaurants that operate as clubs at night will be captured by this definition. The easiest way to regulate any premises with 500 or more persons occupancy is to assign a specific definition for the purposes of the Zoning By-law. Therefore, licensed establishments over 499 persons should be referred to as a nightclub. The definition would be as follows: "Nightclub" shall mean a licensed establishment having a capacity of over 499persons, as set out in any and all liquor licence(s) issued for such establishment by the Alcohol and Gaming Commission of Ontario. 3. It is appropriate to introduce parking requirements for all large licensed establishments. The subject area is zoned Central Business Commercial (CB). As stated above, a large number of the properties on Queen Street are under Special Provision No. 73, (implemented in 1981) which exempts most uses, including restaurants and taverns, fi.om providing any on- site parking. Certain uses that are not unlike a nightclub, such as an assembly hall or a place of entertainment, are not exempt fi.om providing parking. As a result, the majority of licensed establishments in the downtown are exempt from providing parking. As indicated earlier in the report, the three existing and proposed licensed establishments account for the majority of the licensed capacity in the downtown. A large nightclub generates similar parking impacts as an assembly hall or place of entertainment. Similar to these other uses, large numbers of people accumulate at a large nightclub at a common time November *1, 2004 - 7 - PD.2004.98 on evenings and weekends and tend to stay for a couple of hours or longer. Intense parking demands are the result. With a small licensed restaurant, pub or cafe, the usage would be more focused on the day and evening rather than the late night, people would tend not to stay as long and parking demands would be more modest. Large clubs in the downtown are a recent phenomenon that the current zoning did not contemplate. It is therefore appropriate to subject large licensed establishments to parking requirements. Parking is proposed to be required at a same rate for an assembly hall (i.e., 1 parking spot per 5 persons occupancy) for the entire occupancy of a nightclub. Licensed establishments under 500 pemons occupancy would not be affected. In addition, any licensed establishment that is currently required to provide parking (establishments along Bridge Street and Victoria Avenue) would not be affected. Under the current cash-in-lieu of parking by-law, applicants for new nightclubs will have the option of making a cash payment in lieu of required parking. 4. Imposing separation distances for large licensed establishments and from residential zones is an appropriate means to control the location and impact of these establishments. Currently, licensed establishments are concentrated on Queen Street. A large nightclub on its own generates large groups of people exiting at closing time. When they are adjacent to each other, large crowds result. This increases the chances of disruptive behaviour, as well as concentrating the demand for available parking. Subjecting nightclubs to separation distances fi.om other nightclubs and other licensed establishments would help to reduce the concentration of crowds late at night. A 100 metre (328 feet) separation distance between nightclubs and other licensed establishments is recommended. Providing a separation distance between nightclubs only would not prevent nightclubs fi:om locating adjacent to other licensed establishments. The same issues regarding the congregation of crowds and resulting security issues would likely continue. It is therefore recommended that any new nightclubs be subject to a 100 metre distance fi:om all other licensed establishments. A 45 metre (150 foot) separation fi.om residentially zoned land was recommended in the draft comprehensive zoning by-law. The CB zone abuts a residential zone only on its south side. Residential areas to the west and north are separated fi:om the CB zone by other commercial zones and railyards. As nightclubs frequently feature loud music and generate the aforementioned crowds, separating these uses fi:om residential zones to protect residents is a reasonable measure. Imposing the above noted separation distance primarily affects properties on the north side of Huron Street. As Huron Street has evolved into a mix of residential, office and institutional uses, it is appropriate to maintain this character and prohibit nightclubs in close proximity. It should be noted that while these measures will help some issues related to nightclubs, they will not address all of the problems. Current nightclubs will have a legal non-conforming status ands will not be affected unless they close down or want to expand. In addition, facilities under 500 persons will not be controlled. It is important to recognize these regulations as a step to improving conditions downtown. Staff will review the effectiveness of these changes. Through the continued review of the draft comprehensive by-law, additional regulations may be imposed in the downtown or other parts of the City. November 1, 2004 - 8 - PD-2004-98 5. Regulating licensed establishments through liquor licensing or municipal business licensing should be examined further. On occasion, the City Clerk has brought to Council's attention pending liquor licenccs that may be of concern. Council has gone on record, in a number of these instances, as being opposed to the issuance ora liquor licence on public interest grounds. Council also has the option of requesting conditions be imposed on a liquor liccnce. Ultimately, it would be up to the Alcohol & Gaming Commission Board to determine whether the requested conditions should be imposed. Another option available to the municipality is through municipal business licensing. The Municipal Act allows a municipality to impose conditions on a business licence. The Licensing By-law is due for renewal and revision in the coming months, which would provide an opportunity to look at a business licensing process for liquor licence establishments. Either method of imposing conditions may be appropriate for smaller bars that prove to be problematic. Staff will report back on the feasibility of imposing a formal set of conditions on any further licence applications in the downtown area~ CONCLUSION: 1. The recommended changes contained in this report will help to prevent further impacts of large licensed establishments on the downtown area. 2. A by-law implementing these changes has been placed on the agenda for Council's consideration. 3. Staff will report back on the feasibility of including a formal set of conditions on all liquor licence applications in the downtown area. ~ R~~b mi tt ed: /~ .~John MacDonald Planner 2 Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AB:pb Attach. S:XPDR~2004~PD2004-98, AM44-04, Regulations for Nightclubs CBD.wpd SCHEDULE 1 LOCATION MAP Subject Lands Amending Zoning By-law No. 79-200 Location: Central Business District w-~-E S I:NTS Applicant: City of Niagara Falls AM-44/2004 Planning I 4770 Mo~son St ....... ~_~.> ~_ ~~ ~_~ ~:::-:--_:-~-- :--' ::- - 5-~:-::;-~" -~'i_- :_~--i-~:~:-:- & DEVELOPMENT 10/20/04 18:lb PAl Niagara ParksI*1 Phone: 905/356-2241,Fax: 905/356-7262eXt' 216 ~.~,Go~,~=~o~.~,~ ~ E-Maih npceng@nlagaraparks,com October 18, 2004 Planning r~l~Scanned Mr. Doug Darbyson Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: RE: PROPOSED AMENDMENT TO ZONING BY-LAW NO; 7,~ -200 CITY FILE AM-44/2004 The Niagara Parks Commission operates under certain Acts inclu ding the Niagara Parks Act and Section 38 of the Public Transportation and Highway I~ nprovement Act which addresses among other things access to the roadways of the NPC and land use within 800 metres which generates large numbers of people. The brief publ c meeting notice which speaks to parking requirements and separation distances for nigh :-clubs in excess of 500 patrons etc. did not spell out details of the proposed amendmeff to the Zoning By-Law. Prior to our commenting on this proposal the Commission will ha ce to review the details of the amendment. We would appreciate your forwarding to usthe proposed amendments and a copy of your Department's Recommendation Report when available. Thank you. Yours truly, Dave Gill /cr Manager- Planni -- RECEIVED -- - OCT 2 0 2004 "'"'~'"'"""~ t~E ~_~NOV. 0 1 200/,4. . PLANNING & DEVELOPMENT ] THE NIAGAR~ PARKS COMMISSION John Kernahan Jim Williams Chairman P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T: General Manager Web Site: www.niagaraparks.eom N,,~a,~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Munldpallty of Niagara 3550 Schmon Pan, way, P.O. Box 1042 Thorold, Ontario L2V 437 Telephone; 905-984-3630 Fax: 905-641-§20~ E-mail: i~lsnemgional.nlagara.on.~ October 20.2004 File: D.10.M.I1.23 Mr. Doug Darbyson. MCIP. RPP F~U~msm~rt~i~ur ~,~ ~/~ J'°'~' Dim~or of Planning and Development P~it-I~ F~ N~ Ci~ of Niagara Falls ~,~ ~v,[~ '""~ ~"~ / ~/~ 4310 Queen St~t ,~, ' Nlaga~ Falls, ON L2E 6X5 Dear Mr. Da~yson: Re; Propoeed Zoning By-law ~endment For ~e Central Business (CB) Zone Generally bound~ by Vi~da Avenue, ~ver Road, Bridge Street Huron S~et and M~rison Street ;i~ ~ Niagara Fails , Regional Planning staff has mview~ the a~v~noted proposal by ~e C~ to add separate definitions ~r a 'licensed establishmen~ and a 'nigh~lub' in the Central Busine~ Di~ri~ of Niagara Falls. Pa~ing and separation sl:anda~s am also to be established ~r these d~ned u~. We n~e that the amend~nt would only aff~ lands within the Urban ~ea Boundaries of Niagara Falls, as designat~ in the Regional Poli~ Plan. ~e amendment would not offend any Regional or Pm~ncial Po;Icles and R~ional Planning staff has no objactions to its app~val. If you have any que~ions regarding the above, please do no~ h~si~te to ~nta~ me. Please provide us with a ~py of ~un~l's deoision. Youm Sin~mly, NOV 0 I 2001w S c: CouncillorW. Sine.on, R~nal M~nicipal~ofNiagam -RECEIVED Mr. Andrew B~, Planner 2, City of Niagara Falls OCT ~e~e ~merdal ~e-NF P~NN I NG & DEVELOPMENT RECEIVED OCT 2 2 200~ PLANNING & DEVELOPMENT Corporate Services Department PD-2004-100 The City of Planning & Development Doug Darbyson NiQgQrc~ Foils 4310 Queen Street Director P.O. Box 1023 CQnodcl Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city, niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-100, Zoning By-law Amendment Application AM-49/2004, 5640 & 5700 Stanley Avenue, 5651, 5653 & 5659 Buchanan Ave Applicant: Carmen Grisafi (TAGC Holdings) Modifications to a Recently Approved 6-Storey Hotel RECOMMENDATION: It is recommended that Council: 1) approve the application to lift the Holding (H) provision that applies to the development of the land and adjust the zoning regulations which would guide the placement of the hotel on the property; and 2) pass the by-law on tonight's agenda to implement the above recommendation conditional on satisfactory completion of the Record of Site Condition process. BACKGROUND: Carmen Grisafi (TAGC Holdings) has requested an amendment to the Zoning By-law for a 0.5 hectare (1.3 acre) parcel of land known as 5651, 5653 and 5659 Buchanan Avenue, 5700 Stanley Avenue and a portion of 5640 Stanley Avenue, as shown on Schedule 1. Zoning was recently approved for the development ora 6-storey, 131-unit hotel on the property. The applicant is seeking adjustments to the siting of the hotel as shown on Schedule 2. These adjustments would shift the hotel southward and provide for a slightly longer and wider hotel tower. The lands are zoned Tourist Commercial (Holding) (TC(H)-667). The Holding(H) provisions which apply to the land require the developer to submit a Record of Site Condition prior to the lands being developed. The developer is requesting that the provision be removed and the zoning regulations which would guide the placement of the hotel on the propertybe adjusted. No changes to the number of storeys or units are proposed, and the general site layout and landscaped areas are being maintained. Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems Legal · Planning & Development November 1, 2004 - 2 - PD-2004-100 Surrounding Land Uses The lands front onto Stanley Avenue. To thc 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. Circulation Comments · Regional Municipality of Niagara - The application appears to conform to relevant Regional and Provincial policy matters, therefore, there are no objections. Regional Municipal Works is to be involved in the site plan process. A holding zone is suggested to be implemented until all issues have been satisfactorily addressed. · Niagara Parks Commission - No objections. · Municipal Works - There are adequate services for this development. - A 2.4 metre (8 foot) road widening is required on Forsythe Avenue, while a 0.9 metre (3 foot) widening is requested along Buchanan Avenue. Funds to be dedicated to the City for a future sidewalk on Forsythe Street. Planning Review The following is a summary of staffs assessment of the application. 1. The proposal complies with the intent and the purpose of the Official Plan. The lands are designated Tourist Commercial in the Official Plan. The Official Plan allows for hotels up to 12 storeys in this area subject to a set of built form guidelines. The original proposal (shown as Schedule 3) met the terms of the built form guidelines, providing a podium in the form of a canopy and 1-storey pool enclosure, a mid tower section continuing up to the sixth floor with adequate setbacks from property lines and a roof feature. The revised location still meets the intent of the built form guidelines as follows: · the tower of the hotel provides a setback of about 9 metres (30 feet) from the northerly side yard, close to the original tower setback of 10.5 metres (34 feet). In addition, the tower will be about 6 metres (20 feet) closer to the southerly lot line, reducing the amount of parking, separating the hotel from Forsythe Street and giving the hotel a presence on this street. · a pool podium and canopy will still be provided, helping to provide a reduction in mass for the hotel tower. · the hotel is sufficiently far away from property lines that the slight increase in the width of the hotel will not increase impacts on abutting streets and properties. November 1, 2004 - 3 - PD-2004-100 , the hotel height will not increase, nor will the number of units. · an attractive roof feature will be provided. In addition, generous landscaping will be provided. 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. To address the Provincial environmentalrequimments, the applicant is completing a Record of Site Condition. Once this document is completed and acknowledged by the Ministry of the Environment, the amending by-law, to lift the Holding provision that currently applies to the land, can be passed. The amending by-law has been included on tonight's agenda in the event that the Record of Site Condition is complete. 2. The proposed zoning amendment is appropriate. The land is zoned TC(H)-667. This zoning has provisions that regulate the height of the hotel and require a roof feature, landscaping strips along the property boundaries and parking for uses in the hotel. In addition, the applicant is required to enter into a section 37 agreement with the City to guarantee streetscaping, including sidewalk construction, on abutting streets. The amending by-law will maintain the above noted provisions. As the hotel is being shifted southward and there are minor increases to the width and length of the hotel (3 metres or 10 feet and 6 metres or 20 feet, respectively), this by-law will be tailored to recognize these minor adjustments. CONCLUSION: Approval of this application is recommended for the following reasons: · The minor changes to the width and length of the hotel are in keeping with the design criteria for high-rise buildings. · The height of the building will conform to the original approval and a roof feature and landscaping strip will be provided. · Completion of a Record of Site Condition will meet Provincial environmental conditions. The amending by-law has been included on tonight's agenda in the event that the Record of Site Condition is complete. Prepared by: Res ectfully submitted: T. Ravenda Planner 2 Executive Director of Corporate Services Rec omm end ed by: Apprgv,,ed b.y:~ ~~ ,,~o ~hn I~l"a~l~o~aldY([~~ · Doug Darbyson Director of Planning & Development Chief Administrative Officer AB :pb S:~PDRk2004kPD2004-100,AM-21-04, 5640 5700 Stanley, 5651,5653 & 5659 Buchanan Ave.wpd SCHEDULE 1 LOCATION MAP Subject Land NORTH ST Amending Zoning By-law No. 79-200 N Location: 5640 and 5700 Stanley Avenue w~ 5651, 5653 and 5659 Bu~ Avenue E S 1 :NTS Applic~t: C~en Gfis~ c/o TAGC Hold~gs ~-49/2004 SCHEDULE 2 SITE PLAN LINCOLN AVENUE NOW ~ I SCHEDULE 3 l LINCOLN AVENUE Now F'ORSYTHE STREET Niagara E~all; n~eng~l~a~r~.~m October 18, 2004 Mr. Doug Darbyson Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: RE: PROPOSED AtiENDMENT TO ZONING BY-LAW NO. 79-200 CiTY FILE AM.4~12004 The Niagara Parks Commission has no oomme, nt with respect to the proposed 6 storey, 131 unit hotel at 5640, 5651, 5663, 5659 and 5700 Stanley Avenue however we would appreciate a copy of your decision. Thank you. Youm truly, Dave Gillis, MCIp, RPP Icr Manager - Planning & Properties RECEIVED O£T 2 o .~ ~.~ ...... ~& DEVELOPMENT ~ John Kernahan ~ T~ ~G~ P~ CO~ION G~eral Manager Jim ~Iliams P.O. Box 150, Niag~ F~s, ~o, ~ L~ 6~ Chairman W*b Sit~: ~.~ag~p~.~m 1 NIA~A PLANNING AND DEVELOPMENT DEPARTMENT .u~'~-~ m .~'m The Regional Municipatlty ~ Niagara .r~ ,~ ~,~ 3550 S~mon Pa~y, P.O. Box 1~2 · ~ ~.~.. .... :,r~;a ~omld, Ontldo ~V 4~ "~'~ ~ ~ ~ F~ (g05) 641-5208 E~aii: plan~mg~nal.niagam.on.~ ~5 ~. Fax Transmittal F~m:~ fi/~ ~~ Da~: ~ ~ ~ve~ Page: ~ [nc~ding ~ page CC: The inflation confined i~t~age Is I~1~ p~ileged ~d confldemlal and is tended only far ~e use oft~ indtvid~l~~ ~y o~er ~e, a~seml~tion, distdbu:lon, disclosure or copy of~is ~lmlle ~ s~~~ve m~ed th~ ~imile in e~or, please irnm~iately no~ us by so ~at ~ may a~ange the ~m~f the oHg~al ~nsm~on. Thank you. NOV 0 PLANNING AND DEVELOPMENT DFPARTMENT The Regional Municipality of Ni,,gara 3660 Schmon Pad<WSy. P.O. BOX 1042 ~ ~ PlAnning ~ Thorold, Ontario L2V 4T7 Iscan"d I Telep~lone: g05-gB4.3830 File: ~ Fax: 905-641-5208 E-msll: plan~regior~al.niagara.omca October 19, 2004 File: D.10.M.11.23 Mr. 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; Appll;ation to Amend Niagara Falta Zoning By-law Carmen Grtsafl c/o TAGC Holdings Bounded by Stanley Ave,, Foraythe St. and Buchanan Ave. City of Niagara Falls Your File: '.~" Regional Planning staff has reviewed the above-noted application fc~' a site specific amendment to the City's zoning by-law setback requirements to accommodate the location of a hotel on the subject lands. The property is within the Urban Area boundaries of Niagara Fails. as designated in the City's Official Plan and the Regional Policy Plan, From a Regional and Provincial perspective, the application appears to conform to relevant policy issues. Because there will be numerous details related to site plan approv;tl, we recommend that the lands be placed in an (H) holding zone until all issues have been sati~factodly addressed. We understand that you will circulate a copy of this proposal to 'Ihs Regional Public Works Department in order that they may comment relative to setbacks from Stanley Ave. prior to the amendment being finalized. Regional Public Works will also be closely involved in the site plan approval (including agreement) process. For tha above noted reasons, Regional Planning staff has no objection to the proposed amendment, provided that Regional Public Works has no concerns. If you have any questions, please do not hesitate to contact me. Please provide us with a ¢opy of Council's decision. g Services NOV 0 ! t, lll OCT 1 9 201 .... 2 "~1~ J~LF~F~it~L~ . PLANNING & DEVELOPMENT 2 Councillor W. Smeaton, Regional Municipality of Niagara Mr. Andrew Bryce, Planner 2, City of Niagara Fells Mr. W. Stevens, Regional PublicWol~s ~ZBLA-TAGC Ho~dlng~-NF Corporate Services Department PD-2004-101 ,,~,. Planning & Development Doug Darbyson The City of /ll~ 4310 Queen Street Director Niagara I:all$1Jl~l~ P.o. Box 1023 ~~da Niagara Falls. ON L2E 6X5 Can~~ web site: ~.city.niagarafalls.on.ca I-- Te .: ( 05) 35 -752 Fax: (905) 356-2354 E-maih planning~city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-101, Draft Plan of Condominium Courtyard Apartments (4658 Drummond Road) File: 26CD-11-2003-03 Owner: Longterm Equities Inc. Agent: The Larocque Group RECOMMENDATION: It is recommended that: I) the proposed plan of condominium be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The applicant proposes to convert the existing 7S-unit rental apartment to a condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the east side of Drummond Road, north of Morrison Street (see Schedule 1). The building layout and parking/driveway area are shown on Schedule 2. There are no public meeting or notification requirements for plans of condominium under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the building for information and as a courtesy. The developer also contacted the tenants regarding the proposed condominium conversion and the agent has recently held a meeting with the tenants. Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems · Legal · Planning & Development November 1, 2004 - 2 - PD-2004-101 Provincial Landlord and Tenant Legislation The Tenant Protection Act (TPA) came into force in 1998. This act replaced several pieces of legislation including the Landlord and Tenant Act, Rent Control Act and Rental Housing Protection Act (RHPA). Previously, condominium conversion applications required an exemption to the RHPA and municipalities could impose conditions to safeguard tenants. The Tenant Protection Act removed this municipal review function, but contains sections to protect existing tenants in cases of condominium conversions. Tenants can continue to rent their units and have the fight of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominium when the vacancy rate is below three percent. Although tenants' rights are protected by the Provincial TPA, the principle remains that removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2003. The data indicates a vacancy rate of 4.6% for all surveyed apartment units in Niagara Falls. The subject site is located just outside of the City"core" (bounded by the hydro canal) as defined by CMHC and the apartment vacancy rate of the statistical sample in this area is 2.2%. Based on the composition of the apartment building (18 units - 1 bedroom, 45 units - 2 bedroom and 15 units - 3 bedroom) the weighted average of the vacancy rates is 4.3% based on City-wide figures. Low mortgage rates will continue to encourage many tenants to enter the home ownership market which in turn opens up rental apartment units for occupancy. Information from the October 2004 survey has not been released but the anticipated trend is for modest improvements to vacancy rates. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The applicant estimates that selling price ranges for the proposed condominium units will be approximately $72,000 to $82,000 (1-bedroom), $87,000 to $120,000 (2-bedroom) and $116,000 to $137,000 (3-bedroom). These prices for the condominium units would provide additional affordable housing options in the City. Regional Rental Housing Policies The Region and the Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet the range of housing needs. The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected - a vacancy rate of three percent or more is considered desirable for a healthy rental market. Regional Planning staff note that throughout the mai or urban centres of Niagara the vacancy rate is 2.7% for all apartment units which is below the desired threshold. It is acknowledged that the total apartment vacancy rate is 4.6% in Niagara Falls. In this regard, there are some concerns from a Regional and Provincial perspective based on the overall low vacancy rate Region-wide. Site Assessment The condominium conversion process provides the opportunity to achieve site improvements with respect to current development standards. The property is zoned Residential Apartment 5B Density November 1, 2004 - 3 - PD-2004-101 (R5B) through Zoning By-law No. 79-200. The development complies with all zoning provisions with the exception of a requirement for a decorative wall/landscaped berm along the front lot line to screen the front yard parking area. Although the site is setback some distance from Drumanond Road and there is an existing berm with trees between the street and parking area, the berm is located within the municipal road allowance and not part of the property ownership. A wall or berm is required on the site unless the applicant obtained a variance to eliminate this zoning standard. There is a registered site plan agreement on the land from 1984. The front parking area differs slightly compared to this plan but is satisfactory. A decorative front yard wall as well as fencing of the northwest and south property lines are indicated on the site plan but not constructed. CN Railway land abuts the property to the northwest and fencing needs to be provided. The Region recommends an acoustical wood fence in this location to act as a noise barrier from the railway and the inclusion of a warning clause to advise purchasers of potential impacts. The applicant would prefer to construct a wood fence to match other fencing on the development. Given that the apartment has existed for many years, this request is acceptable to the Region as the fence would provide some visual buffering and the warning clause will be in place. The south boundary abuts the deep rear yards of several homes and a side yard of a dwelling next to the driveway area. Mature trees exist along the property line and a degree ofcompatibilityhas been achieved through the years. Staff recommend fencing be provided along the driveway entrance at the side yard of the abutting residence. CN Rail has requested standard conditions of approval for chain-link fencing, approval of any drainage alterations and a warning clause. The designation of a fire access route through the site is required. A portion of the property is within a plan of subdivision registered in 1906 while the balance of the land is part of an original Township lot. There is no record of any parkland contributions and therefore cash-in-lieu of parkland dedication is requested as permitted by the Planning Act. CONCLUSION: The proposed conversion of the existing apartment to condominium ownership can be supported fi:om a municipal perspective. The rights of the current tenants will be safeguarded through the requirements of the Tenant Protection Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. ~r .~~y~__~Pr ed by: A~/j~.~ Richard Wilson ~T. Ravenda Planner 2 ~/ Executive Director of Corporate Services Re~d b~y.' Respectfully submitted: Doug Darbyson :~r~J,o~' Director of Planning & Development y Chief Administrative Officer RW:gd Attach. S:~PDR~2004~PD2004-101,26CD-11-2003-03, Cour~ard Apts.wpd November 1, 2004 - 4 - PD-2004-101 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Courtyard Apartments (4658 Drummond Road) Draft Plan of Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated December 3, 2003, showing 78 apartment units. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer construct the decorative wall or landscaped berm along the front lot line to comply with zoning regulations, or obtain final approval for a variance to this provision from the City's Committee of Adjustment. 5. The developer construct wood fencing to match existing perimeter fencing on the site along the northwest property line and also along a portion of the south property line (approximately 25 metres in length) between the driveway area and the side yard of the abutting property. 6. The developer submit a request to Fire Services to designate through municipal by-law a fire access route on the property. 7. The developer provide the City with cash-in-lieu of 5% parkland dedication. 8. The developer provide five copies of the pre-registration plan to Planning & Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. 9. The Condominium Agreement and all offers of Purchase and Sale contain the following noise warning clause: "Purchasers/tenants are advised that sound levels due to increasing rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Ministry of the Environment's noise criteria." 10. The developer install and maintain at their own expense, a chain-link fence a minimum 1.83 metres in height along the mutual property line with CN Rail. 11. Any proposed alterations to the existing drainage pattern affecting Railway property receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of CN Rail. 12. The following warning clause shall be included in the Condominium Agreement, Condominium Declaration and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit: November 1, 2004 - 5 - PD-2004-101 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion o fany noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way." Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice fi'om applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied. Regional Planning and Development Department for Condition 9 CN Rail for Conditions 10, 11 and 12 SCHEDULE 1 Proposed Plan of Condominium 4658 Drummond Road (Courtyard Apartments) 26CD-11-2003-03 Location Map 'i' N Subject Land~ S 1: NTS LOT It LOT I0 j LOT ~ I LOT 8 J LOT 7 I J ~c~ .... OPTIMISTS October 8, 04 City of Niagara Falls Clerks Dept. c/o Dean lorfida Since 1954, the Optimist Clubs have recognized the accomplishments of youth in the home, school, church and the community. Every November, the Optimist Club of Niagara Falls honours the youth of our City for their talents in the Arts, Academics, Athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual "Youth Appreciation Awards Night" we ask that you issue us a proclamation, proclaiming the week of November 21 - 27 / 2004 as" Youth Appreciation Week" in the city of Niagara Falls. We thank you in advance for this undertaking. Yours in Optimism Jeff Detlor Youth Activities & Programs Chairman THE OPTIMIST CLUB OF NIAGARA FALLS RO BOX 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 6S8 Phone: 905-358-0033 Fax: 905-358-9661 tival light ~ StanleyAvenue Niagara Faits, Ontario, Canada L2G 3X4 c~! S Tel.: 905-374-1616 · Fax: 905-374-4683 NIAGARA FALLS * ONTARIO * ADA E-mail: wfol@niagarafallstourism.com October 15, 2004 Mr. Serge Fellicetfi Economic Development Officer City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Winter Festival of Lights Fireworks Shows Dear Serge: The Winter Festival of Lights has contracted David Whysall International Fireworks Inc. to produce twelve (12) fireworks shows on the following dates: November 19, 20, 26, December 3, 10, 17, 24, 31 (two shows), 2004 and January 7, 14, and 15, 2005. The Festival has ensured that your organization has been added as an additional insured party, as has been done in the past. The attached Certificate of Insurance is for your records. Should you have any questions, please do not hesitate to contact me. Sincerely, WI~_ AL_ OF LIGItTS Dino Fazip General ttlanager OCT Z 0 2004 Corporate Services Department CPS-2004-10 · , ,a~ . Human Resources Tony Ravenda The City jrJ d 4310 Queen Street Executive Director Niagara Fallsl,~ll~ P.O. Box 1023 Gonad(3 ~~.m~.. Niagara Falls, ON L2E 6X5 ~Jl~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: travenda~city.niagarafalls.on.ca November 1, 2004 His Worsl'fip Mayor Ted Salci and Members of the Municipal Cotmcil City of Niagara Falls, Ontario Members: Re: CPS-2004- 10 - Sewer Consumption Rate Refund RECOMMENDATION: 1) That Council apply the sewer consumption rate refund to City-wide infrastructure projects and that every effort is made by Staff to secure matching provincial and federal funding. OR 2) That if Council wishes to retired the monies they select Option #3. BACKGROUND: As part of a major capital upgrade to the Region's sewage treatment plant on Stanley Avenue the original Cipoletti effluent weir was replaced with a new rectangular weir in April 2000. As a result of the change the ultra sonic measuring device used to determine the flow rate, in imperial gallons, had to be calibrated to conform to the new dimension of the rectangular weir. As a result of problems with the recalibration a new ultra sonic meter was installed on May 25, 2000. At the time of the installation the calibration report indicated that the maximum flow was 34.85 million gallons per day (mgd). It was assumed that the measurement was in imperial gallons. In June of 2001 a calibration was done of the flow measuring device and the report indicated that it was measuring accurately and that the peak flow was 34.85 mgd. In October 2002 another check of the flow metering device was carried out. The calibration report was not received until January 2003. As part of its ongoing Best Management Practises the Region hired Associated Engineering to perform a Region wide billing meter audit. It was during this audit, which reviewed the January 2003 calibration report, that it was discovered that the flow measuring device was measuring in US gallons and not imperial gallons. Upon further investigation it was confirmed that the totals being recorded were in fact in US gallons and then being converted into metric, based on imperial gallons, Working Together to Serve Our Community Clerks · Finance Human Resoumes Information Systems Legal · Planning & Development November ~1, 2004 - 2 - CPS-2004-10 for billing purposes. As a result on June 12, 2003 the flow meter at the plant was recalibrated to measure in cubic meters in order to be consistent with the billing to the City. In March 2004 both Associated Engineering staff and Regional staff conducted an in-depth review of the calibration work, metering and records dating back to 1993 in order to confirm that prior to June 2000 the Cipoletti weir had been calibrated in imperial gallons. Based on this review Regional staff concluded that the problem in the billing quantities for sewer flows is limited to that period from May 25, 2000 to June 12, 2003. City Staff has reviewed the Associated Engineering report and has met with Regional staff at the sewage treatment plant to go over the matter. Based on the information provided to date, City staff has no reason to believe at this time that an error in measuring of the flows has occurred outside the periods indicated. City staff has received additional information from the Region with respect to how the $5.4 million rebate figure was arrived at. Based on the information provided, Staff does not foresee any significant changes to this amount. Options In reviewing this matter, Staff has examined four (4) options for Council's consideration; 1. Actual Consumption Refund The actual consumption refund is a return of the actual overpayments received from water/sewer customers for sewer consumption billings during the period June 2000 to June 2003. City staff would undertake individual account analysis to provide information on the exact amount of overpayment for each water/sewer customer Account analysis would include examination of the billing history in determining how much consumption took place, and also examining the payment history. Most water/sewer rate customers will have accounts that are still active today. Several others will have closed their accounts and will need to be contacted. Some accounts will have involved the transfer of water/sewer arrears to tax accounts, and still others will have involved the payment by other parties, such as landlords. This analysis is the most involved and will require considerable staff time to complete the task. The sewer consumption rate must be recalculated for each year from June 2000 to June 2003 based upon the amount of sewer refund applicable for each year. This analysis will take approximately six (6) weeks and cost approximately $6,000. Customer records must be examined to determine qualifying users of sewage treatment and will involve computer programming, data analysis, and cross referencing. This analysis will take approximately 15 weeks and cost approximately $44,000. Approximately 64,000 accounts must be examined for usage quantity and refund entitlement. This analysis will take approximately 52 weeks and cost approximately $360,000. The final task is the payment of approximately 64,000 refunds - either by credit to current customers, or by cheque to other recipients. This task will take approximately eight (8) weeks and cost approximately $40,000. The use of appropriate software and the hiring of contractual personnel will greatly assist in completing the task in a timely and accurate manner. Staffestimates a total cost of $450,000 to complete the task. November 1, 2004 - 3 - CPS-2004-10 2. Average Consumption Refund The average consumption refund i s a return of an average overpayment received from water/sewer customers for sewer consumption billings during the period June 2000 to June 2003. City staff would undertake to prepare average refund amounts for the various sizes of meters in both residential and commercial installations. The average refund would be based upon a random sample analysis of all the accounts that existed during the period June 2000 to June 2003. The average refund would be credited to, or paid to, water/sewer customers according to a date of record. The date of record, as chosen by City Council, would be a point in time during the period June 2000 to June 2003. Most water/sewer customers will have accounts that are still active today. Several others will have closed their accounts and will need to be contacted. The sewer consumption rate must be recalculated for each year from June 2000 to June 2003 based upon the amount of sewer refund applicable for each year. This analysis will take approximately six (6) weeks and cost approximately $6,000. Customer records must be examined to determine qualifying users of sewage treatment on the date of record and will involve computer programming, data analysis, and cross referencing. This analysis will take approximately seven (7) weeks and cost approximately $20,000. Approximately 6,000 accounts may be examined for average usage quantity and refund entitlement. This analysis will take approximately 22 weeks and cost approximately $34,000. The final task is the payment of approximately 28,000 refunds - either by credit to current customers, or by cheque to other recipients. This task will take approximately eight (8) weeks and cost approximately $20,000. T he u se of appropriate software and the hiring of contractual personnel will greatly assist in completing the task in a timely and accurate manner. Staff estimates a total cost of $80,000 to complete the task. 3. Credit Consumption Refund The credit consumption refund is an adjustment to the 2004 and future sewer consumption rates. City staff would undertake to recalculate the existing 2004 sewer consumption rate and future sewer consumption rates, using the Regional refund as a substitute revenue during the time that it will be received. Council will establish a future date to start the credit consumption mftmd. The sewer consumption rate must be recalculated for the balance of the 2004 year per the start date set by Council (e.g., October 1, 2004), and based upon the amount of sewer refund applicable to the current year. This analysis will take approximately six (6) weeks and cost approximately $6,000. The balance of the sewer refund will be applied to the 2005 sewer consumption rate. The current Customer records must be examined to determine qualifying users of sewage treatment and will involve computer programming, data analysis, and cross referencing. This analysis will take approximately four (4) weeks and cost approximately $10,000. Approximately 28,000 accounts will be examined for actual usage quantity and refund entitlement. This analysis will continue until the sewer refund has been fully paid out approximately 26 weeks and cost approximately $21,000. The final task is the payment of approximately 28,000 refunds - either by credit to current customers, or by cheque to November 1, 2004 - 4 - CPS-2004-10 other recipients. This task will take approximately 26 weeks and cost approximately $20,000. The use of appropriate software and the hiring of contractual personnel will greatly assist in completing the task in a timely and accurate manner. Staff estimates a total cost of approximately $57,000 to complete the task. 4. Infrastructure As discussion has taken place with respect to investing the Regional Wastewater Refund in the wastewater collection system, the following information is provided for Council's review. The City owns approximately 378 km of sanitary sewer pipe with an average of 43 years old with the oldest section constructed in the late 1800%. It is estimated that the replacement value in today's dollars for the wastewater collection system is approximately $255 million. In order to determine an appropriate level of funding for capital replacement purposes, an expected lifespan must be used to trigger replacement of the sewer pipe. Typically in the industry, lifespans of 70 to 100 years have been used. The Regional Municipality of Niagara recently used a 70-year lifespan for replacement cost purposes in their Water and Wastewater Master Servicing Plan. The following chart illustrates the funding required in order to provide the investment capital to satisfy the replacement costs at the end of the assets life and the, "Do Now," category for those pipes that exceed the expected lifespan. EXPECTED LIFE SPAN 70-year 100-year Investment Capital Required $76 million $41.8 million Do Now $39.5 million $23.8 million In addition to the funds required to maintain the existing wastewater collection system the City is in the midst of a Sewer Separation Program. Approximately 26% of the sewer collection system is combined. The cost to separate these systems is approximately $70 million. The cost is based on looking at the system as a whole and does not include a street by street analysis nor does it include any associated road improvements that maybe required as a result of the reconstruction. As part of the 2004 Capital Works Program Deliberations, two sewer separation projects were delayed beyond the five-year period due to the impacts on the City's debt. These projects included the Bridge Street separation which included storm sewers on Bridge Street, First, Second and Third Avenues. Another project that was considered was installation of storm sewers on Riall Street which would pick up a number of storm sewers in the area that is currently draining into the combined sewer on Riall Street. The costs for these projects are $4 million for Bridge Street and $1.7 million for Riall Street. In February 2004 Infrastructure Canada announced a new Municipal Rural Infrastructure Fund (MRIF). At least 80% of the funding under the MRI~ will be dedicated to Municipalities with a population less than 250,000. MRIF will be cost shared, with the Government of Canada contributing on average 1/3 of the total projects eligible costs. The November 1, 2004 - 5 - CPS-2004-10 remaining funding requirements are to be shared equally between the Municipalities and the Province thus providing a 1/3 Federal, 1/3 Provincial and 1/3 Municipal funding scheme. A minimum of 60% of the funding under the MRIF with the minimum of 40% per jurisdiction will target those infrastructures that will provide a better quality of life and benefit through sustainable development. These projects include water, wastewater, solid waste, municipal energy improvements and public transit. Industry Canada has begun negotiations with the Province of Ontario with respect to the application of the program. The negotiations were suspended during the recent Federal election and Industry Canada staff cannot provide an indication at this time as to when the program will be implemented. As there is no detailed information available as to the program itself City staff cannot provide any indication as to the amount of funding that the City of Niagara Falls would be eligible to receive. Recommended & Approved by: Respectfully submitted: Tony Ravenda ..J~John MacDonald Executive Director of Corporate Services ~Chief Administrative Officer CA0-2004-04 City Hall 4310 Queen Street P.O. Box 1023 Chief Administrative Officer Niagara Falls, ON L2E 6X5 ~ web site: vvwwv.city.niagarafalls.on.ca (905) 356-7521 Ext. 5100 Fax: (905) 374-3557 jmacdona@city.niagarafalis.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CAO-2004-04 - Cross Border Mayors Coalition RECOMMENDATION: l) That Council support the work of the Niagara River Bi-National Mayors Coalition, and 2) That Council contribute $30,000 CAN. funds to the Coalition for the purpose of supporting the execution of a Border Strategy representing the border communities of Niagara Falls, Ontario; Niagara Falls, New York; Buffalo, New York; Fort Erie, Ontario; Lewiston, New York; and Niagara-on-the-Lake, Ontario. BACKGROUND: Canada and the United States are each others largest trading partners, as well as being the largest trading partners in the world. The 3,000+ mile border is the largest undefended border in the world. Nowhere is there a more exemplary model for trade, economic and social cooperation than those communities that comprise the Niagara River basin. For more than a century, this area has enjoyed a safe, free-flowing and always modernizing border that has more than capably met the demands of providing for the safe and efficient movement of goods and people so critical to the economic success of both nations. Increased population growth, economic conditions, shift in transportation and the results of increased security-induced congestion from the aftermath of 9/11 are frustrating the free-flow of trade and economic growth. November 1, 2004 - 2 - CAO-2004-04 The four highway bridges and two railway bridges make the Niagara River area the second busiest commercial border crossing along the Canada-U.S. border carrying approximately 19% of all of Canada-U.S. trade. While this fact is widely important to both countries' economies, the timely development and effective management of a safe/efficient border crossing and transportation approaches are essential for the future and continuing prosperity of Niagara's communities. There are a number of proposed capital and operational issues. Many of these have well-thought out solutions already defined, but somehow the critical message that "a solution unimplemented is no solution at all" is getting lost in the political noise of competing priorities at all government levels. Clearly, senior governments have an obligation regarding all four road border crossings in Niagara to ensure that: - commuters and travelers enjoy safe, predictable and efficient trips across the Niagara River, - the existing infrastructure is operating efficiently, and - the planning and development of infrastructure expansion are timely so as to encourage the regional and national economies to grow and prosper through rapid, safe and predictable movement of trade and people. The Coalition's principal areas of concern for border crossings in Niagara include the following, but are not limited to: a) the funding and timely implementation of border approach improvements b) the management of traffic and flow-related issues c) the effective and timely development of capital improvements and technologies to support the growth in border use (short-term and long-term measures) d) effective development implementation of timely solutions and strategies that bridge jurisdictional conflicts between the variety of government agencies and legislatures. The Coalition seeks to develop strategies for all four border crossings in Niagara that: 1) expedite domestic transit, as the Niagara River area is heavily reliant on its bi-national character 2) facilitate a public differential between the commercial traffic (trucks) and the tourist traffic (cars) 3) promote effective crossings which equals trade, equals prosperity 4) promote technological solutions that facilitate safe travel and border crossing effectiveness 5) build alliances of like values with American and Canadian finns reliant on the efficient free- flow at the borders November 1, 2004 - 3 - CAO-2004-04 The collective financial contributions of the six Coalition members will be pooled and used to purchase professional consulting services to plan and execute the Coalition's work. The community partners that have agreed to contribute to the Coalition, subject to the approval by the various Councils, include the border communities of Buffalo, New York; Niagara Falls, New York; Lewiston, New York; Niagara-on-the Lake, Ontario; and Fort Erie, Ontario. Additional funding may be sought from other organizations and companies who share both the concern and impact of cross border trade. Representing the collective interests of the residents and economies of Western New York and Niagara is a responsibility that is incumbent upon the very border communities that anchor them. There are no alternative organizations or groups that can better convey the impact of border issues than those municipalities that have willingly agreed to participate on and contribute to the working partnership of this Coalition. In order for the work of the Coalition to proceed, support from the respective Coalition partners is being sought. Council's concurrence with the recommendations would be appreciated. ii~y~~y ..... Respectfully~~submitted: /Serge Felicetti ~.~ John MacDonald Director of Business Development Chief Administrative Officer SF:kk Corporate Services Department F-2004-56 T ..... Jta, F nance Division Kenneth E. Burden ne 43'10 Queen Street Director Niagara Fall$lJ ,, lj' p.o. Box '1023 Canada .~'~,~"Niagara Falls, ON L2E 6X$ Jrl~. web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden~city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-56 - 2003 Consolidated Financial Statements RECOMMENDATION: For the information of City Council. BACKGROUND: Attached for your information is a copy of the audited 2003 Consolidated Financial Statements for the Corporation of the City of Niagara Falls. The financial statements were audited by the City's Auditor, Crawford, Smith and Swallow. Recommended by: Respectfully submitted: DKireE~tBorU;dfeFninance ~ Chief Admini ive 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 craw ord SI~dlIOW THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2003 cra rtbrd smith,S, swalld THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2003 Table of Contents Page Auditors' Report 1 Consolidated Statement of Financial Position 2 Consolidated Statement of Financial Activities 3 Consolidated Statement of Changes in Financial Position 4 Notes to Consolidated Financial Statements 5 - 19 Schedule of Operating Fund Activities 20 Schedule of Capital Fund Activities 21 Schedule of Reserves and Reserve Funds 22 Auditors' Report - Trust Funds 23 Statement of Financial Position - Trust Funds 24 Statement of Financial Activities and Changes in Fund Balances - Trust Funds 25 Notes to Financial Statements - Trust Funds 26 AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of The Corporation of the City of Niagara Falls, Ontario We have audited the consolidated statement of financial position of The Corporation of the City of Niagara Falls, Ontario as at December 31, 2003 and the consolidated statements of financial activities and changes in financial position for the year then ended. These consolidated financial statements are the responsibility of the city's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free 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 management, as well as evaluating the overall financial statement presentation. In our opinion, these consolidated financial statements present fairly, in all material respects, the financial position of the city as at December 31, 2003 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. Niagara Falls, Ontario August 20, 2004 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2003 2002 $ Financial Assets Cash - note 3 12,908,180 Investments - note 4 15,363,002 Taxes receivable - notes 5 and 8 12,530,276 Accounts receivable - notes 6 and 18 1,656,233 User charges receivable 8,883,411 Long-term receivables 1,079,661 Note receivable - note 7 22,000,000 Long-term investment - note 7 110,174,383 Contingent Liabilities - note 20 Liabilities Temporary loans - note 8 13,683,707 Accounts payable and accrued liabilities - note 18 5,983,963 Deferred revenue - obligatory reserve funds - notes 9 and 21 15,637,278 Deferred revenue 1,736,383 Other current liabilities 1,096,839 Post-employment benefits ~ note 10 14,250,930 Net long-term liabilities - note 11 677 58,717,777 Net Financial Assets 51,456,606 Non Financial Assets Inventories and prepaid expenses 1,055~801 Net Assets 52,512,407 Municipal Position Operating fund - note 12(a) 2,308,610 Capital fund - note 12(b) (7,097,703) Reserves and reserve funds - notes 12(c) and 21 20,127,487 Niagara Falls Hydro Holding Corporation net equity - note 12(d) 57,753~620 73,092,014 Amounts to be recovered 52,512,407 See accompanying notes 2 cravrford smi~ ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL ACTIVITIES for the year ended December 31, 2003 2002 $ Revenues Taxation - note 5 43,843,851 User fees and charges 38,472,175 Government of Canada grants 45,480 Province of Ontario grants 4,168,169 Other municipal grants 35,475 Provincial Offences Act 264,636 Interest and penalties 2,318,447 Investment income 1,784,259 Casino and gaming revenues 2,600,000 Niagara Falls Hydro Holding Corporation net income - note 7 4,013,934 Contributions from Obligatory Reserve Funds 414,378 Other 3,727,905 101,688,709 Expenditures General government 10,277,335 Protection to persons and property 10,838,005 Transportation services 22,170,175 Environmental services 33,837,178 Health services 1,367,965 Social and family services Recreation and cultural services 11,543,514 Planning and development 2,081,862 92,116,034 Net Revenues (Expenditures) 9,572,675 Add: New debt issued or assumed 2,897,029 Add: Post-employment benefits 364,437 Less: Debt principal repayments (929,955) Increase in amounts to be recovered 2,331,511 Change in Fund Balances 11,904,186 See accompanying notes 3 cravorord smith t~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGES IN FINANCIAL POSITION for the year ended December 31, 2003 2002 Operations Net revenues (expenditures) 9,572,675 Sources (Uses) Change in investments (3,813,510) Change in taxes receivable 1,964,265 Change in accounts receivable 1,479,330 Change in user charges receivable (1,996,539) Change in long-term receivables (368,431) Change in inventories and prepaid expenses (256,519) Change in temporary loans (1,776,133) Change in accounts payable and accrued liabilities (2,326,399) Change in deferred revenue - obligatory reserve funds 7,234,482 Change in deferred revenue (518,484) Change in other current liabilities 236,403 Change in post-employment benefits 364,437 222,902 Net income of Niagara Falls Hydro Holding Corporation (4,013,934) Net increase (decrease) in cash from operations 5,781,643 Financing Long-term debt issued 2,897,029 Long-term debt repaid Net increase in cash from financing 1,967,074 Increase in Cash Position 7,748,717 Cash Position~ Beginning of Year 463 Cash Position, End of Year 12,908,180 See accompanying notes 4 cFawford smith ~ sv~llow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 1. Significant Accounting Policies The consolidated financial statements of the The Corporation o£ the City o£ Niagara Falls, Ontario are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board ("PSAB") of the Canadian Institute of Chartered Accountants. (a) Basis of consolidation (i) These consolidated financial statements reflect the assets, liabilities, revenues and expenditures of the operating fund, capital fund, reserves and reserve funds and include the activities of all committees of council and the £ollowing boards, municipal enterprises and utilities which are under the control of council: Library Board Transit Commission Waterworks Operation Chippawa Business Improvement Area Clifton Hill Business Improvement Area Downtown Board of Management Fallsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Niagara Falls Hydro Holding Corporation All inter-fund assets and liabilities and sources of financing and expenditures have been eliminated with the exception of loans or advances between reserve funds and any other fund of the municipality and the resulting interest income and expenditures. The Niagara Falls Hydro Holding Corporation is accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Municipality, and inter- organizational transactions and balances are not eliminated. (ii) Partial-consolidated entity The following joint local board is proportionately consolidated. See note 16. Niagara District Airport Commission (iii) Accounting for Region and School Board transactions The taxation, other revenues, expenditures, assets and liabilities with respect to the operations of the school boards and the Region of Niagara are not reflected in the municipal fund balances of these consolidated financial statements. 5 cravarord smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 1. Significant Accounting Policies - cominued (iv) Trust funds Trust funds and their related operations administered by the Municipality are not consolidated, but are reported separately on the "Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund Balances". (b) Basis of accounting (i) Revenues and expenditures are reported on the accrual basis of accounting. (ii) The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Inventories Inventories are valued at average cost. (iv) Capital assets Capital assets are recorded as an expenditure on the "Consolidated Statement of Financial Activities" in the year of acquisition. (v) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (vi) Investment income Investment income earned on current surplus funds, capital funds, reserves and reserve funds (other than obligatory reserve funds) are recorded as revenue in the period earned. Investment income earned on obligatory reserve funds are recorded directly to each fund balance. (vii) Amounts to be recovered The balance referred to as "Amounts to be recovered", includes balances for post- employment benefits and net long-term liabilities. (viii) Use of estimates The preparation of the financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. 6 omar[oM smith ~ surallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 2. Operations of School Boards and the Region of Niagara Further to note l(a)(iii), the taxation, other revenues, expenditures and overlevies of the school boards and the Region of Niagara are comprised of the following: School Boards Region 2003 2002 2003 2002 $ $ $ $ Taxation and user charges 41,369,025 40,981,902 48,369,217 45,695,280 Payments-in-lieu of taxes 3,199 2,257 865~ 121 510~307 Amounts received or receivable 41,372,224 40,984,159 49,234,338 46,205,587 Requisitions 41,372,224 40,984,159 49,234,338 46~205,587 Overlevies (Underlevies) at the end of year 3. Cash This represents cash and short term investments from both the operating fund and the reserve funds (including those funds set aside in deferred revenue): 2002 Operating Fund 6,330,720 Reserve Funds 6,577~460 12,908,180 4. Investments Total investments amounting to $16,061,432 ($15,363,002 - 2002) are recorded on the "Consolidated Statement of Financial Position" at the lower of cost and market. The market value as at December 31, 2003 is $16,105,073 ($15,547,161 - 2002). 7 craw[oM smith (8~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2003 5. Tax Receivables and Revenues Property tax billings arc prepared by the Municipality based on an assessment roll prepared by the Municipal Property Assessment Corporation ("MPAC"). The property tax receivables and tax revenue of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepaycrs have yet to be heard. The Municipality has established an allowance for doubtful accounts in the amount of $ 920,000 ($ 920,000 - 2002). The Province of Ontario instituted a mandatory capping program through the provisions of Bill 79, which limited assessment related increases to 10% in 1998, and an additional 5% in each of 1999 and 2000. Multi-residential, commercial and industrial property owners experiencing decreases were also capped at appropriate levels to fund the phasing-in of increases. The Province has enacted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. The new legislation will limit assessment related increases in property tax bills to 5%. 6. Interfund Receivables (Payables) As a means of financing certain activities, funds are borrowed by the operating fund from several reserve funds. Both financing and repayments are reflected as interfund transfers and therefore are eliminated from the "Consolidated Statement of Financial Activities". Likewise interfund receivable and payable balances are not reflected on the "Consolidated Statement of Financial Position". The interfund receivable and payable balance as at December 31, 2003 was $ 227,201 (($ 3,078,693) - 2002). 7. Investment in Niagara Falls Hydro Holding Corporation 2002 $ Statement of Financial Position Current assets 24,245,923 Capital assets 50,236,990 Other assets 4,937,183 Total Assets 79,420,096 Current liabilities 17,493,431 Other liabilities 4,173,045 Note payable 22,000,000 Long-term debt Total Liabilities 43,666,476 Net Assets 35,753,620 8 ctawLord smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 7. Investment in Niagara Falls Hydro Holding Corporation - continued 2002 $ Statement of Financial Activities Revenues 74,353,461 Operating expenses 70,339,527 Net Income 4,013,934 8. Temporary Loans The Municipality has a loan due on demand of $ 200,000 bearing interest at prime less 0.375%. The Municipality has another loan in the amount of $ 225,000 due on demand bearing interest at 4.125%. The Municipality has a non-revolving loan in the amount of $11,356,091 bearing interest at 2.75% and maturing June 14, 2004. This note is secured by a pledge of tax revenues. The Municipality has an authorized line of credit of $ 4,000,000 of which NIL has been drawn upon as at December 31, 2003. See note 14. 9. Deferred Revenue - Obligatory Reserve Funds The following balances are reflected as deferred revenue - obligatory reserve funds as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. 2002 $ 2% Parkland dedication 414,144 Public purpose 87,733 Development charges 291,539 Discounted development charges 4,843,862 15,637,278 10. Post-Employment Benefits 2002 $ Post-employment benefits 9;9~7;~0 9,096,044 Accumulated sick leave 2;igi19~5 2,277,622 WSIB- Schedule II future liability 2,50036~ 1,824,868 Vacation pay 1,065~!~ 1,052,396 15;71~i477 14,250,930 9 craw[oM smith (g), swallo~v THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 10. Post-Employment Benefits - continued Post-Employment Benefits and Accumulated Sick Leave The Municipality pays certain medical, dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post-retirement costs in the period in which the employees rendered the services. Under the Municipality's sick leave benefit plan, tmused sick leave can accumulate and employees may become entitled to a cash payment when they leave the Municipality's employment. A reserve has been established for the accumulated sick leave liability. The balance as at December 31, 2003 is $ 591,500 ($ 670,000 - 2002). A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2003 is $ 528,977 ($ 290,000 - 2002). The liabilities for post-employment benefits and accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 6%. As a result of an actuarial valuation on post-employment benefits conducted in 2004 for the year ending December 31, 2003, it was determined that an actuarial loss of $1,038,322 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 943,929. Workplace Safety and Insurance Board - Schedule II Future Liability The Municipality has elected to be treated as a Schedule II employer and as such, is required to remit payments to the Workplace Safety and Insurance Board ("WSIB") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 6%. As a result of an actuarial valuation on the WSIB - Schedule II liability conducted in 2004 for the year ending December 31, 2003, it was determined that an actuarial loss of $ 874,000 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 794,545. A reserve fund has been established for this liability. The balance as at December 31, 2003 is $ 575,147 ($ 358,091 - 2002). Vacation Pay As at December 31, 2003, employees of the Municipality have accumulated vacation pay credits in the amount of $1,065,414 ($1,052,396 - 2002). Any unused credits may be carried forward to future years. 10 cmwford smi~ ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 10. Post-Employment Benefits - continued Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System (OMERS), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2003 was $ 631,804 for current services. As a result of OMERS waiving the pension funding requirements for 2002, the amount contributed was nil. 11. Net Long-Term Liabilities (a) The balance of net long-term liabilities reported on the "Consolidated Statement of Financial Position" is made up as follows: 2002 Total long-term liabilities incurred by the Municipality including those incurred on behalf of school boards, other municipalities and municipal enterprises and outstanding during the year is 6~328,677 Net long-term liabilities, end of year 6,328,677 (b) Of the net long-term liabilities reported in (a) of this note, $ 4,826,274 in principal payments are payable from 2004 to 2008 and $ 4,316,558 from 2009 to 2013. (c) The long-term liabilities in (a) issued in the name of the municipality have received approval of the Ontario Municipal Board for those approved on or before December 31, 1992. Those approved after January 1, 1993 have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Total charges for the year for net long-term liabilities which are reported on the "Consolidated Statement of Financial Activities" are as follows: 2002 $ Principal 9i4i845 929,955 Interest 34-~;~ 329,248 1,259,203 11 craw[ord smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 12. Municipal Fund Balances at the End of the Year (a) Operating fund balance 2002 $ For general reduction of taxation 934,334 For general reduction of user charges respecting waterworks 497,335 For general reduction of user charges respecting sewers For general use by Library Board 35,179 For general use by the Business Improvement Areas 683,280 For general use by Airport Commission 158 482 2,308,610 2002 $ (b) Capital fund balance Acquisition of capital assets to be recovered through taxation or user charges (2,171,955) Acquisition of capital assets to be financed from the proceeds of long-term liabilities Acquisition of capital assets to be recovered from transfers from reserves and reserve funds (695,715) Acquisition of capital assets to be financed from proceeds of disposition of property (7,097,703) 12 crawford smi~ ~;, swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 12. Municipal Fund Balances at the End of the Year - continued (c) Reserves and reserve fund balances 2002 $ Reserves set aside by council for specific purposes: Special purposes 11,000,675 Working capital 265,000 Watermain improvements 5,800 Metering program 42,763 Sewage capital Water capital Total Reserves 11,314,238 13 craw[ord smi~ ~, swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 12. Municipal Fund Balances at the End of the Year - continued (c) Reserves and reserve fund balances - continued 2002 $ Reserve Funds set aside by council for specific purposes: Licence agreements - 40 years 56,668 Sick leave liability 290,000 Greater Niagara Senior Citizen Association 18,059 Lundy's Lane Battlefield debt retirement 91,614 WSIB - Schedule II 358,091 Fire station #5 debt retirement 147,028 Niagara Falls Hydro Holding Corporation debenture 578,677 Recreation trail development 42,792 Capital/Operations 428,523 Tree planting - developers 8,981 Sale of John Allan Park 13,456 Park development 113,857 Sewer and water impost 993,291 Expansion and renewal 233,091 Drainage 472,307 Prepaid works projects contributions 1,894,578 Sidewalk construction 208,801 Future municipal works 617,003 Lot drainage 124,751 Library funds 554,529 Sanitary 296,483 Sports fund 4,098 Projects - special needs children 12,902 Parking 1,009,087 Collins/Toby debt retirement 60,265 Heritage Week Niagara Lund¥'s Lane business improvement purposes 184,317 Total Reserve Funds 8,813,249 Total Reserves and Reserve Funds 20,127,487 14 cr~wl'ord smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 12. Municipal Fund Balances at the End of the Year - continued (d) Niagara Falls Hydro Holding Corporation net equity 2002 $ Niagara Fails Hydro Holding Corporation net equity 57,753,620 13. Trust Funds Trust funds administered by the Municipality amounting to $ 2,128,584 ($ 2,024,560 - 2002) have not been included in the "Consolidated Statement of Financial Position" nor have their operations been included in the "Consolidated Statement of Financial Activities". 14. Contractual Obligations and Commitments Capital expenditures The estimated future capital expenditures based on projects in progress at December 31, 2003 is approximately $10,600,000 ($ 10,600,000 - 2002) after deducting the expenditures incurred as at December 31, 2003. These projects will be financed by grants, subsidies and long-term liabilities in futura years. Conununity Centre The Municipality is committed to contributing $15,000,000 towards the construction of a new Community Centre. The project is to be financed by contributions from several agencies in addition to grants provided by the Province of Ontario. As at the audit report date, a final memo of understanding has not been signed nor has there been notice given by the Province that a grant has been awarded. International Railway Bridge The Municipality, as a condition of the purchase of the CN/CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by May 2007. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN/CP prior to May 2007. The Municipality has arranged for a Line of Credit in the amount of $ 4,000,000 for this purpose. See note 8. 15 craw[oM smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 15. Financial Instruments Credit Risk The Municipality is exposed to credit risk on taxes receivable, user charges receivable, accounts receivable and long-term receivables from its customers. Allowances are maintained for the potential credit losses. However, because of the large number of customers, credit risk concentration is minimal. Cash Flow Risk The Municipality is exposed to the risk that the interest earned on its investments will fluctuate due to changes in market interest rates. The Municipality manages its investments based on its cash flow needs and with a view to optimizing its interest income. Interest Rate Risk The Municipality is exposed to the risk that the value of investments will fluctuate due to changes in market interest rates. The Municipality manages its investments based on its cash flow needs and with a view to optimizing its interest income. The balances for certain temporary loans and long-term debt bear interest at fixed rates. Consequently, the risk exposure associated with these balances is minimal. The balance for one temporary loan bearing interest at prime less 0.375% is exposed to the risk of changes in market interest rates. Market Risk Certain investments held by the Municipality are subject to the risk that the value will fluctuate as a result of changes in market prices, whether those changes are caused by factors specific to the individual security, its issuer, or factors affecting all securities traded in the market. Fair Value The fair value of the post-employment benefits, accumulated sick leave and WSIB - Schedule II future liability were determined using actuarial valuations based on the information presented in note 10 to the financial statements. Long-term debt is stated at face value. It is not practicable within the constraints of timeliness or cost to determine the fair value of this financial liability with sufficient reliability. The note receivable and long-term investment are stated at cost. It is not practicable within the constraints of timeliness or cost to determine the fair value of these financial assets with sufficient reliability. The fair values of the Municipality's other financial instruments corresponds to their carrying values due to their short-term maturity. 16 cramford smith ~ smalloa, THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2003 16. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: 2002 $ Niagara District Airport Commission 78,000 The Municipality's share of the net assets of the Niagara District Airpor~ Commission is approximately 32%. 17. Budget Figures The approved operating budget for 2003 is reflected on the "Schedule of Operating Fund Activities". These numbers have not been audited but are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project-oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected on their respective schedules. 18. Sewage Flow Error During the year, an error was discovered at the Regional Municipality of Niagara with respect to the amounts billed for sewage flows to the Corporation of the City of Niagara Falls, Ontario for the years 2000 through 2003. The total impact of this overbilling is $ 5,422,882. Council has yet to determine in which way this recovery will be disbursed. Therefore, the amount has been reflected in accounts receivable and accounts payable and accrued liabilities on the "Consolidated Statement of Financial Position". 19. Classification of Expenditures by Object The "Consolidated Statement of Financial Activities" presents the expenditures by function; the following classifies those same expenditures by object: 2002 $ Salaries, wages and employee benefits 33,984,596 Operating materials and supplies 18,459,961 Contracted services 24,402,862 Rents and financial expenses 1,130,361 External transfers to others 1,397,350 Tangible capital assets 12,411,656 Debt service 394i0D7 329,248 Total expenditures by object 92,116,034 17 craw[ord smith (~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2003 20. Contingent Liabilities The Municipality has been named as one of several defendants in a legal action seeking $ 20,000,000 for loss or damage to property and lost revenue. The Municipality's maximum insurance coverage per claim at the time of the suit was $15,000,000. The Municipality is also being sued for aggravated and punitive damages in the amount of $ 5,000,000. There is no insurance coverage for punitive damages. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. The Municipality has been named as one of several defendants in a legal action seeking $ 20,000,000 for general and special damages. The Municipality's maximum insurance coverage per claim at the time of the suit was $15,000,000. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. The Municipality has been named as one of several defendants in a legal action seeking $ 21,200,000 for general and special damages. The Municipality's maximum insurance coverage per claim at the time of the suit was $ 20,000,000. The Municipality's legaI counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. No provision for possible loss has been included in these consolidated financial statements. As at December 31, 2003, the Municipality has certain other legal claims outstanding. It is management's assertion that adequate insurance coverages are in effect for the settlement of these claims, if necessary. 21. Change in Accounting policies Effective January 1, 2002, the Municipality retroactively restated the prior year figures to classify certain Reserve Funds previously reflected as Deferred Revenue - Obligatory Reserve Funds to Reserve Funds. Prior As Restated $ $ Liabilities Deferred revenue - obligatory reserve funds 20,222,262 15,637,278 Municipal Position Reserve and reserve funds 15,542,503 20,127,487 Consolidated Revenues Contributions from developers 142,346 414,378 Investment income 1,573,990 1,784,259 Other income 3,558,419 3,727,905 18 craw[ord smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31,2003 22. Comparative Figures Certain figures have been reclassified to conform with the current year's presentation. In addition, comparative figures for expenditures as presented in the Schedule of Operating Expenditures may not be comparable with the current year's presentation due to a change in the aggregation of accounts. It was not possible to accurately reclass the prior year figures to conform with the current year's presentation. 19 crawl'oM smi~ ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF OPERATING FUND ACTIVITIES for the year ended December 31, 2003 Budget 2002 $ $ Revenues Taxation 45,373,091 43,843,851 User fees and charges 42,127,583 38,472,175 Government of Canada grants 3,300 40,480 Province of Ontario grants 2,636,100 3,077,115 Other municipal grants 35,475 Provincial Offences Act 240,000 264,636 Interest and penalties 1,930,000 2,318,447 Investment income 1,820,000 1,353,470 Casino and gaming revenues 2,600,000 2,600,000 Other 198,200 96,928,274 94,247,580 Expenditures General government 12,016,080 9,965,855 Protection to persons and property 11,149,173 10,406,675 Transportation services 24,780,056 20,148,768 Environmental services 28,254,745 26,004,171 Health services 1,266,611 1,262,633 Social and family services Recreation and cultural services 9,473,821 9,920,522 Planning and development 1,996,624 754 88,937,110 79,704,378 Net Revenues 7,991,164 14,543,202 Financing and Transfers Debt principal repayments (996,820) (929,955) Post-employment benefits 364,437 Transfers from (to) reserves and reserve funds 644,556 (4,595,148) Transfers to capital fund (' Net financing and transfers (7,991,164) (I 4,021,537) Change in Operating Fund 521,665 Operating Fund, Beginning of Year 2,308,610 5,945 Operating Fund, End of Year 2,308,610 2,308,610 See accompanying notes 20 cmw[ord smith ~ sumllow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF CAPITAL FUND ACTIVITIES for the year ended December 31, 2003 2002 $ Revenues Canada grants 5,000 Province of Ontario 1,091,054 Other 1,312~587 2,408,641 Expenditures General govemment 311,480 Protection to persons and property 431,330 Transportation services 2,021,407 Environmental services 7,833,007 Health services 105,332 Recreation and cultural services 1,622,992 Planning and development 86,108 12,411,656 Net Expenditures (10,003,015) Financing and Transfers Long-term debt issued 2,897,029 Transfers from operating fund 8,860,871 Transfers from reserves and reserve funds 1,691,082 Net financing and transfers 13,448,982 Change in Capital Fund 3,445,967 Capital Funds Beginning of Year Capital Fund, End of Year (7,097,703) See accompanying notes 21 crawl'o_rd smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF RESERVES AND RESERVE FUNDS for the year ended December 31, 2003 2002 $ Revenues Contributions from Obligatory Reserve Funds 414,378 Investment income 430,789 Other 173,387 1,018,554 Financing and Transfers Transfers to capital fund (1,691,082) Transfers from operating fund 148 Net financing and transfers 2,904,066 Change in Reserves and Reserve Funds 3,922,620 Reserves and Reserve Funds, Beginning of Year 867 Reserves and Reserve Funds, End of Year 20,127,487 See accompanying notes 22 craw[ord smi~ ~ swallow 4741 Ouean SIreet Niagara Fails, Ontario Telephone (905) 356-4200 Telecop(er (905) 356-3410 Niagara Fails. Ontario AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of The Corporation of the City of Niagara Falls, Ontario We have audited the statement of financial position of the trust funds of The Corporation of the City of Niagara Falls, Ontario as at December 31, 2003 and the statement of financial activities and changes in fund balances for the year then ended. These financial statements are the responsibility of the city's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free 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 management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the trust funds of the city as at December 31, 2003 and the continuity of trust funds for year then ended in accordance with Canadian generally accepted accounting principles. Niagara Falls, Ontario August 20, 2004 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP 23 THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31, 2003 Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ Assets Cash 253,288 15,097 188,503 49,688 Investments - note 2 Federal 909,147 909,147 Provincial 113,992 113,992 Corporate 862,988 861,788 1,200 1,886,127 1,884,927 1,200 GST receivable 115 115 Loans receivable - note 3 12,949 12,949 2,152,479 28,046 2,073,545 50,888 Liabilities Due to (from) operating fund 23,895 531 23,007 357 Fund Balances 2,128,584 27,515 2,050,538 50~531 2,152,479 28,046 2,073,545 50,888 See accompanying notes 24 crawFord smi~ ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2003 Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ Balance, Beginning of Year 2,024,560 26,830 1,940,285 57,445 Receipts Cemetery lot receipts 110,359 110,359 Interest 136,481 1,216 133,145 2,120 Land sale deposits 15~805 15~805 262,645 1,216 243,504 17,925 Expenditures Cemetery Care 134,297 133,251 1,046 Loan repayments to Province of Ontario 531 531 Transfer to operating fired 23,793 23,793 158,621 531 133,251 24,839 Balance, End of Year 2,128,584 27,515 2,050,538 50,531 See accompanying notes 25 craw[ord smith ~ swallow THE CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2003 1. Basis of Accounting Basis of accounting Receipts and disbursements on the statement o£ continuity are reported on the cash basis of accounting, with the exception of revenue derived from cemetery lot sales due to the Cemetery Perpetual Care Fund which has been accrued at year end. 2. Investments Trust fund investments of $1,886,127 ($1,771,740 - 2002) are recorded on the "Statement of Financial Position" at the lower of cost and market. 3. Ontario Home Renewal Program The Ontario Home Renewal Program was established by the Ontario Ministry of Housing in 1973 to provide grants for municipalities to make loans to assist owner occupants to repair, rehabilitate and improve their homes to local property standards. Individual loans are limited to $ 7,500 of which the maximum forgivable portion is $ 4,000. On July 13, 1993, the Ontario Home Renewal Program was discontinued. The municipality ceased issuing new loans as of this date and is required to remit the balance of the trust account to the Ontario Ministry of Housing by March 1, 1994. Loan receivables collected in each subsequent calendar year after 1993 must be remitted to the Province by March 1st of each year. In the event of the sale or lease of the home or in the event of the homeowner ceasing to occupy the home, the balances of the repayable loans and the unearned forgivable loan immediately become due and payable by the homeowner. 4. Financial Instruments Interest Rate Risk The City's trust funds are exposed to the risk that the value of investments will fluctuate due to the changes in market interest rates. The City manages its trust fund investments based on its cash flow needs and with a view to optimizing its interest income. Market Risk Certain investments within the City's trust funds are subject to the risk that the value will fluctuate as a result of changes in market prices whether those changes are caused by factors specific to the individual security or its issuer or factors affecting all securities traded in the market. 26 crawford smi~ 6~, swallow Corporate Services Department F-2004-57 Finance Division Kenneth E. Burden 4310 Queen Street Director The City of P.O. Box 1023 NJQgQro FallslJ~' NiagaraFaHs, ON L2E6X5 Can~~i~,~ web site: v~Nw.city.niagarafalls.on.ca ~-~ Tel: (905) 356-7521 Fax: (905) 356-0759 E-mail: afelicetti@city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Re: F-2004-57 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal.4ct, 2001 RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. BACKGROUND: Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. Prepared by: Approved by: A. Felicetti T. Ravenda Manager of Revenue Executive Director of Corporate Services Recommended by: Respectfully submitted by: K.E. Burden ~f~- John MacDonald Director of Finance ~' Chief Administrative Officer Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems Legal Planning & Development APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (t) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. AppL# I/ NarneandAddmssofApplicant ~axafio, ReasonforApplicafion ,Year, II ReductiOnAmount 2003-80 Orsini Bros Inns Inc, 6309 Fallsview Bird, Niagara Falls, ON L2G 3V6 2003 Ceased to be liable to be taxed at rate it ~Nes taxed $352.07 2003-94 Joseph Colautti, 12330 Willodell Rd, Niagara Falls, ON L3B 5N4 2003 Damaged by fire, demolition or otherwise $60.97 2003-99 Clancy Fitzgerald Pabick, 6384 Wendy Dr, Niagara Falls, ON 1_2G 3H6 2003 Damaged by fire, demolition or otherwise $15.21 2003-103 Joseph Dilollo, 6025 Eldorado Ave, Niagara Falls, ON L2H 1S5 2003 Damaged by fire, demolition or otherwise $747.76 2003-t07 Midtown Bowling Niagara Limited, c/o 3490 Cardinal Dr, Niagara Falls, ON L2.H 2X3 2003 Razed by fire, demolition or otherwise $7,266.66 2003-118 Frederick James Dooliffie, c/o BDO Dunwoody Limited, 151 Randall St, Oakville, ON L6J 1P5 2003 Razed by fire, demolition or otherwise .... $1,388.22 2003-134 ! Nialund Properties Limited, t/a Pet Valu Ince, 121 McPherson St, Markham, ON L3R 3L3 2003 Gross or manifest clerical error $896.04 2003-135 Kenneth Manasseh Maynard, 4298 Brookdale Dr, Niagara Falls, ON L2H 3C1 2003 Gross or manifest clerical error $1,167.13 [I._2003-136 Wayne & Cher~ Meger, 7140 Woodington Rd, Niagara Fa~ls, ON L2J 2C3 2003 Gross or manifest clerical error $51.42 2003-136B i Wayne & Cheryl Meger, 7140 Woodington Rd, Niagara Falls, ON L2J 2C3 2002 Gross or manifest clerical error $215.69 2003-136A !Wayne & Che~ Meger, 7140 Woodington Rd Niagara Fails, ON L2J 2C3 2001 Gross or manifest clerical error $52.76 2003-137 i Walker-Diggon Investments Ltd, 6167 Don Mude, Niagara Falls, ON L2E 6X8 2003 Ceased to be liable to be taxed at rate it was taxed $0.0(~ 2004-2 ! Charles Figueroa, 4768 Park St, Niagara Falls, ON L2E 2R1 2004 Damaged by fire, demolition or otherwise I $806.13 2004-3 486664 Ontario Limited, 4415 Buttrey St, Niagara Falls, ON 1.2.E 2X2. 2004 Ceased to be liable to be taxed at rate it was taxed $17,829.56 2004-3B 486664 Ontario Limited, 4415 Buttrey St, Niagara Falls, ON L2.E 2X2 2003 Ceased to be liable to be taxed at rate it was ta~'ed $364.89 2004-4 1397878 Ontarta Limited, 56 Golden Blvd, St. Catharines, ON L2N 7M7 2002 Damaged by fire, demolition or otherwise $1,525.10 2004-5 Shannon Huffman, m/a 4086 Kalar Rd, Niagara Falls, ON L2H lS6 2004 Damaged by fire, demolition or otherwise $509.01 2004-5B Shannon Huffman, n~a 4086 Kalar Rd, Niagara Falls, ON L2H lS6 2003 Damaged by fire, demolition or otherwise $428.46 2004-5A Shannon Huffman, m/a 4086 Kalar Rd, Niagara Falls, ON L2H 1S6 2002 Damaged by fire, demolition or otherwise $593.09 2004-6 Delbert & Georgina Ostertag, 4730 Fourth Ave, Niagara Falls, ON L2E 4N8 2004 Damaged by fire, demolition or otherwise $114.94 2004-7 Janet Katherine Beresh & Valerie Gnys, 4700 St Clair Ave, Niagara Falls, ON L2E 3S8 2004 Damaged by fire, demolition or otherwise $0.00 --2004-9 Niagara Regional Municipality, PO Box 1042, Stn Main, Thorold, ON L2V 4T7 2004 Damaged by fire, demolition or otherwise $0.00 2004-1~' Regional Municipality of Nia_gara The, PO Box 1042, Thorold, ON L2V 4T7 2004 Became exempt $2,147.41 2004-12 Niagara Regional Municipality, PO Box 1042, Stn Main, Thorold, ON 1_2V 4T7 2004 Damaged by fire, demolition or otherwise $0 {30 2004-13 Oakes Drive Motel Limited, Fa The Oakes Inn Fallsview, 6546 Fallsview Blvd, NFO L2G 3W2 2004 Repairs/renovations for a period of 3 months ~ $5.00 i~004-1~ Jacqueline Watson, 6279 Emma St, Niagara Falls, ON L2J 4H2 2004 Gross or manifest clerical error $3,067.18 2004~6 City of Niagara Fall~Nia~~ L2E 6X5 2004 Became exempt $1,740.~ ~2004-17 ! O K Gdt Shop Ltd, 6683 Oakes Dr, Niagara Fa~ls, ON L2G 7G1 2004 Damaged by fire, demolition or otherwise $1,206.84 2004-18 District School Board of Niagara, 191 Cadton St, St Catharines, ON L2R 7P4 2004 Became exempt I 2004-19 Niagara Union Property Development Inc, c/o 5627 Main St, Niagara Falls, ON L2G 5Z3 2004 Ceased to be liabte to be taxed at rate it was taxed L 2004-20 Francis Patterson Limited, 6062 Main St, Niagara Falls, ON L2.G 5Z9 2004 Damaged by fire, demolition or otherwise I 2004-~){ I F Propco Holdings (Ontario) 48 Ltd, 83 Campbell Ave E, PO Box 487, Campbellville, ON LOP lB0 2004 Damaged by fire, demolition or otherwise ~:~ /.~/h~]$1,732.60. 2004-21B I F Propco Holdings (Ontario) 48 Ltd, 83 Campbell Ave E, PO Box 487, Campbellville, ON LOP lB0 2003 Damaged by fire, demolition or otherwise 2004-22 I F Propco Holdings (Ontario) 48 Ltd, 83 Campbell Ave E, PO Box 487, Campbellville, ON LOP lB0 I 2004 Damaged by fire, demolition or otherwise 2004-22B I F Propco Holdings (Ontario) 48 Ltd, 83 Campbell Ave E, PO Box 487, Campbellville, ON LOP lB0 ! 2003 Damaged by fire, demolition or otherwise i ($452.2~ 2004-23 I F Propco Holdings (Ontario) 48 Ltd, 83 Campbell Ave E, PO Box 487, Campbellville, ON LOP lB0 2004 Damaged by fire, demolition or otherwise -~004-23B ~ Holdings (Ontario) 48 Ltd, 83 Campbell Ave E, PO Box 487, Campbe[Iville, ON LOP lB0 2003 Damaged by tire, demolition or otherwise ~~____121~O~rio Inc, PO Box 341, St David'sl ON LOS ....... 1P0 2004 Damaged by fire, demolition or otherwise $572.71 Page 1 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (t) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this applicetion is in accordance with her/his records. AppI.# /I Na. aedAdd.ssofApplicant Reason ,or Applice on [I Beduc on ~Year ! ._~I Amount 2004-26 488_745~Ontario Limited, 6083 Andrea Dr, Niagara Falls, ON L2H 2Z8 2004 Became exempt - I $820.98 2004-~27 488745 Ontario Limited, 6083 Andrea Dr, Niagara Falls, ON L2.H 2Z8 2004 Became exempt I $820.98 2004-28 488745 Ontario Limited, 6083 Andrea Dr, Niagara Falls, ON L2H 2Z8 2004 Became exempt $262.71 2004-29 Able Printing Inc, 7156 Durmmond Rd, Niagara Falls, ON L2G 4P6 2004 Became exempt $3,404.66 2004-30 Disante Management Ltd, 6653 Jupiter Bivd, Niagara Falls, ON L2J 3X3 2004 Damaged by fire, demolition or otherwise $718.66 2004-31 Beaver Valley Realty Ltd, 5652 Main St, Niagara Falls, ON L2G 5Z4 2004 Became exempt $435.12 2004-22 Joseph Dilollo, 6025 Eldorado Ave, Niagara Fails, ON L2H lS5 2004 Damaged by fire, demolition or otherwise $1,403.87 2004-34 Niagara Falls City, 4310 Queen St, PO Box 1023, Niagara Faits, ON L2E 6X5 2004 Became exempt__ $886.66 2004-36 Jane Murphy, 7000 Windsor Cres, Niagara Falls, ON !-2G 1G1 2004 Damaged by fire, demolition or otherwise $O.00 2004-36B Jane Murphy, 7000 Windsor Cres, Niagara Falls, ON L2G 1G1 2003 Damaged by fire, demolition or otherwise $43.67 2004-37 851910 Ontario Limited, 6167 Don Murie St, Niagara Falls, ON L2E 6X6 2004 Ceased to be liable to be taxed at rate it was taxed $5,388.92 2004-37B 851910 Ontario Limited, 6167 Don Murie St, Niagara Falls, ON L2E 6X6 2003 Ceased to be liable to be taxed at rate it was taxed $1,865.01 200~4-39 Tan~lewood Properties Ltd, 4605 Kent Ave, Niagara Falls, ON L2H 1 J3 2004 Gross or manifest clerical error $I 03,000.40 ~2004-41 Leslie Louis Stewart, 3406 Shed( Rd, Niagara Falls, ON 1_2E 6S6 2004 Damaged by fire, demolition or otherwise : $86.28 2004-42 Mrs. toanna Marianos, 5953 Corwin Ave, Niagara Falls, ON L2G 5L3 2004 Damaged by fire, demolition or otherwise $114.94 2004-43 Erynall Holdin_g_s. Limited, 8411 Mclntyre Rd NW, Edmonton, AB (letter to Al Cunningham at property) 2004 Ceased to be liable to be taxed at rate it was taxed, $O.00 2004~3B Ery~_all Holdings Limited, 8411 Mclntyre Rd NW, Edmonton, AB (letter to Al Cunningham at property) 2003 Ceased to be liable to be taxed at rate it was taxed: $0.00 2004~3A Er)mall Holdings Limited, 8411 Molntyre Rd NW, Edmonton, AB (letter tn Al Cunningham at property) 2002 Ceased to be liable to be taxed at rate it was taxed $O.00 200~. ~.a. Niagara 21 st Group tac, 5950 Victoria Ave, Niagara Falls, ON L2G 3L7 2004 Damaged by fire, demolition or otherwise $739.56 2004-46 Delbert & G_eor.gina Ostertag, 4730 Fourth Ave, Niagara Falls, ON L2E 4N8 2004 Damaged by fire, demolition or otherwise_ dup $0.00 2004-54 Able Printing Inc, 7156 Drummond Rd, Niagara Falls, ON L2G 4P6 2004 Ceased to be liable to be taxed at rate it was taxed dup $0.00 2004-55 Joanne Dixon, 8240 Westwead St, Niagara Falls, ON L2H 1 Y4 2004 Damaged by fire, demolition or otherwise $82.10 2004-56 Kohilavanee Ramanathah, 5519 Heatherleigh Ave, Mississauga, ON L5V 2K7 2004 Damaged by fire, demolition or otherwise I $743.60 2004-57 Willi Helmut Praxl, 7760 Hwy 20, RR 1, Smithville, ON L0R 2A0 2004 Gross or manifest cJerical error I $2,690.99 2004-58 James & Ethel Shaw, 7972 Sarah St, Niagara Fails, ON L2G 6T5 2004 Damaged by fire, demolition or otherwise ~ $114.94 -- I $166,749.73 APPROVED this 1st day of NOVEMBER ,2004 REPORT NO. F-2004-57 TED SALCl, MAYOR DEAN IORFIDA, CITY CLERK [*Any individual items not approved must be shuck out and initialed.] Page 2 Corporate Services Department F-2004-58 T ..... ,,~, Finance Division Kenneth E. Burden ne (JITy 01'.--~rJl~ 4310 Queen Street Director Niagara Canada ~~'Niagara Falls, ON L2E 6X5 TI~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-58 - Municipal Aeconnts RECOMMENDATION: That Council approve the municipal accounts totaling $31,916,966.87 for the period September 22, 2004, to October 19, 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. Recomanended by: Respectfully submitted: E. Burden -~/XF'"John MacDonald K. Director of Finance q"~ 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 CITY OF NIAGARA FALLS ~10Cit~01 ~ AP5200 Page : I M U N ICI PAL ACCOUNTS N gom ls Jljl Supplier Name Cheque No Cheque Date Purpose Amount 105.1 THE PJVER 287151 05-Oct-2004 ADMINISTRATIVE 223.63 1174757 ONTARIO INC 287152 05-Oct-2004 REFUND 5,467.59 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULITNG 287294 12-Oct-2004 CONSULTING SERVICES 39,991.87 464586 ONTARIO LTD O/A LITE BROS LTD 287295 12-Oct-2004 MA/ER[ALS 45.43 504802 ONTARIO INC O/A 3C3 CONTRACTING 287451 19-Oct-2004 CONTRACT SERVICES 5,332.29 642356 ONTARIO LTD-SUPER SUBMARINE 287296 12-Oct-2004 REFUND 1,050.00 752534 ONIAR[O LTD 287017 28-Sep-2004 REFUND 750.00 942352 ONIAR[O LIMITED O/A BRISK ALL GLASS ~ SAFETY SI 287297 12-Oct-2004 MATER[ALS 1,128.69 984265 ONTAPJO LTD AKA CIRCLE P PAVING 287452 19-Oct-2004 CONTRACT SERVICES 128,472.84 A 3 STONE COMPANY LTD 287301 12-Oct-2004 MATEPJALS 1,853.64 ACCESS MEDICAL 287018 28-Sep-2004 MATERIALS 369.15 ACRES INTERNATIONAL LTD 287154 05-Oct-2004 CONSULTING SERVICES 12,709.36 ACTION CORPORATION 287298 12-Oct-2004 CONIRACT SERVICES 1,305.96 ADT SECURITY SERVICES CANADA INC 287019 28-Sep-2004 CONTRACT SERVICES 83.59 ADVANCE TOWING 287020 28-Sep-2004 CONTRACT SERVICES 214.00 ADVANCE TOWING 287155 05-Oct-2004 CONTRACT SERVICES 64.20 ADVANCE TOWING 287299 12-Oct-2004 CONTRACT SERVICES 64.20 AGNOLETTO,TAMMY 287156 05-Oct-2004 ADMINISTRATIVE 52.37 MR CARE SERVICES 287157 05-Oct-2004 MAINTENANCE AND REPAIRS 2,129.88 AIR CARE SERVICES 287300 12-Oct-2004 MAINTENANCE AND REPAIRS 452.45 ALBANESE, LOR[ 287158 05-Oct-2004 ADMINISTRATIVE 143.20 ALERT CARPET CLEANING NIAGARA 287453 19-Oct-2004 MAINTENANCE AND REPAIRS 165.85 ALFIDOME CONSTRUCT/ON 287454 19-Oct-2004 CONTRACT SERVICES 191,602.98 ALL GREEN IRRIGATION 287159 05-Oct-2004 MAINTENANCE AND REPAIRS 1,096.75 ALL STAR FIRE PROTECTION SERVICES INC 287021 28-Sep-2004 MATERIALS 37.38 ALLIED MEDICAL INSTRUMENTS 287302 12-Oct-2004 MATERIALS 254.61 ANGER,3EFFREY 287160 05-Oct-2004 REFUND 91.97 ANNEX PUB & PRINTING INC BOOK DIVISION 287303 12-Oct-2004 MATERIALS 2,334.93 ANTONIO,CHUCK 287455 19-Oct-2004 ADMINISTRATIVE 49.60 AQUICON CONSTRUCTION CO LTD 287022 28-Sep-2004 CONTRACT SERVICES 754,323.93 AQUICON CONSTRUCTION CO LTD 287456 19-Oct-2004 CONTRACT SERVICES 1,540,540.84 ARAMARK REFRESHMENT SERVICES 287457 19-Oct-2004 SUPPLIES 168.97 ARCHER TRUCK CENTRE WELLAND LTD 287304 12-Oct-2004 MATER[ALS 2,052.41 ARCHER TRUCK SERVICES LTD 287023 28-Sep-2004 MATERIALS 2,039.03 ARCHER TRUCK SERVICES LTD 287161 05-Oct-2004 MATERIALS 30.87 ARCHERTRUCK SERVICES LTD 287458 19-Oct-2004 MATERIALS 442.51 ASTORINO, DOMINICO&ASTOR[NO, THERESA 287459 19-Oct-2004 REFUND 781.50 AUTODESK INC 287460 19-Oct-2004 CONTRACT SERVICES 9,225.62 AUTOGRAPHIX 287162 05-Oct-2004 MATERIALS 409.40 AVENUE ROOTS 287163 05-Oct-2004 CONTRACT SERVICES 5,949.84 BAKER,WILLIAM 287461 19-Oct-2004 REFUND 125.00 BARCLAY & TODD'S 287462 19-Oct-2004 SUPPLIES 210.62 BATEMAN,DOLORES 287164 05-Oct-2004 ADMINISTRATIVE 84.00 BATFLEFIELD EQUIPMENT RENTALS 287305 12-Oct-2004 MATERIALS 413.90 BCE EMERGIS INC 287024 28-Sep-2004 UTILITIES 76.00 8CE EMERGIS INC 287306 12-Oct-2004 UTILITIES 258.88 BELL CANADA 287165 05-Oct-2004 UTILITIES 75.25 BELL CANADA 287307 12-Oct-2004 UTILITIES 51.98 BELL CANADA 287308 12-Oct-2004 UTILITIES S7.50 BELL CANADA 287464 19-Oct-2004 UTILIqqES 57.50 BELL CANADA 287465 19-Oct-2004 UTILITIES 418.66 BELL CANADA 287466 19-Oct-2004 UTILITIES 11,496.51 BELL MOBILITY 287025 28-Sep-2004 UTILITIES 281.37 BELL MOBILrrY 287309 12-Oct-2004 UTILITIES 185.91 BELLANTINO,VINCENT 287463 19-Oct-2004 REFUND 20.00 BELLEFONTAIN E, MARGARET 287166 05-Oct-2004 ADMINISTRATIVE 72.00 BETTY'S RESTAURANT 287467 19-Oct-2004 MATER[ALS 260.00 BICKLE MAIN INDUSTRIAL SUPPLY 287468 19-Oct-2004 MATER[ALS 34.50 BiTNER,LAURIE 287026 28-Sep-2004 ADMINISTRATIVE 132.15 CTTY OF NIAGARA FALLS ~leCi~o[ J~ AP5200 Page: 2 MUNICIPAL ACCOUNTS Supplier Name Cheque NO Cheque Date Purpose Amount BLODGEI~-,1OH N 287167 05-Oct-2004 REFUND 125.O0 BLP BRONZE INTERN LTD 287310 12-Oct-2004 HATERIALS 533.88 BODKIN LEASING 287311 12-Oct-2004 ADHINISTRATIVE 435.83 BOLIBRUCK, BOB 287168 05-0ct-2004 ADMINISTRATIVE 523.81 BOLIBRUCK, BOB 287312 12-Oct-2004 REFUND 114.99 BORDEN LADNERGERVAIS 287169 05-Oct-2004 CONSULTING SERVICES 2,197.02 BOYLE,T 287170 05-Oct-2004 MAINTENANCE AND REPAIRS 100.00 BOYS & GIRLS CLUB OF NIAGARA 287469 19-Oct-2004 GRANT 18,577.38 BRIAN SINCLAIR IN TRUST 287313 12-Oct-2004 REFUND 3,177.70 BRINKS CANADA LTD 287027 28-5ep-2004 CONTRACT SERVICES 864.37 BRINKS CANADA LTD 287470 19-Oct-2004 CONTRACT SERVICES 845.27 BRITISH AUTO SUPPLY 287171 05-Oct-2004 MATERIALS 588.49 BRITISH AUTO SUPPLY 287314 12-Oct-2004 MATERIALS 163.44 BRITISH AUTO SUPPLY 287471 19-Oct-2004 MATERIALS 217.81 BUND, PAULA 287472 19-Oct-2004 CONSULTING SERVICES 3,996.45 BUNTIN REID 287029 28-Sep-2004 SUPPLiES 178.38 BUNTIN REID 287172 05-Oct-2004 SUPPLIES 224.03 BUNTIN REID 287315 12-0Ct-2004 MATERIALS 104.27 BUNTIN REID 287473 19-Oct-2004 MATERIALS 81.55 BURKE, PATRICK 287173 05-Oct-2004 MATERIALS 136.87 BURKE, PATRICK 287474 19-Oct-2004 MATERIALS 156.66 BURLEY, RON 287030 28-Sep-2004 ADMINISTRATIVE 16.00 BLITERA,ALDO 287031 28-Sep-2004 REFUND 40.00 C N WATSON AND ASSOCIATES LTD 287329 12-Oct-2004 CONSULTING SERVICES 1,838.47 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 287053 28-Sep-2004 CONTRACT SERVICES 12,238.66 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 287492 19-Oct-2004 CONTRACT SERVICES 14,291.78 CANADIAN DOOR DOCTOR 287032 28-Sep-2004 MAINTENANCE AND REPAIRS 192.60 CANADIAN DOOR DOCTOR 287174 05-Oct-2004 MAINTENANCE AND REPAIRS 375.84 CANADIAN NATIONAL 287033 28-Sep-20C4 CONTRACT SERVICES 2,973.00 CANADIAN PACIFIC RAILWAY CO 287034 28-Sep-2004 CONTRACT SERVICES 877.35 CANADIAN PACIFIC RAILWAY CO 287318 12-Oct-2004 CONTRACT SERVICES 877.35 CANADIAN PORTABLE SERVICES 287475 19-Oct-2004 CONTRACT SERVICES 1,436.48 CANADIAN SAFETY EQUIPMENT INC 287319 12-Oct-2004 EQUIPMENT 13,064.00 CANCORD INC 287316 12-Oct-2004 MATERIALS 4,529.96 CANTEC SECURITY SERVICES 287476 19-Oct-2004 CONTRACT SERVICES 4,265.45 CAPITANO, ROB 287477 19-Oct-2004 ADMINISTRATIVE 74.59 CAPORICCI,GUY 287035 28-Sep-2004 REMIT~'ANCE 45.00 CARL BRAY & ASSOC LTD 287036 28-Sep-2004 CONSULTING SERVICES 775.75 CARL BRAY & ASSOC LTD 287478 19-Oct-2004 CONSULTING SERVICES 2,391.30 CARSWELL 287037 28-Sep-2004 MATERIALS 371.04 CAP, SWELL 287320 12-Oct-2004 MATERIALS 402.99 CARTER CAR & TRUCK RENTALS 287038 28-Sep-2004 LEASES AND RENTS 723.35 CCS TRANSPORTATION SAFETY 287479 19-Oct-2004 ADMINISTRATIVE 133.75 CENTENNIAL CONSTRUCTION 287175 0S-Oct-2004 CONTRACT SERVICES 5,000.00 CENTENNIAL CONSTRUCTION 287322 12-Oct-2004 CONTRACT SERVICES 226,305.34 CENTURY VALLEN 287323 12-Oct-2004 MATERIALS 171.32 CERIDIAN LIFEWORKS SERVICES 287039 28-Sep-2004 CONTRACT SERVICES 2,253.42 CH2M HILL CANADA LTD 287176 05-Oct-2004 CONSULTING SERVICES 527~51 CHAMBERS WATER HAULAGE INC 287324 12-Oct-2004 MATERIALS 38.00 CHARLES ]ONES INDUSTRIAL LTD 287040 28-Sep-2004 MATERIALS 538.47 CHARLES ]ONES INDUSTRIAL LTD 287177 05-Oct-2004 MATERIALS 343.31 CHARLES JONES INDUSTRIAL LTD 287325 12-Oct-2004 MATERIALS 100.04 CHARLES JONES INDUSTRIAL LTD 287481 19-Oct-2004 MATERIALS 515.74 CHIPPAWA AUTOBODY LTD 287041 28-Sep-2004 MAINTENANCE AND REPAIRS 831.45 CIBC TELEPHONE PAYMENTS 287178 05-Oct-2004 REFUND 627.00 CIBCTELEPHONE PAYMENTS 287179 05-Oct-2004 REFUND 2,159.25 CIBCTELEPHONE PAYMENTS 287326 12-Oct-2004 REFUND 722.35 C~F FINANCIAL LTD 287482 19-Oct-2004 LEASES AND RENTS 108.58 CITICORP VENDOR FINANCE LTD 287483 19-Oct-2004 LEASES AND RENTS 4,347.00 CZTY OF NZAGARA FALLS 11leCtor j~ AP5200 Page : 3 MUNICIPAL ACCOUNTS Niagara F~II~. Supplier Name Cheque No Cheque Date Purpose Amount CTTY OF NIAGARA FALLS 287042 28-Sep-2004 REMt-CI'ANCE 31,573.93 CITY OF NIAGARA FALLS 287180 05~Oct-2004 ADMINISTRATIVE 1,547.00 CITY OF NIAGARA FALLS 287181 05-Oct-2004 MATERIALS 117,565.31 CITY OF NIAGARA FALLS 287484 19-Oct-2004 ADMINISTRATIVE 1,296.30 CITY OF pETERBOROUGH 287043 28-Sep-2004 REM[n-ANCE 8,000.00 CTTY OF PORT COLBORNE FINANCE DEPARTMENT 287182 05-Oct-2004 REMT~-ANCE 369.16 CLASS A FIRE · RESCUE 287327 12-Oct-2004 MATERIALS 701.98 CLAYDON,3EFF 287328 12-Oct-2004 ADMINISTRATIVE 107.60 CLUB ]TALIA LADIES AUX]LIARY 287044 28-Sep-2004 REFUND 30.00 CODE 4 FIRE & RESCUE INC 287045 28-5ep-2004 MATERIALS 4,050.30 CODE 4 FIRE & RESCUE INC 287330 12-Oct-2004 EQUIPMENT 11,229.65 COGECO CABLE CANADA INC 287046 28-Sep-2004 UTILITIES 147.09 CC)GECO CABLE CANADA INC 287183 05-Oct-2004 UTILITIES 203.15 COGECO CABLE CANADA INC 287331 12-Oct-2004 UTILt-~ES 371.60 COGECO CABLE CANADA INC 287485 19-Oct-2004 UTILITIES 61.50 COLLINSON,3ACK 287486 19-Oct-2004 ADMINISTRATIVE 45.20 COMMISSIONAIRES 287048 28-Sep-2004 CONTRACT SERVICES 2,074.88 COMMISSIONAIRES 287184 05-Oct-2004 CONTRACT SERVICES 31,080.99 COMMISSIONAIRES 287488 19-Oct-2004 CONTRACT SERVICES 17,162.47 CONNELL,.]ACQUELINE 287049 28-Sep-2004 REFUND 750.00 COPYMAN PRINTSHOP 287185 05-Oct-2004 SUPPLIES 25.88 COPYMAN PRINTSHOP 287332 12-Oct-2004 SUPPLIES 220.80 CORSINI,GUY 287050 28-Sep-2004 ADMINISTRATIVE 177.60 CORSINI,GUY 287489 19-0ct-2004 ADMINISTRATIVE 360.40 COSTELLO, BRIAN 287186 05-Oct-2004 ADMINISTRATIVE 369.20 Co'crON INC 287051 28-Sep-2004 MATERIALS 2,113.20 CRAWFORD,SOPH[E 287335 12-Oct-2004 REFUND 750.00 CRAWFORD AD3USTERS CANADA INCORP 287052 28-Sep-2004 ADMINISTRATIVE 5,096.00 CRAWFORD AD3USTERS CANADA INCORP 287187 05-Oct-2004 ADMINISTRATIVE 1,269.10 CRAWFORD AD3USTERS CANADA INCORP 287333 12-Oct-2004 ADMINISTRATIVE 4,170.00 CRAWFORD AD3USTERS CANADA INCORP 287490 19-Oct-2004 REMITTANCE 3,851.40 CRAWPORD SMI1-H & SWALLOW 287334 12-Oct-2004 ADMINISTRATIVE 38,359.50 CREDIT UNION OF CENTRAL ONTARIO 287188 05-Oct-2004 REFUND 743.00 CUPE LOCAL 133 287054 28-5ep-20C4 REMI-[TANCE 3,179.64 CUPE LOCAL 133 287189 05-Oct-2004 REMI'I-FANCE 3,101.68 CUPE LOCAL 133 287337 12-Oct-2004 REMI'n-ANCE 3,262.69 CUPE LOCAL 133 287493 19-Oct-2004 REMrl'TANCE 3,284.43 CYRIL B SMITH ELECTRIC LIMITED 287190 05-Oct-2004 CONTRACT SERVICES 40,957.65 D M HOME IMPROVEMENTS 287063 28-Sep-2004 REFUND 750.00 D'AM[CO, DOMENIC 287338 12-Oct-2004 REFUND 750.00 D. PEARLMAN & ASSOCIATES 287410 12-Oct-2004 REMrI-FANCE 347.75 DAI 7ELL, MAISIE 287495 19-Oct-2004 REMITTANCE 284.62 DANYS[UK,PETER& DANYSIUK, GLORIA 287496 19-Oct-2004 REFUND 860.00 DE LA RUE CASH SYSTEMS INC 287056 28-Sep-2004 MATERIALS 89.76 DECARIA,ALEX 287339 12-Oct-2004 REFUND 125.00 DECARIA,RON 287055 28-Sep-2004 UlqLrTIES 79.49 DEGIULI,NAT 287340 12-Oct-2004 REFUND 103.48 OELCAN CORPORAITON 287341 12-Oct-2004 CONTRACT SERVICES 59,563.84 DELL COMPUTER CORPORATION 287342 12-Oct-2004 EQUIPMENT 15,350.97 DELL COMPUTER CORPORATION 287497 19-Oct-2004 EQUIPMENT 7,771.70 DEVRON PIPE SALES 287498 19-Oct-2004 MATERIALS 638.02 DIODATI,3IM 287343 12-Oct-2004 ADMINISTRATIVE 250.00 DIPAOLA, MIKE 287192 05-Oct-2004 ADMINISTRATIVE 82.00 DIPINTO,3OE 287058 28-Sep-2004 REFUND 125.00 DIRECT EQUIPMENT LID 287059 28-Sep-2004 MATERIALS 1,034.77 DIRECT EQUIPMENT LTD 287193 05-Oct-2004 MAINTENANCE AND REPAIRS 692.18 DIRECT iT CANADA INC 287344 12-Oct-2004 CONTRACT SERVICES 34,226.50 DIRECT iT CANADA INC 287499 19-Oct-2004 MATERIALS 631.30 D[SABATINO,ADRIANO 287060 28-Sep-2004 REFUND 750.00 CZTY OF NZAGARA FALLS 1~C~0~ ~ AP5200 Page : 4 MUNICIPAL ACCOUNTS Supplier Name Cheque No Cheque Date Purpose Amount DISTON~MICHAEL 287061 28-Sep-2004 REM~q-ANCE 45.00 DISTRICT SCHOOL BOARD OF NIAGARA 287062 28-Sep-2004 REHiTI'ANCE 6,397,200.99 DOERING & BROWN CORP 287194 05-Oct-2004 MATERIALS 3,558.88 DOUGLAS,1AMIE 287346 12-Oct-2004 ADMINISTRATIVE 176.40 DREN,KARL 287195 08-Oct-2004 ADMINISTRATIVE 294.89 DREW CANADA 287064 28-Sep-2004 MATERIALS 593.18 DREW CANADA 287196 05-Oct-2004 CONTRACT SERVICES 296.66 DUERKSEN,ANGELA 287500 19-Oct-20CH ADMINISTRATIVE 88.00 DU]LOVIC, ED 287197 05-Oct-2004 ADMINISTRATIVE 169.60 ELEFANTE,CARMEN 287501 19-0ct-2004 REFUND 750.00 ELLIS ENGINEERING INC 287198 05-Oct-2004 CONSULTING SERVICES 2,463.68 ELLIS ENGINEERING INC 287347 12-Oct-2004 CONSULTING SERVICES ;LI,849.66 EMERALD 287065 28-Sep-2004 MAINTENANCE AND REPAIRS 353.10 EMERALD 287199 05-Oct-2004 CONTRACT SERVICES 470.80 EMERALD 287348 12-Oct-2004 CONTRACT SERVICES 211.33 EMERALD 287502 19-Oct-2004 CONTRACT SERVICES 246.10 ENBRIDGE 287066 28-Sep-2004 UTILITIES 60.21 ENBRIDGE 287200 05-Oct-2004 UTILITIES 53.87 ENBRIDGE 287349 12-Oct-2004 UTILITIES 3,389.65 ENBRIDGE 287503 19-Oct-2004 UTILITIES 420.78 ENGINEERING CONCEPTS NIAGARA 287067 28-Sep-2004 CONSULTING SERVICES 1,853.78 ENGINEERING CONCEPTS NIAGARA 287504 19-Oct-2004 CONSULTING SERVICES 674.10 ERES CONSULTANTS 287350 12-Oct-2004 CONSULTING SERVICES 9,628.66 ERES CONSULTANTS 287505 19-Oct-2004 CONSULTING SERVICES 1,391.00 ESRI CANADA LTD 287201 05-Oct-2004 CONTRACT SERVICES 12,535.00 ET'H ERINGTON,DAVE 287202 05-Oct-2004 56.00 EVANS UTILITY SUPPLY LTD 287068 28-Sep-2004 MATERIALS 11,998.53 EVANS UTILITY SUPPLY LTD 287203 05-Oct-2004 MATERIALS 1,399.55 EVANS UTILITI SUPPLY LTD 287506 19-Oct-2004 MATERIALS 6,063.72 FALLS AUTO BODY INC 287204 05-Oct-2004 MAINTENANCE AND REPAIRS 2,300.00 FALLS ELECTRIC INC 287205 05-Oct-2004 MAINTENANCE AND REPAIRS 2,468.54 FALLS WHOLESALE LTD 287069 28-Sep-2004 SUPPLIES 336.09 FALLS WHOLESALE LTD 287206 05-Oct-2004 SUPPLIES 1,065.68 FALLS WHOLESALE LTD 287351 12-Oct-2004 MATERIALS 75.93 FALLS WHOLESALE LTD 287507 19-Oct-2004 MATERIALS 553.36 FEDERAL EXPRESS CANADA LTD 287508 19-Oct-2004 ADMINISTRATIVE 43.46 FEREN SIGN SYSTEMS 287070 28-Sep-2004 MATERIALS 869.38 FINE GRADE CONSTRUCTION 287352 12-Oct-2004 CONTRACT SERVICES 181,414.96 FIRE MONITORING OF CANADA INC 287509 19-Oct-2004 CONTRACT SERVICES 256.80 FIRESERVlCE MANAGEMENT LTD 287353 12-Oct-2004 MAINTENANCE AND REPAIRS 267.57 FLEXO PRODUCTS LTD 287071 28-Sep-2004 MATERIALS 53.73 FLEXO PRODUCTS LTD 287208 05-Oct-2004 MATERIALS 2,025.99 FLEXO PRODUCTS LTD 287354 12-Oct-2004 MATERIALS 390.86 FLEXO PRODUCTS LTD 287510 19-Oct-2004 MATERIALS 689.43 FORGETFULLL DEE CLOWNN & FRIENDS 287355 12-Oct-2004 ADMINISTRATIVE S00.00 FRANCOTYP POSTALIA CANADA 287511 19;Oct-2004 ADMINISTRATIVE 203.55 FRANK 3 ZAMBONI & CO LTD 287072 28-Sep-2004 MATERIALS 3~375.78 FRANK 3 ZAMBONI 8t CO LTD 287209 05-Oct-2004 MATERIALS 982.91 FRANK 3 ZAMBONI & CO LTD 287356 12-Oct-2004 MATERIALS 300.27 G · K SERVICES CANADA INC 287360 12-Oct-2004 MATERIALS 88.37 GALANTE, BRUNO 287073 28-Sep-2004 REFUND 750.00 GALELLA, FRANK 287210 05-Oct-2004 MATERIALS 1,166.76 GALES GAS BARS 287357 12-Oct-2004 MATERIALS 386.90 GALT KNIFE CO LTD 287211 05-Oct-2004 MAINTENANCE AND REPAIRS 345.00 GAULEY,ROBERT 287358 12-Oct-2004 ADMINISTRATIVE 204.40 GAUTNIER,IDA 287074 28-Sep-2004 REFUND 750.00 GEORGE BAILEY ENTERPRISES 287075 28-Sep-2004 MATERIALS 2,739.30 GERRIE ELECTRIC WHOLESALE LTD 287359 12-Oct-2004 MATERIALS 467.82 GERRIE ELECTRIC WHOLESALE LTD 287512 19-Oct-2004 MATERIALS 219.93 CZTY OF NZAGARA FALLS ~I~C~y0[ ~ AP5200 Page : 5 MUNICIPAL ACCOUNTS FolBIiI Supplier Name Cheque No Cheque Date Purpose Amount GFS CANADA INC 287212 05-Oct-2004 SUPPLIES 413.45 GFS CANADA INC 287513 19-Oct-2004 SUPPLIES 97.10 GLADDING SALES AGENCY LTD 287076 28-Sep-2004 MATER]ALS 57.63 GLADDING SALES AGENCY LTD 287213 05-Oct-2004 MATERIALS 6,292.59 GLADDING SALES AGENCY LTD 287361 12-Oct-2004 MATERIALS 839.69 GLADDING SALES AGENCY LTD 287514 19-Oct-2004 MATER]ALS 830.15 GLOBALSTAR CANADA SATELLITE CO 287362 12-Oct-2004 MATERIALS 128.70 GNGH FOUNDATiON 287215 05-Oct-2004 DONATION 100,000.00 GRAFTON UTILITY SUPPLY LTD 287515 19-Oct-2004 MATERIALS 299.46 GRASSWORKS LAWN MAINTENANCE 287516 19-Oct-2004 CONTRACT SERVICES 1,508.70 GRAYBAR ELECTRIC LTD 287077 28-Sep-2004 MATERIALS 225.84 GRAYBAR ELECTRIC LTD 287214 05-Oct-2004 MATERIALS 92.31 GRAYBAR ELECTRIC LTD 287517 19-Oct-2004 MATERIALS 1,356.31 GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND 287078 28-Sep-2004 REMITFANCE 86.75 GREEN, BRUCE 287518 19-Oct-2004 MATER]ALS 840.08 GREEN LINE EQUIPMENT 287519 19-Oct-2004 MATERIALS 3,542.19 GREENSPACE SERVICES 287079 28-Sep-2004 CONTRACT SERVICES 115.03 GROUND AERIAL MAINTENANCE LTD 287520 19-Oct-2004 CONTRACT SERVICES 470.35 Gl' FRENCH PAPER LIMITED 287080 28-Sep-2004 MATERIALS 1,553.01 Gl' FRENCH PAPER LIMITED 287216 05-Oct-2004 MATERIALS 366.87 Gl' FRENCH PAPER LIMITED 287521 19-Oct-2004 MATERIALS 2,022.57 GUILLEVIN INTERNATIONAL INC 287522 19-Oct-2004 MATERIALS 489.07 HABITAT FOR HUMANITY NIAGARA 287217 05-Oct-2004 REFUND 750.00 HALF WAY SAND PIT LIMITED 287081 28-Sep-2004 MATERIALS 23.00 HALF WAY SAND P~- LIMITED 287523 19-Oct-2004 CONTRACT SERVICES 229.17 HAMDANI DRYCLEANERS LTD 287364 12-Oct-2004 MATERIALS 18.98 HANSEN,MONIQUE 287365 12-Oct-2004 REFUND 750.00 HARRIMAN JOHN MR ASSESSMENT CONSULTANT 287366 12-Oct-2004 CONSULTING SERVICES 1,092.54 HECO 287082 28-Sep-2004 MAINTENANCE AND REPAIRS 3,536.82 HECO 287367 12-Oct-2004 CONTRACT SERVICES 290.52 HICKEY, NEAL 287524 19-Oct-2004 REFUND 125.00 HILL BOLES LTD 287368 12-Oct-2004 MATERIALS 425.39 HILL BOLES LTD 287525 19-Oct-2004 MATERIALS 91.54 NUMMELL, HAROLD 287218 05-Oct-2004 ADMINISTRATIVE 277.60 NURST, RONALD 287526 19-Oct-2004 REFUND 750.00 HY GRADE PRECAST CONCRETE 287527 19-Oct-2004 CONTRACT SERVICES 1,983.75 ICl CANADA INC 287528 19-Oct-2004 MATERIALS 372.60 IKON 287219 05-Oct-2004 EQUIPMENT 25,235.52 ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD 287369 12-Oct-2004 MATER]ALS 114.99 IVES, PAULINE 287370 12-Oct-2004 REFUND 2,800.00 JACKSON,DAVE 287371 12-Oct-2004 ADMINISTRATIVE 126.00 JAGGER HIMS LIMITED 287529 19-Oct-2004 CONSULTiNG SERVICES 5,331.82 3AYALATHGE,SUMATHIPALA 287083 28-Sep-2004 REFUND 1,050.00 JET ICE LTD 287220 05-Oct-2004 MATER]ALS 2,778.50 JOE BIAMONTE CONTRACTING LTD 287530 19-Oct-2004 REFUND 750.00 JONES,DON 287221 05-Oct-2004 ADMINISTRATIVE 81.92 KAN DU POOLS LTD 287222 05-Oct-2004 MATERIALS 1,458.37 KATCH'S QUALITY COMMUNICATION 287223 05-Oct-2004 CONTRACT SERVICES 632.50 KEN KING CONSTRUCTION 287084 28-Sep-2004 REFUND 300.00 KENNEY,GERALD 287224 05-Oct-2004 ADMINISTRATIVE 76.00 KING CONTRACTORS OF NIAGARA LTD 287531 19-Oct-2004 CONTRACT SERVICES 2,594.75 KINGSTON COLLEGE 287372 12-Oct-2004 REMITTANCE 185.00 KINWOOD AUDIO VISUAL 287532 19-Oct-2004 MATERIALS 176.53 KOALA BUILDING MAINTENANCE 287085 28-Sep-2004 REFUND 500.00 KON,ADELE 287227 05-Oct-2004 ADMINISTRATIVE 140.zt0 KUCHYI-,TOM 287533 19-Oct-2004 ADMINISTRATIVE 354.40 KUIPERS,JANET 287228 05-Oct-2004 ADMINISTRATIVE 68.40 KWIK KOPY 287373 12-Oct-2004 MATERIALS 43.13 L CAMPBELL 8~ ASSOCIATES 287375 12-Oct-2004 CONSULTING SERVICES 4,815.00 CITY OF ,ZAGARA FALLS ~heC~/ol ~ AP5200 Page : 6 II, MUNICIPAL ACCOUNTS gara Fa JJj. Supplier Name Cheque No Cheque Date Purpose Amount LAFARGE CANADA INC 287086 28-Sep-2004 MATERIALS 2,167.08 LAFARGE CANADA INC 287229 05-Oct-2004 MATERIALS 4,301.64 LAFARGE CANADA INC 287374 12-Oct-2004 MATERIALS 82.35 LAFARGE CANADA INC 287534 19-Oct-2004 MATERIALS 6,279.75 LANG DRYWALL & ACOUSTICS LTD 287535 19-Oct-2004 MAINTENANCE AND REPAIRS 2,970.77 LATOPLASI' LTD 287230 05-Oct-2004 MATERIALS 178.25 LATOPLAST LTD 287536 19-Oct-2004 MATERIALS 178.25 LE CONSEIL SCOLAIRE DE DISTRICT 287087 28-Sep-2004 ADMINISTRATIVE ~.16,606.92 LE CONSEIL SCOLAIRE DE DISTRICT 287088 28-Sep-2004 ADMINISTRATIVE 243,128.03 LINDSAY PRESS 287233 05-Oct-2004 MATERIALS 572.70 LMCBO SPRING 2004 WORKSHOP 287377 12-Oct-2004 REMI'FrANCE 400.00 LOUTH & NIAGARA ORCHARDS 287538 19-Oct-2004 CONTRACT SERVICES 2,427.45 MAN A MILE 287234 05-Oct-2004 REMI1TANCE 190.00 MANNELLA,SALVATORE 287090 28-Sep-2004 REFUND 750.00 MARCEL DIONNE ENTERPRISES 287091 28-Sep-2004 MATERIALS 2,241.65 MARINE CLEAN LTD 287235 05-Oct-2004 CONTRACT SERVICES 1,327.87 MARTIN ENGINEERING INC 287378 12-Oct-2004 CONSULTING SERVICES 1,748.40 MAVES, DIANE 287236 05-Oct-2004 ADMINISTRATIVE 90.00 MAXNER,JAY 287379 12-Oct-2004 ADMINISTRATIVE 162.00 MCANDREWS AIR LTD 287540 19-Oc~-2004 CONTRACT SERVICES 1,090.33 MCCAULEY,DON 287380 12-Oct-2004 REFUND 329.17 MCCONNELL, LUCILLE 287237 05-Oct-2004 ADMINISTRATIVE 90.00 MCDONALD, ROB 287541 19-Oct-2004 ADMINISTRATIVE 384.40 MCNAMARA,SUSAN 287238 05-Oct-2004 ADMINISTRATIVE 102.00 ME OI-SEN TITLES INC 287093 28-Sep-2004 CONTRACT SERVICES 63.45 ME OLSEN TITLES INC 287240 05-Oct-2004 CONTRACT SERVICES 478.07 ME OLSEN 'rlTLES INC 287381 12-Oct-2004 CONTRACT SERVICES 474.85 ME OLSEN 1TFLES INC 287543 19-Oct-2004 CONTRACT SERVICES 568.41 MEDICI,SAM 287239 05-Oct-2004 REFUND 164.62 MEENAN, DAVID 287542 19-Oct-2004 REFUND 1,086.98 METRO PLUMBING 8~ HEATING 287241 05-Oct-2004 CONTRACT SERVICES 1,368.35 MICRON INSTALLATIONSIIMITED 287146 29-Sep-2004 REFUND 750.00 MICRON INSTALLATIONS LIMITED 287242 05-Oct-2004 CONTRACT SERVICES 497.55 MICRON INSTALLATIONS lIMITED 287382 12-Oct-2004 MAINTENANCE AND REPAIRS 6,225.65 MICRON INSTALLATIONS LIMITED 287544 19-Oct-2004 MATERIALS 508.25 MINERVINI, DOMENIC 287243 05-Oct-2004 ADMINISTRATIVE 266.40 MINISTER OF FINANCE 287015 23-Sep-20IM REMll-rANCE 12,849.09 MINISTER OF FINANCE 287095 28-Sep-2004 REMITTANCE 1,046.15 MINISTER OF FINANCE 287147 29-Sep-2004 REMII-FANCE 56,140.83 MINISTER OF FINANCE 287245 05-Oct-2004 REMII-FANCE 32,011.50 MINISTER OF FINANCE 287384 12-Oct-2004 REMI-FTANCE 907.41 MINISTER OE FINANCE 287385 12-Oct-2004 REMITrANCE 300.00 MINISTER OF FINANCE 287546 19-Oct-2004 REMITTANCE 7,929.76 MINISTRY OF ATTORNEY GENERAL 287094 28-Sep-2004 REMITTANCE 1,785.59 MINISTRY OFATTORNEY GENERAL 287244 05-Oct-2004 REMII-FANCE 1,710.59 MINISTRY OF ATTORNEY GENERAL 287383 12-Oct-2004 REMITTANCE 1,860.59 MINISTRY OF ATTORNEY GENERAL 287545 19-Oct-2004 REMITTANCE 1,785.59 MJM/CMA JOINT VENTURES ARCNTIECTS 287539 19-Oct-2004 CONTRACT SERVICES 90,042.01 MOBILE COMMUNICATION SERVICES 287386 12-Oct-2004 CONTRACT SERVICES 554.30 MODERN LANDFILL INC 287246 05-Oct-2004 CONTRACT SERVICES 1,965.43 MONTGOMERY, MOE& MONTGOMERY, MIKE 287547 19-Oct-2004 CONTRACT SERVICES 604.56 MORNINGSTAR~DAVID 287387 12-Oct-2004 REFUND 750.00 MOROCCO,JOHN 287247 05-Oct-2004 ADMINISTRATIVE 233.97 MOROCCO,JOHN 287388 12-Oct-2004 ADMINISTRATIVE 367.50 MOROCCO,JOHN 287389 12-Oct-2004 ADMINISTRATIVE 190.40 MORTON,DALE 287390 12-Oct-2004 ADMINISTRATIVE 235.21 MTC LEASING INC 287548 19-Oct-2004 LEASES AND RENTS 277.87 MUNICIPAL HEALTH & SAFETY ASSOCIATION 287391 12-Oct-2004 REMITTANCE 320.00 MURACA,JACK 287392 12-Oct-2004 REFUND 125.00 CZTY OF NIAGARA FALLS ~I~C~0I ~ AP5200 Page : 7 M U NI'C! PAL ACCOUNTS Niagara' Supplier Name Cheque No Cheque Date Purpose Amount MURACO, MARY 287148 29-5ep-2004 ADMINISTRATIVE 178.00 MURRAY,JOHN 287549 19-Oct-2004 REFUND 750.00 NESTLE FOODSERVICE SALES 287393 12-Oct-2004 MATERIALS 188.51 NEW ICE 287394 12-Oct-2004 CONTRACT SERVICES 1,729.50 NEXTERRA SUBSTRUCTURES INCORPORATED 287550 19-Oct-2004 CONTRACT SERVICES 8,211.93 NIAGARA 8Aq~-ERY AND TIRE 287551 19-Oct-2004 MATERIALS 1,178.88 NIAGARA BLOCK INC 287096 28-Sep-2004 MATERIALS 126,10 NIAGARA BLOCK INC 287552 19-Oct-2004 MATERIALS 1,282.65 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 287097 28-Sep-2004 ADMINISTRATIVE 3,223,350.14 NIAGARA DISTRICT AIRPORT COMMISSION 287395 12-Oct-2004 GRANT 19,500.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 287101 28-Sep-2004 REMF1TANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 287252 05-Oct-2004 REMITI'ANCE 3,568.16 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 287253 05-Oct-2004 REM]q-FANCE 1,981.45 NIAGARA FALLS PROEESSIONAL FIRE FIGHTERS ASSOC 287399 12-Oct-2004 REMI'I'I'ANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 287557 19-Oct-2004 REMI'ITANCE 1,981.45 NIAGARA FALLS BAR ASSOCIATION 287553 19-Oct-2004 REMI1TANCE 200.00 NIAGARA FALLS HUMANE SOCIET'f 287250 05-Oct-2004 ADMINISTRATIVE 2,185.85 NIAGARA FALLS HUMANE SOCIETY 287554 19-Oct-2004 CONTRACT SERVICES 1,780.00 NIAGARA FALLS HYDRO 287099 28-Sep-2004 UTILITIES 111,155.S5 NIAGARA FALLS HYDRO 287251 05-Oct-2004 UTILITIES 19,000.07 NIAGARA FALLS HYDRO 287396 12-Oct-2004 REFUND 22,204.98 NIAGARA FALLS HYDRO 287397 12-Oct-2004 UTII3TIES 6,553.63 NIAGARA FALLS HYDRO 287555 19-Oct-2004 REMITPANCE 6,689.27 NIAGARA FALLS HYDRO 287556 19-Oct-2004 ADMINISTRATIVE 400.00 NIAGARA FALLS PUBLIC LIBRARY 287398 12-Oct-2004 MATERIALS 211.98 NIAGARA HEALTH SYSTEM 287102 28-Sep-2004 ADMINISTRATIVE 1,841.87 NIAGARA HEALTH SYSTEM 287558 19-Oct-2004 ADMINISTRATIVE 1,841.87 NIAGARA NEWSPAPER GROUP 287103 28-Sep-2004 ADMINISTRATIVE 2,778.27 NIAGARA NEWSPAPER GROUP 287559 19-Oct-2004 ADMINISTRATiVE 4S0.48 NIAGARA OCCUPATIONAL HEALTH SERVICES 287400 12-Oct-2004 ADMINISTRATiVE 780.00 NIAGARA ON THE LAKE HYDRO INC 287104 28-Sep-2004 ADNINISTRATIVE 33.67 NIAGARA PARKS COMMISSION 287401 12-Oct-2004 CONTRACT SERVICES 3,654.05 NIAGARA REGION CHILDREN'S SAFETY VILLAGE 287402 12-Oct-2004 ADMINISTRATIVE 1,684.00 NIAGARA SHEET METAL 287254 05-Oct-2004 MATERIALS 966.00 NIAGARA SHEET METAL 287560 19-O5-2004 MAINTENANCE AND REPAIRS 603.75 NIAGARA SOUND SYSTEMS 287255 05-Oct-2004 CONTRACT SERVICES 96.30 NIAGARA THIS WEEK 287403 12-Oct-2004 ADMINISTRATIVE 592.57 NIAGARA.COM 287098 28-Sep-2004 CONTRACT SERVICES 96.20 NIAGARA.COM 287249 05-Oct-2004 CONTRACT SERVICES 358.99 NICHE BURLINGTON INC 287105 28-Sep-2004 MATERIALS 1,670.66 NICK ALTIERI EXCAVATING LTD 287561 19-Oct-2004 MAINTENANCE AND REPAIRS 3,210.00 NOPOOHN LTD 287149 29-Sep-2004 CONTRACT SERVICES 93,082.60 NOPOOHN LTD 287404 12-Oct-2004 CONTRACT SERVICES S,000.00 NOR]OHN LTD 287562 19-Oct-2004 CONTRACT SERVICES 5,000.00 OLEKSUIK,AL 287405 12-Oct-2004 REFUND 750.00 OMERS 287406 12-Oct-2004 REMITTANCE 353,418.80 ONTARIO BUILDING OFFICIALS ASSOCIATION NIAGARA CHAP 287563 19-Oct-2004 REMIITANCE 140.00 ONTARIO DUCT CLEANING 287407 12-Oct-2004 CONTRACT SERVICES 1,011.15 ONTARIO WATER PRODUCTS INC 287107 28-Sep-2004 MATERIALS 1,982.03 ORSER ENVIRONMENTAL & SAFETY INC 287108 28-Sep-2004 CONSULTING SERVICES 862.84 P R W EXCAVATING CONTRACTORS LTD 287016 24-Sep-2004 CONTRACT SERVICES 10,379.00 PAGENET OF CANADA INC 287408 12-Oct-2004 REMI~q-ANCE 311.04 PALINKO, DEBBIE 287564 19-Oct-2004 REFUND 750.00 PARAMOUNT CANADA'S WONDERLAND 287565 19-Oct-2004 REMIITANCE 1,996.00 PARKSMART 287566 19-Oct-2004 CONTRACT SERVICES 156,314.69 PASCOE,REBECCA 287256 05-Oct-2004 ADMINISTRATIVE 144.80 PASSERO,]OSEPH A 287567 19-Oct-2004 REFUND 15.00 PEAK PERFORMANCE SYSTEMS GTA LTD. 287409 12-Oct-2004 CONSULTING SERVICES 2,140.00 PEC ROOF MAINTENANCE 287568 19-Oct-2004 MAINTENANCE AND REPAIRS 1,952.44 CITY OF NIAGARA FALLS I~C~0[ ~ AP5200 Page: 8 MUNICIPAL ACCOUNTS ]hlJlk Supplier Name Cheque No Cheque Date Purpose Amount PENINSULA PEST CONTROL LTD 287411 I 12-~t-2004 CONTRACT SERVICES 42.80 PENINSULA TOWING & RECOVERY INC 287257 05-0ct'2004 CONTRACT SERVICES 609.90 PERDAN LIMITED 287109 28-Sep-2004 MATERIALS 187.25 PHILIPS ENGINEERING 287258 05-Oct-2004 CONTRACT SERVICES 1,495.72 PINGUE, PAUL 287110 28-Sep-2004 ADMINISTRATIVE 4.80 PIPEFLO CONTRACTING CORPORATION 287111 28-Sep-2004 CONTRACT SERVICES 3,093.03 PIPEFLO CONTRACTING CORPORATION 287569 19-Oct-2004 CONSULTING SERVICES 288.90 PLOUFFE, LUC ROLAND 287412 12-Oct-2004 REFUND 750.00 PRATA, GUY 287570 19-Oct-2004 ADMINISTRATIVE 57.60 PRAXAIR 287413 12-Oct-2004 MATERIALS 403.55 PRECISE PARK LINK INC 287571 19-Oct-20C4 CONTRACT SERVICES 1,681.40 PRESTON MICROFILMING SERVICE 287572 19-Oct-2004 REMITrANCE 2,442.60 PROVENZANO,VII-fORIO 287113 28-Sep-2004 REFUND 125.00 PURE WATER 287114 28-Sep-2004 MATERIALS 94.50 PURE WATER 287259 05-Oct-2004 MATERIALS 58.50 PURE WATER 287573 19-Oct-2004 MATERiALS 7.50 PUROLATOR COURIER 287115 28-Sep-2004 REMI'I-rANCE 66.03 PUROLATOR COURIER 287260 05-Oct-2004 REMITFANCE 80.41 PUROLATOR COURIER 287414 12-Oct-2004 REMITTANCE 229.06 PUROLATOR COURIER 287574 19-Oc~-2004 REMT~-ANCE 81.94 (~UICK CAR WASH 287116 28-Sep-2004 CONTRACT SERVICES 81.08 QUICKSERVICE 287117 28-Sep-2004 CONTRACT SERVICES 716.35 R NICHOLLS DISTRIBUTORS INC 287265 05-Oct-2004 MATERIALS 453.89 R V ANDERSON ASSOCIATES LIMITED 287125 28-Sep-2004 CONSULTING SERVICES 3,010.05 R V ANDERSON ASSOCIATES LIMITED 287423 12-Oct-2004 CONSULTING SERVICES 1,016.50 R&C DRIVEWAY SEALING & PAINT 287416 12-Oct-20C4 CONTRACT SERVICES 14,843.24 RACO AUTO SUPPLY LTD 287415 12-Oct-2004 MATERIALS 133.86 RANKIN CONSTRUCTION INC 287261 05-Oct-2004 CONTRACT SERVICES 424,268.77 RA1TIE,DAVE 287119 28-Sep-2004 GRANT 45.00 RA'ITIE,]ILL 287118 28-Sep-2004 GRANT 45.00 RECEIVER GENERAL 287120 28-Sep-2004 REMITTANCE 145,755.51 RECEIVER GENERAL 287262 05-Oct-2004 REMITTANCE 145,185.75 RECEIVER GENERAL 287417 12-Oct-2004 REMITTANCE 149,585.61 RECEIVER GENERAL 287575 19-Oct-2004 REMI'~'ANCE 147,854.12 REDDY,RAMESH 287121 28-Sep-2004 REFUND 460.00 REDEVELOPMENT CONCEPTS INTERNATIONAL 287150 29-Sep-2004 CONSULTING SERVICES 13,395.33 REDEVELOPMENT CONCEPTS INTERNATIONAL 287418 12-Oct-2004 CONSULTING SERVICES 6,497.92 REGENCY SPORTS PARK 287576 19-Oct-2004 LEASES AND RENTS 1,200.00 REGIONAL NIAGARA FIRE BUFFS 287577 19-Ocic-2004 ADMINISTRATIVE 91.14 RENOVATIONS BY BELL GROUP DEVELOPMENTS 287578 19-Oct-2004 REFUND 750.00 RESQTECH SYSTEMS INC 287579 19-Oct-2004 MATERIALS 3,197.56 RICKER, CAMERON 287580 19-Oct-2004 REFUND 15.00 RIDGEMOUNTQUARRIES LIMITED 287123 28-Sep-2004 MATERIALS 479.90 ROADSIDE RENTALS INC 287124 28-Sep-2004 CONTRACT SERVICES 445.12 ROGERS WIRELESS INC 287581 19-Oct-2004 UTILITIES 128.92 ROMANEC,WALTER G 287582 19-Oct-2004 REFUND 56.00 RONNIES GENERATOR SERV LTD 287422 12-Oct-2004 CONTRACT SERVICES 256.80 ROYAL CANADIAN LEGION BRANCH 51 287583 19-Oct-2004 DONATION 65.00 RUSC]'~'I,ANTHONY 287584 19-Oct-2004 REFUND 237.92 SACCO CONSTRUCTION 287585 19-Oct-2004 CONTRACT SERVICES 12,308.44 SACCO-BASILE,DANIELA 287424 12-Oct-2004 REFUND 1,750.00 SAFETY KLEEN CANADA [NC 287425 12-Oct-2004 MATERIALS 721.74 SAFETY TODAY 287266 05-Oct-2004 MATERIALS 367.38 SAFETY TODAY 287426 12-Oct-2004 MATERIALS 866.01 SAFETY TODAY 287586 19-Oct-2004 MATERIALS 667.41 SCARINGI,VITO 287267 05-Oct-2004 ADMINISTRATIVE 184.40 SCOTIABANK 287127 28-Sep-2004 REMITTANCE 122,017.81 SCOTIABANK 287128 28-Sep-2004 REFUND 575.00 SCOTiABANK 287293 06-Oct-2004 ADMINISTRATIVE 12,238.77 CZTY OF NTAGARA FALLS ~Ci~ol ~ AP5200 Page : 9 MUNTCTPAL ACCOUNTS ' na a Supplier Name Cheque No Cheque Date Purpose Amount SHAHEEN & PEAKER LTD 287268 05-Oct-2004 CONSULTING SERVICES 2,707.10 SIGNATURE SIGNS 287129 28-Sep-2004 MATERIALS 1,651.32 SIGNATURE SIGNS 287269 05-Oct-2004 MAINTENANCE AND REPAIRS 2,194.57 SIGNATURE SIGNS 287428 12-Oct-2004 MATERIALS 143.75 SINGULAR PRODUCllONS LIMITED 287429 12-Oct-2004 MATERIALS 714.15 SOFTVVARE FIRST COMPUTERS LTD 287430 12-Oct-2004 EQUIPMENT 1,850.35 SOIL MAT ENGINEERS & CONSULTANTS LTD 287589 19-Oct-2004 CONSULTING SERVICES 1,920.65 SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIATION 287590 19-Oct-2004 REMITTANCE 70.00 SPENCER, MA'IT 287271 05-Oct-2004 REFUND 125.00 SQBOX SOLUTIONS LTD 287591 19-Oct-2004 CONTRACT SERVICES 1,284.00 STAMATOKOS,3OHN 287130 28-Sep-2004 REFUND 1,050.00 STAMFORD HOME HARDWARE 287431 12-Oct-2004 MATERIALS 96.13 STAROSTIQ FAY 287592 19-Oct-2004 REFUND 62.75 STARY,PAUL 287272 05-Oct-2004 REFUND 750.00 STEVENSVILLE GARDEN GALLERY 287593 19-Oct-2004 CONTRACT SERVICES 579.25 STREAMLINE 287273 05-Oct-2004 MAINTENANCE AND REPAIRS 661.25 STREAMLINE 287432 12-Oct-2004 MAINTENANCE AND REPAIRS 316.25 SUN LIFE OF CANADA 287433 12-Oct-2004 REM]'FI'ANCE 429.40 SUN LIFE OF CANADA 287594 19-Oct-2004 REMITTANCE 1,314.71 TAUNTON CONST LTD 287434 12-Oct-2004 CONTRACT SERVICES 32,876.93 TAYLOR, ROBERT 287274 05-Oct-2004 REMll-rANCE 500.00 TD CANADA TRUST 287435 12-Oct-2004 REFUND 1,961.94 TEAM I ENVIRONMENTAL SERVICES INC 287595 19-Oct-2004 ADMINISTRATIVE 7,704.00 TELLIER,MIKE 287436 12-Oct-20C4 REFUND 91.99 TELUS INTEGRATED COMMUNICATIONS 287437 12-Oct-2004 CONTRACT SERVICES 488.75 TELUS MOBILITY 287131 28-Sep-2004 UTILITIES 112.10 TELUS MOBILITY 287275 05-Oct-2004 UTILITIES 57.49 TELUS MOBILITY 287438 12-Oct-2004 MATERIALS 64.39 TELUS MOBILI'F~ 287439 12-Oct-2004 CONTRACT SERVICES 1,127.91 TELUS MOBILITY 287596 19-Oct-2004 UTILITIES 511.70 TELUS MOBILITY 287597 19-Oct-2004 UTILITIES 6,337.42 TELUS NATIONAL SYSTEMS INC 287440 12-Oct-2004 EQUIPMENT 5,225.60 TERANET INC 287598 19-Oct-2004 REMITTANCE 5,000.00 THE BUSINESS LINK NIAG LTD 287599 19-Oct-2004 MATERIALS 428.00 THE CITY OF TORONTO 287132 28-Sep-2004 REMITrANCE 300.00 THE KIRKLAND PARTNERSHIP 287441 12-Oct-2004 CONSULTING SERVICES 4,821.53 THE ORIGINAL FLAG STORE 287277 05-Oct-2004 MATERIALS 690.00 THE PEPSI BOI-II.ING GROUP 287278 05-Oct-2004 MATERIALS 423.00 THE PEPSI BO'FFLING GROUP 287442 12-Oct-2004 MATERIALS 55.43 THE PEPSI BOTTLING GROUP 287600 19-Oct-2004 MATERIALS 694.00 THE REGIONAL MUNCIPALITY NIAGARA EMERGENCY MEDICAl 287421 12-Oct-2004 MATERIALS 235.33 THE REGIONAL MUNICIPALITY OF NIAGARA 287122 28-Sep-2004 MATERIALS 10,406.04 THE REGIONAL MUNICIPALITY OF NIAGARA 287263 05-Oct-2004 ADMINISTRATIVE 249,300.35 THE REGIONAL MUNICIPALITY OF NIAGARA 287264 05-Oc/-2004 ADMINISTRATIVE 1,355,631.20 THE REGIONAL MUNICIPALITY OF NIAGARA 287419 12-Oc~-2004 ADMINISTRATIVE 13,151,673.00 THE REGIONAL MUNICIPALITY OF NIAGARA 287420 12-Oct-2004 ADMINISTRATIVE 462,419.77 THE SPONSORSHIP REPORT 287279 05-Oct-2004 ADMINISTRATIVE 256.80 THE STANDARD 287602 19-Oct-2004 ADMINISTRATIVE 321.00 THE UNIFORM GROUP INC 287133 28-Sep-2004 MATERIALS 295.32 THREE RING CIRCUS STRATEGIC COMMUNICATIONS 287280 05-Oct-2004 ADMINISTRATIVE 805.00 TOTTEN SIMS HUBICKI ASSOCIATES 287281 05-Oct-2004 CONSULTING SERVICES 18,316.94 TOTTEN SIMS HUBICKI ASSOCIATES 287443 12-Oc[-2004 CONSULTING SERVICES 1,794.00 TO'FFEN SIMS HUBICKI ASSOCIATES 287603 19-Oc~-2004 CONSULTING SERVICES 6,273.95 TOUCHSTONE SITE CONTRACTORS 287282 05-Oct-2004 CONTRACT SERVICES 5,478.94 TOWN OF NIAGARA ON THE LAKE 287604 19-Oct-2004 LEASES AND RENTS 2,142.00 TRI CITY CURB CUI-I'ING INC 287283 05-Oct-2004 CONTRACT SERVICES 467.08 TROI-rI ER, LOU 287284 05-Oct-2004 REFUND 750.00 TROW ASSOCIATES INC 287134 28-Sep-2004 CONSULTING SERVICES 1,557.92 UNTIED WAY 287135 28-Sep-2004 REMI-FFANCE 1,750.50 CITY OF NIAGARA FALLS T~C~0[ J~ AP5200 Page: 10 MUNICIPAL ACCOUNTS Supplier Name Cheque NO Cheque Date Purpose Amount VACCA,ANTHONY 287605 19-0Ct-2004 ADMINISTRATIVE 133.28 VALUEADDED SYSTEMS INC 287606 19-Oct-2004 EQUIPMENT 3,392.50 VANCOR SUPPLY 287136 28-Sep-2004 MATERIALS 891.93 VANDER WEYDEN CONSTRUCTION 287137 28-Sep-2004 CONTRACT SERVICES 7,329.50 VANN MEDIA 287444 12-Oct-2004 REFUND 558.75 VIC VATRT CONTRACTING LTD 287607 19-Oct-2004 CONTRACT SERVICES 126,531.16 WALK ON DUST CONTROL 287139 28-Sep-2004 CONTRACT SERVICES 130.99 WALK ON DUST CONTROL 287286 05-Oct-2004 CONTRACT SERVICES 163.07 WALK ON DUST CONTROL 287445 12-Oct-2004 CONTRACT SERVICES 52.32 WALK ON DUST CONTROL 287608 19-Oct-2004 CONTRACT SERVICES 29.37 WALKER BROTHERS QUARRIES LTD 287138 28-Sep-2004 MATERIALS 686.87 WALL,NICK 287609 19-Oct-2004 REFUND 331.99 WASTE MANAGEMENT 287610 19-Oct-2004 GRANT 1,302.76 WATSON,KEN 287611 19-Oct-2004 REFUND 750.00 WATSON,KEN& WATSON, JACKIE 287612 19-Oct-2004 REFUND 1,000.00 WA~-F, DAVID 287140 28-Sep-2004 ADMINISTRATIVE 168.00 WA]-F, DAVID 287613 19-Oct-2004 ADMINISTRATIVE 318.00 WEIR FOUl. DS 287141 28-Sep-2004 CONSULTING SERVICES 15,333.05 WEST~URNE/RUDDY 287287 05-Oct-2004 MATERIALS 2,361.75 WESTBURNE/RUDDY 287446 12-Oct-2004 MATERIALS 196.65 WESTBURNF-/RUDDY 287614 19-Oct-2004 MATEPJALS 852.43 WHITE,DAVID 287615 19-Oct-2004 REFUND 125.00 WINGER,TERRI 287288 05-Oct-2004 ADMINISTRATIVE 65.00 WONDERLAND FOOD & EQUIPMENT [NC 287289 05-Oct-2004 MATERIALS 128.39 WRIGHT FUELS INC 287142 28-Sep-2004 MATERIALS 19,021.34 WRIGHT FUELS INC 287447 12-Oct-2004 MATERIALS 14,925.06 WRIGHT FUELS INC 287616 19-Oct-2004 MATERIALS 15,394.74 WSIB 287290 05-Oct-2004 ADMINISTRATIVE 11,824.34 WSIB 287449 12-Oct-2004 REMiTFANCE 250.00 WSIB 287617 19-Oct-2004 REMITTANCE 10,891.62 WYLIE,BRENDA 287618 19-Oct-2004 ADMINISTRATIVE 401.22 YARNELL OVERHEAD DOOR 287143 28-Sep-2004 MATERIALS 113.16 YARNELL OVERHEAD DOOR 287450 12-Oct-2004 CONTRACT SERVICES 442.98 YMCA 287144 28-5ep-2004 REMITTANCE 1,061.53 YOUNG,SUSAN 287145 28-Sep-2004 REFUND 310.30 YWCA ST CATHARINES 287292 05-Oct-2004 CONSULTING SERVICES 2,543.78 Total: 31,916,966.87 Community Services Department FS-2004-19 T ..... ~,~ Fire Services Patrick Burke ne or 4310 Queen Street Fire Chief Niagara FailslJl ' P,o. Box 1023 Canada ~~'Niagara Falls, ON L2E 6X5 ~J~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: pburke@city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-19 Purchase of Thermal Imaging Camera RECOMMENDATION: That Council approve the purchase of thermal imaging cameras for Fire Services emergency responses at a cost of $28,980. BACKGROUND: We have experienced the benefits of thermal imagery over the past seven (7) years. The primary use of Thermal Imaging Cameras is to increase safety and efficiency in locating victims and fires in smoke-filled buildings. Expanded uses also include reducing damage caused during overhaul, determining liquid levels in containers from a distance, locating victims of vehicle accidents at night, and missing person searches. It is our goal to increase the number of cameras on vehicles throughout the City to enhance the safety and capabilities of fire crews and this purchase moves us closer toward our goal. Improvements in technology have allowed thermal imaging units to be offered at reasonable prices, allowing us to purchase three (3) units this year. A fire fighter committee reviewed numerous units and selected the unit by suitability and price. The MSA manufacturer was selected and there are two (2) suppliers of this unit. Price quotations were received and suppliers were selected on price. Funds have been designated in the Capital budget for this purpose. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services November 1, 2004 - 2 - FS-2004-19 Prepar~eff by: Respectfully subtnitted: Lee Smith ~ John MacDonald Assistant Chief -t~ Chief Administrative Officer Fire Chief Community Services Department FS-2004-20 . ~&~ . Fire Services Patrick Burke The CCy of 4310 Queen Street Fire Chief Niagara Falls P.O. BOX 1023 Canada ~'Niagara Fails, ON L2E 6X5 ~ll~r web site: www.city.niagarafalls.on .ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih pburke@city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-20 Purchase of ISI Self-Contained Breathing Apparatus (SCBA) RECOMMENDATION: It is recommended that Council approve the purchase of 15 Self-Contained Breathing Apparatus (SCBA) air cylinders at a total cost of $17,767.50. BACKGROUND: In 2003, Council approved the purchase of SCBAs to replace older equipment (procedures and legislated requirements that evolved). Some equipment that was not purchased at that time is being requested to augment the SCBA equipment as operation directions require. The replacement of SCBA was identified and allocated in the 2004 Capital Budget for this purpose. erep~.,~j Rei~~ed: ~:isSt~tthchief ~Chief Administrative Officer Fire Chief ~Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department MW-2004-161 'i'h~ ~i~, ,-,~ iJ'.~ Municipal Works Ed Dujlovic ...... ~ '~' ==~'~~' 4310 Queen Street Director Niagara Falls J. ~ P.O. Box ~023 Canada ~~r~ Niagara Falls, ON L2E 6X5 ~'-'~ web site: wvc~.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca November 1, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-161 - Colangelo Estates Subdivision Ontario Power Generation Inc. Cmridor Crossing Licence Agreement Storm Sewer on Haulage Road RECOMMENDATION: 1. That a Licence Agreement between Ontario Power Generation Inc. ("OPG"), 586112 Ontario Limited operating business as Niagara Investment Group ("the developer")and Hydro One Networks Inc. ("HONT') be assigned to The Corporation of the City of Niagara Falls ("City") upon the expiration of the maintenance period on the Colangelo Estates Subdivision for the right to construct, use and maintain a new 1,050 mm (42") diameter storm sewer on the Haulage Road ("storm sewer") required for Colangelo Estates Plan of Subdivision as well as the future development lands to the east and west. BACKGROUND: Council has given draft approval to the Colangelo Estates Plan of Subdivision being developed by the developer which is subject to various conditions. The developer is required to construct a storm sewer that will also service adjacent lands to be developed in the future as well as Mountain Road. The storm sewer was designated by the City to outlet to the existing storm sewer located on Haulage Road adjacent to the Moretta Subdivision. In order to do this, the sewer shall traverse an Ontario Hydro corridor. The necessary crossing of this corridor requires the developer to enter into a Licence Agreement specifying the terms and conditions that will apply both during and after construction. Since the developer is responsible for the construction and maintenance of this sewer, the Licence Agreement will initially be entered into between OPG, the developer and HONI. At such time that the Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services November 1 2004 - 2 - MW-2004-161 maintenance period has expired and the sewer ownership transfers to the City, the terms and conditions of the agreement assigned to the developer will be conveyed to the City. The cost of preparing and executing the Licence Agreement will be bom bythe developer. This is by no means precedent setting as the City has entered into similar agreements with various agencies, such as Canadian National Railway and Ministry of Transportation of Ontario, to secure crossings of municipal services necessary for development to proceed. The licensing costs are as follows: Years 1 to 5 (inclusive) $1,860.00 per year $ 9,300.00 Years 6 to 10 (inclusive) 2,150.00 10,750.00 Years 11 to 15 (inclusive) 2,500.00 12,500.00 Years 16 to 20 (inclusive) 2,900.00 14,500.00 Total of fixed annual rent for first 20 years $ 47,050.00 Part of the Licencing costs are being considered as a capital cost of this development as set out in the Development Charges By-law, and therefore eligible for payment from the Development Charge Fund. The Licence Agreement does provide for a Termination Clause which allows the OPG, or its successor, to terminate the agreement either permanently or temporarily after giving the required thirty days notice to remove the works in the corridor within six months. Since there are also clauses in this agreement describing the alternatives of realignment and/or relocation of the sewer should it conflict with OPG's future works, it would be a remote possiblitity that this clause would be invoked by OPG. In this situation, the parties would likely negotiate an alignment that would be mutually agreeable with costs being borne by the parties as set out in the agreement. The municipal services for this development have been completed save and except the storm sewer in the conddor 'ea. Your consideration of this matter this evening is appreciated. ed y: R~~ Rick Volph'd ,~ John MacDonald Development Technologist /~/Chief Administrative Officer Appro/v/:~by: Director of Municipal Works S:\REPORTS\2004 ReportsWiW-2004-161 - Colangelo Estates Subdivision MM.wpd