Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2005/02/14
COUNCIL MEETING Monday, February 14, 2005 Order of Business and Agenda Package COUNCIL MEETING February 14. 2005 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Council Minutes of January 31, 2005 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Girl Guides of Canada DEPUTATIONS Ms. Laura Hockton, Niagara Frontier Girl Guides, wishes to address Council regarding the celebration of 95 years of Guiding in Canada and will request that Council proclaim the week of February 20 -26, 2005 as "Guide /Scout Week REQUEST FOR EXEMPTION UNDER THE CITY'S ANIMAL CONTROL BY -LAW 1. Chief Administrative Officer CD- 2005 -01, Request for Exemption Under the City's Animal Control By -law (2002 -129), 5781 Ellen Avenue, Greg Frewin Theatre. MAYOR'S REPORTS, ANNOUNCEMENT Clerk's Department Matters -2 REPORTS 1. Chief Administrative Officer CD- 2005 -02, Private Members Bill, The Elected Official Immunity Act 2004. Parks, Recreation Culture Matters 1. Chief Administrative Officer R- 2005 -12, Armoury Ad Hoc Committee Update. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES (Alderman Wayne Campbell, Chair) 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- 2005 -07, Community Reinvestment Fund (CRF); 2. F- 2005 -08, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001; 3. F- 2005 -10, Municipal Accounts; 4. L- 2005 -10, Amendment to Option Agreement between Metrus Properties Limited and The Corporation of the City of Niagara Falls, to remove all remaining lands from Schedule A; 5. PD- 2005 -10, Matters Arising from the Municipal Heritage Committee (MHC); 3 6. PD- 2005 -11, Request for Removal of Part Lot Control, Portions of Lots 328, 329 and 330, Registered Plan 40, 6272 -6286 Ash Street, Owner: Mountainview Homes; 7. R- 2005 -11, Revised Municipal Alcohol Risk Management Policy. 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. 2005 -21 To amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by- laws. 2005 -22 To establish Part 4 on Reference Plan 59R -12586 as a public highway, to be known as and to form part of Lyon's Creek Road. 2005 -23 To authorize the execution of an Extension of Lease Agreement with The Niagara Parks Commission respecting the extension of the Lease dated December 15, 1998, of the premises known as the Willoughby Historical Museum. 2005 -24 To designate portions of Lots 328, 329 330 on Registered Plan No. 40 not to be subject to part lot control. 2005 -25 To permanently close part of a highway. 2005 -26 To authorize monies for General Purposes (February 14, 2005) 2005 -27 To adopt, ratify and confirm the actions of City Council at its meeting held on the 14` day of February, 2005. NEW BUSINESS The City of Niagara Fall Canad� Members: RECOMMENDATION: Corporate Services Department CD- 2005 -01 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario February 14, 2005 Re: CD- 2005 -01 Request for an Exemption Under the City's Animal Control By -law (2002 -129) 5781 Ellen Avenue Greg Frewin Theatre Applicant: Art Frewin Productions Inc. Dean lorfida City Clerk That Council approve the request for an exemption by adding 5781 Ellen Avenue to Schedule "E3" of By -law 2002 -129 (Animal Control By -law); and That the Humane Society be permitted the opportunity to inspect the premises; and That the exemption is reviewed by staff after a year. BACKGROUND: On September 20, 2004 Council approved PD- 2004 -81, to permit a dinner theatre /restaurant at 5781 Ellen Avenue, conditional upon the occupancy of the dinner theatre /restaurant being limited to 610 persons. The property owners have found a tenant for the theatre: a Las Vegas -style magic revue show. The major performer is Mr. Greg Frewin, a Canadian magician who has plied his trade in Las Vegas for a number of years. Part of Mr. Frewin's act involves tigers. Animal Control By -law (2002 -129) Under By -law 2002 -129, with certain stipulated exceptions, no owner shall keep an exotic animal in the municipality. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 14, 2005 2 CD- 2005 -01 Schedule "E2" of the by -law classifies all felids (such as lions, tigers, and cougars), except domestic cats, as exotic animals. Schedule "E1 section 10 of the by -law states that any person may apply to have any lands or premises added to Schedule "E3" (lands exempted under the by -law) by appearing before Council and establishing to the satisfaction of Council that he or she intends to keep the exotic animal for purposes of an agricultural operation, public exhibition and display or a rehabilitation centre. (The lands currently exempted under the by -law are Marineland and Pyramid Place. There has been some considerable debate whether Mr. Claude Haggerty had an exemption for the Ort Road property he rented. A search of minutes and records revealed that Mr. Haggerty did request an exemption under the former Exotic Animal By -law (95 -237) and it was granted by in May 1996. It is staff's understanding that Mr. Haggerty has left the City). Application for Exemption The applicant, Art Frewin Productions Inc. (father of the magician), has requested an exemption under the Animal Control By -law for 5781 Ellen Avenue. Staff considers the application to fall under the description of a public exhibition and display of exotic animals. The tigers will be permanently housed in another municipality. They will be transported by truck to the theatre daily. Within the truck, the tigers will be contained in steel transport cages that meet USDA standards. Naturally, the cages will be locked. Upon arrival at the theatre the cats will be rolled off the trucks onto the loading dock where they will immediately be placed in the holding pens. The applicant will have two trained experienced animal handlers /trainers at all times with the cats. The magician and stage hands are experienced with these animals and all stage hands will be trained to use bear pepper spray and proper emergency procedures. As his letter states, Mr. Frewin is confident that with expert animal trainers and procedures in place there should be no fear of escape or incident. It should be noted that there will be no more than four adult cats on the premises at any given time but generally only three. The cats will be at the theatre for between one and a half hours and three hours a day with a half hour travel time. Process In light of the fact that the Greg Frewin Theatre is a commercial venture, staff sought, and the applicant complied with, a request for an application fee of $600 to offset the cost of advertising a notice in the Niagara Falls Review. Although not mandated, notices were also delivered to nearby residents similar to provisions that are followed under the Planning Act. Staff does anticipate future requests for exemptions under the Animal Control by -law. Claws and Paws, the Animal Shelter, have provided a letter requesting relief from the restriction on the number of cats permitted under the by -law. February 14, 2005 3 CD- 2005 -01 Staff also felt that it was pertinent to have the applicant address certain issues or questions that we anticipated. A letter was sent to the applicant and he dutifully responded with full particulars. Comments Staff is supportive of the request. The applicant should not be punished based on the conduct of others who have possessed exotic animals within City limits. Also, the Las Vegas styled revue will provide visitors with another entertainment option in the community. The Victoria Centre BIA, for example, sees the Greg Frewin Theatre as the type of attraction that will extend the average stay of a visitor to Niagara Falls. The Humane Society was critical of an original proposal that would have seen the animals permanently housed in Niagara Falls. The applicant has since decided to permanently house the tigers outside of our community. With regard to the request for an exemption at the Dinner Theatre, the Humane Society's Manager stated the following: (the application) sounds fine as long as they actually follow the emergency plan and its associated (staff) training requirements. We still would ask for right of inspection, firstly to see if the cages are being maintained as laid out and secondly for humane requirements." Discussion with the applicant has indicated that they have no difficulty with inspections by the Humane Society. At the time of the writing of this report, staff did receive one letter of objection arguing that the City should not become a circus and that such shows are against an animal's nature. The applicant has provided a number of support letters. City staff has no objections. The use and zoning of the property are not an issue. One -Year Review This may seem onerous to the applicant considering the significant financial investment they have and will continue to incur. Staff, however, see the review no different from the business licensing regime which requires businesses to renew licences on an annual basis. If the applicant conducts his business in a professional and incident free manner then the review should be a mere formality. Of course, if the permission is abused Council reserves the right to remove the exemption. CONCLUSION: Although the City's Animal Control By -law does not allow the keeping of exotic animals, it does contemplate exemptions for public exhibition and display. The most obvious example is Marineland, which displays and has exhibitions of exotic animals. The applicant has complied with all the requests asked of him by staff There is no compelling reason to refuse his application, other than possibly having a philosophical problem with any display of exotic animals. Fr February 14, 2005 4 CD- 2005 -01 Regular inspections by the Humane Society will ensure that the applicant is operating in a lawful and humane manner. Finally, the Las Vegas -style revue will be an additional entertainment option to the many visitors to our community. Recommended by: Dean Iorfi City Clerk Approved by: v., T. Ravenda Executive Director of Corporate Services Respectfully frc John MacDonald Chief Administrative Officer 1. In this Schedule: "Agricultural Operation" means a business operated outside the Urban Boundary for the principal purposes of agriculture and which involves a commitment of finances, time, size, and scope and with a reasonable expectation of a profit; "exotic animal" means any animal or animals of any class and classes listed on Schedule "E2" attached to and forming part of this By -law; "Rehabilitation Centre" means a facility established for the care and treatment of injured, sick or orphaned animals with the objective of restoring the animals to their former capacity or function and then returning and releasing them to their natural habitant. 2. No owner shall keep an exotic animal in the Municipality unless those animals are kept: (a) in a Veterinary Hospital under the care of a licensed Veterinarian; (b) on the lands and premises of the Humane Society and the Ontario Society for the Prevention of Cruelty to Animals, and such lands and premises, as maybe required by the Humane Society or the Ontario Society for the Prevention of Cruelty to Animals, to house or shelter exotic animals, on a temporary basis, because of space or special requirements; (c) 8 SCHEDULE "El" EXOTIC ANIMALS on any lands and premises listed on Schedule "E3" attached to and forming part of this By -law; or, (d) in accordance with the provisions of this Schedule. 3. Unless otherwise permitted in this Schedule, no owner shall keep an exotic animal in the Municipality. 4. Notwithstanding section 3, every owner who successfully registered an exotic animal pursuant to By -law No. 95 -237 shall be entitled to keep the exotic animal until the exotic animal dies or is otherwise disposed of. 5. All registrations for exotic animals are non transferable. 6. No person shall be required to register the keeping of an exotic animal, if the exotic animal is kept on any of the lands and premises set out in section 2(a), (10, and (c) of this Schedule. 9 7. Exotic animals may be kept at an agricultural operation, where the agricultural operation is listed on Schedule "E3". 8. Exotic animals may be kept on lands and premises where exotic animals are kept for public exhibition and display as part of a commercial establishment and which lands and premises are listed on Schedule "E3 9. Exotic animals may be kept at a Rehabilitation Centre, where the Rehabilitation Centre is listed on Schedule "E3 10. Any person may apply to have any lands or premises added to Schedule "E3" by appearing before Council and establishing to the satisfaction of Council that he or she intends to keep the exotic animal for purposes of an agricultural operation, public exhibition and display or rehabilitation centre. 11. Exotic animals may be temporarily kept on the lands and premises used for a circus or similar exhibition and display of exotic animals provided that Council has given its prior approval for the lands and premises to be used for such a circus or similar exhibition and display of exotic animals. Dean Iorfida Clerks Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Dean Regarding your questions; rt Frewin Productions Inc vvwvv.gregfrewintheatre_com 5781 Ellen Avenue Al anna �r gregfrewintheatre.com Niagara Falls Art rz gregErewinthea Ere _corn Ontario, Canada January 21, 2005 EXEMPTION UNDER MUNICIPAL BY -LAW 2002 -129 ANIMAL CONTROL BY -LAW for 5781 Ellen AVENUE Regarding your letter of January 12, I was surprised to read that this is the first request under the City's animal By -law as I was mistakenly informed that this permission had been granted to others in the past. As I mentioned to you we are here to act as good corporate citizens and to be an asset to Niagara Falls. We only have one request, that we be treated even handedly and all such similar requests be handled the same as ours. We are aware of another performer, a good friend of ours from Las Vegas, who will be or has already approached the Casino to perform with white tigers. I am sure you agree it would not be fair if council turned our request down and then gave permission to a traveling show because the Casino requested it. A traveling show cannot provide as much security with their animals as they will be in unfamiliar surroundings and would not have permanent caging in place. Some of the questions you asked are things we intend to proceed with if we receive permission from the council I am sure you agree it would not be prudent for us to spend large amounts of money on the speculation we will receive exemption. L2G 3P8 905 356 0777 866 779 8778 Alanna Frewin Art Frewin I) A set of building plans and site plan are included showing the area the cats would be in the theatre. The cats would at no time come into contact with or enter into public areas but would enter the theatre at the loading dock and go no farther than the adjoining stage area. Please note the cats will never be housed on the premises but caged in temporarily holding pens of 10' x 7' (USDA standards) on the loading dock Note these pens have not yet been constructed as they would have no use if our request were turned down but would be permanently constructed within a week or so of our receiving permission. 2) We have not taken possession of the truck that we would use to transport the cats to the theatre but include a letter from the owner of City Chev in Hamilton and a picture of the type of truck we would use. We would have the cats in steel transport cages (USDA Standard) on wheels and securely locked. The transport cages are an approved size for moving such animals and will be constructed within a few days of our receiving an exemption. .Upon arrival at the theatre the cats will be rolled off the trucks on to the loading dock where they will immediately be placed in the aforementioned holding pens. 3) We have not as yet purchased the insurance as the risk is not there yet. We will have the maximum amount of insurance we can purchase (at least one million) but it must be understood Insurance Companies are restricting the amount of insurance you can purchase because courts have been awarding settlements to the total insured amount. I don't believe the $5 million dollar amount you mentioned can be purchased. 4) We will have two trained experienced animal handlers /trainers at all times with the cats and of course while on stage the magician is experienced with these animals and all stage hands will be trained to use bear pepper spray and proper emergency procedures. Only one trainer/handler has been hired at this point as we will have no need for a second until we obtain an exemption from council. Mark has two years university training in California at the most comprehensive exotic animal university in North America, if not the World. It is my belief that we have the best training, advise and handling available to our company. Mark is in direct contact and friends with the best veterinarians and exotic animal handlers in North America and I have ever confidence in his advice and ability. Note Mark is not a public speaker which is not a basic requirement in handling exotic animals, this is why I have not exposed him to the human form of exotic animals. See Mark's bio and letter from his professor. 5) There will be no more than four adult cats on the premises at any given time but generally only three. We will have nights with one show but more often two shows a night depending on the season. The cats would be at the theatre between 1 1/2 hours and 3 hours with 1/2 half hour travel that is not stressful as properly trained animals enjoy human contact with the trainers. Generally the cats are stressed more on the days they are not used in the show and the handlers have to spend extra time playing with them at their place of housing. Our animals love human contact with their handler /trainers. 6) We never foresee any animal ever getting away as they are double caged/housed at all times, the animals are all trained to sound and associate special sounds to food, such as a clicker or buzzer, the trainer we have at this time is trained in tracking but has never had the opportunity to use it. I would like to point out, there has never been an escape from any reputable exotic handler or zoo in North America e.g.. there were four exotic cat shows in Las Vegas, there are thousands of cats in reputable zoos all over North America with no escapes. Only the untrained amateur back yard exotic pet owners have had such escapes and it is unfortunate that Niagara Falls fell pray to such an incompetent exotic animal owner, let alone a very bad magician. In conclusion to our knowledge we have the very best security and safety measures known to man in place with trained handlers /trainers employed to handle the cats. We have never had a problem and do not anticipate one as all our staff are professional in their approach. Our animals would be double caged or housed at all times in proper steel enclosures with proper locks. We come to Niagara Falls which I believe to be one of the top tourist areas in the World, to present World class entertainment of the type being presented in major tourist centres all over the World and of a type that is not new to Niagara Falls but has been unfortunately very poorly presented here. We are not here to reinvent the wheel or clash with the people of Niagara Falls but as I have already mentioned, to be good corporate citizens and an asset to this community. If the people of Niagara Falls totally rejects this type of entertainment, we can and will abide by their decision as long as this type of activity is not allowed to anyone else, for any reason. Respectfully submitted Art Frewin ART FREWIN PRODUCTIONS INC. THE GREG FREWIN THEATRE EMERGENCY PLAN We will ALWAYS have two cat handlers with the cats at all times. The cats will always be "fed up" before the shows. When a cat is full they are much more placid and content. Each handler will always have a "treat bag" on their tool belt. The treat is a training tool and keeps the animals interest in the handler. Each cat will always be wearing a collar and leash at the theatre. Each handler will always carry a can of bear spray. This is a special pepper spray which stops a cat instantly AND effectively changes it's "train of thought That is: IF a cat is in defensive mode the spray instantly halts all ability to act (as they cannot see, temporarily) AND instantly subdues all aggressive instincts. The cat can then be, very quickly, contained and returned to it's holding pen. It would then be treated and reassured it is safe and cared for. At no time, will anyone other than the handlers and Greg be allowed into the cat holding area at the theatre. The cat holding area will have doors that can be secured quickly and easily. Our cats will be spayed, neutered and declawed. As with all animals the spay and neutering has a great calming effect on their over all demeanor. ON STAGE TRAINING: 1. It is common practice to train large animals with an electric wire fence to "imprint" barriers. For training purposes only, a wire will be used to establish a barrier at the front of the stage. Once the cat is trained to this barrier it will not cross this line even when the wire is not in place. 2. The cats will be specifically trained to their positioning and routing while on stage. They will be aware of the handlers positions and Greg's position. EMERGENCY PLAN A CAT IN DEFENSIVE MODE WILL NOT CHARGE THE AUDIENCE. A room full of people is a threat to them. A frighten cat will instinctively seek shelter and not rush into a crowd. IF a cat becomes frighten on stage: 1. The cats handlers will immediately position themselves between the audience and the cat and take measures to subdue it. 2. All front curtains will be immediately closed. There will be two main front curtains that can be closed very quickly in case of an emergency. The stage manager and stage hands will be well versed in this procedure will be instructed to be on alert during every cat routine. 3. The stage hands will also have access to bear spray positioned in convenient places back stage and be well versed in it's use. 4. All unnecessary stage personnel i.e.. dancers will be instructed to move quickly back to their dressing rooms. 5. The back stage area will always be completely secure during the show making it impossible for the cat to escape. 6. "Front of House" personnel i.e. m'aitrade, and serving personnel will be instructed in audience emergency management. They will also have emergency bear spray. This spray will be placed in key area's only during show time and where the general public will not have access to them. (All sprays will be accounted for and secured at the end of every show.) 8. During cat illusions house personnel will be placed close to the stage to prevent an audience member from attempting to approach the animals 6. As soon as the cat is contained it will be taken back to it's holding pen and gently quieted. 7. IF a cat presents temperament at any time during a show which the handlers deem a safety issue for the audience, show personnel and the cat itself, the animal will be left in its' holding area and the illusion will not be performed for that particular show. 8. IF a cat becomes distressed it will be given a break from the show until it is ready to perform again. 9. IF one of our cats displays signs of being distressed constantly during a show we will no longer have it perform. 10. We pride ourselves in taking the up most care of our animals. We believe in training with Lots of love and positive reinforcement. These creatures are absolutely incredible and to spend any time with them only reinforces how amazing and beautiful they are. We look forward to bringing them to the public in an atmosphere that is safe and entertaining and also educational. We truly feel that people retain more information in a relaxed atmosphere and we will take this opportunity to be informative, as well as entertaining. Chevrolet Oldsmobile January 19, 2005 To Whom It May Concem: Please be advised that Arthur Frewin has arranged with our company to lease him a vehicle that will be used for transporting a group of tigers that will be used for his company's production in Niagara Falls. The vehicle will be a medium duty truck with a 24 foot fully enclosed box. It will be equipped with a roll up door which can be secured and locked as well as an electric tailgate capable of lifting the animals and their cages. Mr Frewin specifically requested a vehicle that would provide the utmost security and safety for both the animal and other individuals and we are supplying the best vehicle to meet those needs. appy to supply any further information upon request. I Burroughs, President City Chevrolet, Oldsmobile Ltd. 155 Cannon Street East, Hamilton, Ontario L8L 2A6 Tel: 527 -7003 Fax: 527 -3585 Art Frewin Productions Inc. wvvw.gregfrewintheatre.com 5781 Ellen Avenue Alanna cr gregfrewintheatre.com Niagara Falls Art rx gregfrewiintheatre_com Ontario, Canada L2G 3P8 905 356 0777 January 28, 2005 866 779 8778 Alanna Frewin Art Frewin His Worship Mayor Ted Salci and Members of Niagara Falls City Council 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Members of Council EXEMPTION UNDER MUNICIPAL BY -LAW 2002 -129 ANIMAL CONTROL BY -LAW for 5781 Ellen Avenue We seek an exemption under your aforementioned by -law 2002 -129 to bring to Niagara Falls a form of entertainment as being presented in most of the World's International tourist centres such as Las Vegas, Branson Missouri and Nassau Bahamas. This type of World Class entertainment has been accepted as a favourite to a majority of the tourists all over the World and is not new to this community. We have successfully presented this type of entertainment without incident in major centres such as Las Vegas Nevada, Kuala Lumpur Malaysia and Nassau Bahamas to name a few. At all times our emphasis is upon safety and the well being of the animals we work with. We at all times transport and work with the cats in a double caged environment, that is the animals are in a cage or pen within a perimeter fence or building. In the unlikely event they were to escape their initial enclosure they would still be contained, such as in transport they are in a travel cage of the size and construction as approved by USDA, US Wildlife and Airline transport regulations within a enclosed truck which is also locked. We would be pleased to show you our theatre and in particular how we intend on safely handling the animals. We invite you to come to the facility at 5781 Ellen Avenue on Feb 10 or 11 between the hours of 1 to 3 PM to see how we intend on safely working with these animals and answer any question you might have. It is our intention to provide World Class entertainment to Niagara Falls and at the same time be good corporate citizens. Sincerely Art ewin Producer House of Commons Room 117, Confederation Building Ottawa, ON K 1 A 0A6 December 14, 2004 Mrs. Debbie Wulff 3569 Valour Crescent Niagara Falls, Ontario L2J 3E2 Dear Debbie: Niagara Falls 2895 St. Paul Avenue, Unit 11 Niagara Falls, ON L2J 2L3 Tel: (905) 353 -9590 Fax: (905) 353 -9588 E -mail: NichoRI @parl.gc.ca Thank you very much for informing me about your involvement with your brother's enterprise to bring a new entertainment show to Niagara. I know your brother has been involved in the entertainment business for a number of years and has traveled quite extensively and successfully. It sounds like an exciting venture that he is bringing to Niagara Falls. It is my understanding that it will be located in the former Woodstream building and will be known as Niagara Falls Entertainment. The show will take place in the Greg Frewin Theatre. I know the members of your family to be responsible individuals and I have no doubt that any act or project that you and your family are associated with will maintain the highest standards of care, quality and good taste. ry truly, R Nicholson, RN *ta CANADA HON. ROB NICHOLSON, M.P. NIAGARA FALLS tulations again on your new venture and best of luck. Tel: (613) 995 -1547 Fax: (613) 992 -7910 E -mail: NichoR @parl.gc.ca Fort Erie County Fair Mall 200 Garrison Rd. Unit 13 Fort Erie, ON L2A 556 Tel: (905) 871 -9991 Fax: (905) 871 -5046 December 10, 2004 City of Niagara Falls P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Frank LaPenna Chairman Victoria Centre B.I.A. P.O. Box 841 Niagara Falls, Ontario L2E 6V6 Phone 905- 358 -7137 Fax 905- 358 -5891 Re: Art Frewin Productions Inc. The Greg Frewin Theatre Please accept this letter of support for the approval of an Exotic Animal Exemption Status for the property at 9825 Ort Road I am thrilled to have an attraction of this caliber locate within our BIA, not to mention the substantial investment and improvement to such a significant property. In reviewing the promotional print information provided to us, prominently featuring the Tigers, it is easy to realize the value the Tigers will add to the entire production. The Tigers increase creditability to the show bringing it to the same level as a Las Vegas Review Show. The impact of this level of Attraction is exactly what we need to support our efforts in extending the average stay of visitor's to Niagara Falls Although I am not qualified to comment on any direct requirements for this particular request, I am familiar with this property and its history. Through my conversations with Alanna Frewin, particularly in regards to the proposed improvements to the Ort Road property and their professional experience, I am confident the Frewin's efforts will satisfy any concerns. VICTORIA CENTRE BIA December 13, 2004 Mr. Dean Iorfida Clerk City of Niagara Falls P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Re: Exemption from Exotic Animal By -Law Art Frewin Productions I am writing in support of the exemption under the City's exotic animals by -law requested by Art Frewin Productions Inc. I have had a working relationship with Mr. Frewin and his family since May 2004. Over this time, in my capacity with the Niagara Economic Tourism Corporation, I have been assisting them to establish their entertainment venue in the City of Niagara Falls. I am of the opinion that this world -class Las Vegas Family Magic Review Show is needed in the Niagara Falls tourism market to compliment the casino gaming venues. It satisfies a void that has become very noticeable to visitors looking for other forms of entertainment. The show's star attraction features white tigers and will be used extensively to promote the show. Every tourist attraction has a "hook the tigers play that role for the show. As more people attend the show, the rest of the City's tourism businesses will also benefit by their patronage. Although I am not an authority, I believe that these animals will be treated to the highest standard of care given their vital importance to the show's future success. I believe strongly that this high calibre entertainment is only the beginning of a new wave of entertainment venues for the City of Niagara Falls Given the role that this venture plays in terms of future tourism development in the City, I would offer my support for the requested exemption to the City's Exotic animal by -law. Sincerely, Renato Romanin Senior Economic Development Officer Copy: P. Gedge, CEO, NETC G. Hardy, Tourism Manager, NETC S. Felicetti, Director Business Development, City of Niagara Falls JACL-QN December 28, 2004 Mr. Dean lorfida Clerk City of Niagara Falls P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Re: Exemption from Exotic Animal By -Law An Frewin Productions I am writing to support the application for exemption under the city's exotic animals by -law requested by Art Frewin Productions Inc. Mr. Frewin and his family have been working diligently during the past year to open a world magic show and venue in Niagara Falls. One of the main features of the show features white tigers and they represent a major part of the show's attractions and appeal to both the community at large and to quality family entertainment. The show itself is most unique and will offer high quality Las Vegas style entertainment in Niagara Falls. The Frewin family is known and represented in the theater entertainment field for their caring and unique support given to the animals that are such an important part of their show. The sensitivity of the Frewm family to their tigers is such that they are planning to create a sanctuary for them on their property just outside of Niagara Falls catering to the well -being of the tiger species that form such an important part of their show. I also believe as a consultant to commerce, industry and tourism in the Niagara Region that this show will be spectacular and a major boost to the economic and tourism industry of Niagara. Under these circumstances I would ask that the City of Niagara support the exemption as requested by Art Frewin Productions. r t` J Lonergan lac n Group Ovett Copy: P.Gedge, CEO, NETC G. Hardy, Tourism Manager, NETC S. Felicetti, Director Business Development, City of Niagara Falls Honorable James Bradley, Minister of Tourism and Economic Development, Government of Ontario 3644 Bloor Street Wert, Box 292, Toronto, Ontario. Canada MIX 2Y$ Telephone 414-231 -1377 Fast 416-237-0634 rifll ?Fl Nlnlatr 7F9R/C7QTb sb:r..tl '.Rc7. /Grl /Tn 5781 Ellen Avenue Dean lorfida RE: Application for Exemption Under Animal Control BY -law From: "Valerie Brown" <rustytom @lastmilenet.ca> To: "'Dean lorfida diorfida @city.niagarafalls.on.ca> Date: 1/31/2005 3:40:30 PM Subject: RE: Application for Exemption Under Animal Control BY -law 5781 Ellen Avenue Hi Dean: I have read the attached document. Comments from the Niagara Falls Humane Society perspective would be: it sounds fine as long as they actually follow the emergency plan and it's associated (staff) training requirements we still would ask for right of inspection, firstly to see if the cages are being maintained as laid out and secondly for humane requirements all of the comments we forwarded in the original application still apply here Also, senior staff and Alderpersons should be clear that, even though they speak of "their cats the Frewins have never actually owned or cared for cats they may have used in shows before. Their experience seems to only be using the Kansas Sanctuary's cats in shows (as fundraising endeavors). Valerie Brown Original Message From: Dean lorfida [mailto: diorfida @city.niagarafalls.on.ca] Sent: Monday, January 24, 2005 10:15 AM To: Bob Judge; Geoff Holman; John Castrilli; Ken Mech; Serge Felicetti; William Clark; rustytom @lastmilenet.ca Subject: Application for Exemption Under Animal Control BY -law 5781 Ellen Avenue As anticipated, an application for an exemption under the City's Animal Control By -law has been received for the proposed dinner theatre on Ellen Avenue. Please find attached the correspondence from the applicant and the plans of the facility. Please provide me with any comments your department might have by January 31st, so I can bring a report forward to the next Senior Staff meeting. Thanks Dean Page 1 December 1, 2004 Dean lorfida Clerk, CBy of Niagara Falls Dear Dean: NIAGARA FALLS HUMANE SOCIETY 6025 Chippawa Parkway, Niagara Fa11s, Ontario L2E 6X8 Telephone (905) 356 4404 Fax (905) 356 7652 Incorporated April 8, 1937 I have been asked to forward you an opinion regarding the Frewin application for exemption to the exotic animal by-law for 9825 Ort Rd. OSPCA Inspector Don Horvath and I met with Alana and Art Frewin on December 1, 2004 to review their plans for The properly. Based on the information given to us we are of the following opinion: The Society is seriously concemed about the possibility of an exemption emboldening others to ignore the by-law (we ore aware of at least one other person who is in direct violation) The Society is seriously concerned with the public safety considerations inherent with big cats. You probably recall Claude Haggerty's jaguar escaping from the above property requiring response from the police, the humane society, and the Erie County Sheriff's helicopters. You probably are web aware chat we have charged Claude Haggerty criminally regarding the care of his big cats. Public opinion has been very supportive of this and may take a very dim view of an exemption by the City of Niagara Falls. If the City decides to approve the exemption they must have an emergency plan in place If an escape was to occur (including funding). If an escape was to occur the exemption should be withdrawn immediately. Further, If the City decides to approve the exemption they should include the right of inspection by OSPCA Inspectors/Agents. Failure to comply with inspection should result in the exemption being withdrawn. This inspection would be to ensure the proper care of the cats as weN as ensuing the security of the facility. This inspection right should extend to the property at 5781 Ellen Ave. Thank you for your time and consideration. Sincerely, Valerie Brown General Manager OSPCA Inspector "WE SPEAK FOR THOSE WHO CANNOT SPEAK FOR THEMSELVES" www.niagarafallshumanesociety.com Jan -31 -05 10:16am From ENBRIDGE Mrs. 1Gathryn: M. Stewart 3285 Weaver. Road RR #3 Niagara Falls,'ON_ 1.2E 6S6 January 30 42006 Mr_ Dean lorfida, City:Clerk City of Niagara Falls;'' P.O. Box 1023 4Si0"QueenIStFeet i Niagara Fella, ON. L2E 6X5 RE: :'Request for. Ezemption'to ;City ;Ity -law 20021 Animal Control By -Laike Ober Mr.: Deah.ibrfida: III4G.FALLFLERI Regardingithe'above.exemption. We this Lavvfoil the purpo t i I Wefeel the �Gity the; doci lines., The next thing Will he eXotic dan snakes 'in their act It took many. years; to get5uch:'a By-Law a step backrvaril. Our..C.gty+ snouldi Id animials:suffer stress being, ca ageinst:theeir nature. it is Only a matter 1 making a dengerous,anithal. Sincerely 8057803713 7 -656 P.001 /001 F -8g8 o like:to state that we are against any e stated: to inanyi. requests along the Same wanting perrnisSiOn to use large or the City and this would de inifieiy bei come alcircus tap put itself 0? the map. ed and lnadd to do .tricks which is time when th'e stress beginsito show 1 3 Niagara Cary Falls( of Niagara Canada Members: Corporate Services Department CD- 2005 -02 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: diorfida©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario February 14, 2005 Re: CD- 2005 -02 Proposed Elected Officials Immunity Act 2004 RECOMMENDATION: For the consideration of Council. BACKGROUND: Dean Iorfida City Clerk At the January 17t 2005 Council meeting there was a correspondence in the information package regarding the Elected Officials Immunity Act 2004, a Private Members' bill proposed by Jerry Ouellette, M.P.P. Council asked that staff bring back more information on the proposed piece of legislation. The Bill, if passed, will provide members of municipal councils and school boards the same speaking privileges, immunities and powers presently given to members of the Legislative Assembly or Federal Parliament. The attached article by noted libel lawyer David A. Potts sets out the distinction between the privilege afforded to members of Federal and Provincial parliaments versus that afforded to municipal councilors: "MP's and MPP's are protected by a defence of absolute privilege, which means that, not only can they make false statements, but they can make malicious statements within the House of Commons and the Provincial Legislature without being sued for libel." The Potts' article, quoting case law, outlines qualified privilege: "(a councillor) may, without incurring legal liability, make statements about another which are defamatory and, in fact, untrue. On such occasions a man, stating what he believes to be the truth about another, is protected in so doing, provided he makes the statement honestly and without any indirect or improper motive. These occasions are called occasions of qualified privilege." Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 14, 2005 (An excerpt from the book Open Local Government 2 by M. Rick O'Connor is included. It provides reference to a number of cases on the privilege issue). It could be argued that municipal councilors should not need the defence of absolute privilege. Councillors should make all efforts not to utter false and malicious statements. Nonetheless, A.M.O., in a presentation to the Provincial Standing Committee on the Administration of Justice in 1994, argued that municipal councillors should have the same safeguards afforded to them as their Provincial counterparts. CONCLUSION: It is arguable whether municipal councilors need to have the statutory protection of absolute privilege. Nonetheless, A.M.O. has supported such legislation in the past. It should be noted, however, that rarely do Private Members' Bills, sponsored by minority party members, succeed. Recommended by Respectfully)ubmitted: Dean Io da City Cl rk Approved by: -Fp-_ T. Raveiida Executive Director of Corporate Services 2 CD- 2005 -02 r 6 0 John MacDonald Chief Administrative Officer `riN® V Ontar LEGISLATIVE ASSEMBLY JERRY J. OUELLETTE, M.P.P. Oshawa December 14, 2004 Mayor Ted Salci Council P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Council: I am pleased to be able to provide you with a copy of my Private Member's Bill, the `Elected Officials Immunity Act 2004', which I introduced in the Legislative Assembly of Ontario. This Bill, if passed will provide elected members of municipal councils and school boards the same privilege, immunities, and powers presently granted to members of the Legislative Assembly. The legislation is designed to assist elected officials and municipalities by allowing more freedom of speech and public debate in chamber settings without the reprise of court action. Any support or assistance that you can provide would be greatly appreciated. Please contact your local MPP as well as Premier Dalton McGuinty of your endorsement of this Bill. I look forward to your valuable input and appreciate all your support. Yours Sincerely, 0 Os awa HMG: FGLL'.. CLERKS '.Jr JAN 1 7 2005 fit r-y 1, C oov �ro Queen's Park Office: Rm. 428 Legislative Building Toronto, Ontario M7A 1A8 Tel. (416) 325 -2147 Fax (416) 325 -2169 E- mail :jetry_ouellette @onlla.ola.org we bsite:www.oshawampp.com Constituency Office: 170 Athol SL E. Oshawa, Ontario L1H 1K1 Tel. (905) 723 -2411 Fax (905) 723 -1054 Elected Officials Immunity Act, 2004 EXPLANATORY NOTE The purpose of the Bill is to extend to elected members of municipal councils and school boards those privileges, immunities and powers presently enjoyed by members of the Legislative Assembly of Ontario. BILL An Act to provide elected members of municipal councils and school boards with certain privileges, immunities and powers 1st Reading Mr. Ouellette (Private Member's Bill) 2004 PROJET DE LOI Loi octroyant certains privileges et pouvoirs et certaines immunites aux mernbres elus des conscils municipaux et des conseils scolaires rc 1 lecture M. Ouellette (Projet de loi de depute) Qualified Privilege for Municipal Councillors Page 1 of 3 Qualified Privilege for Municipal Councillors One of the most frequently asked libel questions by municipal councillors is whether they have the same immunity from libel actions as do Members of Parliament and Members of Provincial Parliament. The short answer is "They don't MP's and MPP's are protected by a defence of absolute privilege which means that, not only can they make false statements, but they can make malicious statements within the House of Commons and the Provincial Legislature without being sued for libel. This defence really has its roots in English constitutitional history in the english civil war in the 1640's and the battles between the courts and parliament fought for nearly two hundred years over the issue of whether freedom of speech constituted a parliamentary privilege. Gatley on Libel and Slander, 8th edition, para. 422. The Bill of Rights, 1688, article 9, states "that the freedom of speech and debates on proceedings in parliament ought not to be impeached or questions in any court or place out of Parliament There is no such absolute privilege for statements made by municipal councillors in the council chambers. They are only entitled to qualified privilege, which has been described by a leading text on libel as follows: "There are occasions upon which, on grounds of public policy and convenience, a person, may, without incurring legal liability, make statements about another which are defamatory and in fact untrue. On such occasions a man, stating what he believes to be the truth about another, is protected in so doing, provided he makes the statement honestly and without any indirect or improper motive. These occasions are called occasions of qualified privilege, for the protection which the law, on grounds of public policy, affords is not absolute but depends on the honesty of purpose with which the defamatory statement is made." Galley supra.para. 441 The privilege can be lost if the court considers either the statements exceeded the privilege or that the speaker was motivated by malice. Malice is a complicated term and means more than ill will. It can involve a number of different matters http:// www .cyberlibel.com/muncouncil.html 2/4/2005 Qualified Privilege for Municipal Councillors Page 2 of 3 but it, primarily, is considered to mean an improper motive. Several judges have eloquently described the basis of the application of this defence to municipal councillors. Riddell. J.A. in Ward v. McBride (1911), 24 O.L.R. 555 at 568 (C.A.) speaking with reference to the office of aldermen: "Aldermen are legislators in as true and in mane instances as important a sense as members of Parliament or of the Legislature it is their right and their duty to speak their mind fully and clearly without evasion or equivocation they should show no fear, favour, or affection; and it is their duty, as well as their right, to use all legitimate means, oratorical or otherwise to impress their fellow legislators with the righteousness of their views they have no need to be mealy- mouthed and should call a spade a spade." Lord Di lock in Horrocks v. Lowe (1974) 1 All E.R. 662 at p. 671 uttered similar sentiments: Mr. Lords, what is said by members of a local council at meetings of the council or of any occasion. The reason for the privilege is that those who represent the local government electors should be able to speak freely and frankly, boldly and bluntly, on any matter which they believe affects the interest or welfare of the inhabitants. They may be swayed by strong political prejudice, they may be obstinate and pig- headed, stupid and obtuse, but they were chosen by the electors to speak their minds on matters of local concern and so long as they do so honestly they run no risk of liability for defamation of those who are the subjects of their criticism." While the courts are often quite willing to consider statements made in municipal council chambers protected by the defence of qualified privilege, occasionally the privilege is lost, as in a recent decision of the Newfoundland Supreme Court. In this decision, the individual councillor was reported to have said that the plaintiff had deliberately lied to the Minister and to the Premier. The court said that although municipal council proceedings might not attract qualified http:// www .cyberlibel.com/muncouncil.html 2/4/2005 Qualified Privilege for Municipal Councillors Page 3 of 3 privilege there was no duty on the councillor in this case to communicate that the plaintiff had deliberately lied to the Minister. Neither the public nor the other members of council had any corresponding interest or duty to receive the information. Consequently, the defence of qualified privilege failed and the plaintiff was awarded $12,000.00. Article written for Municipal World December 1997 by David A. Potts Home About David Potts Services for Lawyers Services to Clients What is Libel and Other Questions David Potts in the News Authored by David Potts Libel Reference Materials Sign our Guest Book Disclaimer http:// www .cyberlibel.com/muncouncil.html 2/4/2005 U vz, 0 W 0 0 q .d g y O w O p O w 0 A N q •g d 0 p 3 w y G p v d N O L. q itl O id O El 0 0 G Z O V tl 0 t- C p q 0 W t id 74 al 0 i ii .G P v o w d o :H p C oy a Q O 8 U N 4 4 w° q h w w .q n 8 2,0 cc m y O C U p y O 0 .d �7 q p ti m OO 7 q Y� o y O p 61 t N• U V A• W O v 0 0 0 0 .0 O ,d Ot E 0 o N d 0 0 0' CO o R m v 0 N o. 0 0 .y >,2U'« 1 0 v� m a o •q m y 01 O h v cl. y o y3 0 m O y 0 0 W a o p cC 0 3 a C h O 0 d q m m m O •L •d .4 W 0 q U 0 .a d <�.2 f� 8w" a Q c'S cn a P 1 p v o ti u. L'' t a w 0 v T N m c., a l U o N D N O O N U p y U w N W 4 b a�i t F O d 'd m y y G. y m b y a D\ 0. 2 N a q v 3 2 o o a a 40°00 v 3 p y N s v y •v a, v v x •5 °'0 0 O 0 a Y v y E a 3 i n NN't �,_a ayW d O wyyO a 'C• O m 5 m 3 v a a .E c m 3 3 U o yv v E o. o a "9 v d° N 0 .z o 8 o o 0, a 0 0 0 0 0 4 3 o r, 4. U W 'a m m 0 0 0 00 .0 W m O 41 O a y m m am y W b U N 2 N T y O •O q JO m T 4, N O N O .0 N U m N en 1 W y 8 0 U g .55 0 o E o a d 2 N g F. I 'V o q d G Ty d 9 .D V 3 T e5 v O a o W 0 0 W O D N m O m y N y N y m a O 00 U y O q m g m TI' U o N E N U U U ri N U O re) Al p d y v a b 5 m o y w °0 d 9 .t7 U U v C M a q v w S U v N i 0 A b 1. v p a laA .2 3 o v 0 a si ,s 0 �0 GE b a -I car,.: a 'O i v E 'm ,,,Cr 74, te n.5 v 11 ,E o .E v 0 a j w d m 0 0 E °p 03 0 I- 11. y E 'S o g .5 m N 7; E o „,7 a m A m v w o d 0 c, v ou 0 g o •o E ta E ast v '5 s 'y 3 v x 0 3 .E v '5 o> v a v w a N v o v o N d ,n is ,g o v pop „is 7, v v E o C a W 8 +'a- 7 11 7 v m C� v am E 0 o e E� 5 c o E a v y a 0 11" 0 m° r L 7 o a O. •o N to ta w, a a Y wo P y v v v e v o 0 3 V •2 a 3 b 5 m 0 F x 0 10 N N a o 1¢ 11..4 3 id q o a. m v 'Li I) a)� O U N N O y A d G. •p• ro U A q id U N m P N E 0 c. o 'O E N y a E..1 5, vi GO m d N 0 E C >1 N U 5. 4 0 0 0 t o m 0 t u a,m 0. N E- N` y ).-.5, N a N •O 0 OA 0 o q N q q y°.0 o v. 0 3 o°n o t v E .E C (a E a) v N N O U y U y 'O N N m 0 00 h 0 O .b to- r 0 m O 0 U. 0 0 04 4.4 �o.2 yo W v 00 0 x N d 0 O 0 0 1.3 a o m 3 .a 0 v A 0 y q j 7 of m 0.0 0 3 O b .t E .N, 0 m v° 0 Q .S .0 11 0 a 4- b a m U y 0 0 0 0 W N 0 0 O v 2 y eq L V a .y. o 4 O 0 0 o Ll c a 3 .0 `n, 0 p. 0 m °m 0 i N 3 m 12 7 cc 3 0>. 1 N d ED ti 0 U 0 0 ri N d U N •E2 g y x 5 8, 0 o W d 0 O 7 y U P 3 N N 0 0 y 0 N d o y •O 3 m 0 N W O 0 0 0 ,NU. 0 0 11 cal 0. ,nn ;0 0. T t- o o g 0 6 d o tO L g q m o m E a .a 5 m E n o v x y 3 o y O y O C 0 0 w 0 4, o m rn o 0 0 00 N L o g E y U b ,E 0 en 3 •0 m a 0 m N a ov O p T vi 4. 0 G 4, 0 .0 U 0 E N c m re 0 0 .0 ti 0 0 N 0 0 1.4 O v v 0 U 3 N 0 p ro N� 0 0 0. U 0 N L g r 1 L 5 j og n. a-j U Yi xi a N 'u9 $,a 4 g o 5 11 Iv Z 511 0x5.5. vs a N C L E. G u tt oW O V V• W C O y V N .ado v o fi se 0 y o. O .Oa G W^� 'ial N o 5' m =5� 1 °.5 5_:5 :Et W 6 ,FC Aaa N r O W F+ 1:2-2 RI N e ox 9 v tt.eeo 9 in 5 o lo_ y v rL fi w mt° „0 �o p u oe m yy�pp w W U E 11t O U 0 4 0 p .O C 0 t C 1 04 "O 0 m Q= y N U q d O •O y ooa m EE w p °m a 0 v c% h L E 1 8 a« O rn m A 0 •0 0 O P 0 at ro 0 y U a o i s d Y N N N 0 p 5 p w 0 0 O z o w 0 4, id Y ''o F 00 p 0 O U O Ua 0 .a a N d p h N d.q N ro a 8 'S o. y: y 4'4 w 3 0 0 00 0 0 9 ro Ego() U 0.y U Cl. 0 01 F O 4 ,a F N 44-'4 C 0 N I --1 a L ON Y a0+ .ro al Co 0 Y W C Y ro N VI i 4, ro W^ W co 'O n az ro m 02 tV I.i F .Ni .40 .0 4 'J' p •O 0 0). w 0 m 0 'a o° y x o 0 3 0 0 ,n ti 0 a q 0 C C O Y p 44. O .O+ O .0 O Y i 9 'a ti 0 N id w e o m 9 w G 0 0 y a O U y O to O- b 0 c y T 4 Y t N .0+ C Y p 0 0 m a .n T o. 0 O 3 0 0 o o Q ro .a 0 0 0,0 0 e o o o O ea 4` W ro 0 .0 .a Y Y N y 2 w O 0 O a P B 0 5 5 t a' Ii y y N O p b ro O m o u s a 5> 0 g v c O T U a'4 o 0 O b 0 O r 0° .0+ y Q'q'° is pp o0 O e y U v p a> v 9A G„0g Y70 .F o y y 0 0 V a% ea g w 0 N ro b 0 N O t b ttlr U G a'q m ^j o 0 73 a a d 0 a s y .a a 0 0 H N a 9 9 a2 Y N m'6 0 ro U al U ro N N 4. U C Q U ro b N K itl U 0 o T F NI w a 5 b U 9 3 0 n F Y o n g o C Y ro« 8 u o o a ro ro O co N N N a p y Y y 0 'O 0 b .o O O ro C T p ro A ro a .9 O co •5 a> l a. IS a m m En y U .a b.0 a 9 N 5 'O G 'S U w G .a j .3 y y O N Y 0 a Y U E N t° o m O d 0 0 a N O N N U O a. 0 0 F°" 0 Y y w 8 y 'O m d Y 0 0 N co a y Y N o -C OU .a Y ro d A N N Ci 5 N N o a ro N O m .a m 5 .5 c 9 '3 3 z y 3 'v C p m �a a y o U op e Mt d p .b y .p m p c v q .O. A F o 0 p o 0 m o m C 5 o 0 y g 'C a l w N 9¢ Q 0 w Y. y a q 0 y 'O 04 a m pp y O m a 0 y 0 .'0 0 O C b 'C 403 CO a •W� 1 .q N cc T N U N O ro 'y itl H ro I .r N y d y v y G W 0 ;a 3 a O m v a s 'o o v ro o 1 3 S° o fi 9 ii> m e 6 o 0 0 C .l 0 0 "5 c A 0 v 1 o U 0 8 a V v m y v 3-1 a t o o a T q o o c o ca ro o S a ro .0 co C a y °p CO m 0 7., 5 5 'S o al p o 3 .0 0.l Q 0, m t a N a 0 w 411 .a N y .d 0 5 E c N N O 'a UJ 4 J^ o id ..Ni a0 5 0 .0 O y O U b I 0 N a N 3 0 0 p O 5 0 N 0 3 a .a 2g a o 0 w a ro a a o y T o N m 0 .0. X 3 o 0 0 ,.8 ro 0 p t> i C C 0 0 i tO w 0 3 n a B o 0 o 9 p o y 3 9 U 4 8 3 F tc 10 o 0 0 04 N d d m b .a a Y L' .0 Y7 yy? O p ro s T o U 5 W es C F >`'m ea N X O y U In' ro d W 'i+ C r .0 N F w C .0 ro C i7 ea U U .yi 5 poi t o° o ti 0 a 0 E. N U> b te. 6 3 9 `m .9 w a N a ors n 0 w .0 7_ 7_ 0 0 0 O O 0 w O p g N a y S a g o m g O C O o ro a n Q 0 0 m a N .0 0 0 0 d 0 y 0 T U w ro N b C p ro a R w• 1. N U 9 a° 3 b V p N r d ^a N M G rr d U O Y y A Y O id 0 '"q' 7 O G Oi w a. E y g re ,O •O T T is G y m'� L�7 N 5 R� 9 itl L b o n 0 .a g 0 O w 0 a 0 v Y .d o aai 3 o .0 w 0 0 0 w 3 v 0 N y.�7� p 0 .r m P. `y O re, m O 5 Y. O 5 T g .a Y ti .O y v 1 U ro O p 4) >.0 0 y t N O O k. .n y p 5' O b N CU In rot y> .E m .9 m T e, a it a N 3 ro o ro U ro 0 0 0 3 *5 a 0 5 I'CI V "v, a v a a v ro a o o .r7 m T m H F g y p Y U m -p O -01 a 0 .y ad 9 o N a o a o 0 0 s° A 5 c p a o 0 0 .5 w a, ea .13 5 0 0 U V] 0 V V E a T V `ti w .b O a .r 4 a o o a. c. o a a. w° a d o a y 4 r a 0 E w a 'a Lt. 00 p C C? O 3 0 .0 N O O O 4 U J' 0 0 0 o•-. N CI pa E C (p 0 y b N .d p .14 43 di C 0 a 4 .a o N 2 N U 0 0 0 O U o U ta a o 3 w 'R 3 a pp a g• E d h o 'O ON" w° n e col m o 0 9 a a C 0 N N° .E co C -0 f E E C Q r:4 3 p 0 0 s�, o N. o• .n z ov v.O N b m:a o o E 2 g s2 "o> N Q Q E 8 a .n p 'd a o 4 0 0 .N o 0 N N N N y pp U U O U co o t3 E W R. 2 6'd E 3f a .0 v o ai .W I.. O b id 5 E pt "0 a 5 3 0 0 E o T c E a p m° p s v° 0 0 ai .d t° m a m v s'e y ..E 4 a 0. .n m E p p 3 o q 3 =b 3 o a o V 5 o o W K.0 0 i v 4 A Pi °d a.° o o s 2 ra.o 'n I2N o p 6V 'g au C b Va of q p 0 0 0 o o 'a F.1 5 '8 3 w 0 b a o' d iiiii Ct 5 a 84 a E v n d o 4 VOj :0 s E •a 3 p �y o a i c eo a o o °a p a •o m 0 W a W `Nd oo a) a y m 3 L y N a 00 0 V b0 CD O E O U p' E 0 N I N 'd E E F� .5 a 7.5.5 E `c E 3 a o o f a m C p R V 0 0 0 0 5 d 'S a .d 'd o v 1-, u a o 0 o x vg .c O 5 i .2 D D U N W .d N P 0 O 5 2 U 0 'p 'E U 0 O U 0. a A a 5 b o E E J` o a c a p V o m o o a b .5^ a g o a re, N .N v n o w o 4 o° o m o .o m 0 N p N 3 a Cg 0 Cq r 0 0 0 y 0 p y N 1...e0 b N y N E p N 0 P 0 V 7 0 7 O U O 0 :n 0 0 S q 5 p ti E ii o a C .d' a b 6b m '.5 �i TDIP 3 o a 0 60 .E .E 3 n 0 N° 0 w w w v 0 m o o a o ao H en a a 0 0° o 4 5 c .5 a 3 a A m b a b- 30 0 0o° a >10 agora. E'.a 0 o a o C A m a 4 w C 4 o 8 8 o d 0 w E o a s ,g o z. a 3 A t e uJ N w o p �w E "r B a o U 00 O. b 0 C p a O 0 4 0 ''R q .y .d 9. .G vUi ro c a d ati o 's .y a 6 i tr a J .G t E y 3 a 00 m g 0 m m. p 0 G` v v w° 3 3 �`,5 0 0 g a 0°4 1,9 ,o U O c 0 r O 'D Z 0 y 0 'O o v m S. p p A' -0 r O k k y E a+ al 0 y w 0p O 5 5 r. Co to t. a y C n D 8 0 0 a" a, g 0 V 0 0 GL tl 0 o v i C° C w 'G 'e 8 .0 m S a> C° 0 V b y m E w v v a o o 0 o, o E 0 o 0 o m o a 00 OO 2 V [L a 0 .g 0 _.0 4 .d N a 0 a b U a 8 0 o a ac .5 .0 v a' 3 ttl T° 'S a>i k p w a. 8 2 )k-)8 o 0 o w o "p o a e E a r �ye N O W ro° i m 0 a o B v 0 4 o G d S o.. `.4 3> w° of w° Ft S d C o C 4 N a O y id 40 b Cr.) N a w U 0 Q rte' .E a 'N V 0 P a a a M The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Community Services Department R- 2005 -12 Parks, Recreation Culture Adele Kon 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON 12E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon@city.niagarafalls.on.ca City of Niagara Falls Board of Museums Friends of Dr. Afrukhteh Art Collection Board International Knightly Order of St. George Niagara Falls Armoury Museums Coalition Niagara Falls Art Gallery Niagara District Art Association February 14, 2005 Re: R- 2005 -12 Armoury Proposals RECOMMENDATION: That Council provide direction to the Armoury Ad Hoc Committee on the attached Review Criteria and Weighting factors. Further, that the Armoury Ad Hoc Committee expand its mandate to include considering the vacancies which will arise in the Core building as tenants are BACKGROUND: moved. The Ad Hoc Committee would attempt to accommodate as many of the organizations of the proposals as possible. As Members of Council will recall, once a decision was made to acquire the Armoury a few organizations expressed interest in using the building. In order to assist Council in this regard, an Armoury Ad Hoc Committee was established to review the potential uses for the building and to ultimately recommend an end use. Aldermen: Jim Diodati, Vince Kerrio and Janice Wing were appointed to the Committee and Alderman Wing was selected as the committee chair. In order to assist those who were interested in using the building, an Open House was held in mid November to provide the proponents an opportunity to tour building and gain insight into the building's layout and its potential limitations. Twenty-five (25) proposal packages which contained general information, as well as a detailed project outline were distributed at the Open House. In early January, the following eight (8) proposals were received: Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Buildigj& By -Law Services February 14,2005 R- 2005 -12 Niagara Falls Fashion and Wedding Museum Niagara Military Museum At a recent meeting of the Ad Hoc Committee, the proposals were reviewed and discussion took place concerning the attached draft review criteria and weighting factors. Before any further work is undertaken regarding proposal assessment, the Committee has requested that the material be shared with Council in order to obtain its guidance on the matter. The committee has also tentatively scheduled a public meeting in April to provide an opportunity to all the proponents to present their respective proposals. It will therefore be necessary to have the review criteria and weighting factors finalized prior to this public meeting. Recommended by: Respectfully srhitted: Adele Kon Director of Parks, Recreation Culture AK/das Attachment S: \Council \Council 2005 \R 2005 -12 Armoury Ad Hoc Comm. Update.wpd bur John MacDonald Chief Administrative Officer Review Criteria "REVISED" Niagara Falls Armoury End Use Proposal Package Review of Re -use Proposal Submissions The following is a suggested review process for these submissions. The submissions are diverse enough to require a fairly general set of categories. A weighting system is also being recommended for the Committee's consideration. 1. Qualifications and experience of the proponent organization (15 Is the proponent currently operating a museum/gallery? What are the professional qualifications and what is the work experience of the proponent's personnel? How much experience have the proponents had working in an historic building? Has the proponent organization a proven record of managerial competence and financial stability? 2. Proposal's fit with City's arts, cultural and heritage policies (15 Does the proposal meet the following policy objectives (as stated in the draft final Heritage Master Plan)? i Concentrating cultural institutions downtown ii Priority given to compatible adaptive re -use of City -owned heritage buildings iii Consolidating existing museums /galleries iv Combining the museums and art gallery v Providing heritage tourism product vi Creating a community resource for multi -use programming vii Establishing a management framework centred on consolidated museums /galleries and co- operative partnerships viii Encouraging volunteer heritage groups to adopt a business planning model xi Interpreting local history based on themes and storylines in the Heritage Master Plan 1 "REVISED" x Focusing tourism product development on the bi- centennial of the War of 1812 (military theme) 3. Quality, quantity and condition of proponent's collection and programming (10 Does the proponent own the collection? If not, how will the collection be attained and managed? Has the collection been inventoried, accessioned, appraised or had a collections management policy prepared for it? Is the collection significant locally /provincially/ nationally /internationally? Does the collection require museum standard curatorial and exhibit conditions? Does the proponent require use of the entire building, or can the space be shared? How is programming integrated with the management of the collection and operation of the facility? 4. Feasibility of proponent's business plan and its financial impact on the City (25 Is the business plan comprehensive and prepared by a professional museum planner /management consultant? Does the proponent have sufficient organizational and financial resources to implement the proposed business plan? What financial support does the proponent expect the City to supply? 5. Proposal's impact on the heritage fabric of the Armoury and its setting (25 Does the proposal require irreversible alterations to the building's interior or exterior? What environmental conditions will the collection require, and how will they affect the building's heritage fabric? Does the proposal support and enhance the reasons for designation and character defining elements in the Heritage Character Statement? 6. Partnerships (10 S: \Heritage\Armoury\Ad Hoc Committee\Proposals \Review Criteria.wpd 2 Niagara Car Falls Niagara Falls Canada awl Members: BACKGROUND: K. Burden Director of Finance Recommended by: Corporate Services Department F- 2005 -07 Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario L2E 6X5 Tel: (905) 356 -7521, Ext. 4288 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca Web Site: www.city.niagarafalls.on.ca February 14, 2005 Kenneth E. Burden Director Re: F- 2005 -07 Community Reinvestment Fund (CRF) RECOMMENDATION: That the Council accepts the 2005 Community Reinvestment Fund allocation in accordance with the terms and conditions from the Province of Ontario. Staff has received a communication from the Ministry of Finance and the Ministry of Municipal Affairs and Housing regarding the Community Reinvestment Fund (CRF). The information provided details regarding the 2005 CRF allocation, and municipal information requirements. The CRF allocation is equal to the 2004 CRF allocation of $3,153,000. However, a new municipal funding model will be announced in March 2005 for future years. Currently the provincial government has invited the Association of Municipalities of Ontario to continue discussion on the CRF. Municipalities are expected to apply all CRF allocations to the current year operational costs and pass the benefit of those funds directly to the taxpayer. The requirements provide certain key information to the province that confirms Council's commitment to a shared objective of tax relief for property taxpayers. The acceptance of the CRF Allocation constitutes agreement with the statements, terms and conditions as shown in Schedule A attached. Prepared by: Respectfully submitted: 4.9 c o( T. Raven Executive Director of Corporate Services 6 John MacDonald Chief Administrative Officer Conditions of 2005 Funding Allocations Reporting requirements have been attached to the Community Reinvestment Fund (CRF) since 2000. Reporting requirements for 2005 funding allocations have been streamlined, compared to 2004. A council resolution, required in previous years, wil not be required for 2005. Acceptance of a 2005 Allocation constitutes agreement with the below- mentioned statements and terms and conditions. SCHEDULE "A" Municipal councils ultimately decide how 2005 funding allocations are spent and /or used for the benefit of taxpayers. In making this decision, municipal councils will be guided by their obligation to provide effective and efficient delivery of services to taxpayers. As with all budgetary decisions, municipal councils recognize that they are directly accountable to taxpayers for their use of 2005 funding allocations. Municipalities are required to submit the following to their regional Municipal Service Office of the Ministry of Municipal Affairs and Housing (addresses attached): (i) their 2004 Financial Information Returns (FIRs) in accordance with the deadline to be set by MMAH; and (ii) their 2005 tax rate by -laws by September 30, 2005. Failure to meet these deadlines may result in the withholding of 2005 funding allocations until these documents have been provided to the Province. The City of Niagara Fall Canada Members: His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario BACKGROUND: Prepared by: 6. A. Felicetti Manager of Revenue Recommended by: Director of Finance 7�1 Corporate Services Department F- 2005 -08 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356-0759 E -mail: afelicetti @city.niagarafalls.on.ca February 14, 2005 Re: F- 2005 -08 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 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. 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. Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted by: K.E. Burden V .fr( John MacDonald v Chief Administrative Officer Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development 1 Reduction Amount O O 0 i 0. N CO 0 N OCO IO tO O O N n V p LO V O: tc N I 1 C) N I� V CO r ONO V (V r0 10 O 0 0 o 0 N l. $1,592.74 $657.32 $3,082.64 $21923 10 0 I 0 0 n n N- I O m m O V X00 0 p ea I CO O CO CO c19 LO IA 0 l-• n N 69 n N10 N N A H O O O 0) V VC D OI fV O N "6' o m CO 0 ON 0 6 V 0 NJ O FA Reason for Application Repairs /renovations for a period of 3 months Repairs/renovations for a period of 3 months Gross or manifest clerical error Became exempt Damaged by fire, demolition or otherwise Gross or manifest clerical error Damaged by fire, demolition or otherwise Mobile unit removed Ceased to be liable to be taxed at rate it was taxed Ceased to be liable to be taxed at rate it was taxed Ceased to be liable to be taxed at rate it was taxed Gross or manifest clerical error Ceased to be liable to be taxed at rate it was taxed Ceased to be liable to be taxed at rate it was taxed Became exempt Damaged by fire, demolition or otherwise Became exempt Became exempt Became exempt Became exempt Gross or manifest clerical error Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Gross or manifest clerical error Ceased to be liable to be taxed at rate it was taxed Became exempt aspwaylo io uogowep 'aJg Aq pabewe0 asiMlaulo to uon'owen 'a O I An notion ion Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise .e0A uoq e xej 000000o0 ,o,c,c)oc,aa 00000001000000000000 a- O N -a 0 N aaar N N 0 N 0 N a 0 N 4002 40 4 40 400Z Name and Address of Applicant John Howard Fast, 4627 Belfast Ave, Niagara Falls, ON L2H 1P2 John Howard Fast, 4627 Belfast Ave, Niagara Falls, ON L2H 1 P2 Erminio Elia, 5258 Marcel Cres, Niagara Falls, ON L2E 7M5 City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 Michael Karen Murphy, 6211 Charnwood Ave, Niagara Falls, ON 1211 2L5 527930 Ontario Limited, 7908 Lavena Crt, Niagara Falls, ON L2H 7(5 Michael Karen Murphy, 6211 Chamwood Ave, Niagara Falls, ON L2H 2L5 461426 Ontario Limited, 8845 Lundy's Lane, Niagara Falls, ON L2H 1H5 566960 Ontario Inc, 5720 Don Murie St, MR 2, Niagara Falls, ON L2E 6X8 566960 Ontario Inc, 5720 Don Murie St, MR 2, Niagara Falls, ON L2E 6X8 566960 Ontario Inc, 5720 Don Murie St, MR 2, Niagara Falls, ON L2E 6X8 River Realty, PO Box 576, Stn Main, Niagara Falls, ON L2E 6V2 1314540 Ontario Inc, PO Box 2156, Niagara Falls, ON L2E 6Z3 1314540 Ontario Inc, PO Box 2156, Niagara Falls, ON L2E 6Z3 i city of Niagara Falls, PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 City of Niagara Falls, PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 Falls Masonry Limited, 8049 Tad St, Niagara Falls, ON L2H 2J3 River Realty Development, PO Box 576, Stn Main, Niagara Falls, ON L2E 6V2 Bogdan Lech, 4528 Bridge St, Niagara Falls, ON L2E 2R7 Jim Pattison Developments Ltd, 4983 Clifton Hill, Niagara Falls, ON L2G 3N5 Jim Pattison Developments Ltd, 4983 Clifton Hill, Niagara Falls, ON L2G 3N5 Leo Martineau, 6228 Russell St, Niagara Falls, ON L2J 1P1 Vincent Cindy Murdock, 4982 St Clair Ave, Niagara Falls, ON L2E 3T7 Hoco Limited, PO Box 60, Niagara Falls, ON L2E 658 788894 Ontario Limited, 5875 Victoria Ave, Niagara Falls, ON L2E 3L6 Luciano Chieca Rosa Gregorio, 4087 Pettit Ave, Niagara Falls, ON LE 6K4 Bruce Gail Jacobs, 5893 Sauer Rd, Niagara Falls, ON 12E 656 Niagara Union Property Development Inc, c/o 5627 Main St, Niagara Falls, ON L2G 5Z3 Gregorio Astorino Wynnann Rose, 6450 Rockdiffe Estate, Niagara Falls, ON L2J 4K7 1 4/1 /91 Ontario Inc Lapenna Frank, 11660 Sodom Rd, RR 3 Niagara Falls, ON L2E 656 471791 Ontario Inc Lapenna Frank, 11660 Sodom Rd, RR 3 Niagara Falls, ON L2E 6S6 1 Antonio Felice, 5581 McGrail Ave, Niagara Falls, ON L2G 3R2 The Regional Municipality of Niagara, 2201 St David's Rd, PO Box 1042, Thorold, ON L2V 4T7 Niagara Regional Municipality, 2201 St David's Rd, PO Box 1042, Thorold, ON L2V 4T7 'Iddv O O N ON N O N O o N N O 0 N N 0 o N 0 N N 0 N 09 0 N O N M -n-4 N M N 1.0 0 O N V O N CO o n8 r. N 888; q N q N 1 1 f 0 N l N 2004 -50 2004 -51 2004 -52 2004 -53 2004 -59 2004 -60 c0 t0 0 N N e 0 N f0 C 0 N 0 N 0 0 N 0 0 N 0 N y 0 N n 0 N r 1 0 1 N I EL-400Z 1 7./-bnn7 I 1 I cO iu F C LL 0 u. Ct re 2 o o Ars LLI o 5 r- re o u. o a co 0. a. co u i O N g L t ry k co 01 0 CL N 0) (0 a CITY OF NIAGARA FALLS Assessment Region 1 Reduction Amount UU Uj 00'0$ 4L'L9$ 41'0£$ 00'0$ (004 of n (0 a 69 O O 69 69 V r 0) 61 ro N o r O N M W t0 (0 vi 69 c0(0 O c o r N y y w N N O m Oaaf� r. NI N (0 C V O O 00i 69 0 aaD N. O O O 69 0) N (0 69 OO 0 69 0 N 69 OO 0 O CO 0 69 O 0 d 69 O m N 6 6969 O N n CO a°34 10 N CO. ri 69 0 690 0) 6 to r 696969 t O I� aD(0O N N r (D N. O ci rr 69 69 11 Reason for Application Became exempt Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Ceased to be liable to be taxed at rate it was taxed Damaged by fire. demolition or otherwise m N t 0 0 c o 3 E_ 00000000 a m9 aimmE c d -o 0 E m O y 2 0 `o c_ o7E0000. E ur N m K 0 0 0 0 c (0(00000° E 0 V wWCCC 5 a 0 E m o 0 0 0 0 c E 9 d E m 0 0 0 0 0 c a E 9 a E m 0 0 N c 0 c a E V a lo E m 0 m 0 c 0 c E 9 v d`$ a a E m 0 m N r 0 c E 9 n a E m 0 t c m E E N 0( EEEE x m E E m anang x m m l E 0 au) m x m m E 0 m x 00.m.m m E 0 m E'c'c x E E 0 m 16:6,6668'881616-6161666668 t a)m ��o m 0 E E 0 1 v 0 1 o of t m m m m E 0 N 3- of m N O 0 c 000 E a'0'0 ccc a O) m 0) O m N (0 m N O 0 c a 0oa E a m N 0 m N O 0 c c E m a VV m N 0 3 N o x m g m OOO N 0 3 al m x m a 0 m a N 0 3 CO m x (3 m LI. 0 m a 0 0 t ?'momoo?) _m m E E O 0 0' t m m E O N 3- o m L O c a o8114:2 E m— '0 ti c c a O) m R o t m itim'$ E. E y Q o m C .c$ O c o4 E m '0 c O O )O m N o m C O c c m— V cw a m N 0 m .U„ E E 0 0 m L .c O E D c 8, 0 N 0 m 0 O 69(9 E p w= a a m co 0 a a) m m m x m g m o N N N 0 Jeey, I uopexe o CO o N N o 0 CO 0 NN 0 0 0 CO NN 0 0 0 V 0 NN vt 0 0 1 Name and Address of Applicant City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 Alison Kenmir- DiLalla, 3293 St George Ave, Niagara Falls, ON L2P 2P5 Robert Hilda Morris, 3549 Harvard Ave, Niagara Falls, ON L2J 3C6 Gorge Holdings Inc, 40 Albert St W, Thorold, ON L2V 2G3 Orsini Bros Inns Inc, 6039 Fallsview Blvd, Niagara Falls, ON L2G 3V6 David Carol Morningstar, 6854 Riall St, Niagara Falls, ON L2J 1Z7 Christine Wilson Shipley, 3847 Panama Crt, Niagara Falls, ON L2J 3Z8 Midtown Bowling Niagara Limited, 3490 Cardinal Dr, Niagara Falls, ON L2H 2X3 O K Gift Shop Ltd, 6683 Oakes Dr, Niagara Falls, ON L2G 7G1 758521 Ontario Inc, 6935 Oakwood Dr, Niagara Falls, ON L2E 635 Hana America Corporation, 6071 Stanley Ave, Niagara Falls, ON L2G 3Y3 Hana America Corporation, 6079 Stanley Ave, Niagara Falls, ON L2G 3Y3 1527179 Ontario Limited, 6179 Lundy's Lane, Niagara Falls, ON L2G 1T4 Clancy Fitzgerald Patrick, 6384 Wendy Dr, Niagara Falls, ON L2G 3H6 Wayne Cheryl Meger, 7140 Woodington Rd, Niagara Falls, ON L2J 2C3 Niagara Regional Municipality, 2201 St David's Rd, PO Box 1042, Thorold, ON L2V 4T7 Niagara Regional Municipality, 2201 St David's Rd, PO Box 1042, Thorold, ON L2V 417 Niagara Regional Municipality, 2201 St David's Rd, PO Box 1042, Thorold, ON L2V 4T7 Niagara Regional Municipality, 2201 St David's Rd, PO Box 1042, Thorold, ON L2V 4T7 Ministry of Transportation, Building "D 3rd Floor, 1201 Wilson Ave, Downsview, ON Michael Rose Wultchyn, 5637 Magnolia Dr, Niagara Falls, ON L2H 3J4 Michael Rose Wultchyn, 5637 Magnolia Dr, Niagara Falls, ON L2H 3J4 Dusko Neda Crnobrnnja, 7935 Westwood St, Niagara Falls, ON L2H 1X7 Joseph DiLollo, 6025 Eldorado Ave, Niagara Falls, ON L2H 1S5 Jim Pattison Developments Ltd, 4983 Clifton Hill, Niagara Falls, ON L2G 3N5 Alo North America Inc, 8485 Montrose Rd, Niagara Falls, ON L2H 3L7 Alo North America Inc, 8485 Montrose Rd, Niagara Falls, ON L2H 3L7 Alo North America Inc, 8485 Montrose Rd, Niagara Falls, ON L2H 3L7 Lillian Lila Cobb Bruce Douglas McLeod, 6488 Barker St, Niagara Falls, ON L2G 1Y7 Lillian Lila Cobb Bruce Douglas McLeod, 6488 Barker St, Niagara Falls, ON L2G 1Y7 2002036 Ontario Inc, c/o 102473 Yonge St, Ste 200, Richmond Hill, ON L4C 3B2 Linda Aulis, 210 Lake St, St Catharines, ON L2R 5Z1 Jeremy Samuel Manders, 4081 Front St, Niagara Falls, ON L2G 6G5 Milka Kosta Radulovich, 7095 McGill St, Niagara Falls, ON L2J 1L8 Douglas Violet McArthur, 5643 Reixinger Rd, RR 3, Niagara Falls, ON L2E 6S6 Joseph Colautti, 12330 Willodell Rd, Niagara Falls, ON L3B 5N4 Waclaw Rosanna Szpakowski, 5972 Grey Ave, Niagara Falls, ON L2G 4B3 Ghislaine Gagnon Pepin, 6491 Level Ave, Niagara Falls, ON L2G 4B3 'IddV r C) o N o0 o N r 0 0 N CO O N CO ov• o N CO 0 N< i i 0 c co o E 0 0 c m E ft 10 d xQ c L 1-- C y L rn 3 CO 3 0 CO 112 0 0 0 0 a co as 0 0 0 0 0 V1 E E 0 0 0 5a E U Z m To 0 o 0 L m 3 N C t 01 C O 0 U U (0 O C_ C' (0 0 0 0 0 0 a 8 0 0. d m 0 N m 5 N C x1 t O 0 a 0 C N O O c O N 0 Li 0 n 0 0 U N j L O T a (0 T a 0) 0 L 0 0 N j. R 0 o 0 v E a N 0) 0 0 0 N 0 T 0 L O 0 0 0 a a The City of Niagara Fall Canad a Members: RECOMMENDATION: BACKGROUND: Recommended by: 41114, 10 K. E. Bur n Director of Finance Corporate Services Department F- 2005 -10 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario A nnp``roved by: T. Ravend a Executive Director of Corporate Services Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca Re: F- 2005 -10 Municipal Accounts February 14, 2005 That Council approve the municipal accounts totaling $10,330,552.38 for the period January 6, 2005 to January 25, 2005. The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Respectfully submitted: e a r-John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Kenneth E. Burden Director CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 289633 1486594 ONTARIO LTD 289635 2 GUY'S GLASS INC 289636 407 ETR EXPRESS TOLL ROUTE 289780 471791 ONTARIO INC 289781 984265 ONTARIO LTD AKA CIRCLE P PAVING 289637 A L G SAFETY 289968 AATEL COMMUNICATIONS INC 289962 ACTION CORPORATION 289963 ADT SECURITY SERVICES CANADA INC 289638 ADT SECURITY SERVICES CANADA INC 289783 ADVANCE TOWING 289639 ADVANCE TOWING 289784 ADVANCE TOWING 289964 ADVANCED OFFICE SOLUTIONS INC 289640 AFFILIATED CUSTOMS BROKERS LTD 289785 AIR CARE SERVICES 289641 AIR CARE SERVICES 289786 AIR CARE SERVICES 289965 AIR LIQUIDE CANADA INC 289966 ALFIDOME CONSTRUCTION 289787 ALFIDOME CONSTRUCTION 289967 ALL PRO EQUIPMENT 289789 ALPINE PEST CONTROL 289642 ALPINE PEST CONTROL 289969 ANDERSON,RAY 289643 ANTONIO,CHUCK 289970 AQUICON CONSTRUCTION CO LTD 289644 ARAMARK REFRESHMENT SERVICES 289645 ASSOCIATED ENGINEERING (ONT) LTD 289646 ASSOCIATION OF MUNICIPALITIES OF ONTARIO 289791 AVELLANO,PAUL 289647 B B LIFTRUCK SERVICE 289792 BANK OF MONTREAL 289793 BARCLAY TODD'S 289648 BARCLAY TODD'S 289971 BATEMAN,DOLORES 289794 BATTLEFIELD EQUIPMENT RENTALS 289795 BEDARD,ANDRE 289650 BELL CANADA 289797 BELL CANADA 289798 BELL CANADA 289799 BELLEFONTAINE,MARGARET 289800 BISCOTTO,LEDA 289972 BOCCIA,VAL 289973 BODKIN LEASING 289651 BORDEN LADNER GERVAIS 289652 BORDEN LADNER GERVAIS 289802 BOUW,JOHN 289653 BRENNAN,)IM 289654 BRINKS CANADA LTD 289803 BROCK AUTOMOTIVE 289804 BRODERICK PARTNERS IN TRUST 289805 BUNTIN REID 289806 CANADA LAW BOOK 289976 CANADIAN ASSOC OF CERTIFIED PLANNING TECHNICIANS 289655 CANADIAN DOOR DOCTOR 289808 CANADIAN DOOR DOCTOR 289975 CANADIAN LEAK DETECTION 289977 The City of Niagara tolls Canada j AP5200 Cheque No Cheque Date Purpose 11- Jan -2005 CONSULTING SERVICES 11- Jan -2005 REFUND 11- Jan -2005 MATERIALS 18- Jan -2005 REMITTANCE 18- Jan -2005 CONTRACT SERVICES 11- Jan -2005 CONTRACT SERVICES 25- Jan -2005 MATERIALS 25- Jan -2005 MATERIALS 25 -)an -2005 MATERIALS 11- Jan -2005 CONTRACT SERVICES 18- Jan -2005 CONTRACT SERVICES 11- Jan -2005 CONTRACT SERVICES 18 -Jan -2005 CONTRACT SERVICES 25 -Jan -2005 CONTRACT SERVICES 11- Jan -2005 MATERIALS 18- Jan -2005 MATERIALS 11 -)an -2005 MAINTENANCE AND REPAIRS 18 -Jan -2005 MAINTENANCE AND REPAIRS 25 -Jan -2005 MAINTENANCE AND REPAIRS 25 -Jan -2005 MATERIALS 18- Jan -2005 MAINTENANCE AND REPAIRS 25- Jan -2005 CONTRACT SERVICES 18 -Jan -2005 EQUIPMENT 11- Jan -2005 CONTRACT SERVICES 25 -Jan -2005 CONTRACT SERVICES 11 -Jan -2005 MATERIALS 25- Jan -2005 ADMINISTRATIVE 11- Jan -2005 CONTRACT SERVICES 11 -Jan -2005 SUPPLIES 11- Jan -2005 CONSULTING SERVICES 18- Jan -2005 ADMINISTRATIVE 11- Jan -2005 REFUND 18- Jan -2005 MATERIALS 18- Jan -2005 REFUND 11 -Jan -2005 SUPPLIES 25 -Jan -2005 SUPPLIES 18 -Jan -2005 ADMINISTRATIVE 18 -Jan -2005 MATERIALS 11 -3an -2005 REFUND 18- Jan -2005 UTILITIES 18- Jan -2005 UTILITIES 18- Jan -2005 UTILITIES 18- Jan -2005 ADMINISTRATIVE 25- Jan -2005 REFUND 25- Jan -2005 ADMINISTRATIVE 11- Jan -2005 LEASES AND RENTS 11 -Jan -2005 CONSULTING SERVICES 18- Jan -2005 CONSULTING SERVICES 11- Jan -2005 REMITTANCE 11- Jan -2005 REFUND 18- Jan -2005 MATERIALS 18 -)an -2005 MAINTENANCE AND REPAIRS 18 -)an -2005 ADMINISTRATIVE 18 -Jan -2005 SUPPLIES 25- Jan -2005 MATERIALS 11- Jan -2005 ADMINISTRATIVE 18 -Jan -2005 MAINTENANCE AND REPAIRS 25- Jan -2005 MAINTENANCE AND REPAIRS 25- Jan -2005 MAINTENANCE AND REPAIRS Page 1 Amount 37,583.18 1,197.61 191.20 44.37 1,827.56 9,868.50 274.85 231.10 1,255.57 83.59 83.59 32.10 64.20 128.40 62.10 43.07 521.89 1,727.95 1,931.33 8.91 20,634.74 3,610.83 369.15 1,901.99 130.54 169.03 23.20 1,932,765.84 92.01 4,169.09 8,992.41 750.00 368.00 372.76 71.85 284.85 60.00 1,360.97 750.00 115.00 150.50 8,221.38 12.00 239.45 39.30 435.83 21,347.48 3,543.78 60.00 125.00 175.95 81.35 2,575.82 799.27 165.13 125.00 10,648.64 1,313.70 401.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PUBLIC WORKS ASSOC CANADIAN SAFETY EQUIPMENT INC CANSEL CANTEC SECURITY SERVICES CARDINAL COURIERS LTD CARGILL SALT CARGILL SALT CARRICK,MARZENNA CARSWELL CARTER CAR TRUCK RENTALS CASCADE INTERNATIONAL CASHWAY BUILDING CENTRES CASTLE PLUMBING HEATING INC CCH CANADIAN LIMITED CENTENNIAL CONSTRUCTION CENTURY VALLEN CHAMBERS WATER HAULAGE INC CHAMBERS WATER HAULAGE INC CHAMPION INDUSTRIAL EQUIPMENT CHATTERS CHATTERS QBC ELECTRONIC BANKING OPERATIONS QBC TELEPHONE PAYMENTS QBC TELEPHONE PAYMENTS QMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF PORT COLBORNE TIM HORTONS SPORTSFEST CITY OF PORT COLBORNE TIM HORTONS SPORTSFEST CLASS A FIRE RESCUE CLASS A FIRE RESCUE COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINS SAFETY 0/A 3077225 CANADA INC COLLINS SAFETY 0/A 3077225 CANADA INC COLLINSON,JACK COMMISSIONAIRES COMPOST NIAGARA INC CORSINI,GUY COULTER WATER METER SERVICE INC CRANFIELD,JIM CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CREATIVE IRRIGATION SOLUTIONS INC CUPE LOCAL 133 COPE LOCAL 133 DALTON,BARRY DAMORE,PETER DATAMARK SYSTEMS DAVID SCHRAM ASSOCIATES DAVID SCHRAM ASSOCIATES DELCAN CORPORATION DELL COMPUTER CORPORATION >heCiryof Niagara falls Canada 289656 11- Jan -2005 289657 11- Jan -2005 289978 25 -Jan -2005 289810 18- Jan -2005 289658 11 -Jan -2005 289811 18 -Jan -2005 289812 18- Jan -2005 289659 11 -Jan -2005 289979 25- Jan -2005 289660 11-Jan -2005 289813 18- Jan -2005 289814 18 -Jan -2005 289815 18- Jan -2005 289661 11- Jan -2005 289816 18 -Jan -2005 289662 11- Jan -2005 289817 18 -Jan -2005 289818 18- Jan -2005 289663 11- Jan -2005 289820 18- Jan -2005 289980 25- Jan -2005 289664 11 -Jan -2005 289822 18 -Jan -2005 289824 18 -Jan -2005 289825 18 -Jan -2005 289981 25- Jan -2005 289982 25- Jan -2005 289826 18- Jan -2005 289983 25- Jan -2005 289665 11- Jan -2005 289666 11- Jan -2005 289827 18- Jan -2005 289984 25- Jan -2005 289828 18 -Jan -2005 289829 18- Jan -2005 289830 18 -Jan -2005 289985 25 -Jan -2005 289667 11- Jan -2005 289831 18- Jan -2005 289668 11 -Jan -2005 289832 18- Jan -2005 289986 25- Jan -2005 289833 18 -Jan -2005 289987 25- Jan -2005 289669 11 -Jan -2005 289835 18 -Jan -2005 289670 11- Jan -2005 289671 11 -Jan -2005 289988 25 -Jan -2005 289989 25 -Jan -2005 289775 12- Jan -2005 289837 18- Jan -2005 289838 18 -Jan -2005 289839 18 -Jan -2005 289672 11 -)an -2005 289840 18- Jan -2005 289841 18-Jan -2005 289673 11 -Jan -2005 289674 11 -Jan -2005 AP5200 Cheque No Cheque Date Purpose CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS LEASES AND RENTS SUPPLIES MATERIALS EQUIPMENT MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND MATERIALS MAINTENANCE AND REPAIRS LEASES AND RENTS MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS UTILITIES UTILITIES MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES REMITTANCE REMITTANCE ADMINISTRATIVE REFUND MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS Page 2 Amount 2,973.00 877.35 204.85 17,806.60 1,127.00 5,382.68 27.82 33,704.08 2,367.72 75.80 142.95 723.35 1,233.66 126.89 20,000.00 87.15 35,136.40 680.41 38.00 38.00 851.00 2,780.70 829.40 53.93 269.65 53.93 3,502.96 108.58 1,285.54 11,267.39 2,121.00 819.80 150,347.02 450.00 450.00 1,218.28 84.17 155.05 452.25 382.95 126.50 24.80 16,849.80 14,926.50 167.72 709.81 114.99 1,327.90 416.50 963.00 2,879.56 2,846.53 451.94 15.00 5,349.68 1,872.50 8,445.62 14,093.04 2,420.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name DELL COMPUTER CORPORATION DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGNS BY SEAN CANADA INC DOBBIN,DEBI DOERING BROWN CORP DOERING BROWN CORP DONATELAI,CLETO DOUGLAS,JAMIE DOWD,MIKE DOWNTOWN BOARD OF MANAGEMENT DRAINAGE SUPERINTENDENTS ASSOC OF ONT DUJLOVIC,ED DUMELE,ANGELA EMERALD EMERALD ENBRIDGE ENBRIDGE ERES CONSULTANTS EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FANCEY,PAUL A FEREN SIGN SYSTEMS FEREN SIGN SYSTEMS FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,ANGELINA FRANCOTYP POSTALIA TELESET FRANCOTYP POSTALIA CANADA FRANCOTYP POSTALIA CANADA FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED GALES GAS BARS GALT KNIFE CO LTD GALT KNIFE CO LTD GATTO,LORENZO GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD HALF WAY SAND PIT LIMITED HALLTECH ENVIRONMENTAL INC HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HARD ROCK PAVING CO HECO HECO HENDERSON RECREATION EQUIPMENT LIMITED The City of Niagara Fah Canada j Airld AP5200 Cheque No Cheque Date Purpose 289842 289675 289843 289991 289676 289844 289845 289992 289846 289993 289847 289994 289677 289848 289849 289995 289850 289996 289851 289678 289852 289853 289679 289997 289998 289680 289999 290000 289854 290001 289682 289855 289856 289857 289858 289859 289683 290002 289860 289684 289861 289685 289686 289862 290003 289863 289687 289864 290004 289865 289688 289867 289689 290005 289690 289868 289869 290006 289692 18- Jan-2005 MATERIALS 11 -)an -2005 MAINTENANCE AND REPAIRS 18- Jan -2005 MAINTENANCE AND REPAIRS 25 -)an -2005 MATERIALS 11 -Jan -2005 REFUND 18 -Jan -2005 LEASES AND RENTS 18 -Jan -2005 LEASES AND RENTS 25- Jan -2005 REFUND 18-Jan -2005 ADMINISTRATIVE 25- Jan -2005 MATERIALS 18- Jan -2005 REMITTANCE 25 -Jan -2005 ADMINISTRATIVE 11- Jan -2005 UTILITIES 18 -Jan -2005 REFUND 18 -)an -2005 MAINTENANCE AND REPAIRS 25 -Jan -2005 MAINTENANCE AND REPAIRS 18 -Jan -2005 UTILITIES 25- Jan -2005 UTILITIES 18- Jan -2005 CONSULTING SERVICES 11- Jan -2005 MATERIALS 18- Jan -2005 MAINTENANCE AND REPAIRS 18- Jan -2005 MAINTENANCE AND REPAIRS 11 -Jan -2005 SUPPLIES 25- Jan -2005 SUPPLIES 25 -Jan -2005 REFUND 11- Jan -2005 MATERIALS 25 -Jan -2005 MATERIALS 25- Jan -2005 CONTRACT SERVICES 18-Jan -2005 CONTRACT SERVICES 25- Jan -2005 MATERIALS 11- Jan -2005 MATERIALS 18- Jan -2005 MATERIALS 18 -Jan -2005 REFUND 18 -Jan -2005 MATERIALS 18- Jan -2005 LEASES AND RENTS 18 -Jan -2005 MATERIALS 11- Jan -2005 ADMINISTRATIVE 25 -Jan -2005 ADMINISTRATIVE 18- Jan -2005 MATERIALS 11 -Jan -2005 MAINTENANCE AND REPAIRS 18-Jan -2005 MAINTENANCE AND REPAIRS 11 -Jan -2005 REMITTANCE 11- Jan -2005 MATERIALS 18-Jan -2005 MATERIALS 25- Jan -2005 MATERIALS 18- Jan -2005 UTILITIES 11- Jan -2005 MATERIALS 18- Jan -2005 MATERIALS 25 -Jan -2005 MATERIALS 18 -)an -2005 CONTRACT SERVICES 11 -Jan -2005 CONTRACT SERVICES 18- Jan -2005 MATERIALS 11- Jan -2005 MAINTENANCE AND REPAIRS 25 -Jan -2005 MAINTENANCE AND REPAIRS 11- Jan -2005 ADMINISTRATIVE 18 -Jan -2005 MATERIALS 18- Jan -2005 MAINTENANCE AND REPAIRS 25 -Jan -2005 MAINTENANCE AND REPAIRS 11- Jan -2005 REMITTANCE Page 3 Amount 48,566.30 115.92 4,694.65 690.00 62.07 9,138.22 2,359.80 750.00 100.80 250.00 1,367.77 110.00 45.94 65.00 561.75 187.25 31,573.37 6,809.63 1,310.75 11,580.50 541.42 17,582.30 1,098.84 510.31 15.00 209.72 180.35 74,991.26 2,096.13 195.30 740.69 115.26 299.22 21,400.00 203.55 19.56 20,367.81 8,753.65 162.25 328.90 151.80 141.00 1,006.37 180.80 344.35 64.35 298.79 95.73 835.28 1,827.10 13,061.84 34.50 609.50 3.74 286.80 4,218.77 1,838.61 2,571.76 58,730.12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name HILL BOLES LTD HODGSON CUSTOM ROLLING HRAPOVICH,JOE JACKSON,DAVE JAGGER RIMS LIMITED JOCSAK,)ULIE JOHN HARRIMAN KATCH'S QUALITY COMMUNICATION KON,ADELE KRONSTEIN,MARK KUCHYT,TOM L CAMPBELL ASSOCIATES LAFARGE CANADA INC LAFARGE CANADA INC LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC MALONEY,MARK MANGOFF,THEODORE& HOFSTEE, BARBARA MANPOWER ONT #T6201 MARAZZO,BOB MARKU SYSTEMS INC MATREX COMPANY MAVES,DIANE MCAP LEASING LIMITED PARTNERSHIP MCCONNELL,LUCILLE MCCORMICK RANKIN CORPORATION MCDONALD,ROB MCGILL PRODUCTIONS MCNAMARA,SUSAN MCRAE,LEN MDS LABORATORY SERVICES MEDCON MECHANICAL LTD MEDCON MECHANICAL LTD METRO PLUMBING HEATING MICRON INSTALLATIONS LIMITED MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MJM /CMA JOINT VENTURES ARCHITECTS MOBILE COMMUNICATION SERVICES MODERN LANDFILL INC MODERN LANDFILL INC MONDRIAN CANADA INC MONTELEONE,SAM MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MOORE WALLACE INCORPORATED MUSSARI,TOM NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO Cheque No Cheque Date Purpose 289693 11- Jan -2005 MATERIALS 290007 25- Jan -2005 MATERIALS 290008 25- Jan -2005 REFUND 289870 18 -Jan -2005 ADMINISTRATIVE 289694 11- Jan -2005 CONSULTING SERVICES 289695 11 -Jan -2005 SUPPLIES 289696 11- Jan -2005 CONSULTING SERVICES 290009 25- Jan -2005 CONTRACT SERVICES 289697 11 -Jan -2005 ADMINISTRATIVE 289872 18 -Jan -2005 ADMINISTRATIVE 289698 11- Jan -2005 ADMINISTRATIVE 290011 25- Jan -2005 CONSULTING SERVICES 289699 11- Jan -2005 MATERIALS 289873 18- Jan -2005 MATERIALS 289874 18- Jan -2005 MATERIALS 290012 25- Jan -2005 ADMINISTRATIVE 289705 11 -Jan -2005 REFUND 289707 11- Jan -2005 REFUND 289708 11 -Jan -2005 ADMINISTRATIVE 289709 11- Jan -2005 REFUND 290015 25- Jan -2005 MATERIALS 290016 25- Jan -2005 MATERIALS 289878 18- Jan -2005 ADMINISTRATIVE 289710 11- Jan -2005 LEASES AND RENTS 289879 18- Jan -2005 ADMINISTRATIVE 289880 18- Jan -2005 CONSULTING SERVICES 289711 11 -Jan -2005 ADMINISTRATIVE 289881 18- Jan -2005 MATERIALS 289882 18- Jan -2005 ADMINISTRATIVE 289712 11 -Jan -2005 REFUND 289883 18- Jan -2005 ADMINISTRATIVE 289713 11 -Jan -2005 MATERIALS 289884 18- Jan-2005 CONTRACT SERVICES 289714 11 -Jan -2005 CONTRACT SERVICES 290017 25 -Jan -2005 MAINTENANCE AND REPAIRS 289886 18- Jan -2005 REMITTANCE 289958 19-Jan -2005 REMITTANCE 289776 12 -Jan -2005 REMITTANCE 289885 18- Jan -2005 REMITTANCE 289876 18- Jan -2005 CONSULTING SERVICES 289887 18- Jan -2005 CONTRACT SERVICES 289716 11 -Jan -2005 CONTRACT SERVICES 290018 25 -Jan -2005 CONTRACT SERVICES 289717 11 -Jan -2005 MATERIALS 289718 11- Jan -2005 REFUND 289889 18- Jan -2005 CONTRACT SERVICES 289888 18- Jan -2005 CONTRACT SERVICES 290019 25- Jan -2005 CONTRACT SERVICES 290020 25- Jan -2005 MATERIALS 289719 11- Jan -2005 ADMINISTRATIVE 289959 19 -Jan -2005 MAINTENANCE AND REPAIRS 289720 11 -Jan -2005 MATERIALS 289892 18- Jan -2005 MATERIALS 290022 25- Jan -2005 GRANT 289777 12 -Jan -2005 REMITTANCE 289898 18 -)an -2005 REMITTANCE 289895 18- Jan -2005 REMITTANCE 290023 25 -Jan -2005 CONTRACT SERVICES 289723 11 -Jan -2005 REMITTANCE Amount 87.28 13,340.00 50.00 110.00 8,462.10 50.00 1,495.21 632.50 59.60 12.00 120.00 7,008.50 5,724.46 3,288.54 200.89 228.98 750.00 98.52 574.48 750.00 651.74 3,795.56 54.00 277.87 60.00 8,217.60 297.20 552.00 54.00 60.00 27.00 361.10 432.28 28,153.03 2,982.25 3,243.03 3,073.46 1,729.18 1,729.18 8,819.48 203.55 1,998.84 823.33 362.63 125.00 302.28 4,639.74 3,494.09 15,836.37 1,402.50 1,692.13 152.84 108.74 19,500.00 1,964.22 1,964.22 240.00 390.00 10,657.06 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA HEALTH SYSTEM NIAGARA NEWSPAPER GROUP NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA SHEET METAL NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA WATER CONDITIONING LTD NIAGARA.COM NIAGARA.COM NIAGARE ENTREPRENEUR OF THE YEAR AWARDS OMERS ONTARIO REALTY CORPORATION ONTARIO REALTY CORPORATION ORSINI BROS INNS INC OUDSHOORN,TONY P R W EXCAVATING CONTRACTORS LTD PAGENET OF CANADA INC PATTISON OUTDOOR ADVERTISING PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PELLEGRINO GUY PENINSULA CONSTRUCTION INC PENINSULA CONSTRUCTION INC PENINSULA FLOORING LTD PENINSULA FOOD POULTRY DISTRIBUTORS PIQUE PRODUCTIONS WEB DESIGN PNH ENTERPRISES INC PRATA,GUY PRAXAIR PRAXAIR PRECISE PARK LINK INC PURE WATER PURE WATER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUARTEK GROUP INC QUICK CAR WASH R V ANDERSON ASSOCIATES LIMITED RAIMONDO ASSOCIATES ARCHITECTS INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL OF CANADA REDEVELOPMENT CONCEPTS INTERNATIONAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RENAISSANCE FALLSVIEW HOTEL ROGERS WIRELESS INC ROGERS WIRELESS INC ROYER,JOCELYN RUDLING,STEVE The Ciryd Magora Foils Canada J AP5200 Cheque No Cheque Date Purpose 289724 11- Jan -2005 UTILITIES 289896 18- Jan -2005 REMITTANCE 289897 18- Jan -2005 UTILITIES 290024 25- Jan -2005 REMITTANCE 290025 25- Jan -2005 UTILITIES 289899 18 -Jan -2005 ADMINISTRATIVE 289900 18 -Jan -2005 ADMINISTRATIVE 290026 25- Jan -2005 ADMINISTRATIVE 290027 25- Jan -2005 ADMINISTRATIVE 290028 25 -Jan -2005 CONSULTING SERVICES 289902 18 -Jan -2005 MATERIALS 290030 25- Jan -2005 ADMINISTRATIVE 290031 25- Jan -2005 ADMINISTRATIVE 289903 1B -Jan -2005 MATERIALS 289721 11 -Jan -2005 CONTRACT SERVICES 290021 25- Jan -2005 CONTRACT SERVICES 289894 18- Jan -2005 ADMINISTRATIVE 290033 25- Jan -2005 REMITTANCE 289726 11 -Jan -2005 ADMINISTRATIVE 290034 25- Jan -2005 ADMINISTRATIVE 290035 25- Jan -2005 ADMINISTRATIVE 290036 25 -Jan -2005 REFUND 289910 18 -Jan -2005 CONTRACT SERVICES 290037 25- Jan -2005 REMITTANCE 290038 25 -Jan -2005 REFUND 289905 18 -Jan -2005 MAINTENANCE AND REPAIRS 289960 19 -Jan -2005 MAINTENANCE AND REPAIRS 290039 25- Jan -2005 MAINTENANCE AND REPAIRS 290040 25- Jan -2005 REFUND 289728 11- Jan -2005 CONTRACT SERVICES 290041 25- Jan -2005 CONTRACT SERVICES 289906 18 -Jan -2005 MAINTENANCE AND REPAIRS 289907 18 -Jan -2005 MATERIALS 289730 11 -Jan -2005 MATERIALS 290042 25- Jan -2005 MATERIALS 290043 25- Jan -2005 ADMINISTRATIVE 289909 18- Jan -2005 MATERIALS 290044 25- Jan -2005 MATERIALS 290045 25- Jan -2005 CONTRACT SERVICES 289911 18- Jan -2005 MATERIALS 290046 25- Jan -2005 MATERIALS 289732 11 -Jan -2005 REMITTANCE 289912 18- Jan -2005 REMITTANCE 290047 25- Jan -2005 REMITTANCE 289913 18- Jan -2005 CONSULTING SERVICES 289914 18- Jan -2005 CONTRACT SERVICES 289739 11- Jan -2005 CONSULTING SERVICES 289915 18- Jan -2005 CONSULTING SERVICES 289778 12 -Jan -2005 REMITTANCE 289916 18- Jan -2005 REMITTANCE 289917 18 -Jan -2005 ADMINISTRATIVE 289733 11- Jan -2005 CONSULTING SERVICES 289961 19 -)an -2005 MATERIALS 290049 25 -Jan -2005 MATERIALS 289736 11- Jan -2005 ADMINISTRATIVE 289921 18 -Jan -2005 UTILITIES 290050 25- Jan -2005 UTILITIES 289922 18 -Jan -2005 REFUND 289737 11- Jan -2005 REFUND Page 5 Amount 1,177.31 26,453.39 2,200.65 2,002.17 115,806.27 1,841.87 132.68 861.77 280.00 3,439.82 195.50 828.61 1,037,241.14 108.07 268.38 48.10 75.00 360,350.14 7,650.50 3,288.94 1,484.95 750.00 2,675.00 295.84 627.50 1,136.69 119.47 1,989.78 750.00 14,338.00 201.16 1,808.30 9,884.27 150.00 1,574.94 46.40 45.42 83.87 5,699.62 200.00 27.00 70.00 154.54 207.10 6,074.18 126.13 23,281.98 18,042.38 188,915.98 188,326.81 465.45 6,322.10 2,423.71 886.14 607.49 132.94 1,526.43 57.50 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name RUSCITTI,ANTHONY SACCO,FRED SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SALVATORE,JOE SCOTIABANK SCOTIABANK SERVICE EXPERTS OF NIAGARA SHEEHAN MECHANICAL (2002) INC SIGNATURE SIGNS SIGNATURE SIGNS SINGULAR PRODUCTIONS LIMITED SMALL BUSINESS CLUB NIAGARA INC SOIL MAT ENGINEERS CONSULTANTS LTD SOMERVILLE LANDSCAPING SOSA,ERIKA ST JOSEPH BAKERY STADAR WHOLESALE DISTRIBUTIONS STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STEPHEN,GORDON STEVENSVILLE GARDEN GALLERY SUDA MALESZYK SURVEYING INC SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLENDD COFFEE LTD SUPERIOR PROPANE INC TAB TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TERANET INC TETRAGON -TASSE DISTRIBUTORS INC THE ASSOC OF ARCHITECTURAL TECHNOLOGISTS OF ONT THE BURKE GROUP THE BUTCHER SHOPPE THE CAMERA PLACE FOTO SOURCE THE CAMERA PLACE FOTO SOURCE THE CHAMBER OF COMMERCE NIAGARA FALLS CANADA THE PEPSI BOTTLING GROUP THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THE REVIEW THE STANDARD THE UNIFORM GROUP INC THERMOSUN THISTLEWAITE,HARRY TINA MANGIACASALE IN TRUST TORBRAM ELECTRIC SUPPLY TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES fie City of Niagara roils Cott_ j. 289738 11 -Jan -2005 289740 11- Jan -2005 289923 18 -Jan -2005 289741 11- Jan -2005 289742 11- Jan -2005 289779 12- Jan -2005 290051 25- Jan -2005 289924 18 -Jan -2005 289744 11- Jan-2005 289925 18- Jan -2005 290053 25 -)an -2005 290054 25- Jan -2005 289745 11- Jan -2005 289746 11- Jan -2005 289747 11- Jan -2005 290055 25- Jan -2005 289751 11- Jan -2005 289748 11- Jan -2005 289927 18- Jan -2005 290056 25 -Jan -2005 289749 11- Jan -2005 289750 11- Jan -2005 290057 25- Jan -2005 289928 18 -Jan -2005 289930 18 -Jan -2005 290058 25- Jan -2005 290059 25- Jan -2005 289929 18- Jan -2005 289752 11- Jan -2005 290060 25- Jan -2005 289753 11 -Jan -2005 289933 18 -Jan -2005 289934 18 -Jan -2005 289755 11- Jan -2005 289935 18- Jan -2005 289936 18- Jan -2005 289937 18- Jan -2005 289756 11 -Jan -2005 289757 11- Jan -2005 289938 18 -Jan -2005 290061 25 -Jan -2005 290062 25 -Jan -2005 289734 11- Jan -2005 289735 11 -)an -2005 289918 18 -Jan -2005 289919 18 -Jan -2005 290048 25- Jan -2005 289758 11 -)an -2005 289940 18 -Jan -2005 290063 25 -Jan -2005 289759 11- Jan -2005 289942 18- Jan -2005 290064 25- Jan -2005 290065 25- Jan -2005 289706 11- Jan -2005 289943 18 -Jan -2005 289761 11 -)an -2005 289762 11 -Jan -2005 289944 18 -Jan -2005 Cheque No Cheque Date Purpose AP5200 Page 6 ADMINISTRATIVE REFUND MATERIALS MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE CONSULTING SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS ADMINISTRATIVE CONSULTING SERVICES ADMINISTRATIVE REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS UTILIRES UTILITIES ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND CONTRACT SERVICES ADMINISTRATIVE MATERIALS CONSULTING SERVICES CONTRACT SERVICES CONSULTING SERVICES Amount 560.17 125.00 312.37 114.69 750.00 12,631.23 128,618.16 4.66 2,772.50 373.75 1,224.75 430.10 150.00 2,361.76 1,235.85 750.00 612.92 1,759.50 58.59 169.41 750.00 226.54 3,215.80 4,838.93 237,874.46 587.40 18.70 960.48 230.00 1,416.11 12,991.70 3,655.38 817.44 5,000.00 973.17 120.00 107.00 1,080.00 276.00 48.30 29.43 302.50 2,574,166.29 360,692.39 85,425.28 212,038.94 1,380,516.76 12,384.30 73.49 6,453.57 77.90 2,972.09 750.00 1,274.00 856.00 1,035.00 22,094.68 4,998.22 1,841.72 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS UNIFORM UNIFORMS UNITED LABORATORIES UNUM LIFE INSURANCE COMPANY URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC VADIM COMPUTER MANAGEMENT GROUP LTD VANDER WEYDEN CONSTRUCTION VANDERWEYDEN,ADRIAN VANN MEDIA VIC VATRT CONTRACTING LTD VINELAND QUARRIES WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WATT,DAVID WEIR FOULDS WEIR FOULDS WESTBURNE /RUDDY WILLMS SHIER WINMAR NIAGARA WRIGHT FUELS INC WSIB WSIB WYLIE,BRENDA YARNELL OVERHEAD DOOR YELLOW PAGES GROUP ZANETTIN,ROGER the City of Niagara falls Condo 289763 11- Jan -2005 289945 18- Jan -2005 290066 25- Jan -2005 289946 18- Jan -2005 289947 18- Jan -2005 289948 18- Jan -2005 289949 18- Jan -2005 290067 25 -Jan -2005 290068 25- Jan -2005 290070 25- Jan -2005 290069 25- Jan -2005 290071 25- Jan -2005 289764 11- Jan -2005 290072 25- Jan -2005 289766 11- Jan -2005 289765 11- Jan -2005 290073 25- Jan -2005 289768 11- Jan -2005 289769 11 -Jan -2005 289951 18 -Jan -2005 289770 11- Jan -2005 289771 11 -Jan -2005 289952 18- Jan -2005 290074 25 -Jan -2005 289954 18- Jan -2005 290075 25- Jan -2005 289773 11- Jan -2005 289956 18- Jan -2005 289774 11- Jan -2005 289957 18- Jan -2005 AP5200 Cheque No Cheque Date Purpose CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONSULTING SERVICES MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE MAINTENANCE AND REPAIRS Page 7 Amount 2,290.01 4,028.55 3,829.48 193.20 1,920.45 1,169.32 11,281.21 12,956.14 1,150.00 6,015.01 750.00 186.25 59,424.77 450.67 312.39 700.61 4,453.08 85.60 7,078.05 10,141.00 424.35 995.90 1,961.75 31,860.26 19,927.24 12,204.15 71.20 299.60 22.31 898.50 Total: 10,330,552.38 The City of Niagara Falls Canada r Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -10 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: rkallio @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario February 14, 2005 Re: L- 2005 -10 Termination of Option Agreement between Metrus Properties Limited and The Corporation of the City of Niagara Falls Our File No. 2004 -130 R. 0. Kallio City Solicitor That Council consents to and authorizes the execution of a Termination Agreement with respect to an Option Agreement dated November 1, 2000 between Metrus Properties Limited "Metrus and The Corporation of the City of Niagara Falls "City "Option Agreement concerning lands owned by the City located on the Montrose Business Park "subject lands On November I 2000, Metrus entered into an Option Agreement with the City, to purchase all or some of the subject lands. The Option Agreement is in effect until November 9, 2005. Metrus has never exercised its option to purchase the subject lands. In fact, Metrus released portions of the subject lands from the Option Agreement to facilitate various offers the City had with third parties. However, portions of the subject lands remain bound by the existing Option Agreement. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 14, 2005 L- 2005 -10 In an effort to have the subject lands more marketable, it would be prudent at this time to release all the remaining subject lands which continue to be bound by the Option Agreement Staff has been advised by Metrus that it is agreeable to terminating the Option Agreement. Prep A i by: Mary orrone Law Clerk Rec d by: y &a io City Solicitor A .proved by: for T. Rav da Executive Director of Corporate Services MM /lb attachs. Respectfully submitted: A John MacDonald Chief Administrative Officer Niagara Cara Of Niagara Falls( Canada Members: Corporate Services Department PD- 2005 -10 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, 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 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario February 14, 2005 Re: PD- 2005 -10, Matters Arising from the Municipal Heritage Committee RECOMMENDATION: It is recommended that Council endorse the matter arising from the Municipal Heritage Committee. BACKGROUND: The following matter was reviewed by the Municipal Heritage Committee and is brought forward for Council's consideration. Heritage Week Since 1974, Heritage Canada has recognized the third Monday in February as Heritage Day. Because of Ontario's rich and diverse heritage, the Province expanded it in 1985 to Heritage Week. The theme for Heritage Week is determined by the Federal Government in conjunction with the Heritage Canada Foundation. This year's theme is "Heritage of Our Sacred Places Municipal Heritage Committee adopted the following motion: "THAT Council proclaim the week of February 21 to February 27, 2005 as Heritage Week in the City of Niagara Falls." A proclamation is included in tonight's Council package agenda. Various activities are being Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 14, 2005 organized to celebrate Heritage Week including a three -day display, February 18, 19 and 20, 2005, at Niagara Square, to kick off Heritage Week celebrations. Prepared by: ND:pb Nick DeBene.etti 6°r John MacDonald Assistant Planner Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravend Executive Director of Corporate Services S:\PDR\2005\PD2005 -10, Matters Arising from MHC.wpd 2 PD- 2005 -10 Respectfuj4y submitted: PROCLAMATION WHEREAS the protection, preservation and promotion of our built, natural and cultural heritage is recognized as contributing to the enrichment of the community, the Council of the Corporation of the City of Niagara Falls hereby proclaims FEBRUARY 21 27, 2005 as HERITAGE WEEK All citizens are encouraged to celebrate the history and heritage of our community through cultural exchange programs, projects and visits to historic sites, exhibits and commemorative events. You are hereby invited to participate in events that will assist in the enrichment and development of our understanding of the origins and history of our community and create a common identity. This year's theme is "HERITAGE OF OUR SACRED PLACES This theme brings a better awareness of the ways in which places of worship reflect the religious ideas and social values of our ancestors, as well as the aspirations of our past and current communities. Every community has contributed its own traditions and beliefs represented through its own landmarks special places that tell their unique stories. By examining these locations, we can understand more about the roots of Canadian diversity and the way diversity expresses itself in our communities. Mayor R. T. (Ted) Salci Niagara Cara Falls( of Niagara Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. RECOMMENDATION: It is recommended that: 1) Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 328, 329 330, Registered Plan 40, described as Parts 1 to 5 (inclusive), Reference Plan 59R- 12654, as exempt from Part Lot Control; 2) the applicant be required to notify the City when the separate deeds have been registered; and 3) Council authorize staff to enter into any required agreements and execute any related documents regarding the transfer of an easement to the City over Part 5, Reference Plan 59R- 12654 (and abutting land to the east) for storm sewer maintenance. BACKGROUND: Corporate Services Department PD 2005 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, 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 February 14, 2005 Re: PD- 2005 -11, Request for Removal of Part Lot Control Portions of Lots 328, 329 330, Registered Plan 40 6272 6286 Ash Street Owner: Mountainview Homes In a letter dated January 25, 2005, the applicant submitted a request to remove this property on the south side of Ash Street, west of Drummond Road from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The construction of the existing on- street townhouses on the subject land was initiated in June 2004 and separate connections for water service, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plan 59R -12654 (Schedule 2) shows the configuration of the proposed lots, building foundations and centreline of the common wall between units. The land is zoned Residential Mixed (R3) through site specific By -law No. 2001 -266 and the development satisfies Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 14, 2005 2 PD- 2005 -11 the zoning provisions. Approval of a Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. This site is part of the larger redevelopment of the former union hall property. Condominium approval has been granted for the residential apartments in the renovated union hall building. Additional on- street townhouses will be constructed on the land directly to the south and east of the subject land and further requests to remove Part Lot Control will be required prior to the sale of the future units. The overall development necessitated a rear yard catch basin and storm sewer to service the land. Part 5 on the Reference Plan represents a portion of the land containing the storm sewer over which the applicant must grant an easement to the City. An additional four feet in width is required to the east covering the balance of the required easement area. The easement is to be granted to the City and assurance given that the remaining easement land will be transferred prior to staff registering the Part Lot Control by -law. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land to allow separate ownership of each on- street townhouse unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda. A separate recommendation addresses requirements for the storm sewer easement to be granted to the City. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: r T. Ravenda Executive Director of Corporate Services RW:pb Attach. Respectfullysubmitted: b" John MacDonald Chief Administrative Officer S:\PDR\2005\PD2005 -11, Request for Removal of Part Lot Control, Mountainview Homes.wpd January 25, 2005 City of Niagara Falls Planning and Development P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Rick Wilson Re: Removal of Part Lot Control Please accept this statement of intent as our application to have Part Lot Control removed for the lands known as Part 1 of Reference Plan 59R- 12167. The townhouses which have been erected on the aforementioned lands are in accordance with the applicable zoning, and it is our intent to register the property under a separate Reference Plan so that the lands may be deeded to individual purchasers at their respective times of closing. Please find enclosed herewith a copy of the preliminary Reference Plan to aid in the application, and a cheque in the amount of $250.00 to meet the City's administrative costs. Should the City have any questions or concerns, please contact the undersigned. We appreciate all efforts to expedite this application. Respectfully, MOUNTAINVIEW HOMES 3350 Merrlttville Highway. Unit *9. Thorold, ON L2V 9Y6 Tali 905- 688 -3100 Fax: 905 -588 -5529 E-mail: homesaimountalnvlew. corn www. mountainview.com RECEIVED ..i► Planning Scanned Rio fillMia iCioa JAN 2 6 2005 PLANNING DEVELOPMENT Removal of Part Lot Control SCHEDULE 1 Portions of Lots 328, 329 330, Registered Plan 40 6272 6286 Ash Street Location Map ASH ST NW I MURRAY ST Subject Land s K \GIS Requests \2005 \Schedules\PLc\62226286 ash \6272 -6266 ashapr s I:NTS January 2W5 SCHEDULE 2 w 1 V F 8 D E. N M N o i 4 UC UWIV ,ht'Z6 SZC 101 .9 io n 0 2 F :I—I i ac 101 6 I -1 1 1 tea m 's A; N 0 o.l A 4 ,Y5'Zb r wl (J. o.. 4 333.04 o wo .s'iz P m o it N Q M n a ,1526 4• (e.w Ed '1d) O d .1526 3,ISAN M .23 3, ISAN www_ (V 3.I0LN F 1- O Q 3, t 1. 0 M cci 0) N M N M N 1-- O J 1 0 0 d .c Q Q a d ttc o n J z d 0 Z a* r1 3 t n r H 6 LL 0 g o- J t a r ,9I b. b 15'26 I .SYa w (...m. ILD'IBl ITV') w S WUM x 3. AN I F (N wow nmow D 2 8 A 5 The City Of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND Community Services Department R- 2005 -11 Parks, Recreation Culture Adele Kon 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario The changes recommended in the Policy are as follows: February 14, 2005 Re: R 2005 -11- Revised Municipal Alcohol Risk Management Policy a) That City Council approve the attached revised Municipal Alcohol Risk Management Policy; and b) That the approval for Special Occasions Permits on municipal property be done by staff as per Council policy. Since the original approval of the Municipal Alcohol Risk Management Policy and revised May 1, 1996, staff has reviewed the policy and has attached a revised copy that reflects "housekeeping" changes. Staff has met with major organizations to review these changes. 1. Change the name Liquor Licensing Board of Ontario to Alcohol and Gaming Commission, which reflects the provincial change. 2. Increase the Liquor Liability Insurance from $1,000,000.00 to $2,0000,0000.00 to better reflect today's market, as well as the recommendation of the Ontario Recreation Facilities Association in their M.A.P. guidelines. 3. Signs will display a Statement of Intoxication indicating that it is illegal to serve patrons to a state of intoxication. The sign will be placed near the serving area. 4. Addition of a Safe Transportation section to prevent intoxicated participants from driving. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services February 14, 2005 R- 2005 -11 5. All groups wishing to utilize a City owned facility for serving alcohol at a special event must obtain approval from City Staff. Applications for use of City facilities can be obtained from the Parks, Recreation Culture office. Previously, requests for Special Occasion Permits on municipal property were approved by Council. The reports have traditionally appeared on the Consent Agenda. Staff could not remember the last time in which Council raised a concern about the issuance of such permission; therefore, it is suggested that these requests be processed internally, which will also allow the requests to be processed more expeditiously during the summer months. It should be noted that Council will remain apprised of future changes to Municipal Alcohol Risk Management Policy. Also, Council approval may be required for an event requiring specific exemptions under the City's Noise By -law. Such exemptions are necessary if a proposed outdoor event is scheduled past 9:00 p.m. (If not in the exempted area as per By -law 2004 -105). Staff respectfully requests Council's endorsement of this report which staff believes best reflects Council's support for responsible serving of alcohol beverages in City owned facilities. Prepar Com n 1 evelopment Coors' ator Prepared by: Dean Io City Clerk VS /DI/das Attachment Recommended by: dele Kon Director of Parks, Recreation Culture Respectfully s}lbmitted: tJ John MacDonald Chief Administrative Officer S: \Council \Council 2005\R- 2005 -11- Revised Municipal Alcohol Risk Management Policy.wpd THE CORPORATION OF THE CITY OF NIAGARA FALLS MUNICIPAL ALCOHOL RISK MANAGEMENT POLICY MAY I, 1996 (Revised February 14, 2005) Darr Alcohol Policy No. 1000.40 TABLE OF CONTENTS Preamble 1 1.0 Purpose of the Policy 2 2.0 Areas Designated for Conditional Use of Alcohol 2 3.0 Certification/Training 3 Smart Serve Program (S.S.P.) 4.0 Controls 4,5 5.0 Statement of Intoxication 6 6.0 Accountability and Signage 7 7.0 Safe Transportation 8 8.0 Penalty 8 9.0 Enforcement Procedures for Policy Violations 8, 9 10.0 Policy Monitoring and Revisions 9 11.0 Applications 9 12.0 Insurance Policy 9 13.0 Noise Policy 10 Appendix "A" Special Occasion Permit (S.O.P) Holder Agreement Appendix "B" S.O.P. Accountability Appendix "C" S.O.P. Holder Certified or Trained Event Workers Appendix "D" Areas Designated for Conditional Use of Alcohol Appendix "E" City of Niagara Falls and Special Occasion Permit Holder Event Evaluation Form PREAMBLE: CITY OF NIAGARA FALLS MUNICIPAL ALCOHOL RISK MANAGEMENT POLICY The City of Niagara Falls owns and manages facilities where alcohol consumption is not permitted, and other facilities where alcohol consumption is permitted under the authorityofa Special Occasion Permit. The City of Niagara Falls has developed this Municipal Alcohol Risk Management Policy in order to: 1) prevent alcohol related problems that may arise from alcohol consumption within its' facilities, and 2) to promote a safe, enjoyable environment for those who use these facilities. A range of problems can arise from alcohol consumption. These problems can affect not only the person or persons consuming alcohol, but other people who use the facilities, and the general public. These problems may include: Injuries to drinkers or other individuals Liability action arising from alcohol related injuries or deaths Loss of insurability should the insurer's risk assessment escalate Increased insurance rates as a result of alcohol related incidents Suspension or loss of alcohol permit privileges by the Alcohol and Gaming Commission of Ontario (A.G.C.O.) Charges laid against the City under the Liquor Licence Act Police being called to municipal property Vandalism and destruction of City property Loss of enjoyment by non drinkers and moderate drinkers Complaints lodged by offended parties Reduction in use of facilities by people concerned about alcohol consumption Loss of revenue due to reduced participation Increased public concern about alcohol consumption In most cases, these problems will not be attributable to moderate drinkers, or to those who respect the rules regarding alcohol consumption. The majority of these problems arise from drinkers who engage in four specific drinking practices: Underage drinking Drinking in unlicenced areas Drinking to intoxication Drinking and driving To the extent that these four drinking practices can be reduced, the likelihood of alcohol related problems will correspondingly diminish. For those who do not engage in these targeted drinking practices, the policy will be minimally intrusive. The policy is not intended to stand in opposition to legal and moderate drinking. 1 1.0 PURPOSE OF THE POLICY The Municipal Alcohol Risk Management Policy consists of a range of measures designed to prevent alcohol related problems and to increase the enjoyment of those who use City facilities. By reducing the potential for alcohol related problems, the City of Niagara Falls concurrently reduces users' loss of enjoyment of the facilities, reduces the risk of injury and death, reduces the risk of liability actions, and also reduces the users loss of enjoyment of the facilities. 2.0 AREAS DESIGNATED FOR CONDITIONAL USE OF ALCOHOL The consumption of alcoholic beverages is prohibited in the majority of City facilities. Niagara Falls City Council may change the designation of any site at their discretion. The following municipal facilities are eligible to be designated as suitable for Special Occasion Permit (S.O.P.) functions: Niagara Falls Memorial Arena Stamford Memorial Arena Jack Bell Arena Chippawa Willoughby Memorial Arena Oakes Park W.L. Houck Park M.F. Ker Park C.W. Palmer Park Chippawa Lions Park City Hall Centennial Square Service Centre Firehall Theatre Lundy's Lane Historical Museum Coronation Centre Fireballs: Chippawa Station #4 Crowland Station #6 Municipal streets as approved by Council Each facility is specified in Appendix "D 2.1 That all other Municipal Owned properties shall not host Special Occasion Permit (S.O.P.) Events. They are known as: All outdoor Municipal Pools shall not host Special Occasion Permits Events because they have no approved area for gathering All dressing rooms at arenas and field houses at parks Mitchelson and Kalar Road Soccer fields as they are Youth Oriented Facilities All other open green areas, namely municipal parks and playground areas owned and maintained by the Corporation of the City of Niagara Falls All Municipal Works Areas and Niagara Falls Libraries 2.2 Further that the designated facilities known as the Coronation 50 Plus Recreation Centre and the Niagara Falls Main Library all be permitted to host Special Occasion Permit functions as the management deems acceptable. 2 3.0 CERTIFICATION/TRAINING: SMART SERVE PROGRAM (S.S.P.) In order to rent a City of Niagara Falls facility for a special occasion permit function, the event sponsor must utilize bartenders, ticket sellers, floor monitors, etc. with certification from a recognized Ontario based server program or training provided by the City of Niagara Falls. Proof of certification or training must be provided two (2) weeks prior to the event. The SMART SERVE Program (formerly known as SIP) prepared by the Hospitality Industry Training Organization of Ontario, is approved by the A.G.C.O., and is endorsed by the Ministry of Consumer and Commercial Relations. It introduces participants to the following topics: Alcohol and the Law Facts about Alcohol Standard Drink Concept Managing the Intoxicated Person Drinking Rates and Limits Establishing House Policies Signs of Intoxication The municipality, by requiring the presence of trained monitors, servers and ticket sellers at alcohol related events, is better able to discharge its responsibilities as the owner of the facility. Caterers and licenced stadia are required by law to have all personnel trained by a recognized Ontario based server program 3 4.0 CONTROLS In order to be eligible for a facility permit for a S.O.P. function, the sponsor must demonstrate, to the satisfaction of the Director of Parks and Recreation or his/her designate, that there are sufficient controls in place to prevent intoxicated or rowdy people from entering the event, and that the aforementioned participants will be refused service and escorted safely from the event. These controls will include: 4.1 That only an age of majority card, a photo driver's licence, military identification, or a passport as identification be accepted for being served or consuming alcohol. 4.2 That all entrances and exits to the event be supervised. 4.3 That a ratio of one (1) floor monitor for every fifty (50) participants be utilized. 4.4 That all event workers (monitors, bartenders, servers and ticket sellers, etc.) must be of the age of majority, and certified by a recognized Ontario based server program or trained through the City of Niagara Falls. 4.5 That all event workers (monitors, bartenders, servers, and ticket sellers, etc.) must refrain from consuming alcohol prior to and during the event. 4.6 That the sponsor provide a list of monitors, bartenders, servers and ticket sellers with their proof of certification or training when application is made for the special event, and that such list shall be posted with the group's S.O.P. See Appendix "C" 4.7 That with a minimum of one monitor, who must be trained, the area outside the licenced area at the event be patrolled as per A.G.C.O. regulations. 4.8 That a limit of four (4) drink tickets be permitted to be purchased by one person at any one time. All unused tickets are redeemable. 4.9 That a limit of four (4) drinks be served to one person at any one time. 4.10 That the person whose name is on the S.O.P. be certified from a recognized Ontario based server program or receive training through the City of Niagara Falls 4.11 That there be no "last call" announced. 4.12 That any incident or violation of the Municipal Alcohol Risk Management Policy which may endanger participants at the S.O.P. function, or off the premises of the S.O.P. function, shall be the responsibility of the S.O.P. permit holder. 4.13 That the person signing the S.O.P. must be present at the event, or his/her designate(s) (who shall be named) being the person(s) responsible for the event. 4.14 That single fence of minimum height of four (4) feet high being securely erected will be allowed if the Alcohol and Gaming Commission regulations on the specific permit allows for minors to be present within the permits' designated area, further that if minors are not allowed under Alcohol and Gaming Commission permit, then double fencing of a minimum height of four (4) feet, securely erected will remain a requirement. 4 4.15 The person signing the S.O.P. or his/her designate is responsible for decision making during the event, and therefore, must refrain from consuming alcohol prior to or during the event. 4.16 That non alcoholic beverages and food be available at all times. It is recommended that non alcoholic beverages be provided at no charge or at cost significantly lower than alcoholic beverages. 4.17 That 50% of bottle and draft beer served be classified as "light and be posted with the S.O.P. permit. 4.18 That no high alcohol (greater than 5 beer be sold. 4.19 That alcohol not be offered or given as a prize in a contest. 4.20 No Advertising of the Sale of Alcohol at the Events is permitted at facilities that are frequented by youth. 4.21 That the S.O.P. permit holder has the right to refuse admittance to persons who are under age, or to an individual who appears intoxicated. 4.22 That any beverages being served at a S.O.P. function will be served in plastic or paper containers. 4.23 That all monitors, bartenders, servers, and ticket sellers, acting in official capacity at the event, must wear an I.D. name tag approved by Parks, Recreation Culture. 4.24 That no marketing practices which encourage increased consumption, i.e., oversized drinks, double shots, pitchers of beer, drinking contests, volume discounts, will be permitted. 4.25 That Parks, Recreation Culture reserves the right to require the presence of off -duty police officers /security staff to be present for the duration of the event, the cost to be borne by the applicant. 5 5.0 STATEMENT OF INTOXICATION Signs will be displayed indicating that it is illegal to serve participants to a state of intoxication. The sign will be placed near the serving area in each licensed facility and will read: CITY OF NIAGARA FALLS COMMUNITY SERVICES DEPARTMENT It is against the Liquor Licence Act of Ontario for licensed establishments to serve customers to intoxication. Servers in our facilities are required to obey the law and not serve anyone to intoxication. We believe that people use our facilities for enjoyable social gatherings, and we are happy to provide this opportunity. Should you wish a non alcoholic drink, request a soft drink, coffee or other alternative. Should you wish a smaller portion of alcohol, request a low- alcohol beer, wine or mixed drink. RATIONALE It is a Provincial Offence to serve someone to intoxication. Provisions in the Liquor Licence Act authorize servers of Liquor to cut off over indulgent consumers. Individuals /groups named on Special Occasion Permits and facility owners are responsible for the safety and sobriety of the people attending the event. 6 6.0 ACCOUNTABILITY AND SIGNAGE Signs must be prominently posted at all Special Occasion Permit functions informing the public where they can direct their concerns. The sign will name the sponsor of the event, the name of the Special Occasion Permit holder, and the addresses and telephone numbers of the City of Niagara Falls Parks, Recreation Culture, the Niagara Regional Police and the Alcohol and Gaming Commission. Additional signs identify the need for a permit and it is against the law to serve a person beyond the point of intoxication. Depending on the final designation, the minimum requirements for the sign size shall be 24 inch wide by 14 inches high. There shall be uniformity in the signs outlining: Sign "A" Event Sponsor Name of Special Occasion Permit Holder City of Niagara Falls Parks, Recreation Culture 7565 Lundy's Lane Niagara Falls, Ontario (905) 356 -7521, Ext. 4326 Niagara Regional Police Service 4343 Morrison Street Niagara Falls, Ontario (905) 688 -4111, Ext. 4220 Alcohol and Gaming Commission of Ontario 55 Lakeshore Boulevard, East Toronto, Ontario (416) 326 -0431 Sign "B" Alcohol Beverages by Special Occasion Permit Only Violators immediately forfeit all rights to the use of facility. Sign "C" No Alcohol Beverages Permitted Violators immediately forfeit all rights to the use of facility. RATIONALE It is not possible for the police and Liquor Licence Inspectors to check on all Special Occasion Permit functions. The signs serve notice to the permit holder that while enforcement personnel may not attend the event, concerned participants will know where to lodge a complaint. 7 7.0 SAFE TRANSPORTATION That only individuals, groups or organizations implementing a safe transportation strategy involving a designated driver program combined with an additional alternate home transportation option (to prevent intoxicated participants from driving) be permitted rental/use priveleges of facilities for special occasion permit functions. Examples: Designated Driver Program to be advertised at event Designated Driver to be identified to servers and monitors Designated Driver to receive free or low cost non alcoholic drinks (i.e. coffee, pop, juice) Intoxicated person to be driven home be a sober friend whom will assume the responsibility of the intoxicated person and that the details be so documented by the Licensed Group or be provided with a taxi ride home. 8.0 PENALTY Any individual or group bringing alcohol onto designated municipal properties must have a Special Occasion Permit. Special Occasion Permit Holders violating city policy and procedures and/or the Liquor Licence Act may be refused future rental privileges. Future rentals to such individuals or groups will depend on them demonstrating to the Director of Parks, Recreation Culture or designate and City Council that all the rules will be followed at future functions. RATIONALE Policy violators must be penalized sa as not to jeopardize the use of the facility by other responsible organizations or individuals. The Alcohol and Gaming Commission of Ontario has the authority to refuse to issue Special Occasion permits for a particular premise if there has been evidence that the laws had been violated during the event. 9.0 ENFORCEMENT PROCEDURES FOR POLICY VIOLATIONS 9.1 A violation of this policy occurs when the Special Occasion Permit holder fails to comply with the conditions of the Liquor Licence Act of Ontario, or the Municipal Alcohol Risk Management Policy. Intervention can be initiated by a participant at the event, a City of Niagara Falls staff member, a member of Niagara Regional Police, or an Inspector of the Liquor Licence Board of Ontario. 9.2 A member of the organizing group, the S.O.P. holder, or monitor may intervene by informing the offending individual(s) of the policy violation and asking that it stop. Group members, the S.O.P. holder, and monitors are encouraged to intervene in this way because intervention at other levels could result in a loss of privileges and legal charges. 9.3 A City of Niagara Falls staff member will intervene whenever he or she encounters a violation of the policy. Depending upon the severity of the policy infraction, City of Niagara Falls staff may ask the organizers of the event to stop the violation, or they may close down the S.O.P. 8 portion of the event. Should the organizers fail to comply, staff members may call the police for enforcement. 9.4 Where the Special Occasion Permit holders have violated the Municipal Alcohol Risk Management Policy, and have been warned by a City of Niagara Falls staff member, the sponsoring organization will be sent a registered letter advising of the violation, and indicating that no further violations will be tolerated. 9.5 Should the Special Occasion Permit holder violate the policy within one year of receiving notice of their first violation, the organizers will be suspended from Special Occasion Permit privileges at all municipal facilities for a period of one year. A registered letter will be sent to the S.O.P. holder and sponsoring organization advising of the suspension. A copy of the suspension letter will be provided to Niagara Falls City Council. 9.6 A member of the Niagara Regional Police or an Inspector from the Alcohol and Gaming Commission of Ontario may intervene in a violation of this policy on his or her initiative, or in response to a request from either a City of Niagara Falls staff member or a member of the general public. Depending upon the severity of the infraction, charges may be laid under the Liquor Licence Act of Ontario, or any other relevant legislation. 10.0 POLICY MONITORING AND REVISIONS That the policy be reviewed every year by the City of Niagara Falls Senior Management staff and reported to the City of Niagara Falls Council with suggested policy changes, if required. 11.0 APPLICATIONS Liquor Licence applications are approved by the A.G.C.O. All groups wishing to utilize a City owned facility for the serving of alcohol at a special event must also obtain approval from City Staff. Applications for use of City facilities can be obtained from the Parks, Recreation Culture office. The forms should be completed and submitted to the Parks, Recreation Culture office 21 days prior to the event. 12.0 INSURANCE POLICY Individuals or groups sponsoring a Special Occasion Permit function at a facility listed in the Municipal Alcohol Risk Management Policy, must show proof to the Director of Parks, Recreation Culture or his/her designate at least two (2) weeks prior to the event, that they have a minimum of $2,000,000.00 Liquor liability insurance coverage and that the City of Niagara Falls is named as co- insured. The permit holder will indemnify and save the City of Niagara Falls harmless from all claims arising from the permit or event. 9 13.0 NOISE POLICY That the Special Occasion permit be also governed by the Municipal Noise Bylaw 2004 -105. As per the aforementioned by -law, the playing of music either by band, DJ, radio or other forms at special events held outdoors, sanctioned by a Special Occasion Permit on Municipal Property, cease by 9:00 P.M. each day that their Special Occasion Permit covers. The process for requests for exemptions under the Municipal Noise Bylaw are outlined under Section 7 of said by -law (By -law 2004 -105) and require, amongst other requirements, a written application with full particulars and supporting documentation to the Chief Building official. 1 0 APPENDIX "A" SPECIAL OCCASION PERMIT (S.O.P.) HOLDER AGREEMENT (please print) NAME OF ORGANIZATION NAME OF PERMIT HOLDER CERTIFICATION 4. The Permit Holder understands that they can be held liable for injuries and damage arising from failure to adhere to the Liquor Licence Act of Ontario, or from otherwise failing to take action that will prevent foreseeable harm from occurring. 5. The Permit Holder understands that the Police and/or a Liquor Licence Inspector can lay charges for infractions of the Liquor Licence Act of Ontario or other relevant legislation. SIGNATURE: Address: Phone No. OFFICE USE Agreement received by: Date: 1. The Permit Holder has received and reviewed a copy of the Municipal Alcohol Risk Management Policy. 2. The Permit Holder agrees to adhere to the conditions of this policy and the Liquor Licence Act of Ontario. 3. The Permit Holder understands that if an infraction of the policy occurs, the City of Niagara Falls may warn or suspend the organization from A.G.C.O.. permit privileges to use City facilities for one year. Day/Month/Year Permit Holder Parks, Recreation Culture 1 1 Facility Owner Regional Police A.G.C.O. Alcohol Gaming Commission of Ontario 55 Lakeshore Boulevard, East Toronto, Ontario M5E 1A4 Telephone: (416) 326 -0431 APPENDIX "B" S.O.P. ACCOUNTABILITY Name of Group Sponsoring Event Name of Special Occasion Permit Holder Address and Phone Number of Permit Holder City of Niagara Falls Parks, Recreation Culture 7565 Lundy's Lane, Niagara Falls, Ontario L2H 1G9 Telephone: (905) 356 -7521, Extension 4326 After Hours: (905) 356 -1355 Niagara Regional Police Service 4343 Morrison Street, Niagara Falls, Ontario L2E 6Z9 Telephone: (905) 688 -4111 Ext. 4220 12 (Please Print) CERTIFIED OR TRAINED EVENT WORKERS (MONITORSBARTENDERS/ SERVERS/TICKET SELLERS) (Please Print) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. APPENDIX "C" S.O.P. HOLDER CERTIFIED OR TRAINED EVENT WORKERS S.O.P. HOLDER AND DESIGNATE(S) Use additional forms, if necessary. Proof of certification or training must be provided two (2) weeks prior to the event. 13 AREAS DESIGNATED FOR CONDITIONAL USE OF ALCOHOL OAKES PARK Entire fenced park area Ball diamond side of park Pitch and track side of park East side of park fieldhouse building Curfew 11:00 p.m. W.L. HOUCK South side of park fieldhouse building Curfew 11:00 p.m. M.F. KER PARK Diamond #1 fenced area Pitch #1 fenced area Curfew 11:00 p.m. C.W. PALMER PARK Concession/restroom area Curfew 11:00 p.m. NIAGARA FALLS MEMORIAL ARENA Blue Line Room Ice floor area Upper Lobby Area STAMFORD MEMORIAL ARENA Recreation viewing room JACK BELL ARENA Ice floor area 2 floor view area APPENDIX "D" CHIPPAWA WILLOUGHBY MEMORIAL ARENA Meeting Room Roped -off lobby area Ice floor area East side of arena building CHIPPAWA LIONS PARK Outside area, directly north of the Fire Hall Building Chippawa Lions Hall Curfew 11:00 p.m. 14 CITY HALL CENTENNIAL SQUARE SERVICE CENTRE FIREHALL THEATRE LUNDY'S LANE HISTORICAL MUSEUM FIREHALLS Chippawa Station #4 Crowland Station #6 15 APPENDIX "E" CITY OF NIAGARA FALLS and SPECIAL OCCASION PERMIT HOLDER EVENT EVALUATION FORM (TO BE COMPLETED BY THE EVENT HOLDER AND THE CITY STAFF PERSON) 1)Name of Event: 2)Location of Event: 3)Date(s) of Event: Was Served: 4)Time(s) When Alcohol 5)Estimate number of persons attending and/or participating 6)Were there any incidents that occurred at your event. No Yes (if yes, please describe) 7)What areas /items /sections of the Municipal Alcohol Risk Management Policy could be reviewed and/or improved upon that would better serve your event? 8)What areas /locations of the facility where your event was held could be improved upon to better assist your group /your job in following and implementing the Municipal Alcohol Risk Management Policy? 16 9) Other comments would be appreciated: (PRINT NAME) (SIGNATURE) (DATE: Day, Month, Year) NAME OF EVENT PERSON COMPLETING THIS EVALUATION: *Your evaluation form must be returned to the City of Niagara Falls Community Services Department (Parks, Recreation Culture) 7565 Lundy's Lane Niagara Falls, Ontario L211 1G9 or FAX (905) 356 -7404 NO LATER THAN 96 HOURS AFTER THE COMPLETION OF YOUR EVENT. (PLEASE DO NOT WRITE IN THIS SPACE) FOR OFFICE USE ONLY DATE RECEIVED: (Day- Month -Year) TIME RECEIVED: STAFF PERSON RECEIVING THE EVALUATION: (Signature) S:\Policies\l unicipal Alcohol's funicipal Alcohol Risk Management February 14.05.wpd 17