Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2006/01/23
COUNCIL MEETING Monday, January 23, 2006 Order of Business and Agenda Package COUNCIL MEETING January 23. 2006 PRAYER: Alderman Joyce Morocco O CANADA: Jennifer Farmer, Stephanie Farmer and Jenya Hiebert members of the Westlane Choir will sing the National Anthem. ADOPTION OF MINUTES: Council Minutes of December 5, 2005 and Council Minutes of December 12, 2005. Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. TVN/ Television Niagara DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Wendell Wilks, President and CEO forTVN /Television Niagara Inc. will address Council regarding recent CRTC decision to deny a television license in the Niagara Region. -AN D- Memo from City Clerk Big Brothers Big Sisters Jon Braithwaite, Executive Director of Niagara Falls Big Brothers Big Sisters will provide an update on his organization's activities and outline upcoming fundraising events. PLANNING MATTERS Public Meeting Recommendation Report, Deerfield Estates, Draft Plan of Subdivision 26T -11- 2005 -03 (Revised), Zoning By -law Amendment Application AM- 27/2005 Owner: River Realty Development (1976) Inc. Background Material: Recommendation Report: PD- 2006 -04 -AND- Correspondence from David Farley, Director of Planning Services at the Region Correspondence from Joyce Sankey, President, Niagara Falls Nature Club MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association For Marriage and Family Therapy requesting that February 13 -17, 2006 be proclaimed as "Marriage Checkup Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERKS MATTERS 1. Chief Administrative Officer CD- 2006 -01 Council Information Package LEGAL MATTERS 1. Chief Administrative Officer L-2006-03- Request for Clarification of Comments made by Ms. Italia M. Gilberti regarding the Architectural Peer Review and the Tourism Policy Review Implementation Status MUNICIPAL WORKS MATTERS 1. Chief Administrative Officer MW- 2006 -05 Niagara Falls Pollution Control Plan Committee Member Selection PARKS. RECREATIONS AND CULTURE MATTERS 1. Chief Administrative Officer R- 2006 -05 Welcome Sign at QEW /Mountain Road 2. Chief Administrative Officer R- 2006 -03 Heritage Master Plan -AND- Correspondence from Joe Longo, Chief Librarian Correspondence from Sherman Zavitz, Official Historian, City of Niagara Falls Correspondence from Gordon West, Chair, City of Niagara Falls Museums 3. Chief Administrative Officer R- 2006 -06 Arena Twin Pad Complex Proposed additional seating. RATIFICATION OF CORPORATE SERVICES (Alderman Wayne Campbell, Chair) 1. THEREFORE BE IT RESOLVED THAT Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34 (17) of the Planning Act, R.S.O., that the changes to the proposed zoning by -law for Application AM- 06/2005 (3965 Oliver Street) are minor in nature and do not require any further notice. 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. F- 2006 -04 Municipal Accounts F- 2006 -05 Borrowing By -Law 3 RESOLUTIONS F- 2006 -06 Approval of Spending Limits Prior to the Approval of the 2006 Budget Estimates L- 2006 -01 Jennings Encroachment Agreementwith the City, 4481 Park Street, Niagara Falls, File no. 2005 -322 L- 2006 -02 Amendment to Niagara Region Courts Intermunicipal Agreement PD- 2006 -01- Zoning By -Iaw Amendment Application, AM- 11/2005 4554 and 4564 Montrose Road, Applicant: Altieri Building Supplies Limited, Agent: Raimondo Associates Architects Inc. PD- 2006 -02 Official Plan and Zoning By -Law Amendment Application, AM- 06/2005, 3965 Oliver Street, Applicant: Ralph Terrio, Agent: Wayne Thomson, Expansion of a Dwelling Located Within an Environmental Protection Area Designation and Within a Hazard Land Zone. PD- 2006 -03 Regional Draft Forest Conservation By -Iaw Review and Request for Delegation of Authority PD- 2006 -05 Request for Removal of Part Lot Control Portions of Lots 325, 326, 327 328, Registered Plan 40, 6248 -6266 Ash Street, Owner: Mountainview Homes PD- 2006 -06 Request for Extension to Draft Plan Approval, Warren Woods Draft Plan of Subdivision, Municipal File: 26T -96001 (Revised), Owner: Warren Woods Land Corporation 617567 NB Inc. BBS- 2006 -01 Indexing of Permit Fees 2006 MW- 2006 -02 Portage Road and Morrison Street (west intersection) School Crossing Guard Review MW- 2006 -03 Retention of Consultant for the Kalar Road Basement Flooding Abatement Environmental Assessment MW- 2006 -01 Contract 2005 154 -05 Stamford Street and McRae Street Sewer Separation MW- 2006 -04 Central Pump Station High Rate Treatment Facility Cost Sharing MW- 2006 -07 Consultant Retention for Park Street Crysler Avenue to Victoria Avenue MW- 2006 -08 -2006 Water Distribution Subsystem Annual and Summary Report R- 2006 -01 Actions Stemming from the Mayor's Youth Advisory Committee Meeting of November 9, 2005 FS- 2006 -01 Agreement with Fire Monitoring Technology Inc. to provide electronic direct to Fire Services notification of fire signals FS- 2006 -02 Agreement with Wireless Works to Provide Radio Airtime BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -01 A by -law to establish Part 3 on Reference 59R -12705 as a public highway, to be known as and to form part of Riall Street. 2006 -02 A by -law to establish Part 5 on Reference Plan 59R -12840 as a public highway, to be known as and to form part of Detenbeck Road. 2006 -03 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12902 as a public highway, to be known as and to form part of Dorchester Road. 2006 -04 A by -law to establish Part 2 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of McLeod Road. 2006 -05 A by -law to establish Part 4 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of McLeod Road and part of Garner Road. 2006 -06 A by -law to establish Part 5 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of Garner Road. 2006 -07 A by -law to establish Part 9 on Reference Plan 59R -12956 as a public highway, to be known as and to form part of Dorchester Road. 2006 -08 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2006 -09 A by -law to authorize the execution of an amendment to the Niagara Region Courts Intermunicipal Agreement with The Corporation of the Town of Fort Erie, The Corporation of the Town of Grimsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold, The Corporation of the Township of Wainfleet, The Corporation of the City of Welland, The Corporation of the Township of West Lincoln and The Regional Municipality of Niagara. 2006 -10 A by -law to authorize temporary borrowing. 2006 -11 A by -law to authorize the execution of an Agreement with Dr. Rosmund Aidoo dated December 22, 2005, respecting the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City and the surrounding area. 2006 -12 A by -law 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. 2006 -13 A by -law to authorize the execution of a Condominium Agreement with Klein Building Company Limited, being Blocks 64 and 65 on Plan 59M -207. 2006 -14 A by -law to designate portions of Lots 325, 326, 327 328, Registered Plan 40, not be subject to part-lot control. 2006 -15 A by -law to amend By -law No. 79 -200, to permit the erection of a one family detached dwelling in a HL zone. AM- 06/2005 2006 -16 A by -law to amend By -law No. 79 -200, to permit a retail store as a temporary use. AM- 25/2005 2006 -17 A by -law to amend By -law No. 79 -200, to permit an accessory residential use and to recognize the existing landscaped open space and southerly interior side yard width. AM- 25/2005 2006 -18 A by -law to amend By -law No. 79 -200, to recognize the subject land as one lot for the purposes of providing parking and to incorporate the provisions of By -law No. 93 -96. AM-11/2005 2006 -19 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. OPA No. 64 2006 -20 Being a by -law to provide for appointments to certain Boards, Commissions and Committees Committee of Adjustment). 2006 -21 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2006 -22 A by -law to amend By -law 2004 -19, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2006 -23 A by -law to authorize the payment of $20,721,249.82 for General Purposes. 2006 -24 A by -law to amend By -law No. 79 -200, to rezone the lands from GI to LI to permit a new car agency. AM- 30/2005 2006 -25 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23r day of January, 2006. NEW BUSINESS Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Wendell Wil TVN Niagara Inc. The City of Niagara Falls Canada Date: January 23, 2006 Tonight, Council will be hearing a deputation by Mr. Wendell Wilks, President CEO for TVN Niagara Inc. As Council is well aware, Mr. Wilks proposed an English language television station to serve the Niagara Region. Niagara Falls City Council passed resolutions supporting the application and requesting that the CRTC (Canadian Radio Television and Telecommunications Commission) hold their hearings in Niagara Falls. The hearings for the licence did take place in Niagara Falls. Unfortunately, TVN Niagara Inc. was denied a licence. The CRTC was concerned about TVN's business plan and felt the proposed budget was inadequate. Mr. Wilks feels that the CRTC has infringed the freedoms of Niagarans by denying the licence. Section 2(b) of the Canadian Charter of Rights and Freedoms states the following: Everyone has the fundamental freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. Mr. Wilks is appearing before all lower tier councils in the Region soliciting their continued support of a television station in Niagara and support, in principle, of TVN's legal challenge. The resolutions of the lower tier municipalities will be forwarded to the Region for endorsement. Welland and Thorold's resolutions are attached for information. RECOMMENDATION: For the consideration of Council. Working Together to Serve Our Community Pi Broadcasting Decision CRTC 2005 -544 Canedton fadlo-telesislas told Conseil de la ram et TertnammentelionsCanmIssfack stew t&Idoommur catlane canadiennes Broadcasting Decision CRTC 2005 -544 Ottawa, 18 November 2005 TVN Niagara Inc. St. Catharines, Ontario Application 2003 1498 -0 Public Hearing in Niagara Falls, Ontario 6 June 2005 English language television station in St. Catharines http:// www. crtc. gc .ca/arctuveitsNuivecisionsizuuD ucww- J'+ r.ui... Canada The Commission denies an application for a broadcasting licence to operate an English- language commercial television station to serve St. Catharines and the Niagara region. Introduction 1. The Commission received an application by TVN Niagara Inc. (TVN) for a broadcasting licence to operate an English- language commercial television programming undertaking in St. Catharines, Ontario. TVN proposed that the new station would operate on channel 22C with an effective radiated power of 401,000 watts and would provide programming designed to serve St. Catharines and the Niagara region. 2. Consistent with the procedure generally followed by the Commission in such cases, the Commission issued a call for applications from other parties, and directed that any such applications be filed no later than 7 February 2005. The Commission did not receive any applications in response to the call. 3. The Commission considered the application by TVN at a public hearing commencing 6 June 2005 in Niagara Falls, Ontario. The application 4. TVN is a commercial corporation with share capital that does not currently own any broadcasting undertakings. TVN proposed to establish the first over the -air television station specifically designed to serve St. Catharines and other parts of the Niagara region of Southern Ontario. The main studio would be located in St. Catharines, with others in Welland, Niagara Falls and Oshweken. The applicant indicated that its proposed station would primarily target "baby boomers" between the ages of 47 and 53, as well as older viewers between the ages of 54 and 69. Although primarily a station for viewers in the Niagara region, TVN's business plan anticipated that the proposed television station would receive priority carriage by broadcasting distribution undertakings (BDUs) serving most of the Toronto extended market. 5. TVN's Canadian programming would consist mainly of programs produced in St. Catharines and the Niagara region. Its proposed schedule would include 34.5 hours of original programming per week reflecting local needs and interests, including 19.5 hours of original station produced news. TVN's local programming other than news would include a variety of programs designed to reflect different aspects of the Niagara region, including its ethnic communities, economic foundations, institutions of higher learning, sports sector and leisure pursuits. A program called Six Nations Report would be produced by the Oshweken First Nations Aboriginal community, and one called Village Square would reflect the various multicultural communities in the Niagara region. TVN indicated that it would spend a total of 1 of 7 11/25/2005 11:04 AM Broadcasting Decision CRTC 2005 544 http:// www. crtc. gc. caiarcnivei tJ iNUivecisionsiZuuJ /uoww J•+-r.uu... $3.96 million on local programming in the first year of operations, including $2.4 million on news. Most of the remaining Canadian programming would consist of repeats of the original local programming described above. 6. The applicant further proposed, beginning in its second broadcast year of operations, to broadcast 55 original hours each year of priority programming as defined in Definitions for new types of priority programs; revisions to the definitions of television content categories; definitions of Canadian dramatic programs that will qualify for time credits towards priority programming requirements, Public Notice CRTC 1999 -205, 23 December 1999. This programming would be funded by expenditures of at least $1 million per year from the Niagara Priority Programming Fund. 7. TVN's non Canadian programming would focus on the presentation of classic movies, which it described as movies at least seven years old. TVN projected that its movie programming would receive a rating of 0.5 for viewers between 25 and 54 years of age that reside in the Toronto extended market.? The classic movies would be introduced by program hosts and would be presented at various times during the week, including evenings beginning at 7 p.m. The applicant indicated that the rights for classic movies could be obtained at a price of approximately $5,000 per movie, which, when amortized over three to five plays, would result in an average hourly cost for movie programming of about $770. The revenues derived from the classic movies would be used to support TVN's local Canadian programming. TVN's total budget for movies in the first year of operations would be $2 million. 8. The applicant estimated that 45% of its advertising revenues would come from local advertisers who would be primarily interested in advertising on TVN's local programming such as the 10 p.m. newscast. The remaining 55% of its advertising revenues would come from national advertisers who would be attracted primarily by the ratings generated by TVN's classic movies in the Toronto extended market. The applicant indicated that it expected that national sales would lag until national advertisers were convinced of the station's ability to generate a significant audience. TVN would therefore focus on obtaining local advertising revenue in the early years of the licence term. 9. TVN also stated that it would produce all of its programming using digital high definition production equipment, and that it would obtain high definition digital versions of the movies that it acquires. TVN indicated that, upon approval of the current application, it would apply for a licence for a transitional digital television undertaking without delay. Interventions 10. The Commission received numerous interventions in support of TVN's application, including interventions from local councils, representatives of municipal governments, Niagara businesses and business associations, educational institutions, program producers and potential viewers. Many interveners were of the view that existing television stations in Toronto and Hamilton did not provide adequate coverage of the Niagara region, and that a local television station with a strong mandate to provide local news coverage was essential. Mr. Timothy Rigby, the Mayor of the City of St. Catharines stated: The presence of TVN Niagara in our community would provide a valuable opportunity for Niagara to tell its own story and to develop a communications infrastructure that would benefit and validate our business community and social fabric immensely. 11. Other parties commented on the application, including licensees of various cable BDUs serving the Toronto extended market, who submitted, among other things, that the addition of an over the -air television station to their basic service would disrupt current channel line -ups. The City of Hamilton also submitted an intervention in which it expressed concern that the licensing of a television station to serve the Niagara region could take revenues 2 of 7 11/25/2005 11:04 AM Broadcasting Decision CRTC 2005 -544 http /www.crtc.gc.ca/arctuve /t✓NV l7 /uec1slons /L uu D /ooLuu. -344.11 1... from the Hamilton region, making it difficult to establish another television station that would focus solely on Hamilton. 12. Opposing interventions were submitted by CTV Television Inc. (CTV), CHUM Limited (CHUM), Rogers Broadcasting Limited (Rogers), Crossroads Television System (CTS), CanWest MediaWorks Inc. (CanWest) 2 and Quebecor Media Inc. (Quebecor) (collectively, the Toronto market broadcasters), all of which are involved in the ownership of conventional television stations serving the Toronto extended market. 13. The Toronto market broadcasters submitted that, although TVN proposed to orient its service to the Niagara region, its application was predicated on its signal being received and attracting audience and revenues from the Toronto extended market. The Toronto market broadcasters noted that the Commission had licensed two new Toronto television stations in 2002 and argued that the market had not yet adjusted to the introduction of those new stations. They noted recent declines in viewing levels, revenues and profitability for Toronto television stations, and argued that the introduction of a new station at this time would have a negative impact on Toronto conventional television stations, which would decrease those stations' ability to fulfil their programming obligations. 14. Quebecor submitted that its station CKXT -TV (SUN TV),- which had been originally owned by Craig Media Inc. (Craig), had experienced a net loss of approximately $21 million in its first year of operations and was still losing money. Quebecor argued that SUN TV would be particularly hard hit by TVN's proposed station, since SUN TV also relies on the presentation of older movies. CTS argued that a TVN station would have a negative impact on its station since both stations would target older viewers. CanWest stated that in 2004, following the launch of SUN TV, market revenues had declined significantly while programming expenses continued to rise as a result of a new competitor in the market bidding for programs. CanWest submitted that these factors had resulted in a decline in CHCH -TV Hamilton's financial performance from a modest profit to a significant loss between 2000 and 2004. 15. The Toronto market broadcasters also argued that TVN's business plan was unrealistic and unsustainable, given the competition that TVN would face in the Toronto extended market. CHUM and Quebecor argued that the amounts proposed by TVN to acquire the rights for classic movies were far too low to enable TVN to offer movie packages that would attract enough viewers to achieve a 0.5 rating. Based on its long history of programming movies in prime time and during other periods, CHUM argued that a broadcaster in the Toronto extended market would need to spend a minimum of $15,000 per title, or $1,700 to $1,800 per hour, to achieve a 0.5 rating. Quebecor also expressed doubt that TVN could achieve a 0.5 rating for its classic movies in the Toronto extended market at an hourly cost of $770. 16. CHUM, CTV and CanWest were all of the view that TVN's proposal for local programming was seriously under funded. CHUM stated that the applicant's projections were one -half to one -third of the realistic costs of such programming. CTV submitted that CKCO -TV in Kitchener, a market of comparable size to the Niagara region, spends almost twice the amount projected by TVN for news, even though CKCO -TV broadcasts only 15.5 hours of local news each week. For its part, CanWest submitted that, for the 36.5 hours of local programming broadcast on CHCH -TV, it spends almost four times the amount that TVN has projected to spend on the 34.5 hours of original local programming that would be broadcast on its proposed station. 17. The Toronto market broadcasters also argued that TVN's local advertising projections were unrealistic. CTS, for example, contested TVN's belief that 45% of its advertising revenues would be local, given that the current average for Ontario television stations is 15 as reported in the Television Bureau of Canada time sales report. Rogers submitted that its OMNI stations, which are strongly oriented to local ethnic communities, generate less than 20% of their total revenues from local advertisers. CanWest stated that, although CHCH -TV provides a regional service that focuses on local communities, local advertising constituted only 12% of CHCH -TV's total advertising revenues in 2004. 3 of 7 11/25/2005 11:04 AM Broadcasting Decision CRTC 2005 -544 http: /www.crtc.gc.ca/ archive/ ENU/ Vecisions /LUUD/aiLUUD- D44,nt... 18. CHUM expressed concern that the $19.5 million of start -up funding available to TVN was likely to be insufficient. It submitted that Craig's accumulated losses and investment in SUN TV were in the order of $60 million and that, as a consequence, Craig had had to sell the station. CHUM was concerned that, if TVN were initially unsuccessful, it might abandon its original plan to focus on the Niagara region and shift its focus to the Greater Toronto Area. 19. Finally, CanWest argued that CHCH -TV already serves the Niagara region. It submitted that 10% to 15% of the news stories covered by CHCH -TV are specific to the Niagara region, and that one reporter and one camera operator are located in St. Catharines. As well, CanWest stated that CHCH -TV dispatched general assignment reporters to the Niagara region from Hamilton as necessary. Applicant's position on concerns of opposing interveners 20. In reply to concerns about the possible impact of its proposed station on the Toronto market broadcasters, TVN argued that any weakness in the Toronto extended market is a short-term phenomenon. TVN submitted that national spot sales in the Toronto extended market were $600 million annually, of which it expected to receive only about $6.4 million. As regards its possible impact on SUN TV, TVN submitted that SUN TV competes for the same type of movies as are shown by CITY -TV, whereas TVN would broadcast classic movies, which would attract an older demographic group. TVN submitted that its proposed station would not be competitive with CTS, since the latter operates a religious television station. 21. Concerning the potential appeal of its classic movies, TVN argued that a classic movie format had been responsible for the initial success of several American superstations, and that CHCH -TV had enjoyed success with a movie oriented format under previous ownership. TVN submitted that its analysis of movie programming in the Toronto market over the past three years indicated that movies achieved ratings ranging from 0.7 to 2.9, and that its projected rating of 0.5 for classic movies was therefore conservative. 22. With regard to its budget for local programming, TVN stated that it proposed to operate very efficiently. TVN indicated that it would use the same staff to produce both its 6 p.m. and 10 p.m. newscasts and that its local programming would be designed to appeal to the Niagara region rather than the competitive Toronto market. TVN also submitted that its use of high definition digital production equipment would allow it to produce local programming for less than it costs existing broadcasters to produce programming in analog format. TVN stated, "We believe TVN will be a model for a new generation of cost effective local and regional television stations using modern broadcast technology to operate at costs substantially lower than has been possible to date." 23. As to the comparatively high proportion of advertising that would be derived from local advertising, TVN argued that other stations in smaller Ontario markets as well as in Saskatchewan generate significant amounts of local advertising revenues. The applicant submitted that 1,800 local businesses in the Niagara region had stated that they would definitely advertise on the new station. TVN further submitted that its experienced staff would be able to produce local commercials at low cost. 24. In reply to statements about the adequacy of its start-up financing, TVN indicated that its financing totalled approximately $19.5 million, including $5.5 million in lease financing to acquire technical equipment, $8.945 million in shareholder financing and $5.0 million in the form of an operating line of credit, to be used if necessary. In addition, TVN stated that shareholders have a legal obligation to contribute an additional 20% of their respective original equity investment in the event of a cash call. This 20% represents approximately $1.9 million in additional equity. 25. As to the service provided to the Niagara region by CHCH -TV, the applicant submitted that CHCH -TV covers Niagara with one reporter, and focuses on major crime stories. TVN, however, would devote 25 people, including news and technical support, to covering all aspects of the region's news and current affairs. 4 of 7 11/25/2005 11:04 AM Broadcasting Decision CRTC 2005 -544 Commission's analysis and determinations http:// www. crtc. gc. ca/ arcniveitivuiliecis /zvv 26. The Niagara region is located between the major television markets of Toronto and Buffalo and the program schedules of all American and Canadian networks are receivable over the air throughout the region. Numerous other Canadian and non Canadian television stations, as well as pay and specialty services, are also widely available through BDUs. While the Commission issued a call for applications to provide service to the Niagara region, no competitive applications to the one by TVN were filed. The Commission considers that this may be in part a recognition that a new television station located in the Niagara region would operate in an extremely competitive marketplace. 27. The Commission acknowledges that approval of the TVN application would provide the Niagara region with a television station that would be dedicated to reflecting its particular needs and interests. This is evidenced by the many supporting interventions outlining the benefits that would flow to the Niagara region as a result of the establishment of the proposed station. 28. TVN's proposed television station would offer locally produced Canadian programming that would be strongly oriented to the Niagara region, complemented by non Canadian programming consisting of classic movies, obtained at a modest price, targeted to viewers throughout the Toronto extended market. The revenues obtained from the advertising contained in the movie programming would be used to subsidize the production of TVN's local Canadian programming. TVN has thus proposed a model that is quite different from that used by most Canadian English- language conventional television stations, which compete aggressively to acquire attractive high priced non- Canadian original television productions that are also aired on U.S. stations, and then augment the audience for such programming through simultaneous substitution, whenever possible. 29. While the Commission recognizes that TVN has put forward an innovative approach to providing a television service for the Niagara region, it is concerned about several aspects of TVN's business plan. The Commission considers that evidence at the hearing supports TVN's position that it is possible for movies to achieve a rating of 0.5 in the Toronto extended market. It is, however, seriously concerned with the budget that TVN has allocated for the acquisition of the classic movies that it proposed to broadcast. Given the experience of other stations in the market in the acquisition and scheduling of movies, the Commission is concerned that the applicant's projected cost of $770 per hour is far too low to achieve a 0.5 rating in the Toronto extended market and that a failure to achieve that rating would seriously compromise its business plan. 30. The Commission is also concerned about the ability of TVN to produce its extensive line -up of attractive local programs, given the budget that it has proposed. The cost per -hour of local programming proposed by TVN is not only substantially lower than that of the Toronto market stations but also, according to annual returns submitted to the Commission, substantially lower than that of other television stations located in urban markets of comparable size to St. Catharines and the Niagara region. While the Commission acknowledges that some savings may be realized through the use of high definition digital production equipment, the extent of such savings is difficult to assess at this point because this equipment is only now beginning to come into extensive use. 31. The Commission further notes that a new television station, particularly one that competes for audience and revenues in a major market, usually experiences much greater than anticipated losses in the early years of operation. As CHUM noted, Craig was forced to sell SUN TV after it experienced initial losses that were far greater than expected. TVN's operating line of credit combined with the cash call provisions of its shareholders agreement provide modest additional financing to address revenue shortfalls or cash overruns. However, the experience of other television stations, including that of CIVI -TV Victoria, a recently licensed station that orients its local programming to Vancouver Island but also competes for audience in the Vancouver extended market, indicates that it may become necessary for TVN to seek substantial additional financing in the early years of operation. The Commission considers that securing additional financing in those 5 of 7 11/25/2005 11:04 AM Broadcasting Decision CRTC 2005 -544 http://www.crtc.gc.ca/archiveLENLT/DectsionstzuuDiaoLvu circumstances would prove difficult and costly for TVN and would compromise its ability to implement its business plan. 32. In addition, the Commission notes that two new television stations, SUN TV and OMNI.2, were licensed to operate in the Toronto extended market in 2002, and that conventional television stations in the market, taken as a whole, have experienced declines in advertising sales and viewership since those stations began operations. As noted by Global, CHCH moved from a modest profit to a significant loss between 2000 and 2004. As well, as noted by Quebecor, SUN TV experienced a net loss in the order of $21 million in its first year of operations and is still losing money. Given these developments, the Commission is concerned that the introduction of a new competitor in the Toronto extended market could compromise the ability of existing conventional television stations to fulfil their programming commitments. 33. In light of all of the above, the Commission denies the application by TVN Niagara Inc. for a broadcasting licence to operate an English- language commercial television programming undertaking in St. Catharines, Ontario. Service to the Niagara region by CHCH -TV 34. During this proceeding, several participants expressed concern about the type and level of coverage provided by CHCH -TV of events occurring in the Niagara region. The Commission recognizes that, because of its wide coverage area, CHCH -TV has a responsibility to cover events not only in the Niagara region but also in Hamilton and other surrounding areas. The Commission considers, however, that the regular coverage of news and events in the Niagara region is an important part of CHCH -TV's mandate. The Commission notes that CHCH -TV's independent advisory board files annual reports with the Commission on the station's performance. In order that it may monitor CHCH -TV's performance with respect to coverage of the Niagara region, the Commission expects future reports from CHCH -TV's independent advisory board to include a listing of all news stories and other events covered by CHCH -TV that relate directly to the Niagara region, broken down on a monthly basis. Secretary General This decision is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: http: /www.crtc.gc.ca Footnotes: 1 Call for applications for a broadcasting licence to carry on a television programming undertaking to serve the Niagara region, Broadcasting Public Notice CRTC 2004 -84, 8 November 2004. 2 A rating is the average quarter hour audience for a program, expressed as a percent of the population in a particular demographic group that resides in a geographically defined area. The Toronto extended market is a geographic area defined by BBM Canada that includes Metropolitan Toronto, as well as Durham, Dufferin, Hamilton, Niagara and Haldimand. 3 The intervention was filed by Global Television Network Inc. However, Global Television Network Inc., Global Communications Limited, CanWest Media Inc. and some other CanWest subsidiaries amalgamated on 1 September 2005, to continue as CanWest MediaWorks Inc. 4 New television station for Toronto /Hamilton, Broadcasting Decision CRTC 2002 -81, 8 April 2002, and New multi-lingual ethnic station to serve Toronto, Broadcasting Decision CRTC 2002 -82, 8 April 2002. 6 of 7 11/25/2005 11:04 AM CRTC approves six foreign- language channels Last Updated Sat, 26 Nov 2005 11:30:01 EST CBC Arts Canada is getting six new satellite foreign language TV channels. The CRTC has approved digital channels in Russian, Mandarin Chinese, Urdu and Portuguese. Two of the channels, New Tang Dynasty Television out of New York and the Phoenix North America Chinese channel, will be in Chinese. Both are mainly in Mandarin but will also carry shows in other Chinese dialects. Phoenix North America, which will be a service of a Hong Kong -based company, provides news and entertainment from Hong Kong, China, Taiwan and other Asian Pacific countries, primarily for North American audiences. The applicants had argued that Mandarin speakers in Canada are underserved. Competitors such as Fairchild TV had lobbied against more Chinese language channels. More than 600 people wanted the CRTC to approve two additional channels in Portuguese. TV Globo Internacional will target the Brazilian community. RTPi is the international version of Radiotelevisao Portuguesa, Portugal's public broadcaster. They will compete against the existing service, Festival Portuguese Television. Channel One Russia Worldwide, out of Moscow, will have 24 -hour service carrying an international version of Russia's major TV network, Channel One. PTV -Prime USA, a family- oriented channel in Urdu, will carry diverse programming from Pakistan. Tracy Willis Executive Vice President www.TVN.ca TWilksna TVN.ca TVN Niagara Inc. Constitution Act, 1982 Enacted as Schedule B to the Canada Act 1982 (UK.) 1982, c. 11, which came into force on April 17, 1982 Rights and freedoms in Canada Fundamental freedoms Democratic rights of citizens Maximum duration of legislative bodies Continuation in special circumstances Annual sitting of legislative bodies Mobility of citizens PART I Canadian charter of rights and freedoms Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms J 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrabl and democratic society. Fundamental Freedom's 2. Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly; and d) freedom of association. Democratic Rights 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. 4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members. (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one -third of the members of the House of Commons or the legislative assembly, as the case may be. 5. There shall be a sitting of Parliament and of each legislature at least once every twelve months Mobility Rights 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood Limitation Affirmative action programs Life, liberty and security of person Search or seizure Detention or imprisonment Arrest or detention Proceedings in criminal and penal matters (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right a) to move to and take up residence in any province; and b) to pursue the gaining of a livelihood in any province. (3) The rights specified in subsection (2) are subject to a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services. (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada. Legal Rights 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 11. Any person charged with an offence has the right a) to be informed without unreasonable delay of the specific offence; b) to be tried within a reasonable time; c) not to be compelled to be a witness in proceedings against that person in respect of the offence; d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; e) not to be denied reasonable bail without just cause; f) except in the case of an offence under military law tried before a Treatment or punishment Self crimination Interpreter Equality before and under law and equal protection and benefit of law Affirmative action programs Official languages of Canada Official languages of New Brunswick military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. Equality Rights 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Official Languages of Canada 16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. (2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick. Advancement of status and use English and French linguistic communities in New Brunswick Role of the legislature and government of New Brunswick Proceedings of Parliament Proceedings of New Brunswick legislature Parliamentary statutes and records New Brunswick statutes and records Proceedings in courts established by Parliament Proceedings in New Brunswick courts Communications by public with federal institutions (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French. 16.1. (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities. (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. 17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. 18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. 19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick. 20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where a) there is a significant demand for communications with and services from that office in such language; or b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French. Communications by public with (2) Any member of the public in New Brunswick has the right to New Brunswick institutions Continuation of existing constitutional provisions Rights and privileges preserved Language of instruction Continuity of language instruction Application where numbers warrant Enforcement guaranteed rignts and freedoms communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French. 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French. Minority Language Educational Rights 23. (1) Citizens of Canada a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province. (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language. (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds. Enforcement 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and 2 Exclusion of evidence bringing administration of justice into disrepute Aboriginal rights and freedoms not affected by Charter Other rights and freedoms not affected by Charter Multicultural heritage Rights guaranteed equally to both sexes Rights respecting certain schools preserved Application to territories and territorial authorities Legislative powers not extended Application of Charter just in the circumstances. (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. General 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. 27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. 28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. 29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.(93) 30. A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be. 31. Nothing in this Charter extends the legislative powers of any body or authority. Application of Charter 32. (1)This Charter applies a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and Exception Exception where express declaration Operation of exception Five year limitation Re- enactment Five year limitation Citation b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force. 33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration. (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. (4) Parliament or the legislature of a province may re -enact a declaration made under subsection (1). (5) Subsection (3) applies in respect of a re- enactment made under subsection (4). Citation 34. This Part may be cited as the Canadian Charter of Rights and Freedoms. 05 -179 Mr. John Maloney, M.P. Welland 50 Division Street Welland, Ontario L3B 3Z6 Ms. Pam Gilroy, Regional Clerk Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 CITY OF WELLAND Office of the City Clerk 60 East Main Street Welland, ON L3B 3X4 Phone: 905- 735 -1700 Fax: 905- 732 -1919 E -mail: craig.stirtzinger @welland.ca December 22, 2005 Aroma AAir7nir.�li�So�. Dear Sir /Madam: At its meeting of December 20, 2005, Welland City Council passed the following resolution: "THAT the City of Welland continue to support TVN Niagara Inc.'s proposal to operate a television programming undertaking to serve the Niagara Region and to support, in principle, its challenge under the Canadian Charter of Rights and Freedoms of the Canadian Radio Television and Telecommunications Commission's (CRTC) decision to deny the TVN application; and further THAT a copy of this resolution be forwarded to John Maloney, M.P., Welland Riding, Regional Municipality of Niagara and area municipalities for support." Yours t ly, Wieokb,, CAS /ms CRA`{G A. STIRTZINGER City Clerk c.c. Mr. W. Wilks, 22 Bolger Drive, St. Catharines, Ontario L2N 7L4 Where Ships Climb The Mountain... Canadian Radio television and Telecommunications Commission Central Office Les Terrasses de la Chaudiere Central Building 1 Promenade du Portage Gatineau, Quebec J8X 4B1 Attention: Tony Lacombe, Director General Dear Mr. Lacombe: January 11, 2006 Re: Application of TVN Niagara Inc. Broadcasting Licence to Operate an English language Commercial Television Programming Undertaking in St. Catharines, Ontario Please be advised that Thorold City Council at its January 10, 2006 meeting adopted the following resolution: WHEREAS on November 18, 2005 the Canadian Radio Television and Telecommunications Commission (CRTC) denied the application of TVN Niagara Inc. (TVN) for a broadcasting licence to operate an English- language commercial television programming undertaking in St. Catharines, Ontario which would provide programming designed to serve the Niagara Region; AND WHEREAS TVN is requesting area municipalities to support TVN's proposal to operate a television programming undertaking to serve the Niagara Region and its challenge under the Canadian Charter of Rights and Freedoms. NOW THEREFORE BE IT RESOLVED THAT THE CORPORATION OF THE CITY OF THOROLD HEREBY ENACTS AS FOLLOWS: 1. THAT the City of Thorold continue to support TVN's proposal to operate a television programming undertaking to serve the Niagara Region and to support, in principle, its challenge under the Canadian Charter of Rights and Freedoms. 2. AND FURTHER THAT a copy of this resolution be forwarded to John Maloney, M.P. Welland Riding, Peter Kormos, M.P.P., Niagara Centre Riding, Kim Craitor, M.P.P., Niagara Falls Riding, Regional Municipality of Niagara and area municipalities. City of Thorold P.O. Box 1044, 8 Carleton Street South, Thorold, Ontario 128 4A7 www.thoro/dcom Tel: 905- 227 -6613 ihorold CRTC Letter Page 2 It is Council's hope that further consideration of the aforementioned application will result in approval of a broadcasting licence for TVN Niagara Inc. Yours truly, Susan M. Daniels, AMCT Deputy City Clerk SMD:hhm cc: John Maloney, M.P., Welland Riding Peter Kormos, M.P.P., Niagara Centre Riding Kim Craitor, M.P.p., Niagara Falls Riding Wendell Wilks, TVN Niagara Inc. The Regional Municipality of Niagara Area Municipalities em: R. Brock, Mayor M. Weir, Chief Administrative Officer J.K. Bice, City Clerk Teresa Fabbro Council meeting From: "Jon Braithwaite" <jon @niagarafallsmentors.org> To: <diorfida @niagarafalis.ca> Date: 1/12/2006 4:42:38 PM Subject: Council meeting Hi Dean, If at all possible, I would be grateful to speak to City Council regarding our past and upcoming years. Our move to the new MacBain Community Centre has allowed us to offer many more opportunities and programs to the young people of the City of Niagara Falls. In the fall of 2005, we were fortunate to offer two new programs to those children in need of a mentor, and through this served more children last year than ever before. In 2006, we look to increase the number of children we serve by 8 -10 a feat that can only be accomplished given the appropriate resources. Our 2006 Tim Hortons Bowl For Kids Sake has been launched, and we have set a goal of raising $42,000 this year, funds which will support new program development, recruitment, and support for our new and our existing matches. I would like to take this opportunity to encourage council to participate once again in 2006, and to help us ensure that we continue towards our goal of ensuring that every Niagara Falls Child in need of a mentor, has a mentor. Please let me know if there is more information you require, Thanks, Jon Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters MacBain Community Centre 7150 Montrose Road, Unit 7 Niagara Falls, ON L2H 3N3 (905) 357 -5454 ext. 222 'Share a Little Magic, be a Mentor" age1 The City of Niagara Falls I Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: planning ©niagarafalls.ca January 23, 2006 Re: PD- 2006 -04, Recommendation Report Deerfield Estates Draft Plan of Subdivision 26T -11- 2005 -03 (Revised) Zoning By -law Amendment Application AM- 27/2005 Owner: River Realty Development (1976) Inc. PD- 2006 -04 Doug Darbyson Director 1) the Deerfield Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and 4) the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. BACKGROUND: Proposal The applicant proposes to subdivide a 33.97 hectare (83.94 acre) site into 242 lots for single detached dwellings, 31 lots for semi detached dwellings (62 units), two blocks of land for on- street townhouses (50 units), a block of land for 36 townhouse units, and blocks of land for institutional use, parkland and a Provincially Significant Wetland (PSW) and woodlot. The property is located on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor (see Schedule 1). The street pattern includes an extension to Parkside Road Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 Public Consultation 2 PD- 2006 -04 located to the south and an east -west collector roadway connecting to Kalar Road at Rideau Street. Several streets are to be continued on abutting lands to the north and west in the future. An elementary school site is proposed at the north limit of the plan abutting Kalar Road with access from an internal roadway. The plan has been revised from the initial submission regarding parkland and housing mix and Schedule 2 illustrates the proposed subdivision layout. The site is currently zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested the zoning of the land be changed to the Residential Single Family 1E Density (R1E) zone for the single- detached lots, the Residential Mixed (R3) zone for the semi- detached lots and on- street townhouse blocks, the Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouses, the Institutional (I) zone for the school block, the Open Space (OS) zone for the parkland and the Environmental Protection Area (EPA) zone for the wetland and woodlot. The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on November 7, 2005. There were two residents that spoke at the meeting and a letter was submitted. Concerns were raised regarding forest preservation and protection of Provincially Significant Wetlands on this site and the adjacent land, stormwater management and establishment of the recreational trail in the area. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to detailed conditions of approval for the subdivision and with minor modifications to the requested zoning amendment. The review of the applications is addressed under the following headings. Official Plan The City's Official Plan designates the property Residential which permits a variety of housing forms. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities. Official Plan policies encourage the conservation of forested areas and their incorporation into development proposals and the protection of environmentally sensitive areas. The subdivision abuts vacant land to the north (owned by the applicant) as well as to the west and northwest. Tourist commercial development along Lundy's Lane is located further north. A large woodlot/PSW and Garner Road (Urban Area Boundary) are located to the west. A mature residential area of single- detached homes is established on the east side of Kalar Road with multiple residential units to the southeast. New residential development and vacant land approved for subdivisions are south of the hydro corridor. This area also includes schools and recreational facilities. The subdivision proposes various residential dwelling types, open space /natural areas and an institutional use. The development will be compatible with the existing and future surrounding uses. The proposal is consistent with the Provincial Policy Statement. January 23, 2006 3 PD- 2006 -04 Garner Neighbourhood Secondary Plan The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan which provides a framework to guide development in this new growth area west of Kalar Road. General locations of roadways and facilities are shown on the land use concept which is utilized in conjunction with detailed policies. A variety of housing types are encouraged to accommodate the needs of different age groups, family sizes and incomes. The Garner Plan requires the protection of environmental features and promotes the preservation of woodlands and provision of recreation areas and required community facilities. The subdivision application meets the general land use objectives and satisfies the intent of the Secondary Plan. A specific policy indicates a target housing mix of 70% single /semi detached units and 30% multiple residential units in the overall Garner Neighbourhood. The first phases of development in the neighbourhood south of the hydro corridor were approved for mostly single- detached housing, in part, to provide separation between future townhouse and apartment sites within the Garner area and the numerous multiple unit developments on the east side of Kalar Road. The current plan proposes a better mix of housing units (78% single /semi and 22% multiple) than earlier applications. The provision of more townhouse and apartment development is required on the balance of vacant land in this section of the neighbourhood to meet City, Regional and Provincial policy housing targets. Provincially Significant Wetland and Surrounding Woodlot The woodlot in the northwest section of the plan (Block 277) contains an interior area that is designated a Provincially Significant Wetland (PSW). Development is prohibited in such wetlands and Provincial policies only allow development on adjacent lands (within 120 metres) where it is demonstrated that there will be no negative impacts. The applicant submitted a required Environmental Impact Study (EIS) that was reviewed and accepted by the Region. The EIS indicates that the woodlot is healthy, the southeast and east areas contribute to the wetland function due to the drainage pattern and the woodlot provides a natural buffer for the PSW. Mitigation measures are to be implemented including chain -link fencing along the abutting single- detached lots and a woodlot management plan. The PSW and woodlot will be zoned as an Environmental Protection Area to preclude development. The applicant proposes to give this block to the municipality. The EIS acknowledges that some trees at the woodlot boundary would be within the rear yards of the abutting lots and private preservation should be encouraged. There are aesthetic benefits to mature trees on private properties. Because the lots directly east of Block 277 (Lots 86 through 93) are very deep, the rear lot limit is recommended to be adjusted to maximize the woodlot ownership by the City. Parkland and Recreational Trail The original subdivision design provided a large park block abutting the school site. This location was not desired by the City. Staff examined the park and recreational needs in this section of the Garner Neighbourhood and determined that a central location allowing for active parkland, recreational trail linkages and protection of the woodlot would be most beneficial and accessible to January 23, 2006 4 PD- 2006 -04 accessible to the overall area. This change results in two smaller parcels of parkland (Blocks 278 279) required in this plan for street frontage and linkages. The City may provide a trail route through the woodlot (subject to environmental requirements) and has agreed to giving a small parkland credit to the developer. The balance of the parkland amount under the Planning Act will be satisfied by the payment of cash -in -lieu of parkland dedication. The majority of the area's parkland for playground equipment (as well as the contiguous woodlot which is to be maintained in a natural state) will be obtained on the abutting land to the west. Preliminary discussions with a representative of the abutting property owner have taken place regarding the park plan in an effort to address municipal needs in the design of future subdivision layouts. A major component of the development in the Garner Neighbourhood is the establishment of an off road recreational trail. South of the hydro corridor, this trail is to be constructed within the open stormwater drainage channel extending from McLeod Road to the hydro line. The City intends to continue this trail west along hydro land, north beside the large woodlot/PSW located to the west of the current subdivision plan and then connecting to the area's central park and woodlot. Subdivision Design The developer has undertaken revisions to the plan based on issues identified by staff during the review process. The public school board requires another elementary school to serve this area. The location at the intersection of Kalar Road and the internal collector roadway at Rideau Street is supported for access this intersection will be signalized. The subdivision provides a compatible mix of dwelling types and a range of lot sizes for single- detached housing. Wider frontage lots are on the collector roads and abutting the woodlot. The townhouse site (Block 276) at Kalar Road/Street "I" addresses the requirement for more multiple unit residential development and has the potential to be affordable housing. This location in proximity to the school/open space and with easy access to the major road system is appropriate. Given the current and anticipated increasing traffic volumes on Kalar Road, these uses and the internally accessed semi detached lots to the south minimize additional new driveway entrances onto this major collector roadway. Reverse lot frontage is not encouraged on Kalar Road, however, the extent is minimal. A landscape plan is required to create a desirable streetscape. The City is working with Hydro One to extend Parkside Road through the hydro corridor to serve this area to the north. Kalar Road is to be widened as determined through the recent Environmental Assessment. The two cul -de -sacs in the plan satisfy the Official Plan policy that such roadways not normally exceed 150 metres (492 feet) in length. The cul -de -sac bulb dimensions will allow a proper turning radius for fire trucks. However, there may be future parking restrictions on certain streets to ensure adequate fire access. The stub -end streets will be continued in future subdivisions on abutting lands these developments will need to address housing mix and distribution policies. Sidewalks are required in accordance with standard municipal practice in the subdivision and will be constructed along Kalar Road through Development Charges. Stormwater will be directed to the existing detention facility to the south in satisfaction of the recommendations of the Warren Creek Watershed Master Plan. January 23, 2006 5 PD- 2006 -04 Zoning Amendment The requested RIE zone for the single detached lots is the same category as the majority of lots in the neighbourhood. The proposed single detached lots exceed the minimum lot area of 370 square metres (3,983 square feet) and minimum frontage of 12 metres (39.4 feet) of the zone. The requested R3 zone category is appropriate for the lots proposed for semi detached homes and the on- street townhouse blocks as this zone provides development standards for both forms of housing. The Provincially Significant Wetland and surrounding woodlot will be in an Environmental Protection Area (EPA) zone. The two small park blocks will be zoned Open Space (OS). The school (public service) is permitted in all zones but the Institutional (1) zone category is representative of the use and the block size satisfies zoning provisions. Staff recommend that the requested R4 zone standards applicable to the townhouse site (Block 276) be modified to provide for an improved development. The minimum zoning depth for a rear yard amenity area is 7.5 metres (24.6 feet) for all dwellings in the City. This requirement should be applied to the rear of each townhouse unit rather than only the "rear yard" of the overall parcel as defined in the by -law (this shortcoming of the R4 zone provisions is to be addressed through a comprehensive zoning update). Furthermore, in order to establish a consistent streetscape, minimum side yard setbacks of 7.5 metres (24.6 feet) and 6 metres (19.6 feet) are recommended from Kalar Road and Street "I respectively. The size of the proposed townhouse block provides various unit layout options. Site Plan Control will be required for both the block townhouses and the school to address such matters as parking, landscaping and access to ensure compatibility. The access for the townhouse parcel (either Street "I" or Street "G will be evaluated at the site plan stage and likely be dependent on the school driveway locations and traffic. Regional Comments The Regional Planning and Development Department notes that the development provides a variety of dwelling types with the potential for affordable housing. In addition to standard servicing conditions, Regional Public Works requests a condition of approval for temporary turning circles at the dead -end streets in the plan to accommodate waste collection vehicles. A Regional Senior Citizens Home (The Meadows of Dorchester) abuts the southeast corner of the subdivision. Fencing along the shared property boundary is requested as a condition of approval for the plan to provide privacy and also buffer the service areas/driveway at the west limit of the senior's development. Regional Planning also reviewed the subdivision with regard to Provincial policies. The recommendations of the EIS for the Provincially Significant Wetland are to be implemented through the subdivision agreement. A condition for the review and approval of stormwater management, lot grading, drainage and sedimentation and erosion control plans is also included. Agency Comments Canada Post advises that the residents will be served by Community Mailboxes and requests typical conditions. Hydro One has requested conditions for fencing and approval of the lot grading/drainage plan, advises of requirements during construction and provides a safety notification for the abutting high voltage transmission lines. In addition, the developer will be required to enter into separate agreements with several utility companies. January 23, 2006 6 PD- 2006 -04 CONCLUSION: The Deerfield Estates Draft Plan of Subdivision is an appropriate development of the site. The application is consistent with the Provincial Policy Statement, and complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and the school and also to protect the Provincially Significant Wetland and woodlot. The required conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Recommended by: p oug Darbyson Director of Planning Development A proved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. S:\PDR\2006\PD2006 -04, Deerfield Estates Draft Plan of Subdivision.wpd Respectfully submitted: John MacDonald Chief Administrative Officer January 23, 2006 -7 APPENDIX Conditions for Draft Plan Approval PD- 2006 -04 1. Approval applies to the Deerfield Estates Draft Plan of Subdivision prepared by Upper Canada Consultants, dated December 20, 2005, showing 242 lots for single- detached dwellings, 31 lots for semi detached dwellings, Blocks 274 275 for on- street townhouses, Block 276 for townhouses, Block 277 for a Provincially Significant Wetland and a woodlot, Blocks 278 279 for parkland and Block 280 for an elementary school. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) construction of 9.15 metre wide pavement on Parkside Road and Street "I" and 8.0 metre wide pavement on the remaining roadways; b) dedication of appropriate daylighting triangles at all intersections; c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; d) dedication of a 3.05 metre (10 foot) road widening (Block 281) to the City along the west side of Kalar Road abutting the plan; e) provision of water distribution, sanitary sewer and storm sewer systems; f) weeping tile flow to be directed to the storm sewer by use of sump pumps; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading and Drainage Policy. 5. The developer construct sidewalks to City standards on both sides of Parkside Road and Street "I the south and east side of Street "D the east side of Street "G the north side of Street "H" and the east side of Street "J 6. The developer dedicate 0.3 metre reserves (Blocks 284, 285, 286, 287 288) to the City at the terminus of all roadways which are to be continued in the future. 7. The developer dedicate 0.3 metre reserves (Blocks 282 283) to the City to preclude direct access to Kalar Road. 8. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 9. The developer grant the City and Public Utilities any easements required to service the subdivision. January 23, 2006 8 PD- 2006 -04 10. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing. 11. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 12. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 14. The developer dedicate Blocks 278 279 to the City as a portion of the parkland requirement for the plan. The developer shall pay the City cash -in -lieu for the balance of the parkland dedication amount. 15. The developer transfer Block 277 (Provincially Significant Wetland and woodlot) to the City. 16. The developer provide 6 foot high chain -link fencing along the south and east boundary of Block 277, the east boundary of Blocks 278 279, the north boundary of Lots 75, 76 and a portion of Lot 77, and the south boundary of Lots 98 to 102 (inclusive). There will be no gates permitted in the fencing from the residential lots. 17. The developer submit a landscape and fencing plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment of the Kalar Road frontage. 19. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 20. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By -law. 21. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 22. The detailed design drawings with calculations for the watermain, sanitary sewer and stormwater drainage systems for this plan be submitted by the developer to the Regional Public Works Department for review and approval. 23. The Ministry of the Environment Certificates of Approval be obtained for the necessary servicing for this development. January 23, 2006 9 PD- 2006 -04 24. The developer agree in the subdivision agreement with the City to construct temporary turning circles at the ends of the dead -end stub streets in accordance with designs approved by the Regional Public Works Department. 25. The developer agree in the subdivision agreement with the City to install a privacy fence along the rear lot lines of the properties abutting the Region's senior citizens home in accordance with designs approved by the Regional Public Works Department. 26. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region. Servicing allocation will be assigned instead at the time of final approval of the subdivision for registration purposes, and a similar clause be inserted in the subdivision agreement between the developer and the City. 27. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. 28. Prior to approval of the final plan or any on -site grading, the developer submit for the review and approval of the Regional Planning and Development Department, a detailed stormwater management plan for the subdivision completed in accordance with the Ministry of the Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991, as amended, endorsed by a suitably qualified professional engineer. Furthermore, that the owner agree in the subdivision agreement to implement the approved stormwater management plan. 29. The subdivision agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the recommendations of the Environmental Impact Study prepared by L. Campbell Associates, dated September 2005, with respect to the protection and management of the Provincially Significant Wetland and the woodlot on Block 277. 30. The developer carry out an archaeological assessment of the subject lands (except for Block 277) and mitigate any adverse impacts to any significant archaeological resources found through preservation or resource removal and documentation. Furthermore, that no grading or other soil disturbances take place on the subject lands prior to the Regional Planning and Development Department and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 31. The developer install temporary fencing prior to construction and permanent fencing after construction is completed, both at their own expense, along the boundary of the Hydro One transmission corridor. January 23, 2006 -10 PD- 2006 -04 32. The developer submit a copy of the lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage must be controlled and directed away from the hydro transmission corridor. 33. Immediately following notice of draft approval, the developer submit a letter to Hydro One acknowledging that the abutting transmission corridor is not to be used without express written permission of Hydro One, that during construction, there will be no storage of materials or mounding of earth or other debris on the transmission corridor, and the developer will be responsible for restoration of any damage to the transmission corridor or facilities thereon resulting from construction of the subdivision. Furthermore, the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer. Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 Proximity of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 10 Canada Post for Conditions 11 and 12 Regional Niagara Public Works Department for Conditions 22, 23, 24 and 25 Regional Niagara Planning and Development Department for Conditions 26, 27, 28, 29 and 30 Hydro One for Conditions 31, 32 and 33 January 23, 2006 -10 PD- 2006 -04 32. The developer submit a copy of the lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage must be controlled and directed away from the hydro transmission corridor. 33. Immediately following notice of draft approval, the developer submit a letter to Hydro One acknowledging that the abutting transmission corridor is not to be used without express written permission of Hydro One, that during construction, there will be no storage of materials or mounding of earth or other debris on the transmission corridor, and the developer will be responsible for restoration of any damage to the transmission corridor or facilities thereon resulting from construction of the subdivision. Furthermore, the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer. Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 Proximity of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 10 Canada Post for Conditions 11 and 12 Regional Niagara Public Works Department for Conditions 22, 23, 24 and 25 Regional Niagara Planning and Development Department for Conditions 26, 27, 28, 29 and 30 Hydro One for Conditions 31, 32 and 33 Revised Conditions: 13. The rear boundary of Lots 86 to 93 (inclusive) and Lots 98 to 101 (inclusive) be reduced to the City's satisfaction, with input from the public, in order to increase the woodlot area (Block 277) in City ownership. 18. The developer provide appropriate native boulevard trees, if possible, in accordance with City policy including along the street frontages of the park blocks. Proposed Plan of Subdivision Zoning By -law Amendment Application Deerfield Estates (Revised) 26T -11- 2005 -03 AM- 27/2005 Subject Land K:\GIS Requests12005\ Schedules\ Subdivisions\Deerfield_Estates inapping.apr SCHEDULE 1 Location Map 110 ADDMONAL LAND OF APPLICANT GARNER VILLAGE DRAFT PLAN SENIOR CITIZENS HOME GIRLS HOME FOR SOCCER KATE S. DURD N/LORETTO ELEMENTARY SCHOOLS 51111111111111 RIDEAU ST. 1lRIM 1111111!1111 =i ms's _LOIS '41I111 11110 444 '1111111111 1111 omi I mmumusrai 1 rag, S. non nip Scale 1:NTS December 2005 :HEDULE 2 DRAFT PLAN OF SUBDIVISION Z O 8 g S F' U w �pp li g6 1111, n 2 4. y U i b yy a Z O U Q ....T.:- E i o 4 r.. I ®.n ..m.o.. UPPER CANADA rr CONSULTANTS r c ww¢n/owa¢Rs sau. •1. 1011n.00 owating d0 -0450 SOIM 00.1:1 na fib 1 1 s o q n j rr1 NYld A3N ri as. walss Imam Jo ea] lislioi 511.1 cu. le/ I Sa -tat oli mom t -t 11::::H: w LSI wsM3aI a ..s mu DEERFIELD ESTATES CITY OF NIAGARA FALLS DRAFT PLAN MA OW I 11. i i di• r.ar L I I �__1 I mo Jr i i t- i ll_ t _I T �TI'f'T �j r r1 -J jl 1 .11-I 'f LJ_L I 1 1 -I r Y 111 �:I fir r R l I h Ls I �II41L�c 11H1 1 f I I 1 T I h 1 1 I I i I f I J Lti- L 1= 1 I I 'i I I I 1 1 :I 11 1 11'1; I 1 1 .,1 1 1 I I 1 1 1- L`'4•.. I( --'-I -J i p. w 1 a P I i -.S I L.- ,a l _L1J- 1_LjJ LJ_L I__I -1,- r N H NO SUNY1 '1YNowU IY 1 l� 1 i- {f Q' -r1 §1 r1 r 1 I- 1 1 Iy I 1 !I n. 1 t 1 i Ls�- 1_,t_rte p t_: 1 I I ;1 1 1 imam t LW W ag i I I I g�' 11_ g�. .a DEERFIELD ESTATES CITY OF NIAGARA FALLS 1 i s smem 241— if Aik worit nut .i....1 triti.,4-,_r-DL.;1, .1 v-z tra it 11, .0. Qtr go ifig 74 t 13 I 1RE Ik t1 r. r war 1 O' *fi r, 4 1 I 1 i; �41�gg I 7' J 1- Y -4 Is ..4 gi )---j li- I.": 141 'Ili ,i 14 --/:4 4 -1 raw.wrin pel,./..:, oli ilW iivi 0 i i 1 L T 7. el 61 1; i 1 aaNYt imam I t I •-�4. :1 t i 1 i It 1 1 i� 1 F' -i i i I .1 I 1 I I I r t 1 P.! 1 `�i I: I I i Y •I I I I i 4,,.�1 I ce I 11 ---A:- :HEDULE 2 January 6, 2006 File: D.11.M.11.24 Mr. Richard Wilson Planner II City of Niagara Falls 4310 Queen St., 2" Floor Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Niagara 4 W1 Region PLANNING AND DEVELOPMENT Re: Regional and Provincial Review Comments Draft Plan of Subdivision Deerfield Estates File No: 26T -11- 2005 -03 Kalar Road, south of Lundy's Lane City of Niagara Falls :`+a No. 4311 N. 1 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 908- 984 -3630 Fax: 905- 641 -5208 E -mail: planQregional.niagara.on.ca Planning File: RECEIVED JAN 092006 PLANNING DEVELOPMENT The Deerfield Estates Draft Plan of Subdivision as ravised (December 20, 2005) proposes the development of 33.97 hectares (83.94 acres) of land for 405 dwelling units plus blocks for a school and a Provincially Significant Wetland/woodlot. The residential component of the plan will consist of 242 single detached dwelling lots, 31 semi detached dwelling Tots (82 units), 2 blocks for 65 street townhouse units and a block for 36 block townhouse units. The subdivision is situated within the Gamer Neighbourhood and its design is intended to facilitate Its integration with surrounding development in the Neighbourhood through its street pattern, its school site and its anticipated servicing. REGIONAL REVIEW COMMENTS Regional Planning Department The subdivision is located within the Regional Urban Areas Boundaries for Niagara Falls and is designated "Residential" by the City's Official Plan. The City has also prepared a secondary plan for the Garner Neighbourhood to guide development in this area. The draft plan is consistent with the basic requirements of the Regional and the Niagara Falls Plans and with the Garner Neighbourhood Secondary Plan. Furthermore, the proposed school site, the woodlot block and the housing mix should provide positive contributions to the overall neighbourhood. On this basis, Regional Planning staff support the approval of this development subject to our recommended conditions outlined in the attached Appendix. The Region, as a policy, does not allocate servicing capacity to a subdivision until the final approval of the plan. Therefore, we are requesting two conditions of draft approval to address the issue of servicing allocation. Building Community. Building Lives. Regional Public Works Department The new internal water and sanitary sewer facilities to service this subdivision will be connected to the trunk mains intended to service the Garner Neighbourhood. The City should confirm that the capacity of the downstream trunk mains is adequate to accommodate the anticipated servicing demands of this development. In addition, it is anticipated that the stormwater flows from this subdivision will be piped to detention facilities located to the south. Any new piped water, sanitary sewer and storm facilities to service this plan will require Ministry of the Environment Certificates of Approval. The Regional Public Works Department, as the review agency under the Ministry's Transfer of Review Program, has requested the submission for review and approval of the detailed design drawings and supporting calculations for the piped services for the subdivision. The Region expects public streets in plans of subdivision to be designed so that waste collection vehicles can collect waste without the need to back up. The revised Deerfield Estates Plan proposes a number of dead -end stub streets with the result that several lots may not be able to receive waste collection services. The northerly extension of Parkside Road is especially problematic. We recognize that these dead -end stub streets will be extended when the abutting lands are developed. However, in the interim, adequate temporary paved turning circles should be provided at the ends of the stub streets. "No Parking" restrictions should also be implemented on these temporary turning circles. The southeast comer of the subdivision abuts the Region's senior citizens home, The Meadows of Dorchester, To minimize conflicts between the seniors' home and the abutting residential development and to provide privacy for both uses, the developer should be required to install a privacy fence along the property lines abutting the institutional use. This will also prevent encroachments onto the Regional property. A set of plans and details showing the location and form of the fence should be submitted to the Regional Public Works Department for review and approval. In conclusion, the Regional Public Works Department is not opposed to the draft approval of the Deerfield Estates Plan provided the conditions recommended in the Appendix attached to this letter are incorporated into the conditions of draft approval. A copy of the Regional Public Works comments is attached. PROVINCIAL REVIEW COMMENTS ?VAS ,ANN:NG No. 4311 P. 2 2 To address the Planning Act requirements, the recommendations and decisions of the Region and other agencies must be consistent with Provincial planning policies. Regional Planning staff have reviewed the proposed development in relation to Provincial interests and have the following comments. Ministry of Municipal Affairs and Housing The Provincial Policy Statement encourages the provision of all forms of housing to meet the needs of current and future residents, including housing that is affordable to low and moderate income households. The subdivision application form does not contain specific information on the anticipated prices of the dwelling units. However, the development will provide a variety of v No. 4311 3 housing types and densities, including semi detached dwellings and street and block townhouses. Therefore, the subdivision plan has the potential to provide affordable housing. Ministry of the Environment The majority of the Deerfield Estates Plan lies within the Warren Creek Watershed and stormwater drainage from the remaining subdivision area may also be diverted into the Warren Creek drainage area. No stormwater detention ponds are proposed for this subdivision. Instead, the plan presumably will utilize the downstream stormwater detention ponds that have been provided as part of the adjacent Gamer Estate Plans to the south. A detailed stormwater management plan must be prepared in accordance with Ministry of the Environment Guidelines for review and approval by the Regional Planning and Development Department. The detailed plan should demonstrate that the downstream stormwater detention facilities have adequate capacity to accommodate anticipated stormwater flows in terms of quantity and quality from this development and other tributary developments. In addition, the stormwater management plan should confirm that the proposed scheme is consistent with the Warren Creek Watershed Master Plan and provide grading and drainage plans and erosion and sediment control plans. This Department will be the clearance agency for the stormwater management condition(s), but we may request the Niagara Peninsula Conservation Authority for assistance in reviewing the stormwater plan. Ministry of Natural Resource A Provincially Significant Wetland (PSW) and an associated woodlot are located in the northwest comer of the subdivision plan. The plan proposes the creation of a block (Stock 277) to accommodate the wetland and woodlot. Although the application is silent on the future ownership of Block 277, we presume that this wetland /woodlot block will be dedicated to the City. Public ownership of this block certainly would be desirable. An Environmental Impact Study (EIS) prepared by L. Campbell and Associates and dated September 2005 has been submitted as part of the subdivision application. The EIS focused on an analysis of the wetland and woodlot. Block 277 appears to accommodate the wetland and most of the woodlot. The woodlot surrounds and should provide a buffer for the wetland. However, it appears that the lots on the south side of Street 1" (Lots 99 to 102) will encroach into the woodlot, necessitating the removal of trees. On the other hand, the lots along the west side of Parkside Road (Lots 86 to 93) are very deep. The depth of these latter Tots should be reduced to avoid encroachments into the woodlot and to provide an opportunity for tree planting to compensate for the loss of trees elsewhere. The EIS has made a number of recommendations to protect and manage the wetland and woodlot. The recommendations include the following: that a limit -of -work fence be installed around the woodlot during construction; that a chain link fence be installed along the rear lot lines of the abutting residential Tots; that the homeowners be notified of the significance of the nature features of the wetland and woodlot; and that a woodlot management plan be prepared to ensure that public access and any trail system does not compromise the health of the woodlot. These recommendations should be implemented through the subdivision agreement with the developer. '4A yu c. 4311 F. 4 4 Ministry of Culture The Ministry, in commenting on adjacent plans of subdivision, has indicated that this area exhibits a moderate potential for the discovery of archaeological resources. Given this potential rating and the size of the development, we recommend that an archaeological assessment of the property excluding Block 277 be conducted. CONCLUSION From a Regional and Provincial planning perspective, staff support the draft approval of the Deerfield Estates Plan, subject to the implementation of the recommended conditions of draft approval listed in the Appendix to this letter. Our recommended conditions address the interests of the Province as well as the Region. Please send notice of your Council's decision on this application. At the appropriate time, please submit a copy of the subdivision agreement for our review to ensure that our recommended clauses have been included. If there are any questions, please contact Thomas Whitelaw, Planner, or Peter Colosimo, Senior Planner. Yours truly, A David J. Farley Director of Planning Services Attachments: 1. Recommended Conditions of Draft Approval 2. Regional Public Works Comments c: Mr. J. Mestek, Property Manager, River Realty Development, 6265 Morrison St., PO Box 576, Niagara Falls, ON L2E 6V2 Ms. B. Ryter, Ministry of the Environment, Hamilton, ON Mr. J. Durst, Ministry of Natural Resources, Vineland Station, ON Mr. J. MacDonald, Ministry of Culture, London, ON Mr. P. Bond, Niagara Peninsula Conservation Authority, Welland, ON Mr. W. Stevens, Regional Public Works Mr. V. Goldsworthy, Regional Tree By -law Enforcement Officer Niagara WI s Region Recommended Regional and Provincial Conditions of Draft Approval Deerfield Estates File No: 26T -11- 2005 -03 City of Niagara Falls APPENDIX No.4311 F. 5 1. That the owner acknowledge promptly to the Regional Planning and Development Department that the draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara. Servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes. 2. That immediately following notice of draft plan approval, the owner shall provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale that may be negotiated prior to registration of the subdivision shall contain a clause clearly indicating that a servicing allocation for the subdivision will not be assigned until the plan is granted final approval for registration. 3. That the detailed design drawings with calculations for the watermain system, the sanitary sewer system and the stormwater drainage system required to service this proposal be submitted to the Regional Public Works Department for its review and approval. 4. That the Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage) for the development prior to final approval for registration. NOTE: If a new stormwater outlet or detention/retention system is proposed, the design for the stormwater management system should be submitted directly to the Ministry of the Environment, Toronto office, for approval and issuance of a Certificate of Approval. 5. That in the subdivision agreement with the City the owner agree to construct temporary tuming circles at the ends of the dead -end stub streets in accordance with designs approved by the Regional Public Works Department. 6. That in the subdivision agreement with the City the owner agree to install a privacy fence along the rear lot lines of the properties abutting the Region's senior citizens home, in accordance with designs approved by the Regional Public Works Department. 7. That prior to approval of the final plan, the owner submit to the Regional Planning and Development Department for review and approval a detailed stormwater management plan for the subdivision completed in accordance with the Ministry of the Environment documents entitled Stonnwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991, as amended, endorsed by a suitably qualified professional engineer. Furthermore, that the owner agree in the subdivision agreement to implement the approved stormwater management plan. 8. That in the subdivision agreement with the City the owner agree to implement the recommendations of the Environmental Impact Study prepared by L. Campbell and Building Community. Building Lives. 6 No. 4311 Associates dated September 2005 with respect to the protection and management of the Provincially Significant Wetland and woodiot on Block 277. 9. That the owner carry out an archaeological assessment of the subject lands (except for Block 277) and mitigate any adverse impacts to any significant archaeological resources found through preservation or resource removal and documentation. Furthermore, that no grading or other soil disturbances take place on the subject lands prior to the Regional Planning and Development Department and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Clearance of Conditions Prior to approval of the final plan, written notification from the following agencies is to be provided to the City upon their respective conditions having been met satisfactorily. Regional Niagara Planning and Development Department for Conditions 1, 2, 7, 8 and 9. Regional Niagara Public Works Department (through the Regional Planning and Development Department) for Conditions 3, 4, 5 and 6. twiComments- Deerfield Estates•NF DATE: TO: FROM: SUBJECT: November 8, 2005 Niagara ra Region MEMORANDUM Tom Whitelaw Planner Planning and Development Department William J. Stevens, C.E.T. Development Approvals Manager No. 43 11 F. i Draft Plan of Subdivision Owner /Applicants River Realty Development (1976) Inc. Proposal: Deerfield Estates 276 Single Family Residential Lots; 3 Blocks of Multiple Family Housing; 1 Block for Park; 1 Block Open Space; and 1 Block for Future School Building Location: West of Kalar Road, north of McLeod Road In the City of Niagara Falls City File: 26T-11-2005-03 Our File: D.11.04.66,642640417 0 D #4546) Regional Niagara Public Works Department has reviewed the above-referenced Draft Plan of Subdivision and provide the following comments to assist you in the preparation of your Regional response to this application. 1) Curbside Collection of Waste A key element of curbside collection of waste is an appropriate street layout that allows for waste collection vehicles to collect waste without backing up on' public streets. Therefore, this development must provide drive through streets and turnarounds (i.e. cul -de- sac with a paved 12.8 m radius) for waste collection vehicles. An initial review would suggest the following locations: Street 'H' Lots 67 and 68 e Street (west) Lots 96 to 97 would not be able to receive collection. This initial review assumes that adequate paved circles are provided and 'no parking" restrictions on Street 'I' at the "T" area will be implemented. 2) Noise and Privacy Barrier This development will be located next to the Region's senior housing building (The Meadows of Dorchester). In order to provide privacy and to prevent excessive amounts of noise levels from entering the Region's institutional property from the proposed neighbouring single and multiple family housing, a noise and privacy barrier will be required. Therefore, we request as a condition that the developer provide a set of plans and details for our review and approval, on the location and properties of the noise and privacy barrier. 3) Water, Sanitary and Storm Sewers Servicing will be under the jurisdiction of the City and will require the construction of all new services to provide for the proposed development. The City should determine that there is sufficient capacity in the area to provide for anticipated flows from the development. 4) Ministry of the Environment If it is the intention of the development to provide new public services, we will require, as a condition of draft plan approval, that appropriate Certificates of Approval from the Ministry of the Environment be obtained. As part of the Ministry's Transfer of Review Program, this Department will require a detailed set of servicing drawings for our review and approval. 5) Servicing Allocation Draft approval does not include a commitment of servicing allocation, but will be assigned at the time of final approval /registration and any pre servicing will be at the sole risk/responsibility of the developer. We trust that the foregoing Regional comments will be appropriately incorporated into any draft plan agreement entered into by the City with this applicant. William J. Sf vens, .T. Development Approvals Manager Public Works Department Operational Support Services Division WJS/cm L Ingineering Planning- and- DevelopmentWetrone- CarmenWiegare FellACORRESPONDENCE 2005\10579.T.Whitelaw.doc c: Catherine Habermebl, Manager Waste Collection Diversion Operations Mahendra Shah, M. Arch., O.A.A., P.M.P., Project Manager, Buildings Nc. 4311 Torn Whitelaw Planner Planning and Development Department November 8, 2005 Page 2 of 2 January 15, 2006 NIAGARA FALLS NATURE CLUB P.O. BOX 901, NIAGARA FALLS, ONTARIO, L2E 6V8. Mayor Ted Salci and Members of Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: 26T -11- 2005 -03 Revised "Deerfield Estates" Draft Plan of Subdivision The Niagara Falls Nature Club encourages the preservation of natural areas wherever possible. In the planned "Deerfield Estates we are pleased to see that the forest and the wetland will be preserved. We would like to see a naturalized buffer around the woodlot and the wetland. Backyards of some of the residential lots extend into the woodlot in the current plan. This does not provide a sufficient buffer for the forest. Preserving the forested and wetland areas is important to the environment, as we will need these areas if we are to have naturalized corridors in the future. The forested area should not be partially cleared to become parkland. Forested and natural areas improve our air and water quality, provide habitat for birds and other wildlife and enhance our quality of life. Joyce Sankey, President -GC agars Falls Nature Club Office of the Mayor Inter Department Memorandum TO: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached letters from the Ontario Association for Marriage and Family Therapy regarding a Proclamation distributed in the next council package. Kristine DATE: January 10, 2006 r ONTARIO ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY (A Division of the American Association for Marriage and Family Therapy) ....aiii Your Worship Mayor Ted Salci The City of Niagara Falls, City Hall P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Ted Salci, I am writing to request a proclamation for "Marriage Checkup Week" on February 13 -17, 2006. During that week our association is conducting a public awareness campaign to promote healthy marriages through annual checkups. Marriage checkups are designed to strengthen and protect marriages by helping couples of all ages and descriptions examine their relationships on a regular basis. We would like annual marriage checkups to become as routine as annual medical checkups. We know you will agree that healthy marriages and healthy families are the lifeblood of the community. During Valentine's week members of our non profit association will offer free one -hour marriage checkups to the public as a community service. The marriage checkup helps identify the unique strengths as well as the potential trouble spots in a relationship. Couples sit down with a trained Marriage and Family Therapist who can help prevent small problems from becoming more serious ones. It is our association's way of saying "Happy Valentine's Day" to Niagara Falls. Our publicity materials will feature a cross section of couples, young, old, same -sex, and members of diverse cultural and racial groups. Niagara Falls is the home of many rich traditions and varied communities. Our aim is to promote healthy marriages and prevent the painful breakdown of marriages across the board. We ask that you support our public awareness campaign again this year by issuing a proclamation that February 13 -17, 2006, is "Marriage Checkup Week Thank you for your kind consideration of our request. The proclamation may be sent directly to our web master, John Lemme at 1093 Wildwood Dr. Newmarket, ON L3Y 2B6 Yours sincerely, Pam Santon, MSW, RSW, RMFT President December 05, 2005 Post Office Box 50055 660 Eglinton Ave. E. Toronto Ontario M4G 4G1 1 -800- 267 -2638 www.oamft.on.ca e. DEC Q Q om° L .4 ftiE The City of Niagara Falls I Canad Corporate Services Department CD- 2006 -01 Members: 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 January 23, 2006 Re: CD- 2006 -01 Council Information Package RECOMMENDATION: That staff will compile Council information and send out a weekly e-mail containing the correspondences; and That if Council wishes to bring up an information item at a future Council meeting, they will notify the Clerk so that the item may be placed on the agenda. Dean lorfida City Clerk BACKGROUND: At the last Council meeting of 2005, the following motion was passed: That staff come back with a report with suggestions on a better way to circulate the Council Information package. What Goes in the Council Information Package and Why? The practice, as part of the Council agenda package, has been to provide various correspondences for Council's information. The types of correspondences are varied but typically they are as follows: Municipal- Related Correspondences, which include memos from staff that do not require a Council decision invitations to Council members follow up correspondences or responses O.M.B. decisions related to Council or C.O.A. decisions Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 CD- 2006 -01 thank you letters minutes from various advisory committees to Council Correspondences from Other Levels of Government, Agencies etc. these correspondences may come from the Region, Province or Federal government. Some may be soliciting support, others may be circulated for information purposes. correspondences from A.M.O., F.C.M., Conservation Authority etc. Resolutions from Other Municipalities Other items of interest The above noted correspondences are provided for information to keep Council better informed about issues that may affect the municipality. Although there is probably a lot of information that may not be of interest, it may be of interest to other Aldermen. Each Aldermen has their own interests, causes, areas of expertise etc., therefore, we err on the side of inclusion rather than exclusion for the Council information items. The Council information package is not just for the benefit of the Council members. It provides a consolidated place of information for staff to refer to, especially regarding such matters as A.M.O. Bulletins and O.M.B. decisions. Circulating these items to individual staff members is more time consuming. Also, often when circulating information to staff you may not send it to all the appropriate staff, who might find it interesting or applicable. Having the information in a central vehicle allows more staff to access it. Isn't Producing the Council Information Package Time Consuming? Surprisingly, the Council information package is not that time consuming. As Clerk, I place the items of information in a folder. When it is time to produce a Council agenda, I organize and order the information and then it is copied. Because not all of the information is received via e-mail (the majority of correspondences still come via snail mail or fax), there would be more steps to scan the correspondences and put them in electronic format for e- mailing to the Council members. Wouldn't Scanning the Information and E mailing it Save Paper? Most definitely, there would be a reduction in the use of paper. The cost savings would be nominal as the City pays approximately two and half cents per page of paper. As for e- mailing the documents, technologically there is no problem doing this; however, Council members should be aware that in a given Council information package there may be as many as thirty individual items over a two -week period. This could mean an e -mail overload for the councillors. Also, do Council members really want to read, via e-mail, a thirty or forty-page document? January 23, 2006 3 CD- 2006 -01 Proposal and Process Because of Council's motion, staff is proposing the following: we will compile the Council information on a weekly basis. The information will be scanned and e mailed to Council on a weekly basis. The e mail will list the topics covered in the information e To accommodate staff, a folder will be placed on Laser Fiche. Staff will have to take the initiative to access the folder. It is staff's suggestion, however, if a Council member wants to bring up a Council information item that they notify the Clerk of their intention so that the Clerk can put the correspondence on a future Council agenda, likely under the Communications section. This would also allow staff to prepare a report or memo, if necessary. In addition, it would be preferable that the Council member indicates what they are seeking in relation to the correspondence. An actual motion related to the correspondence would be especially helpful. Despite the above, there may still be the necessity to have some hard copy information in the Council package. CONCLUSION: Staff will attempt to reduce the Council information package. Correspondences will be compiled on a weekly basis, scanned and e- mailed to Council. It will be essential for Council members to notify the Clerk if they wish to raise an information item at a future Council meeting. Whenever staff sets up a new process, it will be reviewed to determine its efficacy. Recommended by: espectfully submitted: Dean Idrfida City Clerk Approved by: T. Ravenda Executive Director of Corporate Services John MacDonald Chief Administrative Officer The City of Niagara Fall Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2006 -05 Welcome Sign at QEW/Mountain Road RECOMMENDATION: BACKGROUND: Community Services Department R- 2006 -05 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 January 23, 2006 For Council's cons ion and approval for improvements to the Welcome Sign at QEW /Mountain Road to be referred to 200 Budget. To re -(e( 4o s+df -4a t e cei vt wart desit \d <aS As Council may recall, in R -99 -23 Welcome Sign at QEW/Mountain Road Report, a budget of $80,000 was approved to have a "Welcome to Niagara Falls" sign installed along the QEW southbound at Mountain Road to welcome visitors entering the City of Niagara Falls via the QEW from the St. Catharines and Toronto areas. A Sign Design Review Committee was formed consisting of City staff to obtain sign proposals and Signature Signs Limited of Niagara Falls was selected to design the "Welcome to Niagara Falls Sign." Staff held extensive meetings with M.T.O. representatives regarding the placement of the sign for optimum visibility and this site was the preferred location. The sign was installed in July 1999. Since then, some minor repairs to the sign have been done which include lighting, painting of lettering, irrigation and planting improvements. Discussion took place at a Community Services Meeting in August 2005, regarding the QEW improvements along the 420 near Mountain Road and regarding the impact this would have on the "Welcome to Niagara Falls Sign." Both Parks, Recreation Culture and Municipal Works Staff met with the M.T.O. in November 2005. Calvin Curtis, P.Eng of the M.T.O, confirmed that the "Welcome to Niagara Falls Sign" will not be impacted by planned QEW improvements the Ministry may carry out near Mountain Road. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 2 R- 2006 -05 In addition, at this meeting, the City of Niagara Falls brought forth the issue of cutting the long reed grasses within the QEW R.O.W. to the north of the sign because it obstructed the view of the sign. Mr. Curtis, advised by memo that the "Ministry does not object to the City cutting the long reed grasses within the QEW R.O.W. to the north of the sign and to the conventional grass cutting already carried out by the City at this location." A protocol has been implemented between the Ministry and City maintenance Superintendent, whereby the City of Niagara Falls will provide notice to the Ministry's service provider when they intend to cut vegetation at this location. Positive dialogue has been established between the Ministry of Transportation and City Staff for future site maintenance at this sign location. Staff is requesting funds within the 2006 Capital Budget to upgrade this 7- year -old sign. The following our three improvement design concepts: Proposal A "Bronze Level" Gateway Sign Improvements Estimated Cost: $15,000 a) Repair rubber fabric, clean, prime and repaint sign. b) Installation of the new City logo including steel lettering. c) Upgrade the lighting fixtures by replacing the light lenses and bulbs. d) Landscape planting bed to be extended. Proposal B "Silver Level" Gateway Sign Improvements Estimated Cost: $30,000 a) Repair rubber fabric, clean, prime and repaint sign. b) Installation of the new City logo including steel lettering. c) Lighting to be backlit behind the lettering and Logo for improved visibility. d) Landscape planting bed to be extended and colourful plant material installed within the retaining wall rock which extends through the grassed area resembling the Niagara River. Vibrant, variegated annuals will be installed to create an eye- catching floral display. Proposal C "Gold Level" Gateway Sign Improvements Estimated Cost: $85,000 a) Sign to be redesigned to include the waterfall, City skyline and Rainbow. The new City Logo and lettering blocks will be incorporated into the new sign. b) Lighting to be backlit behind the lettering and Logo for improved visibility. c) New up lights and LED lighting on the rock retaining walls, evergreen trees and maple trees will be added for a spectacular night display. d) A sweeping landscape planting bed will be extended through the grassed area resembling the Niagara River which will create a world class entrance way to the City of Niagara Falls. Hundreds of brilliant, multicoloured plant materials will be installed to flow around the lighted retaining rock wall which will illuminate the floral display. e) Additional ornamental grasses and shrub beds will be placed to frame this first class gateway welcome sign. NOTE: Please note that a Request For Proposal (RFP) for this new sign design will be required if this proposal is accepted by Council. January 23, 2006 3 R- 2006 -05 CONCLUSION: This report presents three separate proposals for Council's consideration and approval. Please be advised that $30,000 has been included in the 2006 Capital Construction Budget for the upgrading of this gateway welcome sign. Prepared by: Sue Forcier Community Development Coordinator Recommend Ade e Kon Director of Parks, Recreation Culture SF /das Attachment S: \Council \Council 2006 \R 2006 -05 Welcome Sign at QEW Mountain Road.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2006 -03 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 January 23, 2006 Re: R- 2006 -03 Heritage Master Plan That the Heritage master Plan prepared by Carl Bray Associates dated September 2005, be adopted in principle and that the report be referred to Staff and the various organizations /agencies /committees listed in the report for further review and reporting to City Council. This past October, Carl Bray, of Carl Bray Associates presented a summary of his findings and recommendations to City Council. An Executive Summary was provided for Council's prior review. Following his presentation, Dr. Bray recommended that Council adopt the report in principle. However, Alderman Wing commented that the Museum Board had issues with some of the recommendations contained within the report and therefore she proposed that the report be received. This motion was adopted by Council. Subsequently, at the request of Alderman Wing, copies of the full report were provided to Members of City Council. As the attached memo from Planning and Development indicates, the Municipal Heritage Committee is in support of having the Heritage Master Plan adopted in principle if (2) two conditions are met. The first is that the attached organizational chart contained within the report be changed to indicate a linkage to the Provincial Government with the Museum Board, Library Board and the Municipal Heritage Committee. Staff has spoken with the Consultant, Dr. Bray and he considers his report complete and does not support any further changes. In his opinion, this proposed change would have no impact on the recommendations contained within his report. Staff also spoke with both Joe Longo, Chief Librarian and Kathleen Powell, Manager of Museums and both are of the opinion that their direct reporting is to City Council and for purposes of the report, no further change is required. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 2 R- 2006 -03 The Municipal Heritage Committee's second proviso was that they be recognized for their role in organizing the Heritage Week Showcase. As Members of Council are aware, the City has established a Heritage Week Committee. This is the Committee that produced the Centennial Book, Images of a Century. This Committee has also, in past years, organized tours during Heritage Week. Although, the Municipal Heritage Week Committee's organization of the Heritage Week Showcase is laudable for the sake of efficiency, it would be recommended that the two organizations work together. This is in keeping with the recommendations contained within the Heritage Master Plan. Staff would further recommend that a member of the Municipal Heritage Committee also serve on the Municipal Heritage Week Committee. Correspondence was also received from the Board of Museums and Sherman Zavitz, City Historian, requesting that the Heritage Master Plan be adopted in principle. To this end, Staff is recommending that the report be adopted in principle and that it be referred to Staff and the various organizations /agencies /committees listed in the report for further review and reporting to City Council. Recommended by: Respectfully submitted: Adele Kon Director of Parks, Recreation Culture AK/das Attachments S: \Council \Council 2006 \R 2006 -03 Heritage Master Plan.wpd John MacDonald Chief Administrative Officer Corporate Services Department Planning and Development Inter- Department Memorandum TO: Adele Kon Director of Parks, Recreation Culture FROM: Peggy Boyle Assistant Planner Ext. 4334 The City of Niagara Faits Co 10\.d C E:I \*'E i tt 2005 DEC 1 9 2005 PARKS, RECREATION CULTURE RE: Municipal Heritage Committee's Comments regarding the Heritage Master Plan At the November 23, 2005, Municipal Heritage Committee meeting, the Committee supported the Heritage Master Plan with two provisos. The following motion was adopted. "That the Municipal Heritage Committee encourages the adoption of the Heritage Master Plan as a tool for various divisions, boards, agencies and volunteers subject to recognizing the Municipal Heritage Committee's role in organizing the Heritage Week Showcase; and that the organizational chart be revised to show the linkage between Provincial Legislation which governs the Municipal Heritage Committee, the Library Board and the Museums Board." We understand that you will be coordinating the comments and will be reporting to Council. At the time this matter returns to Council, please incorporate the Committee's comments. Attached is a copy of the revised organizational chart as preferred by the Committee. If you have any questions, please contact me. PB:gd c. Alex Herlovitch S:\ HISTORY\ MunHeritageCommittee \General\2005\MHC Comments to PRC re HMP.mem.wpd Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Arts Culture Committee Community Heritage Groups City Historian CITY COUNCIL Community Services Department Parks Recreation Culture Cultural Services Co- ordinator Museum Staff Corporate Services Department Planning Development 1 Director Deputy Director Heritage Planner Municipal Heritage Committee Library Board Provincial Legislation Museums Board niagara falls public library forty eight forty eight victoria avenue niagara falls Ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 November 16, 2005 Mayor Ted Salci and Members of City Council City of Niagara Falls Ladies and Gentlemen: Sincerely, 9 /<--)7 Joe Longo Chief Librarian Nicol FALLS CLERKS i'09 '11i `1. 1426 At it's regular meeting today, the Niagara Falls Public Library Board asked me to write to you to say that the library was pleased to participate on the Steering Committee for the Niagara Falls Heritage Master Plan (prepared by Carl Bray Associates Final Report Sept. 2005). The Library Board encourages City Council to have a full public discussion about the Plan as soon as possible in order to maintain the momentum generated by it. 3401 Strang Drive Niagara Falls, ON L2G 6K2 December 6, 2005 To: Mayor Ted Salci and Members of City Council The City of Niagara Falls, Canada Respecj'ully, Sltrman Zavitz Official Historian, The City of Niagara Falls, Canada RE: The Heritage Master Plan ECE11VE DEC 0 8 2005 PARKS, RECREATION CULTURE I would like to urge city council to adopt in principle the recently completed Niagara Falls Heritage Master Plan. As you will recall, this plan, which was prepared by Carl Bray and Associates for the City of Niagara Falls Parks Recreation and Culture, was presented to council a few weeks ago. It suggests a policy framework for the conservation of the city's many important heritage resources and recommends ways to develop these resources so that they can produce economic benefits for our city. cc. City of Niagara Falls Board of Museums 5810 Ferry Street Niagara Falls Ontario L2G 1S9 Tel: 905- 358 -5082 Fax: 905-358 -0920 His Worship Mayor Ted Salci and Members of Niagara Falls' City Council City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 November 15, 2005. Your Worship Mayor Salci and Members of Council, At the City Council Meeting. of October 17 2005, Carl Bray gave a brief presentation regarding the findings and recommendations of the Heritage Master Plan for the City of Niagara Falls. This plan is intended to guide heritage and conservation activities in the Municipality for the next 5 -10 years. A Heritage Master Plan is an important document for a community as it provides a framework and direction for staff and volunteers. One of the four pillars of healthy communities is culture and the Heritage Master Plan would provide a blueprint for the City of Niagara Falls to build upon already developed heritage and culture opportunities in order to strengthen the well- being of our City. To this end, the City of Niagara Falls Board of Museums would like to urge City Council to adopt the Heritage Master Plan in principle. This would ensure a clear direction for the future of heritage in the City. We look forward to working with City Council to ensure the health and vitality of our community. Sincerely, Go on West C city of Niagara Falls Board of Museums Adele Kola, Director, P arks, Recreation and Culture 44. nuts Kc REC 1001 NOV 29 ?nn `s i The City F d of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: Adele Kon Community Services Department R- 2006 -06 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 S:\Council\Council 2006\1- 2006-06 Arena Complex Development Project Sating.wpd January 23, 2006 Re: R- 2006 -06 Arena Twin Pad Complex Proposed Additional Seating That Council approve that the Recreation Committee be granted a maximum of two (2) months to undertake a fundraising campaign to provide funding for additional seating in the New Twin Pad Arena Complex. Cfld -Wed s -4&4f asslSI-. At their meeting of Tuesday, January 10, 2006, the Recreation Committee, following a lengthy discussion, concluded that the 2001 seats approved by City Council was inadequate to meet the City's needs. In their opinion, a new complex should minimally contain the same number of seats that are currently available in Niagara Falls Memorial Arena. A number of the members also commented that they had received numerous complaints about the reduced level of seating in the new facility. According to some of the Committee Members, there are a few donors who have indicated a willingness to provide the necessary funding to increase the number of seats. The cost of 1,000 seats ranges from $1 million to $1.5 million depending on the quality of seats. In order to meet the design schedule, Staff is recommending that the Conunittee be given a two (2) month period ending on March 20, 2006, to undertake their fundraising campaign. Respectfully submitted: ohn MacDonald Director of Parks, Recreation Culture Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS Official Plan and Zoning By -Law Amendment Application AM- 06/2005 (3965 Oliver Street) dealing with the expansion of a dwelling located within an environmental protection area designation and within a hazard land zone, was approved in principle by Council on October 3, 2005; and WHEREAS the applicant has revised the siting for the proposed dwelling from environmental lands to residentially designated lands: and WHEREAS as a result of the revised siting, an Official Plan amendment is no longer required. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34(17) of the PlanningAct, R.S.O., that the changes to the proposed zoning by -law for Application AM- 06/2005 (3965 Oliver Street) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F 2006 04 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 2016 E mail: kburden @city.niagarafalls.on.ca January 23, 2006 Kenneth E. Burden Director Re: F- 2006 -04 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling 20,721,249.82 for the period November 23, 2005 to January 10, 2006. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitt &d: K. E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1013575 ONTARIO INC TRUST 1032447 ONTARIO LTD 1049491 ONTARIO INC 105.1 THE RIVER 1083278 ONTARIO LIMITED 119962 ONTARI 0 LTD 1238956 ONTARIO INC T/A EDWAR 1460973 ONTARIO LIMITED 0/A 2 GUY'S GLASS INC 2 GUY'S GLASS INC 2 GUY'S GLASS INC 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 414878 ONTARIO LTD 464586 ONTARIO LTD 0/A LITE B 504802 ONTARIO INC 0/A JCJ CO 547554 ONTARIO LIMITED 581889 NIAGARA LTD 876891 ONTARIO LIMITED 912701 ONTARIO LIMITED REGION 942352 ONTARIO LIMITED 0/A BR 942352 ONTARIO LIMITED 0/A BR A E TRAFFIC TECHNOLOGIES A L G SAFETY A L G SAFETY A L G SAFETY A L G SAFETY AATEL COMMUNICATIONS INC ABDICK INTERN ABSOLUTE COMMUNICATIONS DES ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ACKLANDS GRAINGER INC ACRES INTERNATIONAL LTD ACRES INTERNATIONL LTD ACRES INTERNATIONL LTD ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LT AFFILIATED CUSTOMS BROKERS LT AFFIMEX INC AGNOLETTO, LOUIE AIDOO, DR ROSMOND AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE, LORI ALBANESE, LORI ALDOR BUILDERS LTD ALDOR BUILDERS LTD ALERT CARPET CLEANING NIAGARA Cheque No. Cheque Date 297623 29- Nov -2005 297624 29- Nov -2005 297625 29- Nov -2005 298254 20- Dec -2005 297626 29- Nov -2005 297627 29- Nov -2005 298682 10- Jan -2006 297628 29- Nov -2005 297629 29- Nov -2005 298030 13- Dec -2005 298589 3- Jan -2006 297825 6- Dec -2005 298255 20- Dec -2005 298683 10- Jan -2006 297630 29- Nov -2005 298590 3- Jan -2006 298256 20- Dec -2005 297631 29- Nov -2005 297632 29- Nov -2005 297633 29- Nov -2005 297826 6- Dec -2005 298257 20- Dec -2005 298684 10- Jan -2006 298260 20- Dec -2005 297640 29- Nov -2005 298036 13- Dec -2005 298466 28- Dec -2005 298693 10- Jan -2006 298031 13- Dec -2005 297827 6- Dec -2005 297828 6- Dec -2005 298258 20- Dec -2005 298685 10- Jan -2006 297634 29- Nov -2005 298686 10- Jan -2006 297635 29- Nov -2005 298591 3- Jan -2006 298687 10- Jan -2006 297829 6- Dec -2005 297830 6- Dec -2005 298032 13- Dec -2005 298259 20- Dec -2005 298463 28- Dec -2005 298592 3- Jan -2006 298688 10- Jan -2006 298261 20- Dec -2005 298689 10- Jan -2006 297636 29- Nov -2005 298033 13- Dec -2005 298262 20- Dec -2005 297637 29- Nov -2005 297832 6- Dec -2005 298034 13- Dec -2005 298263 20- Dec -2005 298464 28- Dec -2005 298593 3- Jan -2006 298690 10- Jan -2006 298264 20- Dec -2005 297833 6- Dec -2005 298691 10- Jan -2006 297638 29- Nov -2005 298265 20- Dec -2005 297834 6- Dec -2005 Purpose REFUND REFUND REFUND ADMINISTRATIVE REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REFUND MATERIALS CONTRACT SERVICES REFUND REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND MATERIALS REMITTANCE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS Page 1 of 19 Amount 2,960.36 4,142.23 19,136.29 212.93 2,802.82 10,448.73 36,981.48 43,933.77 29.89 213.95 454.18 215.96 113.31 34.87 7,232.18 36.23 24,949.11 2,658.87 5,627.68 80,608.80 2,461.00 96.30 1,695.95 2,530.00 274.85 846.40 287.50 1,720.40 90.85 197.95 431.25 267.50 347.75 50.66 1,472.41 6,040.69 9,844.00 1,082.84 26.70 898.80 32.10 64.20 128.40 64.20 192.60 61.91 768.04 1,423.69 15.00 13,000.00 4,612.70 2,224.15 3,061.54 593.81 343.47 1,315.97 85.87 344.38 92.42 89.88 185,599.76 170,801.53 488.72 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ALERT CARPET CLEANING NIAGARA ALEXIS CORPORATION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL GREEN IRRIGATION ALLIANCE CORPORATION ALLIED MEDICAL INSTRUMENTS ALLIED MEDICAL INSTRUMENTS ALPINE PEST CONTROL ALPINE PEST CONTROL ALPINE PEST CONTROL ANDREW, LORRAINE ANGER, RONALD ANNEX PUBLISHING BOOK DIVISIO ANTONIO, ELIZABETH ANTONIO, LISA AQUICON CONSTRUCTION CO LTD ARAFAT, ELAYAN FAYEZ AND JINGY ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND L AREO -FIRE ARGO -ICC REPROGRAPHICS ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) ASSOCIATED ENGINEERING (ONT) ASSOCIATION OF MUNICIPALITIES ASSOCIATION OF ONTARIO ROAD S AURORA, ROSE AUTODESK INC AVENUE ROOTS AVENUE ROOTS B B LIFT TRUCK SERVICE B B LIFTRUCK SERVICE B B LIFTRUCK SERVICE B M AWNINGS BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BANK OF NOVA SCOTIA BARCLAY TODD'S BARCLAY TODD'S BARCLAY TODD'S BARCLAY TODD'S BARCLAY TODD'S BARON ROOFING SIDING LTD BARTHE, ROGER BATEMAN, DOLORES BATTLEFIELD EQUIPMENT RENTALS BAZ PAVING CO LTD BEAMAN, KEN BEAULIEU, JULIETTE BEL VOLT SALES LTD BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA Cheque No. Cheque Date 298266 298692 297639 298035 298268 298465 298594 297835 297836 297837 298467 298037 298269 298469 298038 298039 297839 297840 298270 298040 297641 297642 298041 298470 298694 298271 298043 297643 298272 297644 298696 298695 298044 298698 297841 298045 298273 298050 297645 298471 298599 297646 298046 298274 298595 297647 297648 298047 298275 298472 298699 297843 298048 298049 297844 297845 298700 298051 298277 298598 297650 297846 297847 20- Dec -2005 10- Jan -2006 29- Nov -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 6- Dec -2005 6- Dec -2005 6- Dec -2005 28- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 13- Dec -2005 13- Dec -2005 6- Dec -2005 6- Dec -2005 20- Dec -2005 13- Dec -2005 29- Nov -2005 29- Nov -2005 13- Dec -2005 28- Dec -2005 10- Jan -2006 20- Dec -2005 13- Dec -2005 29- Nov -2005 20- Dec -2005 29- Nov -2005 10- Jan -2006 10- Jan -2006 13- Dec -2005 10- Jan -2006 6- Dec -2005 13- Dec -2005 20- Dec -2005 13- Dec -2005 29- Nov -2005 28- Dec -2005 3- Jan -2006 29- Nov -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 29- Nov -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 6- Dec -2005 13- Dec -2005 13- Dec -2005 6- Dec -2005 6- Dec -2005 10- Jan -2006 13- Dec -2005 20- Dec -2005 3- Jan -2006 29- Nov -2005 6- Dec -2005 6- Dec -2005 Purpose MATERIALS CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES REFUND SUPPLIES SUPPLIES SUPPLIES SUPPLIES MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS CONSULTING SERVICES CONSULTING SERVICES REMITTANCE ADMINISTRATIVE REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND REFUND REFUND SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES CONTRACT SERVICES REFUND MATERIALS LEASES AND RENTS CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES UTILITIES UTILITIES Page 2 of 19 Amount 1,246.55 160.50 18,683.53 3,630.56 202,354.59 18,402.60 6,301.31 56.71 3,450.00 758.72 210.22 1,305.40 71.69 48.15 125.00 15.00 1,287.64 890.00 125.00 344,473.04 2,433.85 128.53 24.32 141.24 159.45 874.16 1,366.02 3,201.77 992.69 11,412.07 6,510.10 9,293.53 107.00 750.00 5,044.26 5,718.14 284.09 460.00 427.05 460.00 5,607.78 230.77 458.24 111.57 114.89 444.39 630.90 186.91 429.33 86.61 495.24 1,862.34 750.00 105.00 6,410.31 3,852.00 88.01 15.00 290.72 62.56 11,461.20 115.00 65.21 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BELL MOBILITY BELL MOBILITY PAGING BELL MOBILITY PAGING BELL, TIM BELLAMY, DAN BELLEFONTAINE, MARGARET BENNETT, CATHARINE BIAMONTE, JOE BIANCO, DOMENIC BICKLE MAIN INDUSTRIAL SUPPLY BILL DAVIS BINATIONAL TOURISM ALLIANCE BIRD, LUCETTE BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BISHOP, MIKI BLP BRONZE INTERN LTD BMA MANAGEMENT CONSULTING INC BOBOROS, PETER BOBOROS, TERRY BODKIN LEASING BODKIN LEASING BOOKSHELF BINDERY LTD BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BORGHESI, SANDRO AND BORGHESI, BORYS, LAURA BOUCHARD, JAMES BOYS GIRLS CLUB OF NIAGARA BRENNAN, JIM BRESVER GROSSMAN ET AL IN TRU BRETHERICK, JAMES BREWERS RETAIL INC BRIANT, ROBERT BRINDA, ED BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BRITISH AUTO SUPPLY BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK, ANDY BROUGH, JOHN BRUMWELL, SHIRLEY ANNE BRUMWELL, SHIRLEY ANNE BUNT, CATHERINE BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BURKE, ALICE BURKE, PATRICK BURSE, PAMELA BUSINESS EDUCATION COUNCIL OF Cheque No. Cheque Date 297848 298052 298276 298473 298701 297651 298597 298474 298702 298703 297649 298053 298054 298278 298055 298475 298279 297653 298056 297849 298704 298476 297850 298280 297851 298057 298058 298705 298706 298060 298707 297852 298600 298061 298062 298281 297654 298063 297655 298064 298601 297656 298282 298708 297853 298283 298065 298602 298066 298462 298067 298710 298285 297657 297854 298068 298477 298603 298711 298069 298286 298070 297855 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 29- Nov -2005 3- Jan -2006 28- Dec -2005 10- Jan -2006 10- Jan -2006 29- Nov -2005 13- Dec -2005 13- Dec -2005 20- Dec -2005 13- Dec -2005 28- Dec -2005 20- Dec -2005 29- Nov -2005 13- Dec -2005 6- Dec -2005 10- Jan -2006 28- Dec -2005 6- Dec -2005 20- Dec -2005 6- Dec -2005 13- Dec -2005 13- Dec -2005 10- Jan -2006 10- Jan -2006 13- Dec -2005 10- Jan -2006 6- Dec -2005 3- Jan -2006 13- Dec -2005 13- Dec -2005 20- Dec -2005 29- Nov -2005 13- Dec -2005 29- Nov -2005 13- Dec -2005 3- Jan -2006 29- Nov -2005 20- Dec -2005 10- Jan -2006 6- Dec -2005 20- Dec -2005 13- Dec -2005 3- Jan -2006 13- Dec -2005 23- Dec -2005 13- Dec -2005 10- Jan -2006 20- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 13- Dec -2005 20- Dec -2005 13- Dec -2005 6- Dec -2005 Purpose UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES REFUND REFUND MATERIALS MATERIALS REFUND REFUND MATERIALS CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONSULTING SERVICES REFUND MATERIALS LEASES AND RENTS LEASES AND RENTS MATERIALS CONSULTING SERVICES CONSULTING SERVICES REFUND ADMINISTRATIVE MATERIALS GRANT REFUND REFUND MATERIALS REFUND MATERIALS REFUND CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND ADMINISTRATIVE REFUND REFUND MATERIALS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS Page 3 of 19 Amount 7,210.80 94.48 75.25 130.42 19.28 33.15 772.18 42.15 41.30 96.04 125.00 15.00 15.00 120.74 125.00 67.85 321.00 200.00 15.00 89.13 492.66 57.50 177.60 3,210.00 125.00 15.00 445.33 445.33 254.18 3,957.19 11,959.32 4,002.23 55.28 15.00 17,500.00 114.98 7,262.35 15.00 949.81 15.00 125.00 840.91 174.80 822.29 153.78 185.05 159.85 319.70 124.19 415.00 151.70 151.70 250.00 248.02 183.85 305.41 1,131.96 58.83 422.86 15.00 238.95 15.00 175.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BUSINESS EDUCATION COUNCIL OF BUSINESS EDUCATION COUNCIL OF BUTLER, DAVID C N WATSON AND ASSOCIATES LTD C N WATSON AND ASSOCIATES LTD C. I. E. CALIGIURI, MICHELINA CAMPBELL, WAYNE CANADA LAW BOOK CANADA LAW BOOK CANADA LAW BOOK CANADIAN ASSOC OF CERTIFIED P CANADIAN ASSOCIATION OF FIRE CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN IMPERIAL BANK OF COMM CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY S CANADIAN PACIFIC RAILWAY CO CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN TAX PLANNERS CANNON, MARIE CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CARGILL SALT CARGILL SALT CARL BRAY ASSOC LTD CARRICK, MARZENNA CARRICK, MARZENNA CARSWELL CARSWELL CARSWELL CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CARTER CAR TRUCK RENTALS CARTER, HUGH CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CHAMBERS WATER HAULAGE INC CHARETTE, RHEAL CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE, G CHIECA, DANNY CHIECA, LUCIANO CHIPPAWA AUTOBODY LTD CHIPPAWA VOLUNTEER FIREFI GHTE CIBC TELEPHONE PAYMENTS CIT FINANCIAL LTD Cheque No. 298604 298712 298071 297671 298612 297865 298713 298072 297659 298073 298288 298714 297658 297856 298287 298478 298605 297666 298289 297660 297857 297661 297858 297859 298606 298074 298075 298290 298607 298480 298715 297860 297861 298291 297662 297862 298077 298481 298716 297663 298292 298609 298294 298078 298482 298295 298717 298483 298080 297664 297863 298081 298296 298484 298611 298718 298719 298485 298082 297864 297665 297667 298297 Cheque Date 3 Jan 2006 10- Jan -2006 13- Dec -2005 29- Nov -2005 3- Jan -2006 6- Dec -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 29- Nov -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 29- Nov -2005 6- Dec -2005 6- Dec -2005 3- Jan -2006 13- Dec -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 28- Dec -2005 10- Jan -2006 6- Dec -2005 6 -Dec -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 28- Dec -2005 10- Jan -2006 29- Nov -2005 20- Dec -2005 3- Jan -2006 20- Dec -2005 13- Dec -2005 28- Dec -2005 20- Dec -2005 10- Jan -2006 28- Dec -2005 13- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 10- Jan -2006 28- Dec -2005 13- Dec -2005 6- Dec -2005 29- Nov -2005 29- Nov -2005 20- Dec -2005 Purpose REMITTANCE MATERIALS MATERIALS CONSULTING SERVICES CONTRACT SERVICES EQUIPMENT REFUND MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REFUND CONTRACT SERVICES REFUND CONTRACT SERVICES REFUND LEASES AND RENTS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONSULTING SERVICES ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS LEASES AND RENTS REFUND MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND ADMINISTRATIVE MAINTENANCE AND REPAIRS REMITTANCE REFUND LEASES AND RENTS Page 4 of 19 Amount 25,000.00 175.00 15.00 6,751.77 470.27 37,438.25 920.20 250.00 2,773.17 340.41 98.02 140.00 545.70 209.19 828.72 1,696.82 144.45 10,157.81 3,082.72 2,168.00 910.33 89.41 513.60 4,813.92 80.25 15.00 1,992.39 561.96 859.00 58,203.75 35,466.07 314.27 151.07 250.00 356.28 282.18 343.55 33.26 896.26 723.35 761.35 125.00 1,250.59 8,342.89 200.32 4,606.04 2,303.02 80.00 15.00 228.39 192.97 370.47 2,040.77 705.11 420.57 94.51 646.42 103.49 151.06 2,451.00 1,200.00 254.14 1,497.62 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CIVIL STUDIOS INC CLASS A FIRE RESCUE CLAYDON, JEFF CLEAR THOUGHTS WINDOW CLEANIN CLEAR THOUGHTS WINDOW CLEANIN CLIFF CROWELL HOLDINGS INC CLIFFS LAWN GARDEN EQUIPMEN CLIFTON HILL BIA CLUB ITALIA COCCIMIGLIO, VALENTINO COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLOR YOUR WORLD COMMERCIAL DIGITAL PRINT INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM COMMUNITY HERITAGE ONT COMPRESSOR SYSTEMS INTERN INC CORPORATION OF THE CITY OF WE CORSARO CLASSIC ENGRAVING INC CORSINI, GUY COSTELLO, BRIAN COSTELLO, BRIAN COTTON INC CRANFIELD, JIM CRANFIELD, MIKE CRAWFORD ADJUSTERS CANADA INC CRAWFORD ADJUSTERS CANADA INC CRAWFORD ADJUSTERS CANADA INC CRAWFORD ADJUSTERS CANADA INC CRAWFORD ADJUSTERS CANADA INC CROWLAND VOLUNTEER FIREFIGHTE CROWLAND VOLUNTEER FIREFIGHTE CULLIGAN CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYGNAL TECHNOLOGIES D R LAWN SERVICE D J PENWARDEN APPRAISALS DADASOVIC, BRANKO DALKE, DORIS DALTON, HARVEY DAMARIO, TONY DARBYSON, DOUG DAVID SCHRAM ASSOCIATES Cheque No. Cheque Date 298083 298084 298298 298299 298300 298486 298721 298722 297866 297668 298723 297669 297670 297867 297868 298301 297869 298085 298302 298487 298613 298724 297871 297672 298086 298303 298488 298725 298726 298304 298489 297872 297873 298087 298305 298727 297673 298729 298728 297875 298306 298490 298614 298730 297674 297675 298088 297676 297877 298089 298307 298491 298615 298731 298308 298735 298099 297677 298090 298091 297678 298616 298309 13- Dec -2005 13- Dec -2005 20- Dec -2005 20- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 10- Jan -2006 6- Dec -2005 29- Nov -2005 10- Jan -2006 29- Nov -2005 29- Nov -2005 6- Dec -2005 6- Dec -2005 20- Dec -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 6- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 10- Jan -2006 20- Dec -2005 28- Dec -2005 6- Dec -2005 6- Dec -2005 13- Dec -2005 20- Dec-2005 10- Jan -2006 29- Nov -2005 10- Jan -2006 10- Jan -2006 6- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 29- Nov -2005 13- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 20- Dec -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 13- Dec -2005 13- Dec -2005 29- Nov -2005 3- Jan -2006 20- Dec -2005 Purpose LEASES AND RENTS MATERIALS ADMINISTRATIVE REMITTANCE MATERIALS REMITTANCE MATERIALS MATERIALS ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REFUND MATERIALS REMITTANCE MATERIALS REFUND UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE REMITTANCE MATERIALS MAINTENANCE AND REPAIRS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE UTILITIES MATERIALS CONSULTING SERVICES REFUND MATERIALS REFUND REFUND ADMINISTRATIVE CONTRACT SERVICES Page 5 of 19 Amount 1,017.75 167,835.42 1,872.50 92.00 630.14 32,776.06 963.00 4,191.75 155.71 819.33 1,098.91 750.00 862.50 3,694.61 5,674.71 125.00 227.50 566.59 197.79 174.43 603.86 2,628.21 88.23 20,639.60 17,254.92 1,749.66 19,312.96 1,799.65 695.50 75.00 214.00 430.40 10,504.00 465.89 168.38 354.69 200.63 114.99 114.99 3,684.80 2,036.00 999.60 2,153.60 6,406.80 900.00 916.04 270.53 3,253.21 3,197.50 3,179.72 3,171.81 2,927.83 2,853.57 3,044.36 5,566.49 5,658.70 6,398.60 125.00 15.00 114.99 125.00 176.44 12,990.87 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DAVID SCHRAM ASSOCIATES DAVIS COMPANY LLP DAVIS COMPANY LLP DAWDY, LLOYD DEGIULI, NAT DELCAN CORPORATION DELDUCA, MARY C DELL COMPUTER CORPORATION DELL MCPHADEN, MARILYN DELVECCHIO, MARK DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEURLOO, JOAN DICKSON, B DIDOMENICO, FRANCO DIEBOLD ELECTION SYSTEMS INC DIEBOLD ELECTION SYSTEMS INC DIRECT EQUIPMENT LTD DIRECT IT CANADA INC DIRECT IT CANADA INC DISTRICT SCHOOL BOARD OF NIAG DMA PLANNING MAN SERVICES DOBBIES FLORIST LTD DOBBIN, DEBI DODD, JEAN DOUBLETREE RESORT LODGE SPA DOUGLAS, DOREEN DOUGLAS, JAMIE DOWNING, LARRY DOWNTOWN BOARD OF MANAGEMENT DREN, KARL DREN, KARL DRIVERS TRAINERS INSTITUTE IN DROLET, MARC DUFFERIN CONCRETE DUFFERIN CONCRETE DUFFERIN CONCRETE DUFFERIN CONCRETE DUJLOVIC, ED E3 LABORATORIES E3 LABORATORIES ECO SOLUTIONS ECONOMY PAVING CO ST CATHARIN ECONOMY PAVING CO ST CATHARIN ELIA, DOMENIC ELIA, JOHN ELIA, SANDRO ELLIS ENGINEERING INC EMCOMP CONSULTANTS INC ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ETHERINGTON, DAVE ETHERINGTON, DAVE Cheque No. Cheque Date 298732 297679 298250 298092 298492 297878 297680 298310 298311 297879 297681 298094 298312 298618 298095 298096 298097 297682 297880 298733 297683 298098 298025 298313 298314 298100 297684 298734 298101 298315 298102 297881 297882 298103 298316 298317 297685 297883 298318 298736 298619 297686 298319 298494 297885 298737 298495 298738 298496 297886 298320 297687 298104 298251 298321 298497 298621 298739 298622 297888 298322 297688 297889 10- Jan -2006 29- Nov -2005 15- Dec -2005 13- Dec -2005 28- Dec -2005 6- Dec -2005 29- Nov -2005 20- Dec -2005 20- Dec -2005 6- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 13- Dec -2005 13- Dec -2005 13- Dec -2005 29- Nov -2005 6- Dec -2005 10- Jan -2006 29- Nov -2005 13- Dec -2005 9- Dec -2005 20- Dec -2005 20- Dec -2005 13- Dec -2005 29- Nov -2005 10- Jan -2006 13- Dec -2005 20- Dec -2005 13- Dec -2005 6- Dec -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 10- Jan -2006 3- Jan -2006 29- Nov -2005 20- Dec -2005 28- Dec -2005 6- Dec -2005 10- Jan -2006 28- Dec -2005 10- Jan -2006 28- Dec -2005 6- Dec -2005 20- Dec -2005 29- Nov -2005 13- Dec -2005 15- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 3- Jan -2006 6- Dec -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 Purpose CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS ADMINISTRATIVE CONSULTING SERVICES REFUND MATERIALS CONSULTING SERVICES REFUND MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MAINTENANCE AND REPAIRS CONSULTING SERVICES MATERIALS REMITTANCE CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS REMITTANCE ADMINISTRATIVE MATERIALS CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND CONSULTING SERVICES CONSULTING SERVICES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES REFUND CONSULTING SERVICES CONSULTING SERVICES ADMINISTRATIVE ADMINISTRATIVE Page 6 of 19 Amount 2,099.88 7,248.57 8,501.29 15.00 165.58 15,360.36 237.36 2,362.10 852.50 197.93 2,675.71 860.34 6,565.80 333.62 15.00 90.00 125.00 3,013.00 1,638.75 1,011.51 5,819.73 321.00 6,239,300.62 5,778.00 439.30 250.00 96.02 455.91 7.50 369.67 15.00 30,779.71 88.64 250.00 14,894.40 125.00 1,308.85 3,495.54 2,094.16 3,272.67 46.42 3,939.56 2,243.89 1,821.60 106,398.86 8,515.12 125.00 149.50 125.00 839.95 834.60 555.14 15,148.93 4,187.83 2,366.84 2,543.36 945.88 37,119.44 2,986.19 492.20 577.80 101.28 77.23 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLSVIEW BIA FARRELL, PETE FASTENAL CANADA FASTENAL CANADA FEDEX TRADE NETWORKS FELCON STEEL LTD FELICETTI, ANNY FELICETTI, SERGE FERNDALE VINEYARDS INC FERRANTE, PRISCILLA FIELD OF DREAMS FINCH, FRANK FINE GRADE CONSTRUCTION FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY DIST CENTRE FIREFIT OF CANADA LTD FIRESERVICE MANAGEMENT LTD FITNESS EQUIPMENT REPAIR FITNESS EQUIPMENT REPAIR FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FOHR, FRANK FORCIER, SUE FORCIER, SUE FORT ERIE ECONOMIC DEVEL TO FRANCOTYP POSTALIA CANADA FRANK COWAN COMPANY LIMITED FREEMAN, SHELLEY FRETZ, LINDA FRONTIER EQUIPMENT CO LTD G K SERVICES CANADA INC G K SERVICES CANADA INC GALES GAS BARS GALT KNIFE CO LTD GARLUND PROPERTIES INC GAULD NURSERIES LTD GAULD NURSERIES LTD GAULD NURSERIES LTD GAULEY, ROBERT GAZDA HOULNE ASSOCIATES INC Cheque No. Cheque Date 298105 298323 298498 298740 297689 298106 298107 298499 298741 297690 297891 298108 298324 298500 298623 298742 297890 298743 298325 298501 297691 297692 298744 298109 298502 298110 298326 297693 298111 298746 298112 298624 297694 297892 298747 297893 298503 297695 297894 298113 298328 298504 298625 298748 297895 298329 298505 298114 298749 298750 298115 298116 297696 297900 298628 298507 298751 297697 297698 298117 298752 297898 297699 13- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 29- Nov -2005 13- Dec -2005 13- Dec -2005 28- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 6- Dec -2005 10- Jan -2006 20- Dec -2005 28- Dec -2005 29- Nov -2005 29- Nov -2005 10- Jan -2006 13- Dec -2005 28- Dec -2005 13- Dec -2005 20- Dec -2005 29- Nov -2005 13- Dec -2005 10- Jan -2006 13- Dec -2005 3- Jan -2006 29- Nov -2005 6- Dec -2005 10- Jan -2006 6- Dec -2005 28- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 6- Dec -2005 20- Dec -2005 28- Dec -2005 13- Dec -2005 10- Jan -2006 10- Jan -2006 13- Dec -2005 13- Dec -2005 29-Nov -2005 6- Dec -2005 3- Jan -2006 28- Dec -2005 10- Jan -2006 29- Nov -2005 29- Nov -2005 13- Dec -2005 10- Jan -2006 6- Dec -2005 29- Nov -2005 Purpose MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS SUPPLIES SUPPLIES SUPPLIES SUPPLIES MATERIALS MATERIALS SUPPLIES REMITTANCE REFUND MATERIALS MATERIALS MATERIALS REFUND ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE REFUND REMITTANCE LEASES AND RENTS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS REFUND MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONSULTING SERVICES Page 7 of 19 Amount 2,514.97 1,432.09 1,854.65 17,931.61 1,926.64 904.15 2,535.60 1,922.08 6,102.86 586.94 1,309.18 269.20 154.24 306.87 1,089.25 1,341.46 48,780.76 99.99 38.73 236.08 83.79 5,397.26 248.60 250.00 381.35 15.00 102.35 750.00 179,914.25 74,526.84 131.45 106.14 2,197.92 416.19 54.82 814.71 115.00 308.50 14.85 1,813.87 1,177.94 1,505.23 264.50 812.94 50.00 247.29 352.46 5,000.00 203.55 18,007.64 15.00 15.00 18.63 98.72 103.19 66.01 423.20 122,310.71 1,123.50 1,042.00 1,426.00 162.05 8,305.34 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GE POLYMERSHAPES GEOPHYSIQUE GPR INTERN INC GERRIE ELECTRIC WHOLESALE LTD GILL, CLEMENCE GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GNGH FOUNDATION GNGH FOUNDATION GRAFTON UTILITY SUPPLY LTD GRASSWORKS LAWN MAINTENANCE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA BALLET CO GREATER NIAGARA GENERAL HOSPI GREIF BROS CANADA INC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIFFITHS, DAVID GROTTOLA, NANCY GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HACHEY, DARLENE HAGAN, DAVID HAGEN, MARY HALCO MOBILE MFG SALES SERV HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HAMILTON, STEPHEN HAMILTON, STEPHEN HARD ROCK PAVING CO HARDY, LAURA HARRISON, TODD HAYGAR ENTERPRISES HAZARD CONTROL TECHNOLOGIES I HEART NIAGARA INC HEART NIAGARA INC HECO HECO HECO HECO HECO HENDERSON RECREATION EQUIPMEN HICKEY, NEAL HICKEY, NEAL HICKEY, NEAL HICKS, DEREK HICKS, DEREK HILL BOLES LTD Cheque No. Cheque Date Purpose 298627 297899 298508 298509 297901 298118 298510 298629 298753 297701 298331 297902 297903 297700 297904 298119 298330 298630 298754 297702 298511 297703 298332 298755 298120 297704 298512 297705 298121 298333 298513 298122 298514 298632 298757 298123 298124 298125 298334 297906 298335 298515 298336 298516 297907 298633 297706 298126 297908 298517 298634 297707 297909 298127 298337 298758 297910 297708 297911 298759 298635 298760 297912 3- Jan -2006 6- Dec -2005 28- Dec -2005 28- Dec -2005 6- Dec -2005 13- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 20- Dec -2005 6- Dec -2005 6- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 28- Dec -2005 29- Nov -2005 20- Dec -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 28- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 13- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 13- Dec -2005 13- Dec -2005 13- Dec -2005 20- Dec -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 20- Dec -2005 28- Dec -2005 6- Dec -2005 3- Jan -2006 29- Nov -2005 13- Dec -2005 6- Dec -2005 28- Dec -2005 3- Jan -2006 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 10- Jan -2006 6- Dec -2005 29- Nov -2005 6- Dec -2005 10- Jan -2006 3- Jan -2006 10- Jan -2006 6- Dec -2005 MATERIALS CONSULTING SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REFUND REMITTANCE MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS Page 8 of 19 Amount 6,191.34 2,354.00 1,169.96 379.49 1,224.49 9,213.76 469.84 226.60 4,192.57 100, 000.00 892.67 279.45 1,508.70 1,963.54 11.95 918.54 745.54 352.60 296.07 86.00 76.75 1,054.10 2,242.35 14,880.81 15.00 2,743.80 23,482.30 2,469.66 1,184.21 758.77 2,109.68 1,577.34 552.69 331.20 196.65 15.00 15.00 15.00 287.50 131.10 144.90 1,036.10 563.91 339.77 76,823.88 276.75 380.73 1,296.00 8,683.50 420.00 80.00 1,324.83 12,417.90 3,557.00 2,867.95 441.91 5,014.00 125.00 337.50 240.00 250.00 111.37 915.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HILL BOLES LTD HODGSON CUSTOM ROLLING HODKIN, MARK HODKIN, MARK HOLMAN, GEOFF HOLMAN, GEOFF HOPKINS, FLORENCE HOSPITALITY RESORTS INC HOUDE, JERRY HOUDE, JERRY HUMAN RESOURCES DEVELOPME NT C HUMAN RESOURCES DEVELOPME NT C HUMAN RESOURCES DEVELOPME NT C HUMAN RESOURCES DEVELOPME NT C HUMAN RESOURCES DEVELOPME NT C HUMMELL, HAROLD HUMMELL, HAROLD IAFRATE, MARIO AND IAFRATE, GI ICI CANADA INC IKON OFFICE SOLUTIONS IMAGISTICS CANADA INC IMAGISTICS CANADA INC IMAGISTICS CANADA INC IN2ITIVE GROUP INC IN2ITIVE GROUP INC INDUSTRIAL HOSE HYDRAULICS INFORMATION NIAGARA INGENIOUS SOFTWARE INGENIOUS SOFTWARE IPCF PROPERTIES INC IRC BUILDING SCIENCES GROUP I ISECO INDUSTRIAL SAFETY EQUIP ISECO INDUSTRIAL SAFETY EQUIP J &B J W IVES ENTERPRISES JACK W HARPER CONST JACK W HARPER CONST JACK W HARPER CONST JACK W HARPER CONST JACKSON, CHRISTINE JACKSON, DAVE JACKSON, GILBERT JAGGER HIMS LIMITED JEROME ETKIN LTD BRILLINGER I JET ICE LTD JOHN BROOKS CO LTD JOJACKS OF NIAGARA JONES, PETER JONES, RONALD JUDSON, PATRICIA KAN DU POOLS LTD KAN DU POOLS LTD KARL ELLWANGER ESTATE KELLY, KAREN KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA L KNECHT BERCHTOLD INC KON, ADELE KON, ADELE KRAFT CANADA INC Cheque No. 298518 297913 297709 298338 298636 298761 298128 298339 297914 298129 297710 297915 298130 298340 298762 297916 298763 297711 298341 298131 297918 298343 298764 297919 298765 297920 298344 297712 298519 297713 298766 297921 298767 298346 297716 297922 298136 298345 298768 298135 298133 298134 298769 297714 298520 298770 298137 297923 298138 298139 297821 297924 297718 298771 297925 298638 298772 298347 298773 298141 297926 298774 297719 Cheque Date 28- Dec -2005 6- Dec -2005 29- Nov -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 13- Dec -2005 20- Dec -2005 6- Dec -2005 13- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 10- Jan -2006 6- Dec -2005 10- Jan -2006 29- Nov -2005 20- Dec -2005 13- Dec -2005 6- Dec -2005 20- Dec -2005 10- Jan -2006 6- Dec -2005 10- Jan -2006 6- Dec -2005 20- Dec -2005 29- Nov -2005 28- Dec -2005 29- Nov -2005 10- Jan -2006 6- Dec -2005 10- Jan -2006 20- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 10- Jan -2006 13- Dec -2005 13- Dec -2005 13- Dec -2005 10- Jan -2006 29- Nov -2005 28- Dec -2005 10- Jan -2006 13- Dec -2005 6- Dec -2005 13- Dec -2005 13- Dec -2005 30- Nov -2005 6- Dec -2005 29- Nov -2005 10- Jan -2006 6- Dec -2005 3- Jan -2006 10- Jan -2006 20- Dec -2005 10- Jan -2006 13- Dec -2005 6- Dec -2005 10- Jan -2006 29- Nov -2005 Purpose MATERIALS MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND REFUND MATERIALS REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS MATERIALS MATERIALS LEASES AND RENTS LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND CONSULTING SERVICES MATERIALS MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONSULTING SERVICES REFUND ADMINISTRATIVE MATERIALS CONSULTING SERVICES REFUND MATERIALS EQUIPMENT MAINTENANCE AND REPAIRS REFUND MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REFUND Page 9 of 19 Amount 204.72 1,391.50 125.00 51.06 92.84 80.18 1,780.00 2,926.79 133.88 91.99 45.57 45.57 45.57 45.57 45.57 226.19 101.28 3,621.91 9.94 23,911.95 4,578.36 2,195.64 5,478.79 2,855.67 1,026.02 5,197.48 85.60 1,016.50 2,466.35 1,528.04 8,185.50 126.49 287.48 80.25 1,957.67 1,733.93 11,597.18 13,622.17 1,761.09 103.49 155.30 15.00 2,667.17 334.39 1,070.26 69,345.00 8,106.54 750.00 10.00 15.00 4,836.83 4,815.00 4,464.78 113.94 915.96 27.17 72.46 22,952.86 1,337.50 1,368.50 287.67 277.68 64,937.77 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KRONSTEIN, MARK KUCHYT, TOM KUCHYT, TOM L MULLER DRY GOODS L WALTER SONS EXCAVATING L WALTER SONS EXCAVATING LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LASICA, ZARKO LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LAW SOCIETY OF UPPER CANADA LAW SOCIETY OF UPPER CANADA LAWS, JUANITA LE CONSEIL SCOLAIRE DE DISTRI LE CONSEIL SCOLAIRE DE DI STRI LEARN CONSTRUCTION LEGACY HOMES LELIEVRE, PETER LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LOBLAW PROPERTIES LIMITED LOWE, BUDDY LOWE, BUDDY LUBRIZOL CANADA LIMITED LUNDY'S LANE BIA M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACDOWELL, R 0 MACLEAN, JASON MACRAE, ROBERT MAIN FERRY BIA MAIURI, TODD MALALLEY, KEVIN MALALLEY, KEVIN MALIVUK, ZELJKO AND MALIVUK, N MALTBY ASSOCIATES INC MANCINI, EMILY MAPLE LEAF COLLISION CENTRE MARINELAND OF CANADA MARSHALL CAVENDISH CORPORATIO MARTENS, TOM MARTIN SHEPPARD FRASER LLP MATREX INTERNATIONAL MATRIX INNOVATIONS INC MATRIX INNOVATIONS INC MATTHEWS CAMERON HEYWOOD KERR MATTHEWS CAMERON HEYWOOD KERR MATTHEWS CAMERON HEYWOOD KERR MAVES, DIANE MCBRIDE, DALE MCCONNELL, LUCILLE MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCDONALD, ROB MCDONALD'S RESTAURANTS OF F M MCDONOUGH, BRIAN DOUGLAS AND C MCG PRODUCTIONS Cheque No. Cheque Date 298142 298143 298639 297933 298642 298779 297720 297721 298521 297927 297722 297928 298348 298522 298350 298351 298349 298026 298027 297929 297930 298775 297931 298352 298640 298776 297724 297934 298778 297725 297935 298644 298788 298354 298355 297726 297936 298145 297727 298248 298146 298780 298147 298356 297728 298781 298148 298782 297729 297937 298149 297938 298357 298783 298150 298151 298152 298358 298524 298153 297730 297731 297732 13- Dec -2005 13- Dec -2005 3- Jan -2006 6- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 29- Nov -2005 28- Dec -2005 6- Dec -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 20- Dec -2005 20- Dec -2005 20- Dec -2005 9- Dec -2005 9- Dec -2005 6- Dec -2005 6- Dec -2005 10- Jan -2006 6- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 6- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 3- Jan -2006 10- Jan -2006 20- Dec -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 29- Nov -2005 14- Dec -2005 13- Dec -2005 10- Jan -2006 13- Dec -2005 20- Dec -2005 29- Nov -2005 10- Jan -2006 13- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 13- Dec -2005 6- Dec -2005 20- Dec -2005 10- Jan -2006 13- Dec -2005 13- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 13- Dec -2005 29- Nov -2005 29- Nov -2005 29- Nov -2005 Purpose REFUND REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REFUND REMITTANCE REMITTANCE REFUND REFUND REFUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS MATERIALS CONSULTING SERVICES REMITTANCE REFUND ADMINISTRATIVE REMITTANCE REFUND REFUND REFUND CONTRACT SERVICES REFUND CONTRACT SERVICES REFUND MATERIALS REFUND CONTRACT SERVICES MATERIALS CONSULTING SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND MATERIALS MATERIALS ADMINISTRATIVE REFUND REFUND CONTRACT SERVICES Page 10 of 19 Amount 27.00 401.83 108.88 2,593.25 761.84 1,571.30 683.10 8,342.32 129.39 75.00 1,758.69 70.38 489.55 53.76 1,614.63 1,614.63 890.00 99,334.21 204,619.52 750.00 779.00 125.00 111.28 228.98 458.24 248.25 558.98 904.19 840.52 27,844.03 62,235.66 131.61 1,576.78 280.88 460.81 750.00 11,717.08 90.00 230.00 230.00 117.44 2,782.00 750.00 3,984.75 2,020.08 815.73 10.00 454.75 1,874.87 47,456.46 25,635.60 8,823.49 2,986.18 2,996.00 99.00 7.50 93.00 407.38 67.89 559.97 14,843.63 1,326.03 4,878.13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MCG PRODUCTIONS MCLAUGHLIN CREATIVE COMMUNICA MCLAUGHLIN CREATIVE COMMUNICA MCLEAN KERR LLP MCNAMARA, SUSAN MCNEIL, MARTIN D MCRAE, LEN ME OLSEN TITLES INC ME OLSEN TITLES INC MEDCON MECHANICAL LTD METRO PLUMBING HEATING MICHELIN NORTH AMERICA (CANAD MICK AND ANGELO "S PREHISTORI MIGNELLI, CARMEN MINERVINI, DOMENIC MINERVINI, DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MITCHELL, LOUIE MOBILE COMMUNICATION SERVICES MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTAGUE, ROSE MONTCAP FINANCIAL CORPORATION MONTGOMERY BROS NORTHLAND S MONTGOMERY BROS NORTHLAND S MONTGOMERY BROS NORTHLAND S MONTGOMERY, MOE AND MONTGOMERY MONTGOMERY, MOE AND MONTGOMERY MOORE, KEN MOROCCO, ANNA MOROCCO, ANNA MOROCCO, JOHN MORRISON HERSHFIELD MORTON, DALE MOSCHITTI, LORETO AND MOSCHITT MOSS, HIRRELL MR FURNACE /HU -ERO COMMERCIAL MR QUICK SOFT CLOTH MUNICIPAL LAW ENFORCEMENT OFF MURAWSKI, CHESTER MURRAY, LAWRENCE MUSSARI, TOM MUSSARI, TOM MUSSARI, TOM MY COUNTRY DELICATESSEN MY COUNTRY DELICATESSEN MY COUNTRY DELICATESSEN MY COUNTRY DELICATESSEN Cheque No. Cheque Date 297939 6- Dec -2005 298154 13- Dec -2005 298360 20- Dec -2005 298361 20- Dec -2005 298155 13- Dec -2005 298156 13- Dec -2005 297733 29- Nov -2005 297735 29- Nov -2005 298525 28- Dec -2005 297734 29- Nov -2005 298362 20- Dec -2005 298785 10- Jan -2006 297940 6- Dec -2005 297941 6- Dec -2005 297942 6- Dec -2005 298786 10- Jan -2006 297737 29- Nov -2005 297738 29- Nov -2005 297739 29- Nov -2005 297944 6- Dec -2005 298158 13- Dec -2005 298364 20- Dec -2005 298527 28- Dec -2005 298528 28- Dec -2005 297736 29- Nov -2005 297943 6- Dec -2005 298157 13- Dec -2005 298363 20- Dec -2005 298526 28- Dec -2005 298643 3- Jan -2006 298787 10- Jan -2006 298365 20- Dec -2005 298789 10- Jan -2006 297740 29- Nov -2005 298159 13- Dec -2005 298366 20- Dec -2005 298160 13- Dec -2005 298790 10- Jan -2006 298367 20- Dec -2005 298529 28- Dec -2005 298791 10- Jan -2006 297741 29- Nov -2005 298368 20- Dec -2005 298161 13- Dec -2005 297742 29- Nov -2005 297743 29- Nov -2005 297945 6- Dec -2005 298369 20- Dec -2005 298792 10- Jan -2006 297744 29- Nov -2005 298162 13- Dec -2005 298249 14- Dec -2005 298370 20- Dec -2005 298793 10- Jan -2006 298163 13- Dec -2005 298371 20- Dec -2005 297745 29- Nov -2005 298164 13- Dec -2005 298372 20- Dec -2005 298165 13- Dec -2005 298373 20- Dec -2005 298530 28- Dec -2005 298794 10- Jan -2006 Purpose CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES REFUND REFUND REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES REMITTANCE REFUND REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS Page 11 of 19 Amount 2,413.92 649.75 2,294.25 26,263.96 117.00 750.00 60.00 117.95 109.75 186.18 9,945.40 7,552.05 265.00 204.30 238.01 155.72 4,082.96 52,141.27 109.23 109.23 109.23 6,159.55 54,765.16 3,976.03 1,637.88 1,387.88 1,387.88 1,387.88 1,326.78 1,261.61 1,261.61 125.00 43.70 3,886.32 2,557.08 1,577.92 15.00 1,806.71 492.20 1,490.98 2,888.78 197.95 311.19 85.75 250.00 750.00 244.76 42,259.65 64.57 288.41 15.00 13,166.35 81.00 300.00 15.00 114.81 250.57 1,117.50 182.13 47.10 55.73 38.64 75.10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NEDCO NERO, NICK NIAGARA 21 ST GROUP IN NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCH NIAGARA DISTRICT AIRPORT COMM NIAGARA DISTRICT AIRPORT COMM NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS PROFESSIONAL FI NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS MINOR HOCKEY AS NIAGARA FALLS TOURS LIMITED NIAGARA INFLATABLES NIAGARA MOTORS NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH S NIAGARA OCCUPATIONAL HEALTH S NIAGARA ON THE LAKE HYDRO INC NIAGARA ON THE LAKE HYDRO INC NIAGARA PLUMBING SUPPLY COMPA NIAGARA REGIONAL FIRE CHIEFS NIAGARA REGIONAL POLICE SERVI NIAGARA SHEET METAL NIAGARA SOUND SYSTEMS NIAGARA SOUND SYSTEMS NIAGARA SOUND SYSTEMS NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA TRANSIT NIAGARA UNION PROPERTY DEVELO NIAGARA.COM NIAGARA.COM NIAGARE REGIONAL TRAINING OFF NIAGARE REGIONAL TRAINING OFF NICHOL, ROBERT DR NISUS CONSTRUCTION LTD NORJOHN LTD Cheque No. Cheque Date 298531 298795 297746 297946 298166 297947 298167 298374 298645 298028 297747 298797 297751 297952 298024 298172 298380 298535 298648 298649 298800 297949 298376 298585 297748 297749 297950 297951 298169 298170 298377 298378 298533 298646 298798 298379 297750 297953 298801 298382 298383 298802 298384 298803 297752 297954 298804 298538 298174 298539 298806 298385 298175 298176 298650 298386 298168 298796 298173 298805 297955 298807 298588 28- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 13- Dec -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 9- Dec -2005 29- Nov -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 8- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 3- Jan -2006 10- Jan -2006 6- Dec -2005 20- Dec -2005 28- Dec -2005 29- Nov -2005 29- Nov -2005 6- Dec -2005 6- Dec -2005 13- Dec -2005 13- Dec -2005 20- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 20- Dec -2005 29- Nov -2005 6- Dec -2005 10- Jan -2006 20- Dec -2005 20- Dec -2005 10- Jan -2006 20- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 10- Jan -2006 28- Dec -2005 13- Dec -2005 28- Dec -2005 10- Jan -2006 20- Dec -2005 13- Dec -2005 13- Dec -2005 3- Jan -2006 20- Dec -2005 13- Dec -2005 10- Jan -2006 13- Dec -2005 10- Jan -2006 6- Dec -2005 10-Jan -2006 28- Dec -2005 Purpose MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE GRANT GRANT REMITTANCE REMITTANCE REMITTANCE MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES REMITTANCE GRANT REMITTANCE UTILITIES REMITTANCE UTILITIES REMITTANCE UTILITIES REMITTANCE UTILITIES UTILITIES REMITTANCE UTILITIES GRANT MATERIALS MATERIALS EQUIPMENT ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE GRANT GRANT REFUND CONSULTING SERVICES CONTRACT SERVICES REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES Page 12 of 19 Amount 1,081.23 500.00 145, 395.96 13,180.78 113.85 536.19 21.37 163.76 25.88 3,139,656.50 18,805.00 21,400.00 2,007.04 2,007.04 4,036.73 2,007.04 2,007.04 2,007.04 3,989.27 2,204.16 2,204.16 203.30 35.00 36,720.38 6,013.46 132,273.01 25,619.85 5,602.38 7,304.57 2,196.51 9,721.91 1,404.77 121,553.49 4,775.90 21,910.22 1,989.00 133.75 97.75 21,850.00 2,951.16 1,282.93 4,830.00 63.26 79.56 846.75 50.00 105.00 230.00 4,082.38 856.50 207.00 5,430.67 504.18 140,000.00 250,000.00 2,068.50 166.34 141.78 650.00 150.00 353.10 1,312.90 5,000.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name O REIT HOLDINGS INC IN TRUS OACETT OACETT OACETT OAKES HARRY HOCO LIMITED ODAPMAR REAL ESTATE JOINT VEN O'HARA TRUCKING EXCAVATING OLSEN, IAN OMERS OMERS OMERS OMFPOA NIAGARA CHAPTER OMHRA ONTARIO CLEAN ALL ONTARIO ENVIRONMENTAL SAFET ONTARIO GOOD ROADS ASSOCIATIO ONTARIO MUNICIPAL FIRE PREVEN ONTARIO PLUMBING INSPECTORS A ONTARIO POWER GENERATION INC ONTARIO WATER PRODUCTS INC ONTARIO WATER PRODUCTS INC ONTARIO WATER PRODUCTS INC OUDERKIRK, KATHARINE PACIFIC WESTEEL PAGENET OF CANADA INC PANTUSA, BRIAN PAPER DIRECT PARKSMART PARKVIEW PARKWOOD ESTATES SUBDIVISION PARSONS, CHAD PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PELLPROPCO 1220 AM INC PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PERDAN LIMITED PERFORMANCE DIMENSIONS INTERN PERKINS, LORIE PETERBILT OF ONTARIO INC PETERBILT OF ONTARIO INC PETERBILT OF ONTARIO INC PETERSON COMMUNITY WORKSHOP PHILIPS ENGINEERING PHILIPS ENGINEERING PHILIPS ENGINEERING PHILLIPS, GERALD PIETRANGELO, DAN PIETRANGELO, NICK PILAR -CASS, EVA PINDERS LOCK AND SECURITY PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATI PIPEFLO CONTRACTING CORPORATI PIPEFLO CONTRACTING CORPORATI PIZZA VILLA POPKO, SUSAN POPPA CORN CORP POPPA CORN CORP POPPA CORN CORP POPPA CORN CORP Cheque No. 297753 297754 298177 298387 297755 297957 298388 298389 297958 297959 297960 298540 298390 297756 298252 298541 297757 298808 298178 297758 298179 298392 298542 298180 297759 298543 297961 298544 298809 298393 297962 298181 298651 298810 298182 298811 297760 298394 297963 297761 298183 297762 297964 298395 297763 297764 297965 298652 298184 298812 298185 297765 297966 298813 297766 298186 298814 298815 298187 297767 297967 298396 298545 Cheque Date 29- Nov -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 20- Dec -2005 6- Dec -2005 6- Dec -2005 6- Dec -2005 28- Dec -2005 20- Dec -2005 29- Nov -2005 15- Dec -2005 28- Dec -2005 29- Nov -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 13- Dec -2005 29- Nov -2005 28- Dec -2005 6- Dec -2005 28- Dec -2005 10- Jan -2006 20- Dec -2005 6- Dec -2005 13- Dec -2005 3- Jan -2006 10- Jan -2006 13- Dec -2005 10- Jan -2006 29- Nov -2005 20- Dec -2005 6- Dec -2005 29- Nov -2005 13- Dec -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 29- Nov -2005 29- Nov -2005 6- Dec -2005 3- Jan -2006 13- Dec -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 6- Dec -2005 10- Jan -2006 29- Nov -2005 13- Dec -2005 10- Jan -2006 10- Jan -2006 13- Dec -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 Purpose REFUND REMITTANCE REMITTANCE REMITTANCE REFUND REFUND CONTRACT SERVICES ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE MATERIALS CONTRACT SERVICES REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS ADMINISTRATIVE EQUIPMENT CONTRACT SERVICES REFUND MATERIALS CONTRACT SERVICES MATERIALS ADMINISTRATIVE REFUND MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS DONATION MATERIALS CONSULTING SERVICES CONTRACT SERVICES REFUND REFUND REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS Page 13 of 19 Amount 13,757.80 192.60 154.00 192.60 750.00 1,800.00 7,941.08 1,337.50 4,721.48 21,668.56 320,401.60 200.00 160.50 240.75 25,230.60 1,603.29 250.00 120.00 2,140.00 226.55 928.05 2,542.05 280.88 20, 333.46 308.41 125.00 103.59 931.50 332.99 4,000.00 57.70 669.81 217.71 1,702.13 374.50 588.50 186.18 271.78 5,440.95 1,007.48 15.00 1,456.37 358.76 526.60 100.00 1,513.49 4,101.89 485.65 15.00 114.99 125.00 648.00 600.53 7,830.79 26,281.23 33,398.12 9,265.26 43.00 15.00 471.71 3,048.74 556.45 516.22 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name POPPA CORN CORP POTTS, JESSICA PRATA, GUY PRATA, GUY PRAXAIR PRAXAIR PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PROJECT SHARE PROJECT SHARE PROLINER UTILITY PRODUCTS PROVINCIAL CONSTRUCTION (NIAG PROVINCIAL MAINTENANCE PUBLICATIONS CCH LTEE PURE WATER PURE WATER PURE WATER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R W HOIST REPAIRS LTD R E P CO. R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMIT R V ANDERSON ASSOCIATES LIMIT RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RADULOVICH, KOSTA RAIMONDO ASSOCIATES ARCHITE RAIMONDO ASSOCIATES ARCHITE RANDY LEVINSON ARBITRATION SE RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RAPANARO, ED RAVEN, BONNIE RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY REALTAX INC REAMINED SYSTEMS INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL OF CANADA REDEVELOPMENT CONCEPTS INTERN REED CONSTRUCTION DATA INC REGIONAL CONSTRUCTION RESTO REGIONAL CONSTRUCTION RESTO REGIONAL DOORS HARDWARE REGIONAL NIAGARA FIRE BUFFS RENTOKIL INITIAL CANADA LIMIT RICCI, JOHN RIDGEMOUNT QUARRIES LIMITED RIOCAN PROPERTY SERVICES TRUS Cheque No. Cheque Date Purpose 298816 298188 298189 298546 297968 298398 298547 298817 297969 298399 298400 298586 298818 298190 298401 298653 297768 298191 298402 297769 297970 298192 298403 298654 298819 297979 298203 298826 297978 298659 297971 298404 298655 298193 298194 298820 298821 297770 298405 298656 298195 297972 298406 298822 298196 297771 297973 298197 298407 298548 298657 298823 297772 298198 298549 297775 298202 298825 297774 297974 298658 297776 297777 10 Jan 2006 13- Dec -2005 13- Dec -2005 28- Dec -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 6- Dec -2005 20- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 13- Dec -2005 20- Dec -2005 3- Jan -2006 29- Nov -2005 13- Dec -2005 20- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 6- Dec -2005 13- Dec -2005 10- Jan -2006 6- Dec -2005 3- Jan -2006 6- Dec -2005 20- Dec -2005 3- Jan -2006 13- Dec -2005 13- Dec -2005 10- Jan -2006 10- Jan -2006 29- Nov -2005 20- Dec -2005 3- Jan -2006 13- Dec -2005 6- Dec -2005 20- Dec -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 13- Dec -2005 28- Dec -2005 29- Nov -2005 13- Dec -2005 10- Jan -2006 29- Nov -2005 6- Dec -2005 3- Jan -2006 29- Nov -2005 29- Nov -2005 MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS REMITTANCE MATERIALS REMITTANCE CONTRACT SERVICES CONTRACT SERVICES DONATION GRANT MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONSULTING SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REMITTANCE CONTRACT SERVICES REFUND MATERIALS REFUND Page 14 of 19 Amount 691.75 87.29 23.63 16.46 128.94 475.24 26.97 484.45 6,063.03 3,886.66 892.67 16,664.61 200.63 6,803.07 42,778.34 109.14 49.50 177.00 284.00 55.64 51.47 65.52 340.51 255.12 25.34 376.24 365.13 845.61 4,448.30 6,802.16 9.04 2,291.32 1,150.69 8,275.00 18,977.45 8,452.42 5,807.77 592,920.80 5,350.00 91.96 15.00 1,197.56 1,197.56 18,805.25 535.00 149,940.47 142,564.01 140,058.81 139,349.74 128,291.32 196,157.55 191,337.58 2,128.00 18,875.98 793.17 5,778.00 1,070.00 395.43 600.00 148.22 100.00 185.01 20,433.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RIVER REALTY DEVELOPMENT (197 ROAD MAINTENANCE EQUIPMENT ROAD SAVERS 2000 LTD ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROBBINS, JANE ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC RONA ONTARIO INC ROTHSAY ROTO- ROOTER PLUMBERS ROYAL AUTO COLLISION LIMITED ROYAL CANADIAN LEGION NO 396 ROYAL ENVELOPE LTD RUSCITTI, TONY S C INTERIORS LIMITED SACCO CONSTRUCTION SACCO CONSTRUCTION SACCO CONSTRUCTION SACCO, FRED SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY TODAY SAFETY TODAY SAFETY TODAY SAFETY TODAY SAGE, DON SAINT GOBAIN CERAMIC MATERIAL SALCI, TED SAM VISCA ELECTRIC SANDERSON, G SAVOY, ROY SCARINGI, VITO SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTT, JOANNE SCOTT, RYAN SEALER WORKS SEALER WORKS SEBEK, FRANK SECRETARY TREASURER NIAGARA R SEICK, WILLIAM SEMACH, NANCY SERIANNI CONSTRUCTION LTD SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHEEHAN, TERRY SHERIDAN, ERIC SHERWIN WILLAMS SHERWIN WILLIAMS SHRED IT CANADA TORONTO Cheque No. 297975 297976 298410 298204 298411 298827 298205 298412 298413 297778 298829 298415 297779 297977 298206 298029 297785 297780 298416 298830 297781 297782 298207 298831 297980 298660 297783 297981 298552 298661 298417 297784 298662 298253 298418 298832 298208 297786 297787 297982 297983 298209 298419 298663 298834 298835 298210 297984 297985 298420 298421 298537 298211 297788 298422 298212 298423 298836 298664 297987 298424 298425 298837 Cheque Date 6- Dec -2005 6- Dec -2005 20- Dec -2005 13- Dec -2005 20- Dec -2005 10- Jan -2006 13- Dec -2005 20- Dec -2005 20- Dec -2005 29- Nov -2005 10- Jan -2006 20- Dec -2005 29- Nov -2005 6- Dec -2005 13- Dec -2005 9- Dec -2005 29- Nov -2005 29- Nov -2005 20- Dec -2005 10- Jan -2006 29- Nov -2005 29- Nov -2005 13- Dec -2005 10- Jan -2006 6- Dec -2005 3- Jan -2006 29- Nov -2005 6- Dec -2005 28- Dec -2005 3- Jan -2006 20- Dec -2005 29- Nov -2005 3- Jan -2006 15- Dec -2005 20- Dec -2005 10- Jan -2006 13- Dec -2005 29- Nov -2005 29- Nov -2005 6- Dec -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 10- Jan -2006 13- Dec -2005 6- Dec -2005 6- Dec -2005 20- Dec -2005 20- Dec -2005 28- Dec -2005 13- Dec -2005 29- Nov -2005 20- Dec -2005 13- Dec -2005 20- Dec -2005 10- Jan -2006 3- Jan -2006 6- Dec -2005 20- Dec -2005 20- Dec -2005 10- Jan -2006 Purpose REFUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS UTILITIES MATERIALS MATERIALS CONTRACT SERVICES REFUND REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND ADMINISTRATIVE MATERIALS REFUND REFUND ADMINISTRATIVE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE REFUND REFUND CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONSULTING SERVICES REFUND REFUND MATERIALS MATERIALS CONTRACT SERVICES Page 15 of 19 Amount 12,135.22 2,212.15 7,980.10 554.30 2,816.06 2,984.75 15.00 377.24 1,596.84 312.75 40.66 149.80 1,190.10 65.00 146.72 53.00 5,764.95 1,819.00 7,086.50 28,587.30 125.00 1,395.98 300.55 315.65 549.80 263.31 211.50 1,500.33 672.43 52.90 114.95 10,578.31 1,160.00 368.74 100.00 125.00 213.53 161,650.83 722.20 1,171.00 92,211.77 7,752.49 9.51 148,984.53 1,500.00 4,967.47 15.00 45.00 1,707.40 156.49 750.00 450.00 15.00 114.99 9,790.50 10,308.38 1,462.69 4,315.85 114.99 750.00 289.36 174.03 139.10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SINGULAR PRODUCTIONS LIMITED SINGULAR PRODUCTIONS LIMITED SMITH, DARRELL SMITH, SPENCER SMITH, SPENCER SOIL MAT ENGINEERS CONSULTA SOUTHERN DOLLAR SOYICA, ROBERT ST CATHARINES BUSINESS MACHIN ST CATHARINES BUSINESS MACHIN ST JOSEPH BAKERY ST LOUIS, MARIO STAMFORD HOME HARDWARE STANLEY INDUSTRIAL PLACE STAR COLLISION SERVICE STEPHENS, TANYA STEPHENS, TANYA STRANGES, TOM STREAMLINE SULLIVAN MAHONEY SUN LIFE ASSURANCE COMPAN Y OF SUN LIFE ASSURANCE COMPAN Y OF SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SYMPOSIUM TECHNOLOGIES T C HOLDINGS TALK WIRELESS INC TAMM COMMUNICATIONS INC TANNER, DR PHILIP TASSONE, FRANK TAYLOR, ALEX TAYLOR, BARBARA TAYLOR -MADE ENTERPRISES INC TAYLOR -MADE ENTERPRISES INC TAYLOR -MADE ENTERPRISES INC TD CANADA TRUST TECVALCO LTD TELLIER, MIKE TELLIER, MIKE TELUS INTEGRATED COMMUNICATIO TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERANET INC TERAVIEW TES INFORMATION TECHNOLOGIES TESKEY, BERNADETTE THE ASSOC OF ARCHITECTURAL TE THE CHAMBER OF COMMERCE NIAGA THE CHAMBER OF COMMERCE NIAGA THE DENNIS GROUP Cheque No. Cheque Date 297988 298213 298426 298554 297989 298427 297991 298428 298665 298838 298839 297789 297792 297993 298841 298214 298840 297790 297791 297793 298667 298215 297794 298556 297994 298431 297795 298430 298429 297995 298432 298669 297797 298433 298434 297796 298216 298217 298218 297996 298557 298842 298558 297997 297998 298435 298436 297999 298220 298559 298843 298844 297798 298000 298560 298437 298221 298670 298222 298845 298001 298846 297799 6 -Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 6- Dec -2005 20- Dec -2005 6- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 10- Jan -2006 29- Nov -2005 29- Nov -2005 6- Dec -2005 10- Jan -2006 13- Dec -2005 10- Jan -2006 29- Nov -2005 29- Nov -2005 29- Nov -2005 3- Jan -2006 13- Dec -2005 29- Nov -2005 28- Dec -2005 6- Dec -2005 20- Dec -2005 29- Nov -2005 20- Dec -2005 20- Dec -2005 6- Dec -2005 20- Dec -2005 3- Jan -2006 29- Nov -2005 20- Dec -2005 20- Dec -2005 29- Nov -2005 13- Dec -2005 13- Dec -2005 13- Dec -2005 6- Dec -2005 28- Dec -2005 10- Jan -2006 28- Dec -2005 6- Dec -2005 6- Dec -2005 20- Dec -2005 20- Dec -2005 6- Dec -2005 13- Dec -2005 28- Dec -2005 10- Jan -2006 10- Jan -2006 29- Nov -2005 6- Dec -2005 28- Dec -2005 20- Dec -2005 13- Dec -2005 3- Jan -2006 13- Dec-2005 10- Jan -2006 6- Dec -2005 10- Jan -2006 29- Nov -2005 Purpose MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS ADMINISTRATIVE REFUND REFUND CONSULTING SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS REFUND MATERIALS REFUND MAINTENANCE AND REPAIRS ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES ADMINISTRATIVE REFUND ADMINISTRATIVE REFUND REFUND MATERIALS MATERIALS MATERIALS REFUND MATERIALS REFUND REFUND UTILITIES UTILITIES UTILITIES MATERIALS UTILITIES UTILITIES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS ADMINISTRATIVE REMITTANCE CONSULTING SERVICES REFUND REMITTANCE MATERIALS REMITTANCE CONSULTING SERVICES Page 16 of 19 Amount 74.75 74.75 1,995.10 4,715.00 1,279.95 921.15 248.14 531.14 115.00 1,997.18 87.40 57.70 127.10 42.67 661.00 15.00 134.47 21,039.85 4,627.03 55.52 63.30 125.00 166.75 2,034.34 229,326.76 543.46 540.16 229,353.03 1,432.67 534.97 340.70 133,750.00 55,814.38 288.74 2,814.80 119.91 490.13 15.00 15.00 276.00 1,495.00 1,207.50 179.00 63.35 109.01 109.00 3,105.90 851.62 7,270.41 285.13 576.05 809.79 184.00 6,858.14 92.00 5,000.00 24.05 10,155.00 15.00 340.00 436.56 1,462.34 1,605.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE DRAWING CENTRE THE JACKET CELLAR THE ONTARIO MUNICIPAL MANAGEM THE ONTARIO MUNICIPAL MANAGEM THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REGIONAL MUNICIPALITY OF THE REVIEW THE REVIEW THE TRIBUNE THE UNIFORM GROUP INC THE UNIFORM GROUP INC THE UNIFORM GROUP INC THOMPSON, JEFFRY THOMSON, WAYNE THOROWEST PLAZA LTD THORSTONE PROPERTIES LIMITED THUSUSKA, JEFF TIME FX INTL TORONTO POLICE SERVICE TORONTO STAMP INC TOTTEN SIMS HUBICKI ASSOCIATE TOTTEN SIMS HUBICKI ASSOCIATE TOTTEN SIMS HUBICKI ASSOCIATE TOTTEN SIMS HUBICKI ASSOC TOTTEN SIMS HUBICKI ASSOC TOTTEN SIMS HUBICKI ASSOC TOTTEN SIMS HUBICKI ASSOC TOTTEN SIMS HUBICKI ASSOC TOUCHSTONE SITE CONTRACTORS TOWN OF NIAGARA ON THE LAKE TRANSPORTATION ASSOCIATION OF TRI CITY CURB CUTTING INC TROPEA, DOMINIC AND TROPEA, JO TROY SPRINKLER LIMITED TYNDALL, MARION UNIFORM UNIFORMS UNIFORM UNIFORMS UNITED PARCEL SERVICE UNITED WAY UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEM URBAN ENVIRONMENTAL MANAGEM VADIM COMPUTER MANAGEMENT GRO VAIL, TIM VALLEY BLADES LIMITED VAN DE LAAR, DAVE VANCOR SUPPLY Cheque No. Cheque Date 298223 297800 298562 298847 298004 298438 298563 297801 298005 298439 298848 297773 297824 298199 298200 298201 298408 298409 298461 298550 298551 298824 298224 298671 297802 297803 298440 298564 297804 298849 297805 297806 298225 298226 298227 298441 298007 298228 298851 298008 298229 298442 298672 298850 297807 297822 298230 298231 298232 298233 298234 297808 298566 298235 298567 298236 298673 298853 298444 298854 298445 298568 297809 13- Dec -2005 29- Nov -2005 28- Dec -2005 10- Jan -2006 6- Dec -2005 20- Dec -2005 28- Dec -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 10- Jan -2006 29- Nov -2005 2- Dec -2005 13- Dec -2005 13- Dec -2005 13- Dec -2005 20- Dec -2005 20- Dec -2005 22- Dec -2005 28- Dec -2005 28- Dec -2005 10- Jan -2006 13- Dec -2005 3- Jan -2006 29- Nov -2005 29- Nov -2005 20- Dec -2005 28- Dec -2005 29- Nov -2005 10- Jan -2006 29- Nov -2005 29- Nov -2005 13- Dec -2005 13- Dec -2005 13- Dec -2005 20- Dec -2005 6- Dec -2005 13- Dec -2005 10- Jan -2006 6- Dec -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 30- Nov -2005 13- Dec -2005 13- Dec -2005 13- Dec -2005 13- Dec -2005 13- Dec -2005 29- Nov -2005 28- Dec -2005 13- Dec -2005 28- Dec -2005 13- Dec -2005 3- Jan -2006 10- Jan -2006 20- Dec -2005 10- Jan -2006 20- Dec -2005 28- Dec -2005 29- Nov -2005 Purpose MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE REFUND REFUND MATERIALS REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES LEASES AND RENTS REMITTANCE CONTRACT SERVICES REFUND CONTRACT SERVICES REFUND MATERIALS MATERIALS REMITTANCE REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND MATERIALS Page 17 of 19 Amount 692.36 135.70 146.00 115.00 1,926.84 1,775.78 3,191.23 148.35 955.94 583.05 1,395.19 26,181.75 2,300.00 59,540.00 5,360.00 29,656.17 1,468,053.81 22,532.52 1,100.00 13,440.00 2,826.46 72,854.26 8,397.87 11,342.79 424.52 235.29 116.27 418.14 125.00 3,177.57 1,440.35 1,254.09 190.38 607.20 50.29 51.27 7,078.31 412.50 741.07 1,937.02 39,730.09 16,048.19 22,854.34 20,354.48 10,619.54 1,830.00 1,070.00 697.44 265.84 445.12 15.00 2,438.00 4,300.08 85.06 1,555.00 7,834.18 8,506.50 10, 325.50 401.25 53.15 5,150.05 125.00 234.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name VANCOR SUPPLY VANGENT, WILLIAM VANN MEDIA VANN MEDIA VANWELL PUBLISHING LIMITED VECCHIO ORNAMENTAL IRON LIMIT VERROCHE, KEVIN VICTORIA CENTRE BIA VIG, WAYNE VILLAMERE ERNIE PATTISON OUTD VINELAND QUARRIES VOLPATTI, SELINA WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER NOTT DRAGICEVIC ASSOC! WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER GROUP /CNI INC WARMAN, SAMANTHA WASHINGTON MILLS LTD WASTE MANAGEMENT WASTE MANAGEMENT WATSON, DOUGLAS AND MCFARLANE, WATT, DAVID WEIMA, DANAKA WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WHALEN, RICHARD WHEELER'S PRINTING COPYING WIEBE ENGINEERING GROUP INC WIEBE ENGINEERING GROUP INC WILLOUGHBY VOLUNTEER FIREFIGH WIMBUSH, ROB WINGER, TERRI WINGER, TERRI WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WIRELESS WORKS WIRELESS WORKS WJRS HOME MAINTENANCE INC WOMEN'S PLACE OF SOUTH NIAGAR WOMEN'S PLACE OF SOUTH NIAGAR WONG, WILLIAM W K WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB Cheque No. Cheque Date Purpose 298446 298009 298010 298569 298855 298571 298238 298011 298572 298447 298856 298857 297811 298012 298450 298574 298859 298858 297810 298448 298573 298449 298239 297812 298240 298451 298452 298453 298013 297813 298575 298014 298241 298242 298675 298015 298576 297814 298016 297815 298860 298587 298676 298677 298861 298018 298454 298678 298455 298019 298243 298456 298577 297816 298244 298457 298679 298862 297817 297818 298020 298458 298579 20 -Dec 2005 6- Dec -2005 6- Dec -2005 28- Dec -2005 10- Jan -2006 28- Dec -2005 13- Dec -2005 6- Dec -2005 28- Dec -2005 20- Dec -2005 10- Jan -2006 10- Jan -2006 29- Nov -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 10- Jan -2006 10- Jan -2006 29- Nov -2005 20- Dec -2005 28- Dec -2005 20- Dec -2005 13- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 20- Dec -2005 20- Dec -2005 6- Dec -2005 29- Nov -2005 28- Dec -2005 6- Dec -2005 13- Dec -2005 13- Dec -2005 3- Jan -2006 6- Dec -2005 28- Dec -2005 29- Nov -2005 6- Dec -2005 29- Nov -2005 10- Jan -2006 28- Dec -2005 3- Jan -2006 3- Jan -2006 10- Jan -2006 6- Dec -2005 20- Dec -2005 3- Jan -2006 20- Dec -2005 6- Dec -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 29- Nov -2005 13- Dec -2005 20- Dec -2005 3- Jan -2006 10- Jan -2006 29- Nov -2005 29- Nov -2005 6- Dec -2005 20- Dec -2005 28- Dec -2005 MATERIALS REFUND REFUND REFUND MATERIALS MATERIALS REFUND ADMINISTRATIVE REFUND REFUND MATERIALS ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONSULTING SERVICES CONTRACT SERVICES REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS REFUND DONATION GRANT CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE Page 18 of 19 Amount 5,675.13 750.00 831.50 186.25 368.35 689.98 15.00 58,749.74 125.00 163.75 5,024.48 678.72 194.32 76.82 346.04 80.88 11.07 3,672.78 1,481.42 1,146.05 4,734.45 16,188.00 57.50 5,891.32 481.50 26.75 140.00 306.46 62.46 18,540.40 1,996.03 2,148.96 852.43 15.00 588.80 2,694.26 2,762.18 17,900.00 104.09 65.00 65.00 31,666.63 4,381.51 994.14 4,066.00 750.00 892.66 2,083.33 3,600.00 6,899.02 1,033.77 4,677.88 327.72 25,941.14 23,241.90 32,116.89 18,308.47 13,969.20 17,782.59 603.83 1,426.83 11,819.58 15,991.15 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WSIB WSIB WYLIE, BRENDA WYLIE, BRENDA WYLIE, BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YORK UNIVERSITY SCHULICH EXEC YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YWCA ST CATHARINES ZABOR, RICK ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAPPITELLI, A ZAPPITELLI, A ZOLLER, ERIC Cheque No. Cheque Date 298863 298864 298021 298865 298866 298459 297819 298245 298867 298022 298868 298580 298869 298870 298871 297820 298247 298460 298581 298680 298582 297897 298506 298583 298681 298023 10- Jan -2006 10- Jan -2006 6- Dec -2005 10- Jan -2006 10- Jan -2006 20- Dec -2005 29- Nov -2005 13- Dec -2005 10- Jan -2006 6- Dec -2005 10- Jan -2006 28- Dec -2005 10- Jan -2006 10- Jan -2006 10- Jan -2006 29- Nov -2005 13- Dec -2005 20- Dec -2005 28- Dec -2005 3- Jan -2006 28- Dec -2005 6- Dec -2005 28- Dec -2005 28- Dec -2005 3- Jan -2006 6- Dec -2005 Purpose REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REMITTANCE GRANT GRANT MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS GRANT REFUND MATERIALS MATERIALS REFUND REFUND REFUND Page 19 of 19 Amount 2,896.91 709.85 383.20 77.23 184.59 1,790.78 117.17 183.83 449.40 27.23 27.23 1,436.62 7,500.00 7,500.00 316.25 3,739.65 390.22 494.93 106.48 4,308.50 125.00 1,156.62 2,414.33 125.00 125.00 750.00 TOTAL 20,721,249.82 The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F- 2006 -05 Finance 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 -2016 E -mail: kburden ©city.niagarafalls.on.ca January 23, 2006 Kenneth E. Burden Director Re: F- 2006 -05 Borrowing By -Law RECOMMENDATION: That the City Council approve: (i) the borrowing of up to a maximum sum of $23,000,000 for current expenditures; (ii) a Standby Letter of Credit to a maximum sum of $5,000,000 in favour of the CNCP to cover the cost of the International Rail Bridge; (iii) the borrowing of up to a maximum sum of $14,600,000 for the purposes of paying the City's share for construction of the Community Centre. BACKGROUND: Borrowing for Current Expenditures The Municipal Act makes provision for the Council to authorize the Mayor and Treasurer to borrow from time to time such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year. The City of Niagara Falls may be required to borrow, from time to time, a sum or sums not exceeding in the aggregate $23,000,000.00. These temporary borrowings are necessary to pay for obligations prior to the collection of taxes. Staff recommends Council approve the borrowing of a sum or sums not exceeding in the aggregate $23,000,000.00. This amount is the limit established originally in 1993. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 F- 2006 -05 Standby Letter of Credit On November 5, 2001, City Council approved Report F- 2001 -65 and enacted borrowing by -law No. 2001 -234 that specifically refers to the acquisition of the CNCP Railway Corridor. Staff advises that the 2006 borrowing by -law should include the Standby Letter of Credit in favour of the CNCP to cover the demolition cost of the International Rail Bridge. Borrowing for the Community Centre On January 12, 2004, City Council approved Report F- 2004 -02 and enacted borrowing by -law number 2004 -023 that specifically refers to the City's share for the construction of the Community Centre. Staff advises that the 2006 borrowing by -law should include the temporary borrowing for the Community Centre. Summary Staff has prepared the borrowing by -law and it is included in the by -law agenda. This by -law is ready for approval given the Council's approval of the recommendation in this report. Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department F- 2006 -06 Finance Division Kenneth E. Burden 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 2016 E -mail: kburden @city.niagarafalls.on.ca January 23, 2006 Re: F- 2006 -06 Approval of Spending Limits Prior to the Approval of the 2006 Budget Estimates That, in the absence of an adopted 2006 Current Budget, City Council approve the following: 1. City departments be allowed to incur costs to a level of 50% of the departmental expenditure budget of the prior year. 2. New capital items deemed essential by a department be approved by City Council prior to purchase. 3. That this policy be communicated to all Commissions, Boards and Agencies, and that City contributions not exceed a monthly pro rata share of the prior year's support. The budget schedule provides for consideration of the 2006 Budget in January 2006. Expenditures without budget appropriations should not take place without the approval of City Council. The City, however, is an ongoing entity and must, of necessity, incur costs. To allow for these expenditures, the Municipal Act 2001 (Section 317) authorizes Council to pass an interim levy by -law before the adoption of the estimates for the year. Since consideration of the 2006 budget is anticipated in January, most departments, boards and agencies should be able to operate with an interim spending approval of approximately 50% of the 2005 budget. If Council approval of the budget is not achieved by the end of January, a further report with an amended interim spending authority will be submitted. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development January 23, 2005 The purchase of items designated as new capital are to be excluded from the above proposal inasmuch as their purchase should specifically be approved by the respective Committee, Board or Agency. Such purchases prior to the adoption of the annual estimates will also require the approval of City Council. Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services 2 F 2006 06 Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2006 -01 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: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 23, 2006 Re: L- 2006 -01 Jennings Encroachment Agreement with the City 4481 Park Street, Niagara Falls Our File No.: 2005 -322 Karen I. Kelly City Solicitor That the building located at 4481 Park Street, Niagara Falls be permitted to encroach on Park Street for nominal consideration, and the Mayor and Clerk be authorized to execute the said agreement. For several years, Freda Jennings, owner of 4481 Park Street, Niagara Falls has encroached onto City property Mrs. Jennings is in the process of completing the sale of her house. As a condition of the sale, she is required to enter into an Encroachment Agreement for permission to continue the encroachment of a portion of a building onto a public highway known as Park Street. The plan attached as Appendix "1" shows, in heavy outline, the extent of the encroachment. The owner has agreed to enter into an Agreement with the City to permit the encroachment upon certain terms and conditions and for nominal consideration. The applicant will provide the necessary insurance as well as the costs of preparation of this Encroachment Agreement. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 Staff circulated the request and no objections were raised to the encroachment. Recommended by: Kar en I. Kelly City Solicitor Approved by: T. Ravenda E xecutive Director of Corporate Services 2 Respectfully submitted: rn John MacDonald Chief Administrative Officer L- 2006 -01 ts fit 11 •R z 7 SCHEDULE "C" to an Agreement dated the 27 day of November, 2005 between FREDA VICTORIA JENNINGS and THE CORPORATION OF THE CITY OF NIAGARA FALLS CRYSLER 0 AVENUE N3'Or30 "E L N 7,33 3r.66 30" w L N r 1 w °r Loa LIOT 1.W. COMM LOT t. DWI 7; m OLD W1K TY i 3 lL COOMIRLCT 4 Nook Yr r 1) LOT n o 8 K 2 LOT L I LOT g Moo W 0 0 The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: (b) Corporate Services Department L- 2006 -02 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: kkelly @city.niagarafalls.on.ca January 23, 2006 Re: L- 2006 -02 Amendment to Niagara Region Courts Intermunicipal Agreement Karen I. Kelly City Solicitor That the City enter into an Amendment to the Niagara Region Courts Intermunicipal Agreement dated April 26, 2000, and the Mayor and Clerk be authorized the execute said Amendment. On April 26, 2000, the Regional Municipality of Niagara and its twelve Area Municipal Partners agreed, among other things, to: (a) establish a Joint Board of Management to approve a program whereby local Provincial Offences Act "POA offences would be administered, supported and prosecuted; and appoint the Region as agent to undertake the court administration, support and prosecution program on behalf of all municipalities "consistent with the reporting relationships identified in Schedule A" to that Agreement, a copy of which is attached hereto as Schedule "A It has been apparent for some time that Schedule "A" does not accurately reflect the actual reporting relationships for the POA Court administration staff. On September 1, 2005, Regional Council approved an internal reorganization whereby the Manager, POA Court administration and staff would now report to the Region's Legal Services Division, rather than to the Regional Clerk. At its November 22, 2005 meeting, this reorganization was presented to the Joint Board and the Joint Board resolved that: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 L- 2006 -02 (a) the members of the Joint Board request approval from their respective Councils for this change; and (b) the change be approved. Subsequently, at its December 15, 2005 meeting, Regional Council resolved to seek the consent of all area municipalities to amend the Intermunicipal Agreement by deleting Schedule "A" and replacing same with a new Schedule "A a copy of which is attached hereto as Schedule `B Recommended by: Respectfully submitted: Karen I. Kelly City Solicitor Approved by: KIK/sm Attachments T. Ravenda Executive Director of Corporate Services ohn MacDonald Chief Administrative Officer Councils of Area Municipalities Joint Board of Management of Niagara Area Courts SCHEDULE Court Administration Manager Records Clerical •Reporters Cashiers SCHEDULE A to Niagara Region Courts Intermunicipal Agreement dated April 26, 2000 REPORTING RELATIONSHIPS Corporate Management Committee of Department Directors* REGIONAL COUNCIL I CAO Assistant Director of Legal Services Senior Prosecutor I Collections Legal Assistant(s) *At the time of this submission, the Regional Municipality of Niagara is considering further Organizational Redesign. Through this effort, reporting relationships at the senior level (as relates to POA) will be aligned to assure the continued separation of POA administration and prosecution. *Refers to collection of unpaid fines via legal process (eg. lien) Councils of Area Municipalities Joint Board of Management Niagara Area Courts Collections Clerks (3) POA Org Chart Dec 9, 2005 S SCHEDULE A REPORTING RELATIONSHIPS 4- Regional Council CAO Commissioner of Corporate Services Director, Legal Services Collections Co- ordinator (1) Supervisor, Court Administration 1 Court Administration Clerks 9 Administrative Assistant POA Prosecutor (2) (In accordance with Schedule 1, s.2.2 of the MOU *Section 2.2 of Schedule 1 to the October 30, 2000 MOU between the Province of Ontario and the RMN requires the RMN to "ensure that any of its prosecutors acting under the Transfer Agreement who are not lawyers are supervised by or report to the city solicitor or another lawyer designated for this purpose and that its reporting relationships are structured so that the prosecutors' exercise of discretion is not influenced by any person or body including...members of council...policing and other enforcement agencies; and...municipal financial officers." Court Monitors (5) December 16, 2005 OFFICE OF THE REGIONAL CHAIRMAN PETER PARTINGTON The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 685 -1571 Fax: 905 -685 -6243 E -mail: peter. partington @regional.niagara.on.ca Mayor Wayne H. Redekop, Town of Fort Erie Mayor Bob Bentley, Town of Grimsby Mayor Bill Hodgson, Town of Lincoln Mayor Ted Salci, City of Niagara Falls Lord Mayor Gary Burroughs, Town of Niagara -on- the -Lake Mayor Ronald W. Leavens, Town of Pelham Mayor Ron Bodner, City of Port Colborne Mayor Tim Rigby, City of St. Catharines Mayor Robin Brock, City of Thorold Mayor Gord Harry, Township of Wainfleet Mayor Damian Goulbourne, City of Welland Mayor Katie Trombetta, Township of West Lincoln Dear Mayors: Re: Niagara Region Courts Intermunicipal Agreement Dated April 26, 2000 By way of background, on April 26, 2000, the Regional Municipality of Niagara and its twelve Area Municipal Partners agreed, among other things, to: (a) establish a Joint Board of Management to approve a program whereby local Provincial Offences Act offences would be administered, supported and prosecuted; and (b) appoint the Region as agent to undertake the court administration, support and prosecution program on behalf of all municipalities "consistent with the reporting relationships identified in Schedule A" to that Agreement (copy enclosed). However, it has been apparent for some time that Schedule A did not accurately reflect the actual reporting relationships for the POA Court Administration staff. Furthermore, on September 1, 2005, Regional Council approved an internal reorganization whereby the Manager, POA Court Administration and staff would now report to the Region's Legal Services Division rather than to the Regional Clerk. .2 At its November 22, 2005 meeting, this reorganization was presented to the Joint Board. I'm advised that after a fulsome discussion, the Joint Board resolved that: (a) the members of the Joint Board request approval from their respective Councils for this change; and (b) the change be approved. Subsequently, at its December 15, 2005 meeting, Regional Council resolved to seek the consent of all area municipalities to amend the Intermunicipal Agreement accordingly. As a result, Regional staff have taken the liberty of drafting the enclosed Amending Agreement to the April 26, 2000 Intermunicipal Agreement. On behalf of Regional Council, I respectfully request that your Council consider the matter, approve the Amending Agreement and return the signed original to the Regional Clerk. The Region will then arrange to return a fully executed copy for your municipality's files. Thank you for your consideration. Should you or your staff wish to discuss any aspect of this request further, please do not hesitate to contact our Director of Legal Services, Michael Kyne at 905 685 -4225, ext. 3415. Yours truly Encl. Peter Partingt Regional Chairman c: Mike Trojan, Chief Administrative Officer Michael Kyne, Director of Legal Services Pam Gilroy, Regional Clerk Annette Poulin, Chair, Joint Board of Management of the Niagara Region Courts PPs207 -05 jqvl on December 16, 2005 Page 2 Joint Board of Management of Niagara Area Courts 4 Court Administration Manager Records Clerical Reporters Cashiers SCHEDULE A to Niagara Region Courts Intermunicipal Agreement dated April 26, 2000 REPORTING RELATIONSHIPS Corporate Management Committee of Department Directors* REGIONAL COUNCIL CAO Assistant Director of Legal Services Senior Prosecutor I Collections Legal Assistant(s) *At the time of this submission, the Regional Municipality of Niagara is considering further Organizational Redesign. Through this effort, reporting relationships at the senior level (as relates to POA) will be aligned to assure the continued separation of POA administration and prosecution. *Refers to collection of unpaid fines via legal process (eg. lien) NIAGARA REGION COURTS INTERMUNICIPAL AGREEMENT AMENDMENT BETWEEN: THE CORPORATION OF THE TOWN OF FORT ERIE (hereinafter called "Fort Erie and THE CORPORATION OF THE TOWN OF GRIMSBY (hereinafter called "Grimsby and THE CORPORATION OF THE TOWN OF LINCOLN (hereinafter called "Lincoln and THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called "Niagara Falls and and THE CORPORATION OF THE TOWN OF PELHAM (hereinafter called "Pelham OF THE FIRST PART OF THE SECOND PART OF THE THIRD PART OF THE FOURTH PART THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE (hereinafter called "Niagara -on- the Lake OF THE FIFTH PART OF THE SIXTH PART 3 and THE REGIONAL MUNICIPALITY OF NIAGARA (hereinafter called "the Region OF THE THIRTEENTH PART WHEREAS, by the Niagara Region Courts Intermunicipal Agreement dated April 26 2000 (the "Intermunicipal Agreement all Parties agreed, among other things, to appoint the Region as Agent to undertake the court administration, support and prosecution Program (as defined in the Intermunicipal Agreement) on behalf of all municipalities "consistent with the reporting relationships identified in Schedule A" to the Intermunicipal Agreement; AND WHEREAS Schedule A to the Intermunicipal Agreement no longer accurately reflects the actual reporting relationships; NOW THEREFORE in consideration of the promises, mutual covenants and conditions contained herein, the Parties hereto agree as follows: 1. Schedule A to the Intermunicipal Agreement is deleted in its entirety and is hereby replaced with the document entitled `Reporting Relationships" attached as Schedule A to this Amending Agreement. 2. This amendment to the Intermunicipal Agreement shall be effective as of November 22, 2005. 3. This Amending Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4. The acceptance of this Amending Agreement may be communicated by facsimile transmission reproduction between the Parties and such reproduction will be binding upon the Parties with the same effect as the executed original of the Amending Agreement. 5. In all other respects, the provisions of the Intermunicipal Agreement shall remain unchanged. 5 THE CORPORATION OF THE TOWN OF LINCOLN Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT LINCOLN, THIS DAY OF 2006. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT NIAGARA FALLS, THIS DAY OF 2006. THE CORPORATION OF THE CITY OF PORT COLBORNE Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT PORT COLBORNE, THIS DAY OF 2006. THE CORPORATION OF THE CITY OF ST. CATHARINES Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT ST. CATHARINES, THIS DAY OF 2006. 9 THE CORPORATION OF THE CITY OF WELLAND Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT WELLAND, THIS DAY OF 2006. THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT SMITHVILLE, THIS DAY OF 2006. Councils of Area Municipalities Joint Board of Management Niagara Area Courts Collections Co- ordinator (1) Collections Clerks (3) POA Org Chart Dec 9, 2005 SCHEDULE A REPORTING RELATIONSHIPS Regional Council CAO Commissioner of Corporate Services Director, Legal Services Manager, Court Services (1) Supervisor, Court Administration (1) Court Administration Clerks (9) (In accordance with Schedule 1, s.2.2 of the MOU Administrative Assistant POA Prosecutor (2) Court Monitors (5) *Section 2.2 of Schedule 1 to the October 30, 2000 MOU between the Province of Ontario and the RMN requires the RMN to "ensure that any of its prosecutors acting under the Transfer Agreement who are not lawyers are supervised by or report to the city solicitor or another lawyer designated for this purpose and that its reporting relationships are structured so that the prosecutors' exercise of discretion is not influenced by any person or body including...members of council...policing and other enforcement agencies; and...municipal financial officers." December 19, 2005 Attention: Municipal Clerks Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6 Town of Grimsby P.O. Box 159 160 Livingston Avenue Grimsby, Ontario L3M 4G3 Town of Lincoln 4800 South Service Road Beamsville, Ontario LOR 1B1 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Town of Niagara -on- the -Lake P.O. Box 100 1593 Creek Road Virgil, Ontario LOS 1 TO Town of Pelham P.O. Box 400 20 Pelham Town Square Fonthill, Ontario LOS 1E0 PROVINCIAL OFFENCES COURT ADMINISTRATION 4635 Queen Street, P.O. Box 840 Niagara Falls ON L2E 6V6 Telephone: 905 371 -8988 Toll Free: 1 866 278 8303 Fax: 905 371 9855 www.regional.niagara.on.ca City of Port Colborne 66 Charlotte Street Port Colborne, Ontario L3K 3C8 City of St. Catharines P.O. Box 3012 St. Catharines, Ontario L2R 7C2 City of Thorold P.O. Box 1044 8 Carleton Street South Thorold, Ontario L2V 4A7 Township of Wainfleet P.O. Box 40 Wainfleet, Ontario LOS IVO City of Welland 60 East Main Street Welland, Ontario L3B 3X4 Township of West Lincoln P.O. Box 400 318 Canborough Street Smithville, Ontario LOR 2A0 Dear Sir /Madam: December 16, 2005 Page 2 Re: Niagara Region Courts Intermunicipal Agreement, dated April 26, 2000 You may recall that on April 26 2000, the Regional Municipality of Niagara and its twelve Area Municipal Partners agreed, among other things, to: (a) establish a Joint Board of Management to approve a program whereby local Provincial Offences Act offences would be administered, supported and prosecuted; and (b) appoint the Region as agent to undertake the court administration, court support and prosecution of offences on behalf of all municipalities "consistent with the reporting relationships identified in Schedule A" to the Intermunicipal Agreement. However, it has been apparent for some time that Schedule A did not accurately reflect the reporting relationships for the POA Court Administration staff. Furthermore, on September 1, 2005, Regional Council approved an internal reorganization whereby the Manager, POA Court Administration and staff would now report to the Region's Legal Services Division rather than to the Regional Clerk. At its November 22, 2005 meeting, this reorganization was explained to the Joint Board. After a fulsome discussion, the Joint Board resolved that: (a) the members of the POA Board request approval of their respective Councils for the change in the reporting re- alignment from the original Memorandum of Understanding to the current recommendation; and (b) the proposed amendment in reporting re- alignment of the POA Manager and staff from the Regional Clerk to the Director of Legal Services, be approved; and (c) the Manager, Court Services, be directed to provide a letter to the Area Municipal partners requesting approval of the said amendment. Subsequently, at its December 15, 2005 meeting, Regional Council resolved to seek the consent of all area municipalities to amend the Intermunicipal Agreement accordingly. Accordingly, I write this letter on behalf of the Joint Board of Management seeking your municipality's agreement to this amendment. I understand that an Amending Agreement reflecting this change has been prepared by Regional staff and will be forthcoming shortly. December 16, 2005 Page 3 Thank you for your consideration. Should you wish to discuss any aspect of this request further, please don't hesitate to contact me. Yours truly, Bill Bernard Manager, Court Services c.c. Annette Poulin, Chair, Joint Board of Management Members, Joint Board of Management Niagara Falls I The City of Canada Corporate Services Department L- 2006 -03 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: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: For the information and direction of Council. BACKGROUND: January 23, 2006 Re: L- 2006 -03 Request for Clarification of Comments made by Ms. Italia M. Gilberti regarding the Architectural Peer Review and the Tourism Policy Review Implementation Status Our File No. 2005 -292A Karen 1. Kelly City Solicitor On September 19, 2005, Council directed Staff to send a letter to Ms. Gilberti requesting clarification in regards to the comments she made in her correspondence regarding Michael Kirkland (dated September 9, 2005 and September 16, 2005), a copy of which is attached hereto as Schedule "A Staff reviewed that correspondence and prepared a letter to Ms. Gilberti dated December 9, 2005, a copy of which is attached hereto as Schedule `B which identified the comments that Council had directed be clarified by Ms. Gilberti. Ms. Gilberti replied to that correspondence on December 19, 2005, indicating that she did not propose to put any further details with respect to this matter in writing, but would be prepared to attend an In- Camera Council Meeting with a limited number of Senior Staff present, to discuss this matter further, a copy of which is attached hereto as Schedule "C Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 L- 2006 -03 In- Camera sessions of Council are governed by s. 239(2) and (3) of the Municipal Act, and are intended as closed meetings of Council to consider matters that are: (1) related to security of the property; (2) personal, about identifiable individuals or employees; (3) deal with the acquisition or disposition of lands; (4) labour relations or employee negotiations; (5) litigation or potential litigation; (6) advice subject to solicitor client privilege; or (7) consideration of requests under the Municipal Freedom of Information and Protection of Privacy Act. Having been dealt with previously in open Council, it is appropriate for the within matter to continue to be dealt with in open Council unless new information shows it to now fall within one of the above categories, none of which has, to date, been provided by Ms. Gilberti. Recommended by: aren I. Kelly City Solicitor Approved by: KIK/sm Attachments /T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer -5- September 19, 2005 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council approve Option 2, along Carolyn Avenue and Dawson Street, of Phase 5 of the Millennium Trail between Dorchester Road and Drummond Road and that this phase be referred to the 2006 Capital Construction Budget. Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Ted Salci SCHEDULE" NAY AYE AYE AYE AYE PLANNING MATTERS Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing NAY AYE AYE AYE Motion carried PD- 2005 -40- Chief Administrative Officer Proposed Official Plan Amendment No. 62 Section 37 Public Benefit Exchange for Increased Height and Density PD- 2005 -60 Chief Administrative Officer Tourism Policy Review Update on Implementation Status ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco to have a letter sent to Ms. Italia Gilberti requesting further clarification in regards to comments she made in her correspondence regarding Mr. George Kirkland. Carried U nanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio to defer PD- 2005 -40 and PD- 2005 -60. Carried Unanimously PD- 2005 -70 Chief Administrative Officer Request for Removal of Part Lot Control, Lots 8, 9 and 10, Part of Block 99 and Part of Closed Portion of Domenic Crescent Registered Plan 59M -92, Calaguiro Estates (Phase 2) Applicant: Kybala Ventures Inc. The report recommends that Council approve the request and pass the by -law included in tonight's agenda to designate Lots 8, 9 and 10, part of Block 99 and part of the closed portion of Domenic Crescent, Registered Plan 59M -92, as exempt from Part Lot Control; and the applicant be required to not ify the City when the separate deeds have been registered. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the report be approved as recommended. Carried Unanimously PD- 2005 -71 Chief Administrative Officer- Matters Arising from the Municipal Heritage Committee Meeting- August 24, 2005. The report recommends that City Council approve a designated property grant for The C' of Niagara Falls I Canada Broderick Partners Barristers and Solicitors 4625 Ontario Avenue P.O. Box 897 Niagara Falls, Ontario L2E 6V6 Corporate Services DepartmeS C H E D U LE Attention: Ms. Italia M. Gilberti Dear Ms. Gilberti: 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: kkelly @city.niagarafalls.on.ca December 9, 2005 Karen I. Kelly City Solicitor Re: Conunents Respecting Architectural Peer Review and the Tourism Policy Review Implementation Status This is in response to your letters of September 9, 2005 and September 16, 2005 and specifically Council's direction of September 19, 2005 for City Staff to send a letter to you requesting clarification regarding certain comments contained in those letters. In that regard, City Staff have now had an opportunity to review your letters in detail and I would request that you provide clarification with respect to the following statements set out in your September 9, 2005 letter: 1. at Page 9 of your letter, you state: "The private remarks made by Mr. Michael Kirkland, the current Architectural Peer Review Chair, to a member of City Council, after the panel concluded its final written report, on a recent high -rise application may be interpreted as lobbying to reject an application. This form of behaviour, by the Panel Chair, in the least appears to constitute a breach of the objective mandate of the Panel. If the mandate is to provide assessment, advice and assistance to City Staff and City Council, the panellists must refrain from lobbying the members of City Council with respect to its opinions. The objectivity of this commenting body is not maintained and the process appears to be tainted if panellists begin to make contact with City Council members and lobby them to approve or reject an application." (the emphasis was yours) Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Broderick Partners 2 December 9, 2005 at page 10 of your letter, you further state: "It is our opinion that Mr. Kirkland, who appears that he cannot be impartial as he attempted to lobby a Council member on an application, should be permanently removed from the pool of panel members." Your above statements infer that the current Architectural Peer Review Chair, Mr. Michael Kirkland has engaged in behaviour that constituted a breach of the objective mandate of the Panel, that he did so by way of an act of lobbying, that this showed an impartiality on his part, all of which you state resulted in a tainting of the Architectural Peer Review process. As I am sure you can appreciate, such allegations are taken quite seriously by both City Staff and City Council. Additionally, your allegations themself are challenging to understand, as your first statement (at page 9) suggests that what was said by Mr. Kirkland was "private remarks made...to a member of City Council, after the panel concluded its final written report... (the emphasis is mine) Based on the seriousness of these allegations and the lack of clarity in your own statement as to the circumstances of those allegations, I would request that you please provide me with the particulars of the incident you refer to, the basis for your concluding that lobbying was engaged in by Mr. Kirkland and the basis for your alleging that there has been a breach of the Panel's objectivity. 2. at page 11 of your letter, you state: "(c) In order to avoid the appearance of a conflict of interest (and possibly the appearance of an impropriety), all panel members must be excluded from bidding on and carrying out work on developments and projects in the tourist areas of Niagara Falls. If a panel member is involved in any tourist development application and sits on the panel for any other application, one may question the objectivity of such panel member. Therefore, even the appearance of a conflict of interest must be avoided at all times. This section must be reworded to reflect same. The mandate of the panel is of utmost importance and the independent and objective review of any application must be provided by panel members that have no pecuniary interest in any competing tourist developments." (the emphasis was yours) and at pages 16 and 17 of your letter, also dealing with the topic of a conflict of interest, you state: "Most importantly, even the appearance of a conflict of interest of the panel members must always be avoided. Panel members should not be permitted to bid on or be involved in current or future tourist area applications. One could possibly argue that the objectivity of the panel has been compromised if a panel member is currently working with, or intends or hopes to work with a competing proponent. There is no need for this situation to ever arise again. (the emphasis is mine) If a panel member agrees to act as such, this panel member should not have any contact with City Staff or City Council members, in an attempt to persuade, influence or lobby these parties into accepting or rejecting an opinion or approval. There is absolutely no need for such contact, and any such contact should be construed as Broderick Partners 3 December 9, 2005 inappropriate. Once the final report is concluded and submitted, the panel members should not have any further involvement with an application, unless the applicant requests same. Obviously there is no need for a panel member to attend a City Council meeting, unless a member of City Council requests same. However, the applicant, should not be obligated to pay for such costs." Your above statements infer that there has been a recent incident of conflict of interest on the part of a member of the current Architectural Peer Review Panel, although you provide no factual reference or basis for coming to such a conclusion. I am sure you can appreciate, that as with the first matter that I set out above, an allegation of a conflict of interest on the part of a panel member is also taken quite seriously by both City Staff and City Council. I would request that you please provide me with the particulars of the conflict of interest that you are referring to and the basis for your concluding that such a conflict of interest occurred. Further, I would request your rationale for concluding that a panel member who intends or hopes to work or be involved in a future tourist area application would have a conflict of interest with a current application before them and for how long into the future you would conclude that such a conflict would exist. 3. at page 17 of your letter, you state: "We have also experienced situations where the personal opinion of the individual panel members for an applicant or its proposal have been voiced. There is no need or reason for these types of comments. Ifa panel member dislikes the personality or character of any of the applicant's principals, then the panel member should keep that opinion to him/herself Again, the impartiality of the panel member is in question and the integrity of the process is jeopardized. Panel members should not agree to participate if they cannot act in an objective manner. Personal prejudices and prejudgements must be set aside!" Your above statement infers that there is a requirement that the Architectural Peer Review Panel be completely impartial in its decision making and further that there have been situations where individual panel members have displayed personal prejudice against an applicant or have prejudged an application such that you have concluded that they have been in breach of such an impartiality requirement. I would request that you please provide me with the particulars of the requirements that you are suggesting have been breached as well as the particulars of your allegations of breaches. I look forward to hearing back from you regarding all the particulars set out above, at your earliest convenience. Once I have received those particulars and have had an opportunity to review and investigate them, I expect that I would be preparing a Report to Council in response to their direction of September 19, 2005. Broderick Partners I am advised that separate from my request for particulars the Planning Department will be responding to the your comments on the Guidelines themselves as were also contained in your letters and I expect that those comments will follow shortly. KIK/sm c: John MacDonald Chief Administrative Officer Council Tony Ravenda Executive Director of Corporate Services I/ Doug Darbyson Director of Planning Development 4 December 9, 2005 Yours truly, Ki£i en I. Kelly City Solicitor 19— Dec -2005 03:33pm BARRISTERS SOLICITORS 4625 ONTARIO HEM FORT OFFICE HOT 897 NIAOAIA FALLS, ONTARIO CANADA LEE BYO TEL (905) 366-3621 FAX (8O 358.6904 .1.1. BRODERICK, QC., L.M. W.A. AMADIO J 9- NOPRIN9 G.A. KIRKHAM LM. Maalt t R. 8. MINI M. DIBIROLAMO H.F. MARINELLI (1946 -1907) (1945 -1997) From Broderick Partners December 19, 2005 City of Niagara Falls Legal Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 SCHEDULE "C Attention: Karen Kelly, City Solicitor Dear Ms. Kelly: Re: Comments Respecting Architectural Peer Review and the Tourism Policy Review Implementation Status We acknowledge receipt of your letter dated December 9, 2005, received by our offices on December 14, 2005. Given that Alderman Vince Kerrio explained on September 19, 2005, that a telephone discussion occurred between Mr. Kirkland and himself, we do not propose to put any further details with respect to this matter in writing at this time. However, we would be pleased to attend a mutually convenient Committee of the Whole meeting date, to discuss this matter in Committee, with only yourself, Mayor Salci, City Council, Mr. MacDonald, Mr. Ravenda, and Mr. Darbyson in attendance, if City Council wishes to further discuss this matter. We shall await your reply. Yours very truly, BR OK cc. Mr. John MacDonald Chief Administrative Officer Members of City Council via email through Mr. Dean Iorfida Mr. Tony Ravenda Executive Director of Corporate Services Mr. Doug Darbyson Director of Planning Development CEBTirlkn UT THE LAK* iorflTY AS At SPECIALIST IN CIVIL, I.ITICATIUN. t FLUIiNT IN III)TII ITALIAN AND CRENCII I..tNGt1ACUD. 905 356 6904 T -903 P.002/002 F -888 The City of Niagara Falls I Canada Members: RECOMMENDATION: It is recommended that Council: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 23, 2006 Re: PD- 2006 -01, Zoning By -law Amendment Application AM- 11/2005, 4554 and 4564 Montrose Road Applicant: Altieri Building Supplies Limited Agent: Raimondo Associates Architects Inc. Provision of Landscaping Within the Front and Exterior Yards Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development PD- 2006 -01 Doug Darbyson Director 1) approve the landscaping standards for the subject land outlined in this report; and 2) pass the by -law included in tonight's agenda to implement the requested Zoning By -law amendment and the above noted recommendation. On May 30, 2005, Council approved, in principle, a zoning amendment by Altieri Building Supplies Limited and Nicola Altieri to link or "marry" 4554 and 4564 Montrose Road into one parcel for the purpose of providing required parking for the development of the properties. Staff recommended approval of the application subject to a minimum of 66% of the front yard (Montrose Road) and a minimum of 33% of the required side yard (Industrial Street) being landscaped. The applicant's agent requested that the provisions of landscaping be worked out at the site plan process. The applicant's request was granted, subject to final Council approval. Staff has negotiated the provision of landscaping with the applicant and his agent, resulting in the following improvements: January 23, 2006 2 PD- 2006 -01 A 3 metre (10 foot) wide landscape strip is to be provided in the rear yard, along Industrial Street. The site plan cannot be approved without zoning relief. As such, reduced landscaping standards need to be implemented through the amending zoning by -law. The agreed upon standards will result in a modest increase in landscaping along street frontages without interfering with any access or loading facilities. Schedule 1 shows where the landscaping will be provided. The applicant has concurred with these proposed standards. The details of the landscaping will be secured by the site plan agreement. CONCLUSION: Passage of the amending zoning by -law on tonight's agenda will permit the merging of the two parcels for parking purposes as requested by the applicant and will provide for a modest improvement in landscaping along Industrial Street. Prepared by: Andrew Bryce Planner 2 Recommended by: Alex Herlovitch Deputy Director of Planning Development Approved by: 60% of the required front yard is to be landscaped. 24% of the required exterior side yard is to be landscaped. T. Ravenda Executive Director of Corporate Services AB:gr Attach. S:\PDR\2006\PD2006 -01, AM -11 -05, Altieri 4554 4564 Montrose.wpd espectfully submiUed: John MacDonald Chief Administrative Officer MONTROSE ROAD SCHEDULE 1 The City of Niagara Falls I Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that Council: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca January 23, 2006 PD- 2006 -02 Doug Darbyson Director Re: PD- 2006 -02, Official Plan and Zoning By -Law Amendment Application AM- 06/2005, 3965 Oliver Street Applicant: Ralph Terrio Agent: Wayne Thomson Expansion of a Dwelling Located Within an Environmental Protection Area Designation and Within a Hazard Land Zone 1) pass the amending by -law on tonight's agenda to permit a single detached dwelling on the land, pursuant to Council's earlier approval of this application; and 2) determine by resolution that the shifting of the proposed dwelling is a minor change and does not require further public notice to be given. On October 3, 2005, Council approved, in principle, an Official Plan and Zoning By -law amendment application to permit a one storey, 78 square metre (840 square feet) single detached dwelling to be constructed on lands known as 3965 Oliver Street. The land is leased to the applicant by the City for a 40 -year term. Both the Official Plan and the Zoning By -law needed to be amended as the siting of the dwelling on the land was within the Environmental Protection Area designation and within the Hazard Land zone, neither of which permit dwellings. The original request is shown on Schedule 1. The Niagara Peninsula Conservation Authority indicated they would not be able to issue any building permits for the proposed dwelling because it was in the floodplain. As a result, the applicant decided to revise his proposal to locate the proposed dwelling out of the floodplain. Schedule 2 shows the revised siting of the dwelling. The existing boathouse is intended to be demolished and replaced with a reconstructed dock. The Regional Municipality of Niagara and Niagara Peninsula Conversation Authority rescinded their earlier objections to this application based on this revised siting and are satisfied with the results of the Environmental Impact Statement submitted by the applicant's consultant which states that there should Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 PD- 2006 -02 not be any adverse impacts by the revised location of the dwelling. Because the dwelling is no longer proposed on environmentally sensitive lands along Welland River, but rather on residentially designated lands next to Bridgewater Street, an Official Plan Amendment is no longer required. The Planning Act gives Council the authority to make a determination if a further public meeting is needed for changes to a proposal or a proposed by -law. The new siting of the dwelling is a significant improvement over the location connected to the boathouse. The dwelling will be located out of the floodplain. Council can, by adopting a resolution, determine that the location changes are minor and that no further public notice is necessary. The amending by -law, on tonight's agenda for Council's consideration, site specifically amends the HL zone to allow this dwelling subject to the appropriate setbacks from the floodplain and the street. An amendment to the lease agreement will be required and will be brought to Council for approval at a later date. This amendment will contain controls to ensure the mitigation measures as recommended in the above noted Environmental Impact Statement are implemented. In addition, to ensure compliance with the proposed by -law amendment, the agreement should require demolition of the boathouse. This lease agreement amendment is similar to the procedure followed for the Council approval of the riverside cottage expansion at 4145 Main Street (opposite Sodom Road) being undertaken by John and Peggy Erwin. CONCLUSION: The revised amending by -law on tonight's agenda will site specifically amend the HL zone to permit a dwelling on the subject land. Staff believes the new siting meets Council's earlier intent of permitting a small dwelling on these lands. It is recommended that Council pass the amending by -law to implement their earlier decision. Prepared by: Andrew Bryce Planner 2 Recommended by: x7e Alex Herlovitch Deputy Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AB:gr Attach. S:\PDR\2006\PD2006 -02, AM -06 -2005, Ralph Terrio, 3965 Oliver.wpd Respectfully submitted: hn MacDonald hief Administrative Officer LOT 51 1 1 SCHEDULE 1 WELLAND RIVER ONUS STOREY RESIDENCE Mb IN 1110 11•1 l7 40 WI IVA 1 i 1 I 1 1 I 1 N 43'40'50'E 500 SITE PLAN SCALE: Ile r•r BRIDGEWATER STREET LOT 50 A'ELj.AND 1- 0 PLAN -H If) O as rD Z 1 1 N43'40'50'E SCHEDULE 2 dock 715 m (569.27 DC1571tIG ELE194110N RIVER water's edge April 5, 2002. 1 17.75' 50.2't PART 1 59R -11790 42.0 BUILDING ENVELOPE 42.0' 17.4' 1 50.0' l 0 M t 2 BRIDGEWATER STREET APPROXIMATE LOCATION OF 171.75m (563.5,t) MAXIMUM ALLOWABLE fL000 CONTOUR BY ONTARIO HYDRO (INTERPOLATED FROM OBM 1 to 2000 PHOTOGRAMME1RIC MAPPING) 257 IMPERIAL NOTE DISTANCES /ELEVATIONS SHOWN ON THIS PLAN ARE IN FEET AND CAN BE CONVERTED TO METRES BY MULTIPLYING BY 0.3048 10' o' 20' 40' 60' OTT 1 =20 No. Moved by Alderman Seconded by Alderman RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O.'1990, that the change to the proposed zoning by -law for application AM- 06/2005 (Ralph Terrio) regarding a proposed dwelling at 3965 Oliver Street is minor in nature and does not require any further notice. AND The Seal of the Corporation be hereto affixed. D. IORFIDA CITY CLERK R. T. (TED) SALCI MAYOR Niagara Region PLANNING AND DEVELOPMENT January 13, 2006 File: D.10.M.11.23 Mr. Andrew Bryce Planner 11 City of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Revised Zoning Application Proposed Dwelling Near Welland River Bridgewater St, opposite Oliver St. City of Niagara Falls Your File: AM -08/2005 \J, 4S8 Regional Planning staff, in our previous letter dated November 18, 2005, stated that we supported the relocation of the proposed dwelling to a site outside the floodplain subject to a surveyed flood line and an updated EIS. We have received and reviewed a survey showing the relocated building envelope in relation to the OPG regulated water level plus an addendum to the EIS. We consider both documents to be acceptable and have no objection to the adoption of a zoning amendment based on this information. The EIS addendum recommends the installation of limit-of-work fencing and sediment control measures during construction. The City should ensure that these measures are implemented. Yours truly, 1/1/faZ- David J. Farley Director of Planning Services c: Mr. Paul Bond, Niagara Peninsula Conservation Authority, Welland, ON Mr. W. Stevens, Regional Public Works tw/Reviaed ZA- Bridgewater St -NF Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 906 -984 -3630 Fax: 905- 641 -5208 E -mail: plan ©regional.niagara.on.ca RECEIVED JAN 13 2006 PI ANNING DEVELOPMENT Niagara Falls I The City of Canada Members: BACKGROUND: Planning Comments Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 23, 2006 Re: PD- 2006 -03, Regional Draft Forest Conservation By -law Review and Request for Delegation of Authority RECOMMENDATION: It is recommended that: PD- 2006 -03 Doug Darbyson Director 1) Council delegate its powers as per the Municipal Act, s. 135(10) to regulate woodlands that area greater than 0.2 hectares (0.5 acres) and up to 1 hectare (2.5 acres) in size on private lands in Niagara Falls to the Niagara Region; 2) a delegation by -law be brought forward to a subsequent Council meeting following final approval of the Region's Forest Conservation By -law; and 3) a copy of this report and the attached comments be forwarded to the Niagara Region for consideration in the preparation of a final Forest Conservation By -law. In October 2005, City Council supported, in principle, the delegation of authority from the City to the Region to pass a by -law respecting the destruction or injuring of trees in woodlands less than 1 hectare in size in Niagara Falls provisional upon a review of the Region's Forest Conservation By -law. In late 2005, Regional Council adopted the recommendations of Regional Report DPD 136-2005 regarding the Regional Draft Forest Conservation By -law. The draft by -law was circulated to local municipalities for review and comment particularly as it relates to woodlands under 1 hectare. The purpose of this report is to provide a review and comments on the Region's Draft Forest Conservation By -law. A Brief History of Tree/Woodland Conservation The existing Regional Tree Conservation By -law 8541 -96, passed under the Forestry Act, regulated tree cutting in woodlots greater than 0.8 hectares (2 acres) in rural areas and 0.2 hectares (0.5 acres) within urban areas, including Niagara Falls. Tree Cutting authority was transferred to the new Municipal Act in 2003. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 PD- 2006 -03 The Region is in the process of finalizing a new Forest Conservation By -law encompassing the additional protection measures included under the Municipal Act. The Municipal Act states that Regional by -laws cannot apply to woodlots less than 1 hectare in size unless specifically delegated the authority by lower tier municipalities. Council previously adopted the recommendations of Report PD- 2005 -73 which supported the delegating of authority to regulate woodlands less than 1 hectare in size to the Niagara Region pending review of the Region's Forest Conservation By -law. Highlights of the Regional Forest Conservation By-law The following is a brief overview of the Draft Forest Conservation By -law: The by -law applies to woodlands greater than 1 hectare in size across the Region and to those woodlands between 0.2 hectares and 1 hectare where authority has been delegated by the local municipality. Tree cutting, subject to certain requirements, may occur if: Good Forestry Practices are used; prescribed circumference /diameters limits are met; a Regional exemption is obtained; clearing is done for agricultural use outside of natural areas; or a limited number of trees are cut for personal use. Automatic exemptions to the by -law include: works undertaken by local governments (or provincial/federal governments or their agencies) including any works on a public road allowance; trees that part of a tree savings plan through consent, a plan of subdivision, site plan control or development agreement; trees required to be removed to erect any building, including any required side, front and rear yards, where a building permit has been issued (up to 15 metres from the outer edge of the building structure); trees required to be removed in order to install provide utilities, private waste disposal or to install, provide and maintain a single lane driveway where a building permit has been issued; trees to be removed for the construction of drainage works; and trees to be removed for surveying purposes, pits or quarries, licensed waste disposal sites; or are in a hazardous condition. Woodland owners can apply for an exemption from the permit to cut process from Regional Council subject to notice criteria. Permits will be required where no exemptions exist, and if granted, may contain conditions (manner and timing of cutting, species, size, mitigation, etc.). Applicants may appeal the permit decision to the Ontario Municipal Board. January 23, 2006 3 PD- 2006 -03 A Notice to Discontinue Activity can be issued where cutting has been done in contravention and if appealed the final decision is made by Regional Council. A Forest Conservation By -law Advisory Committee will be appointed by Regional Council and will include one non elected representative from each municipality; one regional staff; one representative of each Federation of Agriculture; two non elected representatives of Ecological and Environmental Advisory Committee; and one representative from the Niagara Woodlot Association. The Advisory Committee will deal with exemptions; permit renewals, and reports on administration and enforcement. Fines for contravention are: Enforcement will be done at the Regional level. An Officer will be appointed by Regional Council. The cost of enforcing the by -law remains with the Region. Comments Suggestions Planning staff circulated a copy of the by -law to other divisions for their review and comment. No objections to the contents of the by -law were received. Staff comments are listed on Appendix 1. Council's previous position to delegate authority to the Niagara Region for woodlands between 0.2 hectares and 1 hectare in size continues to be supported subject to the attached comments. It is suggested the Region keep the City informed of the individual permit applications as part of the Region's review process. This provision maybe included within the delegation by -law or any subsequent agreement between the City and the Region regarding the implementation of the by -law. CONCLUSION: It is the intent of the Region to forward the by -law to Regional Council for approval in January or February 2006. Once final approval of the Region's Forest Conservation By -law by Regional Council is issued, staff will bring the delegation by -law to Council to be passed. Prepared by: tit- Francesca Berardi Planner 2 Recommended by: not more than $10,000 or $1,000 /tree for the first conviction; not more than $25,000 or $2,500 /tree for subsequent convictions; work without a permit may result in a requirement to rehabilitate the land or replant trees. ug Darbyson 'rector of Planning Development FB:gd Attach. S:\PDR\2006\PD2006 -03, Regional Draft Forest Conservation Bylaw.wpd Approved by: T. Ravend Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer January 23, 2006 4 PD- 2006 -03 APPENDIX 1 The following is a compilation of Staff comments on the Region's Draft Forest Conservation By -law: Consider the addition of a definition for a `Certified Tree Marker'. The term `certified tree marker' is used in the General Prohibitions Section 2.c which states that trees to be injured or destroyed are to be marked by a certified tree marker. A separate definition or a reference to the "tree marker" under definition contained under number 34 (`tree marker') would provide clarity to the reader of the by -law. The Definition of "Woodland" Consideration should be given to amending the definition of `woodland' or `woodlands' to remove the minimum area requirement of 1 hectare. The inclusion of the minimum area would appear to conflict with Section 2.ii Application of the By -law, which applies the definition to woodlands less than 1 hectare in area. Sensitive Natural Area Definition and the Prohibition of Cutting Tree cutting is prohibited in sensitive natural areas which are described as lands that are in a woodland and, among other things, are identified as containing a species or habitat that is considered vulnerable, threatened or endangered under the Endangered Species Act of Ontario. In the recently approved Regional Amendment #187, the definitions of threatened and endangered species include those on the national list compiled by COSEWIC. If possible, use of the same reference lists for threatened and endangered species for these two Regional documents should be applied. The Niagara Peninsula Conservation Authority (NPCA) has recently draft new mapping under its Generic Regulations which includes wetlands as defined by the Conservation Act. The inclusion of these wetlands within the Sensitive Natural Area should be explored with the NPCA. Part 3 of Section 3 General Prohibitions, of the Draft By -law does not permit the injuring or destruction of a tree in a woodland unless it is done under the provisions of a Forest Management Plan. The definition of a Sensitive Natural Area includes those lands designated under the Regional Policy Plan as Environment Protection Area. It is a requirement of the Region's recent Environmental policies that an Environmental Impact Study (EIS) be completed prior to redesignation or development. As such, a Forest Management Plan may be a duplication of information prepared for the required EIS and may not be necessary. In order to protect areas identified through local documents, it is requested that consideration be given to including the following as a bullet point to the definition of a sensitive natural area: have been identified in the local Official Plan of being of sufficient natural heritage significance to require an Environmental Impact Study prior to redesignation or development January 23, 2006 5 PD- 2006 -03 Special Agricultural Exemption for Farmers In allowing an exemption from a Forest Management Plan for farmers, the possible impact on drainage into the remaining portion of the woodlands or natural heritage system may not be able to be determined. Where removal of a portion of a woodland is allowed without a permit and such removal results in a decrease of the woodland area total to below 1 hectare, will this result in a loss of status, and thus protection, for the remainder of the woodland? This should be clarified within the by -law. Forest Conservation By -law Advisory Committee Consideration should be given to include a representative from the development community onto the Forest Conservation By -law Advisory Committee. Most often, larger conflicts arise when dealing with woodland removal inside of urban boundaries. Since one of the mandates of the Advisory Committee is to distribute public information, a member of the development community may be of great assistance to relating the information to that sector of the public. Schedule A Species Protected Under the Endangered Species Act The Butternut Tree has been given an endangered status by COSEWIC. If COSEWIC standards are to be used (as in the Region's Draft Environmental policies) this tree can also be listed. It is suggested that a note be added to this section advising of the rare and sensitive trees that could become endangered if they are not protected such as: Cucumber Tree, Pawpaw Tree, Sassafras Tree, American Chestnut, etc. The City of Niagara Falls I Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario 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 325, 326, 327 328, Registered Plan 40, described as Parts 1 to 5 (inclusive), Reference Plan 59R- 12855, 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 1, Reference Plan 59R- 12855 for storm sewer maintenance. BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca January 23, 2006 Re: PD- 2006 -05, Request for Removal of Part Lot Control Portions of Lots 325, 326, 327 328, Registered Plan 40 6248 6266 Ash Street Owner: Mountainview Homes PD- 2006 -05 Doug Darbyson Director In a letter dated December 8, 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 four existing on- street townhouses on the subject land was initiated in September 2005 and separate connections for water service, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plan 59R -12855 (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 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 PD- 2006 -05 development satisfies 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 apartment units have been created in the renovated union hall building. A Part Lot Control By -law was passed in February 2005 to allow the division of on- street townhouses constructed to the west. Additional on- street townhouses will be built on the land to the southwest on Murray Street and a further request to remove Part Lot Control will be required prior to the sale of the future units. The overall development needed a rear yard catch basin and storm sewer to service the land. Part 1 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 easement over a strip of land abutting to the west (Part 5, 59R- 12654) covering the balance of the storm sewer was obtained through the earlier Part Lot Control approval and registration process. 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: 4 4- Livic,„VoL 6 4 /3(6ug Darbyson Director of Planning Development Approved by: RW:gd Attach. T. Ravenda j Executive Dir ctor of Corporate Services S:\PDR\2006\PD2006 -05, Request for Removal of Part Lot Control, Mountainview Homes.wpd espectfully submitted: John MacDonald Chief Administrative Officer December 8, 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 Ash Street Townhouses Please accept our application to have Part Lot Control removed for parts of lots 325, 326, 327, and 328, Registered Plan 40, described as Parts 1 to 5 inclusive on the enclosed Registered Reference Plan 59R- 12855. The townhouses which have been erected on the aforementioned lands are in accordance with the applicable zoning, and it is our intent to subdivide the block so that the lands may be deeded to individual unit purchasers. Further to our earlier agreement, Part 1 on 59R -12855 represents the other half of the easement required in order to properly maintain the storm sewer catch basin and lateral in that location. Accordingly, please request Councils authorization to enter into the necessary agreements required to create the easement. Enclosed you will find a copy of the 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. Respectfully, www.mountainview.com RECEIVED DEC 0 8 2005 PLANNING DEVELOPMENT 3350 Merrittvilie Highway, Unit #9, Thorold. ON L2V 4Y6 Tel: 905- 688 -3100 Fax: 905- 688 -5524 E-mail: homesCamountainview.com Removal of Part Lot Control SCHEDULE 1 Portions of Lots 325, 326, 327 328, Registered Plan 40 6248 -6266 Ash Street Subject Land K: \GIS_Requests\ 2006\ Schedules \PLC\6428- 6266_Ash.map Location Map N Scale 1:NTS January 2006 I E3 5 0 c u eg it t C E. 3 Et 4 t F w W 0 1— w x f a •0 3 L) 210 N1 210 Cr 0- mro 2110 2110 IUMV T.. AMR, ATM $4931-3160 NVld 11FNd T.. u.w 1 1 laud 3 E .0 N .o0 K M WI 400701) k t]lfl 40901 i60 NVld 0 111Vd 3 x .o N SCHEDULE 2 1 O O N J M 0 i W N a W z W o o zW iti U W 4 0 oc 4 �Ra W Op W F J r clt 5: Q W u t u J J 61 w Z ti O Niagara Falls I The City of Canada i Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: January 23, 2006 Re: PD- 2006 -06, Request for Extension to Draft Plan Approval Warren Woods Draft Plan of Subdivision Municipal File: 26T -96001 (Revised) Owner: Warren Woods Land Corporation 617567 NB Inc. PD- 2006 -06 Doug Darbyson Director It is recommended that Council support a one -year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within three years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. Planning Review The developer's agent has submitted a request for a one -year extension to draft approval of the Warren Woods Plan of Subdivision (see attached letter and location map Schedule 1). Original draft approval for the plan was received from the Region on October 23, 1998. Previous requests have been granted by Council to extend draft plan approval for the subdivision. In addition, a temporary extension was granted by staff as the anniversary of the formal approval date has passed and to allow a review of the request. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 23, 2006 2 PD- 2006 -06 This subdivision contains over 600 housing units in four development phases extending between Kalar Road and Garner Road. The plan provides a compact form of housing with a mix of single detached dwellings, on- street townhouses and apartment units. The subdivision conforms to the City's Official Plan and Gamer Neighbourhood Secondary Plan. Phase 1 (Kalar Road frontage) has detailed conditions of subdivision approval and is zoned appropriately. Future phases are subject to additional review, various environment studies and rezoning. The developer advises that they have purchased additional land to the south for a proposed large scale mixed -use project that would incorporate the subject land. An amendment to the City's Official Plan is required for the development and an application has been submitted. The owner wishes to maintain the existing subdivision approval at this time pending the review of the proposed Official Plan amendment and development on their overall land holdings. Municipal and Regional staff have no objection to the requested extension of draft plan approval. CONCLUSION: Based on this review, a further one -year extension (until October 23, 2006) to draft plan approval can be supported. There is no Public Notice sign for the subdivision on the property. Council's support for the extension should be conditional on subdivision signs being posted and maintained on the Kalar Road and Gamer Road frontages for public information purposes. This condition can be cleared through the submission of photographs to the City showing the required signs. Prepared by: Richard Wilson Planner 2 Recommended by: kyid,A,V.s Q Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. 74dret_t__, S:\PDR\2006\PD2006 -06, 26T- 960001 Rev., Warren Woods.wpd Respectfully submitted: John MacDonald Chief Administrative Officer B ORDEAU X DEVELOPMENTS October 13, 2005 The City of Niagara Falls Planning and Development 4310 Queen Street P.O. Box 1023 Niagara Falls, On. L2E 6X5 Attn: Mr. Richard Wilson Re: Warren Woods Draft Plan of Subdivision Extension to Draft Plan Approval, File No. 26T -96001 (Revised) Dear Richard: We are the Managers for the above noted development project. On November 22, 2004, we were advised that the above noted Draft Plan Approval would lapse by October 23, 2005 unless a further extension is requested. Since the original Draft Plan Approval the land owners have acquired a further 200 hundred acres of land immediately to the south of the subject property. The owner's vision for the entire land holding is for a master planned, integrated lifestyle community with a full range of housing forms based on the principles of "Smart Growth." We believe this vision offers an opportunity to protect and enhance significant natural features on the site and that the conversion from industrial to residential on part of the lands is a logical expansion of the existing planned urban residential community to the north. On Oct. 11, 2005 The Planning Partnership submitted on our behalf; a draft planning justification report to address the implications of converting part of the industrial lands to residential land use. This draft justification report will be reviewed by staff and followed by an Official Plan Amendment application in the near future to amend the land use designation on the southerly 200 acres. The outcome of this application will affect the planning for the subject approved plan. Therefore we are not pursuing further refinement of the approved Draft Plan until we have received comments from the City of Niagara Falls and the Regional Municipality of Niagara regarding the proposed Official Plan Amendment. We ask that you grant a further one year extension to allow the City of Niagara Falls and Regional Municipality of Niagara an opportunity to review the proposed amendment. We were unable to reach you regarding the fees required for the requested extension and believed it was prudent to submit this letter expeditiously. Please advise us of the fees at your earliest convenience and we will submit them immediately. If you have any questions with regard to the request for an extension, please do not hesitate to contact the undersigned. Regards, John Koke. 416 315 0359 jkoke®bordeauxdevelopments.com cc Tom Whitelaw Regioal Municipality of Niagara Ron Palmer The Planning Partnership James Ruscica Warren Woods Land Corporation (M. RECEIVED OCT 17 2005 PLANNING DEVELOPMENT Draft Plan of Subdivision Warren Woods 26T -96001 (Revised) Subject Land K:\GIS_Requests\2004\Schedules\ Subdivisions \warren_woods\mapping.apr SCHEDULE 1 Location Map 1: NTS January 2006 The City of Niagara Falls I Canada Members: Reco Attach. His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: BBS- 2006 -01 Indexing of Permit Fees 2006 RECOMMENDATION: That this Report be received for the information of Council. BACKGROUND: By -law No. 2001 -58, passed by Council on March 19, 2001, with respect to inspections and permits, sets out a scale of fees for various classes of permits. Section 14 of Schedule A of the above By -law stipulates that the fees shall be indexed annually, on each January 1, thereafter without further amendment to the By -law in accordance with the StatsCan Quarterly Construction Price Statistics Catalogue and this has been applied since the passing of the By -law. The above index has increased by 4.55% since the last adjustment and the permit fees for 2006 have been adjusted accordingly and are shown in the attached summary. astrilli Community Services Department BBS- 2006 -01 Building By -Law 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) 374 7500 E -mail: jcastrilli @city.niagarafalls.on.ca January 23, 2006 ded by: Respectfully submitted: John MacDonald tor of Building By -Law Services Chief Administrative Officer John Castrilli, CET, CBCO Director Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services CITY OF NIAGARA FALLS BUILDING BY -LAW SERVICES 2006 PERMIT FEE SUMMARY Effective, January 1, 2006 The permit fee for the construction of a building, structure or addition, listed by classification of major occupancy, is calculated on the basis of the Gross Floor Area of the building or addition, as applicable, multiplied by the corresponding figure shown below for each class of permit CLASS OF PERMIT PERMIT FEE /sq. ft. /sq. m. ASSEMBLY BUILDINGS 1. School, Church, Restaurant over 30 seats Library, $1.339 $14.42 Theatre, Educational or Recreational Facility and occupancies of a similar nature. 2. Casino $2.167 $23.33 INSTITUTIONAL BUILDINGS 1. Hospital, Nursing Home, Reformatory, Prison and $1.339 $14.42 occupancies of a similar nature. RESIDENTIAL BUILDINGS 1. Basic minimum house, less than 1,000 sq. ft., no garage. 2. Average quality house, under 3,000 sq. ft., with garage. 3. Superior quality house, over 3,000 sq. ft., with garage. 4. Townhouse without garage with garage 5. Add for finished basement, in any of the above. 6. Apartment Building (low rise) 7. Apartment Building (high rise) 8. Hotel (low rise)/Motel 9. Hotel over two stories BUSINESS AND PERSONAL SERVICE BUILDINGS 1. Office or Medical Building, Financial Institution and occupancies of a similar nature. MERCANTILE BUILDINGS 1. Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and occupancies of a similar nature. 2. Add for Offices or Apartments over the above. 3. Supermarket, Department Store and occupancies of a similar nature. 4. Add for basement to any of the above mercantile uses. INDUSTRIAL BUILDINGS 1. Factory, Plant, Warehouse, industrial building and occupancies of a similar nature. a) Less than 50,000 sq. ft. Shell and exterior cladding only b) 50,000 sq. ft. or greater Shell and exterior cladding only 2. Offices in industrial building OTHER PERMITS 1. Service Station, Car Wash. 2. Air supported Structure, Tent. (See note 5 in By -law): a) Under 250 sq. m b) 250 sq. m or more 3. Parking Garage 4. Accessory Storage Building, Farm Building, Greenhouse 5. Conversion of the interior of an existing building to a Casino 6. Change of Use: a) Less than 4,300 sq. ft. (400 sq. m) b) 4,300 sq. ft. (400 sq. m), or more [Min Fee $125.00] 7. Foundation only. 8. Structural Shell foundation only 9. Architectual shell foundation (see note 7 in By -law) $0.794 $0.891 $1.054 $0.746 $0.828 $0.255 $0.670 $0.810 $0.997 $1.339 $1.339 $1.089 $0.625 $0.946 $0.375 $0.530 $0.353 $0.429 $0.295 $0.997 $75.00, Flat Fee $0.106 $0.381 $0.268 $1.085 $125.00, Flat Fee $0.340 10% of full permit fee 50% of full permit fee 67% of full permit fee $8.54 $9.59 $11.34 $8.04 $8.91 $2.74 $7.21 $8.72 $10.74 $14.42 $14.42 $11.73 $6.72 $10.18 $4.05 $5.71 $3.81 $4.62 $3.17 $10.74 $0.909 $9.79 $1.14 $4.10 $2.88 $11.69 $3.50 2 CLASS OF PERMIT OTHER PERMITS (cont) 10. Demolition of a building or structure 11. Gasoline or Fuel Pump. 12. Gasoline or Oil Storage Tank. 13. Public Pool 14. Private Pool 15. Miscellaneous Residential. a) Addition to existing dwelling. b) Garage. c) Accessory Building, closed porch, solarium d) Finishing Basement. e) Carport, Open Porch, Deck. f) Mobile Home (CSA certified foundation extra g) Mobile Home Foundation h) Mobile Home(Uncertified) including foundation j) Signs PLUMBING. DRAINS SEWERS 1. Installation of Plumbing. 2. Rain water leaders, Manhole, Catchbasin, Area Drain. 3. Building Drain, Building Sewer, Building Storm Drain, Building Storm Sewer, Storm Drainage Piping, Private Drain, Private Storm Drain. 4. Connection to Municipal Sewer 5. Water service pipe (2" diameter, or less) 6. Water service pipe or private main (over 2" diameter) MISCELLANEOUS 1. Transfer of Permit to new owner. 2. Extension of revocation date of permit 3. Conditional Permit Agreement a) Not Registered (See below) b) Registered on Title 4. Non routine Inspection Fee: a) In regular hours b) Out of regular hours 5. Partial occupancy Inspection Fee (per hour) 6. Compliance letter to Lawyers, etc. 7. Liquor Licence Letter (includes Fire Department fee). 8. Zoning Confirmation 9. Weekend Inspection Min. fee $90 per hour after 4 hrs. Plus PERMIT FEE /sq. ft. /sq. m. $0.021 $70.00 per pump $70.00 per tank $350.00, Flat Fee Value method, as below. $0.871 $0.281 $0.248 $0.255 $75.00, Flat Fee $100.00, Flat Fee $0.140 $0.488 $1.51 $5.25 $65.00 for up to 25 sq. ft. plus $1.50 for each additional sq. ft. $65.00 for all plumbing, up to seven fixtures, in each unit, plus $4.00 for each additional fixture. $4.00 each $65.00 for the initial 150 feet (45 m.) of pipe, or portion, thereof, plus $15.00 for each 50 feet (15m.) of additional pipe. $100.00, Flat Fee $20.00 per run Value method, as below. 10% of original fee, min. $75.00 $80.00, Flat Fee $120.00 min. $250.00 min $60.00, Flat Fee $90.00, Flat Fee $60.00 per hour $70.00 per property $125.00 per property $6.00 per property Min. Fee $240.00 per inspection The fee for a Conditional Permit Agreement (CPA) is based on the full permit fee. Where the permit fee is $2,000 or less, the CPA. fee is 10 min. $110.00. Where the CPA. fee is more than $2,000, the CPA. fee is 20% of the full permit fee and in the event that the CPA is complied with, in full by the due date, then 50% of the CPA fee will be refunded. The fees above, calculated on a sq. ft. /sq. m. basis, include new floor area either in a new building or an addition to an existing building. For categories of construction not listed above (including swimming pools), the permit fee shall be $70.00 for the initial $5,000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1,000.00 of valuated cost, or portion thereof. Fees are payable at time of application. Except where shown otherwise, the minimum fee is $75.00 for residential agricultural properties and $125.00 for all other classes of permit. Other applicable fees may be payable for servicing, deposits, development charges, park dedication, etc. The fee for fast tracking a permit (when available) is 1.5 times the applicable rate, above. Notwithstanding, where construction or installation has occurred prior to the issuance of a permit, then the permit fee shall be double the amount listed above. NOTE: Permit fees are indexed to the StatsCan Construction Price Statistics, and are adjusted annually. The increase from 2005 to 2006 was 4.55% This Summary is intended for reference purposes only. For complete information, refer to By -law 94-42 the various amendments thereto and other applicable by -laws $0.22 $9.38 $3.02 $2.67 $2.74 The City of Niagara Falls I Canad His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -02 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovic @niagarafalls.ca January 23, 2006 Re: MW- 2006 -02 Portage Road and Morrison Street (west intersection) School Crossing Guard Review It is recommended that a school crossing guard be provided at the intersection of Portage Road and Morrison Street (west intersection) to assist school children. A request has been received to review the need for a school crossing guard at the intersection of Portage Road and Morrison Street (west intersection). The intersection is within the catchment area for St. Marys Catholic school and within walking distance for Grade 1 to Grade 8 students. A review indicates that the intersection is controlled by traffic signals and provisions for pedestrians are available by way of pedestrian walk/don't walk indications. Pedestrian push buttons are also available and the pedestrian indication is activated only upon a pedestrian pushing the button. The intersection is operating at an acceptable level of service under the current control. Studies were carried out prior to the commencement of the school day and at the end of the school day to assess the need for a school crossing guard. During both the morning and afternoon periods the number of turning movements that conflicted with pedestrian crossings warranted the assistance of a school guard. There were 8 children observed in the a.m. crossing both the west and north approach, and 15 children in the pm crossing the north, south, east and west approaches. A school crossing guard currently assists children crossing Morrison Street directly in front of St. Mary's School, however, there is no assistance provided for children living further west of the school who need to cross Portage Road. Thus, based on the study results, staff is recommending the provision of a school crossing guard at the signalized intersection at an estimated annual cost of $3,600.00 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 Council's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. Manager of Traffic Parking Services Ed Dujlovic, P.Eng. Director of Municipal Works 2 John MacDonald Chief Administrative Officer B.S.S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2006 Community Services\Jan 23\MW- 2006 -02 Portage Morrison School Crossing Review.wpd MW-2006-02 w rn H w DAVID AVE. AMELIA CRES. KINGS LAW AVE. a p ON AVE. r., cm C n O sta o o cl Qq STANLEY AVE A 0 The City of Niagara Falls I Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -03 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -752 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca January 23, 2006 Re: MW- 2006 -03 Retention of Consultant for the Kalar Road Basement Flooding Abatement Environmental Assessment That the consulting engineering firm of CH2MHi11 be retained to conduct the Kalar Road Basement Flooding Abatement Environmental Assessment for an amount not to exceed 95,286 and that Council authorizes the Mayor and City Clerk to sign an agreement with CH2MHi11. City staff was instructed by council, subsequent to report MW- 2005 -118, to further develop both long and short term alternatives for the elimination of basement flooding in the areas tributary to the Kalar Road Pump Station. To date City Staff and the consultant, CH2Mhi11, have developed a short list of alternatives for the control of basement flooding in specific areas. These options include but are not limited to: storage tanks, construction of a gravity overflow and source control of the inflow and infiltration. In order to implement any of the substantial abatement measures, current Ministry of the Environment legislation dictates that an Environmental Assessment Study needs to be conducted to select the preferred alternative(s) through a formalized and documented public selection process. Due to the sensitivity of this issue and the associated time constraints inherent to both the Environmental Assessment and construction phases of this project, City Staff contacted Ch2MHi11 Engineering Ltd. in December of 2005 to provide a proposal to perform the required works. CH2MHi11 is intimately familiar with the problem area and its sensitivity in terms of basement flooding control. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 2 MW- 2006 -03 The said project will follow phases one through four of the Environmental Assessment process and will result in the presentation of a preferred basement flooding control alternative complete with conceptual design, site selection and costing. The Regional Municipality of Niagara has agreed to share equally in the cost of this study and is supportive in principle of a cost sharing agreement for the resulting preferred alternative(s). The said study will take approximately six months with a net cost to the City of 47,643. Direct appointment of this consultant is permitted by virtue of the total upset cost to the City. This project is being funded via the 2005 Municipal Works budget line item "Pollution Control Plan Update" account number 16- 3- 411000- 040000. Council's concurrence with the recommendation is requested. Prepared by: D a..4 °ace David Watt Manager of Infrastructure Environment Approve b Ed Dujlovic Director of Municipal Works Respectfully submitted: UrG ohn MacDonald hief Administrative Officer S:\REPORTS\2006 Reports\MW- 2006 -03 Kalar Road Environmental Assessment Retention of a Consultant.wpd The City of Niagara Falls I Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Community Services Department MW- 2006 -01 Municipal Works Ed Dujlovic 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: edujlovi @city.niagarafalls.on.ca Re: MW- 2006 -01- Contract 2005- 154 -05 Stamford Street and McRae Street Sewer Separation January 23, 2006 It is recommended that the contractor (Provincial Construction) be retained to perform the works of the McRae Street and Stamford Street Sewer Separation project for the amount shown below and that council authorizes the Mayor and City Clerk to sign an agreement with Provincial Construction. BACKGROUND: The Tender Opening Committee, in the presence of the Manager of Supply and Services, opened tenders on Thursday, January 12, 2006 at 1:30 p. m. for the above noted contract. Tender documents were picked up by eleven (11) Contractors and six (6) bids were received, of which two(2) were uncomplete. Listed below is a summary of the totalled tendered prices, excluding GST, received from the four (4) Contractors. 1. Provincial Construction Niagara Falls) 4,362,087.00 2. Terra Infrastructure London, ON) 4,945,964.67 3. Nexterra Substructures (Niagara Falls) 5,114,890.25 4. Alfidome Construction (Niagara Falls) 5,484,206.00 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 12, 2006 2 MW- 2006 -01 The lowest tender was received from Provincial Construction in the amount of 4,362,087.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. This project is a branch of the Stanley Avenue drop shaft and is aimed at reducing combined sewer overflows and basement flooding in the subject area. The contract includes the construction of both a sanitary and storm trunk sewer as well as watermain within the limits of McRae Street, Stamford Street, Ottawa Avenue and Slater Street. Storm separation (only) will also be performed on Detroit Avenue, Florence Avenue, Heywood Avenue, Stuart Avenue, Third Avenue and Second Avenue. Complete reconstruction of sanitary sewer, watermain and road in the storm separation (only) areas will be approved by the Ministry of the Environment as part of this project and may therefore proceed at anytime in the future with minimal time spent on approvals and design. Financing: The Engineer's estimate for this contract was $4,600,000.00. Project Costs: Awarded Contract Consultant Miscellaneous Fees MOE Utility removals /installations Funding: 2006 Capital Budget G/L Water Fund Sewer Fund Capital Holding Provincial Grant Debentures TOTAL TOTAL 4,362,087.00 36,000.00 2,200.00 280,163.00 4,680,450.00 12 -3- 420013 030000 702,000.00 836,000.00 1,155,000.00 1,416,650.00 570,800.00 4,680,450.00 Council's concurrence with this recommendation would be appreciated. January 12, 2006 Prepared by: Respectfully submitted: Frank Tassone, A.Sc.T. Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works 3 John MacDonald Project Manager Chief Administrative Officer MW-2006-01 The City of Niagara Falls I Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -04 Municipal Works Ed Dujlovic 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: edujlovi @city.niagarafalls.on.ca January 23, 2006 Re: MW 2006 04 Central Pump Station High Rate Treatment Facility Cost Sharing That the City of Niagara Falls accept the cost sharing agreement with the Regional Municipality of Niagara in the amount of 10,511,864 for the construction of the new Central Pump Station and High Rate Treatment Facility and associated works. The City of Niagara Falls and the Regional Municipality of Niagara have for the past six years been working to address the issues of control of combined sewer overflow and future development capacity within the combined sewer area tributary to the existing Central Pump Station. In general this area includes the downtown core and a large portion of the tourist core area. The scope of works with respect to this project has increased substantially due the to the recognition by City and Regional Staff of the aging infrastructure surrounding this site in need of replacement and the increasing development pressure associated with both the Silvertown and Tourist Core areas. The final design of this project includes the following infrastructure renewal or replacement items and associated benefits in terms of servicing capacity or environmental issues. The following constitute the works to be carried out under this contract. Please see attached map showing the location of the works. 1. The construction of a City owned wet weather treatment facility which will treat approximately 40 approximately 425,000 cubic metres annually, of the combined sewer overflow being discharged on an annual basis to the Niagara River. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 2 MW- 2006 -04 2. Replacement, redirection and partial separation of combined sewers in the area of Hickson Avenue and Buttrey Streets. This will further reduce overflow to the Niagara River in this area while providing much needed development capacity for tributary areas. Basement flooding protection for tributary areas will also improve. Please note that flooded areas in First through Second Avenue North of Bridge Street will also derive some benefit from the sewer redirection. 3 Construction of a new gravity sewer on River Road from Park Street to Buttrey Street. This sewer will allow for the eventual decommissioning of Park Street Pump station at the North West corner of Park Street and River Road and will decrease overflow to the Niagara River. 4. Replacement of 1.2 km of cast iron watermain on Victoria Avenue from Bridge Street to the Niagara River Parkway. This replacement will provide for better fire flow and water quality in the areas North of Buttrey Street and Victoria Avenue and beyond. 5. Reconstruction of Victoria Avenue between Buttrey Street and Niagara River Parkway. These works will coincide with intersection improvements and hydro works planned by the Niagara Parks Commission and Niagara Falls Hydro respectively. 6. A new Central Pump Station, currently located West of the Niagara Transit bus parking area, located on the City and Regionally jointly owned lands South of the intersection of Buttrey and Hickson Streets. This upgrade will provide development capacity of areas tributary to the existing Central Pump Station including the downtown area and Tourist Core. 7. A new Muddy Run pump station for the Silvertown area. This will provide development and wet weather capacity for areas North and West of the existing pump station located on the Niagara River Parkway approximately 60 metres east of May Avenue. The Regional Municipality of Niagara Public Works division has assumed the project management for this project given their larger share of the capital cost, approximately 60% Region and 40% City, and due to jurisdictional and ownership issues. The contract for the required works was awarded to V. Gibbons Contracting Limited via a Regional tender award authorized by Regional Council on November 24, 2005. This particular project will take approximately 18 months to complete however items that address immediate site servicing issues will take precedence and will likely be completed within the first six months of the contract. Funding has been provided for this project in the Municipal Works capital budgets over the past several years. The account number is 12 -3- 420006 030000 and can be found in the 2006 Capital Budget under "High Rate Treatment Muddy Run CSO." January 23, 2006 Council's concurrence with this recommendation is requested. Prepared by: David Watt Manager of Infrastructure Environment /Chief Administrative Officer Approved by Ed Dujlovic Director of Municipal Works 3 MW- 2006 -04 espectfully submitted: ohn MacDonald M d 10 t0 The City of Niagara Falls Canad� 1111111111 1.111 1 Community Services Department MW- 2006 -05 Municipal Works Ed Dujlovic 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: edujlovi©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW 2006 05 Niagara Falls Pollution Control Plan Committee Member Selection RECOMMENDATION: That a Council representative serve on the Stakeholder Steering Committee for Niagara Falls Pollution Control Plan be appointed. A ldernr .3 L e- Mo po hvek BACKGROUND: January 23, 2006 City Staff issued a request for proposal for provision of services with respect to an update to the City of Niagara Falls Pollution Control Plan in July of 2005. Ch2Mhill Canada Ltd. was selected as the successful proponent by Regional and City Staff and were retained formally in September 2005. In general the purposes of the Pollution Control Plan are as follows: Develop a strategic plan to address current and future servicing needs in view of development pressures and any proposed or existing legislative requirements. This plan is to ensure a consistent level of customer service for both residential and commercial sectors. Address the issues of basement flooding and combined sewer overflows on a City wide or system basis. Quantify, cost and schedule system improvements in both the short and long term. Peer review existing capital works plans in terms of their ability to maintain service levels. Establish life cycle or full cost accounting rationales in advance of the sewer and Water Systems Sustainability Act. Provide guidance in the area of current planning policies with respect to building Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 2 MW- 2006 -05 densities and the current and future servicing capacity of the sewer systems The pollution control plan process and deliverables will be consistent with the Ministry of the Environment's Class Environmental Assessment for Water and Wastewater Projects, phases one and two. In order to ensure a greater degree of public and stakeholder involvement beyond that provided by the Environment Assessment process and to facilitate direct input from interested groups, the terms of reference necessitated the formation of two steering committees. The committees and their respective roles are as follows: Technical Steering Committee This committee provides general technical advice and essentially peer reviews the plan progress and deliverables in terms of the member's governmental jurisdiction or affiliation. A minimum of six committee meetings will be held. The members are as follows: Ministry of the Environment Environment Canada, Great Lakes Sustainability Branch City of Niagara Falls Planning and Municipal Works Department Niagara Peninsula Conservation Authority Regional Municipality of Niagara Public Works Department Stakeholder Committee This committee provides direct feedback from a group of public interest groups and interested stakeholders. A minimum of four committee meetings will be held. Proposed membership as per the terms of reference is as follows: Recognized environmental group (1 required) Niagara Falls City Council (1 required) BIA/Business comments (1 required) Neighbourhood or citizen advocacy group (1 required) Actions resulting from the Stakeholder Committee Meetings will be vetted at the Technical Steering Committee level for their inclusion into the study process. It is staffs opinion that the involvement of the above groups will introduce a degree of transparency into the pollution planning process and will assist in the development of priorities with respect to the deliverables presented above. Council's recommendation is respectfully requested. January 23, 2006 Prepared by: espectfully submitted: David Watt olm MacDonald Manager of Infrastructure Environment Chief Administrative Officer Pa,..vi ate Approved by: Ed Duj lovic Director of Municipal Works 3 S:\REPORTS\2006 Reports\MW- 2006 -05 Niagara Falls Pollution Control Plan Committee Member Selection.wpd MW- 2006 -05 The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -07 Municipal Works Ed Dujlovic 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: edujlovi @city.niagarafalls.on.ca January 23, 2006 Re: MW- 2006 -07 Consultant Retention for Park Street Crysler Avenue to Victoria Avenue That the Council authorizes the Mayor and City Clerk to sign an agreement with Delcan Corporation for the design of new storm sewers, sanitary sewers, watermains and road on Park Street from Crysler Avenue to Victoria Avenue for the upset limit of $32,000.00, excluding GST and the financing of this design from the 2006 Municipal Works Capital Projects Budget, Bridge Street Storm Separation program be pre- approved. This design and subsequent construction are a continuation of the Park Street, Ontario Avenue to Crysler Avenue construction, contract 2006 148 -05 and will provide the storm sewer outlet for the sewer separation of the area north of Morrison between Victoria Avenue and Stanley Avenue. The storm sewer separation of the area west of Victoria Avenue is being funded under the Canada Ontario Municipal Rural Infrastructure Fund COMRIF). A 1.5 X 3.0 m box storm sewer, 7 metres in depth, must be extended on Park Street to Victoria Avenue to provide the storm outlet for the COMRIF funded area. The existing sewers and watermains on Park Street and Crysler Avenue were constructed in the 1800's and early 1900's. Therefore, this infrastructure on Park Street will be replaced or rehabilitated during the construction. In addition, the construction of this storm sewer Construction on this project will commence on this section in late summer, immediately upon Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services completion of the construction of the Ontario Avenue to Crysler Avenue section. As per the City's Consultant Selection Policy, direct appointment for Consultants up to $60,000.00, Delcan Corporation has been selected to complete this work. Delcan Corporation has carried out the design of the previous and are very aware of the design issues related to this project. Staff is therefore recommending that they be retained for this work. The financing of this design will be from the 2006 Municipal Works Capital Projects Budget, Bridge Street Storm Separation program, Account 12- 3- 12- 3- 420017- 030000. Council's concurrence with the above recommendations would be appreciated. Prepared by: 1 ,,eTtpee t&ir-eked Bob Darrall Project Manager Approved y: Ed Dujlovic Director of Municipal Works 2 MW 2006 07 Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls I Canada His Worship Mayor Ted Salci, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: To receive and file. BACKGROUND: The attached report is prepared in accordance to the Safe Drinking Water Act 2002 Ontario Regulation 170/3, effective May 17, 2003. For a drinking water system owned by a municipality, a copy of the report is to be given to members of municipal council before March 31, 2005 and posted on the city web page. Prepared by: o Mussari, Manager of Building Services Approved by: Ed Dujlovic, P.Eng., Director of Municipal Works Community Services Department M unicipal Works 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 -2354 E -mail: munwks @city.niagarafalls.on.ca January 10, 2006 Re: MW- 2006 -08 Water Distribution System Annual Summary Report 2005 S:\REPORTS\2006 Reports\MW- 2006 -08 Water Distribution System.wpd Res ectfully submitted: 4 hn MacDonald, hief Administrative Officer Ed Dujlovic, P. Eng. Director MW- 2006 -08 Working Together to Serve Our Community Municipal Works Parks, Recreation Culture Business Development Buildings By -law This report is prepared in compliance with section 11 and schedule 22 Ontario Regulation 170/03 made under the Safe Drinking Water Act 2002 (R. S. O. 2000). Water Distribution System Operational Compliance CITY OF NIAGARA FALLS WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT JANUARY 1, 2005 DECEMBER 31, 2005 Prepared by: City of Niagara Falls Municipal Works The City of Niagara Falls purchases it's water from the Regional Municipality of Niagara through the Niagara Falls Water Treatment plant. The municipal water sources is a surface water supply from the Niagara River via the Welland River. The water is distributed to Niagara Falls residents through approximately 422 kilometres of City water mains and 39 km of Region water mains. The size of City of Niagara Falls water mains range in size from 25mm to 450 mm. The City of Niagara Falls water distribution system is a class 2 facility. Please refer to the Regional Municipality of Niagara report. Website www. regional. niagara. on. ca The City of Niagara Falls has reviewed its procedures and have taken measures to assure compliance with all new regulations. Protocol for reporting indicators of adverse water quality, and making data and reports publicly available have been established and are being followed. It is noted that following a MOE inspection of our records, it was determined that the City of Niagara Falls had not filed the proper Annual reports for 2004. This report was submitted after the required date. To meet the standards the City samples from a minimum of 85 sites each month. Sampling sites represent a cross section of the cities distribution system. Samples are collected by staff members who have attained MOE certification as Water Distribution System Operator and or Water Analyst. Tests to comply to the Regulation are for Microbiological (Bacteria) indication of adverse water quality. Drinking Water Microbiological Test Standard Escherichia Coli (E. Coli) 0 Fecal Coliform 0 Total Coliforms 0 Background Colonies 200 or less 1 Additional Free Chlorine is required to be 0.05 mg. /litre or higher. When indicators of adverse water quality occur corrective measures and notification to the Ontario Ministry of Environment and the Medical Officer of Health are immediately undertaken. Resampling, including adjacent sites and or fire hydrants is initiated, and where necessary flushing of water mains and increasing the chlorine dosages is carried out until water quality once again conforms to the Regulation. DEFINITIONS, ABBREVIATIONS TERMS MAC Maximum Acceptable Concentration This is a health- related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment. Revised January 2001. PIBS #4065e. Page 2.) mg /L milligrams per litre (parts per million) cfu/100 mL Colony Forming Units per 100 millilitres of sample Less than Greater than Microbiological parameters (ie. bacteria) the source ofbacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous water -bourne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment.) Total Coliform the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment.) Escherichia coli (E. coli) a sub -group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indications of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment) Background Count the bacteria content in water which can be used to measure water quality deterioration in distribution systems. (Ministry of Environment. Method MFMICRO E3371.) 2 Microbiological Parameters MAC or IMAC Number of Samples Number of Detectable Results Sampling Dates Range Number of Exceedances Comments Total Coliforms (counts /100m1) 1246 9 Jan. 1/05 Dec. 31/05 Not Applicable 9 Indicates possible presence of fecal matter Background Colonie (counts/ 100m 1) >200 1246 6 Jan. 1/05 Dec. 31/05 1 -200 6 Possible indicator of deteriorating water quality E -Coli (counts /100m1) 2492 0 Jan. 1/05 Dec. 31/05 Not Applicable 0 Definate indicator of fecal contamination Trihalomethanes (THM's) The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Lead Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from pluming in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. First flush water at the consumer's tap may contain higher concentrations of lead then water that has been flushed for several minutes. CITY OF NIAGARA FALLS WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT For the period January 1, 2005 through December 31, 2005 icator of adverse water qua ity if detected in treated water. Note: The information used to complete the above table was reported by E3 Laboratories. 3 Parameters Related Q0 Number Number of Sampling Range Number of Comments to Microbiological of Dectecable Dates mg/L Exceedances 0 Quality Samples Results (weekly daily) 2005 -06 -29 25.2 Free Chlorine Chlorination Jan.1 /05 0.05 2005 -09 -19 Recommended System (mg/1) 2026 2026 Dec.31 /05 0.70 0 level of at least 0.2 mg/L not an adverse result unless less than lead 10 2 0 2005 -03 -16 0.05 mg/L Chemical Parameters MAC Number of Samples Number of Detectable Results Sampling Dates Range ug/L Number of Exceedances Typical Source of Contaminant Trihalomethane 100 4 0 2005 -03 -16 12.7 0 Bi- product of (ug/L) 2005 -06 -29 25.2 Chlorination 2005 -09 -19 2005 -12 -13 lead 10 2 0 2005 -03 -16 0.5 0 Naturally (ug/L) 2005 -09 -19 2.2 occurring CHLORINE RESIDUALS SUMMARY 2005 Field observatioins recorded by licensed operators TRIHALOMETHANE LEAD RESULTS SUMMARY 2005 4 Location Address Sample Date Collected Membrane Filtration Count 100m1 P -a /100 ml Chlorine Residual mg/L Corrective Action Taken Total Coliforms Total Coliform Background E. coli Fecal C Presumptive confirmed 6550 Niagara River Parkway Table Rock House 05/04/11 Background >200 0.60 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 8214 Lundy's Lane Avondale 05/04/11 5 0.58 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6873 McLeod Road Winks 05/04/11 1 0.52 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6535 Thorold Stone Road John:s Restaurant 05/04/26 12 0.81 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6550 Niagara River Parkway Table Rock House 05/05/09 Background >200 0.60 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6535 Thorold Stone Road John's Restaurant 05/05/25 4 0.73 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 7429 Lundy's Lane Ramada Coral Inn 05/07/18 Background >200 0.60 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. ADVERSE WATER SUMMARY AND CORRECTIVE ACTION, 2005 5 Location Address Sample Date Collected Membrane Filtration Count 100m1 P -a/100 ml Presumptive confirmed Chlorine Residual mg/L Corrective Action Taken Total Coliforms Total Coliform Background E. coli Fecal C 3487 Portage Road Scrapping Bee 05/07/25 4 0.57 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 3487 Portage Road (Duplicate) Scrapping Bee 05/07/25 3 0.57 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6265 Thorold StoneRoad 05/08/22 1 0.55 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 5580 Kalar Road Hodgson Steel 05/09/26 1 0.32 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 4807 Victoria Avenue Olco Gas 05/10/31 5 >200 0.07 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6150 Valleyway Valleyway Health 05/11/28 >200 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. 6150 Valleyway Valleyway Health Duplicate Sample 05/11/28 >200 Watermain was flushed and resample mg was carried out at original location as well as up and down stream until water parameters were met. Annual Summary Report 2005 6 The City of Niagara Falls I Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2006 -01 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 January 23, 2006 Re: R- 2006 -01 Actions Stemming from the Mayor's Youth Advisory Committee Meeting of November 9, 2005 That C ouncil a pprove t he r evised D raft Terms o f R eference for t he M ayor's Y outh A dvisory Committee. A copy of the Draft Terms of Reference is attached. The Mayor's Youth Advisory Committee is dedicated to providing a voice for the youth of Niagara Falls, while advising Council of important recreational and social issues concerning the City's younger population. Our vision is to encourage facilities and programs that will enhance the quality of life, health and well -being of the youth in our community. The Mayor's Youth Advisory Committee has revised the Terms of Reference for the 2005 -2006 Committee. The changes include: 1) The History section has been updated to include information on the new Skate Park and the Youth Forum held in April 2005. 2) The positions of Attendance Monitor, Principal Liaison Committee and Telephone Committee are now included. 3) It is the responsibility of all Committee members to attend all meetings and when a Committee member misses three meetings, they may be asked to step down from the Committee. The Committee may then contact the High School Principal for another representative. The changes reflect the increased interest for participation from each of the five high schools. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 23, 2006 Your approval of the revised Terms of Reference and continued support of the Mayor's Youth Advisory Committee is greatly appreciated. Prepared by: ba Lori-L Albanese Community Development Coordinator Recommended by: Adele Kon Director of Parks, Recreation Culture LA/das Attachment 2 S: \Council \Council 2006 \R 2006 -01 Actions Stemming from MYAC Mtg of Nov 9 2005.wpd Respectfully submitted: John MacDonald Chief Administrative Officer R- 2006 -01 The City of Niagara Falls Mayor's Youth Advisory Committee Terms of Reference Niagaraaalls C A N A D A November 2005 Mayor's Youth Advisory Committee Terms of Reference Page 2 of 6 HISTORY Mayor's Youth Advisory Committee Terms of Reference The Mayor's Youth Advisory Committee was established through the Community Policing Committee's Safe City Campaign in 1999. In March 2001, the Mayor's Youth Advisory Committee hosted a Youth Forum at The Optimist Club to determine the recreation and leisure needs of youth ages 14 -20 years in Niagara Falls and to use this information to improve service to the youth population. From the Youth Forum, it was determined that there was a need for a Skate Park in the City. Numerous public meetings were held and surveys were completed to also help determine the need. On November 26, 2001, the Mayor's Youth Advisory Committee made a request to City Council requesting funds and a site for the Skate Park. City Council approved the request and allocated funds for the design and construction of the Skate Park and also allocated space on the site of the Community Centre. On June 18, 2005, the Mayors's Youth Advisory Committee, together with the City of Niagara Falls, held the Grand Opening of the Skate Park. The Committee raised more than $12,000 to assist the City with the Skate Park. In April 2005, the Mayor's Youth Advisory Committee hosted a another Youth Forum at The Optimist Club to determine the recreation and leisure needs of Niagara Falls High School age youth. The results indicated that a Multi -Media Arts Centre was needed in Niagara Falls. The results of the Youth Forum can be found on their website at www.nfmyac.com. The results have been forwarded to the consultant hired to prepare the Parks, Recreation Culture Strategic Plan. MANDATE The City of Niagara Falls Mayor's Youth Advisory Committee will provide a voice for the youth of Niagara Falls, while advising Council of important recreational and social issues concerning the City's younger population. Mayor's Youth Advisory Committee Terms of Reference Page 3 of 6 PURPOSE 1. To keep Council informed of important matters affecting youth. 2. To occasionally host youth workshops /forums, conduct surveys to address concerns and needs that affect youth. 3. To act as a positive advocate for youth. 4. To actively seek input from youth on important matters. 5. To support events created by the Committee that relate to the mandate. 6. To provide leadership experience for youth. VISION It is the vision of the Committee to provide a communication link between the youth of Niagara Falls and City Council and to encourage facilities and programs that will enhance the quality of life, health and well -being of the youth in our community. MEMBERSHIP For the year 2004 -2005, the Committee shall be made up of a minimum of twenty (20) people consisting of a minimum four (4) representatives from each of the five (5) high schools in Niagara Falls. A person from the Niagara Regional Police Services and a staff member of the Parks, Recreation Culture office will serve as facilitators and liaise with the Committee and be non voting members. It is recommended that at least one of the members from each high school should be a member of their High School Student Council. The Mayor will be an ex- officio member of the Committee. APPOINTMENT TO THE MAYOR'S YOUTH ADVISORY COMMITTEE Students will be appointed by their respective High School Principals. The term of office is for one year and may be extended, on appointment by their Principal. The Committee will request High School Principals to appoint new members at any time to replace those who resign. Mayor's Youth Advisory Committee Terms of Reference Page 4 of 6 CHAIRPERSON, VICE- CHAIRPERSON, SECRETARY, ATTENDANCE MONITOR, PRINCIPAL LIAISON COMMITTEE TELEPHONE COMMITTEE The Chairperson, Vice Chairperson, Secretary, Attendance Monitor, Principal Liaison Committee and Telephone Committee will be elected by the Committee members. RESPONSIBILITY AND AUTHORITY OF CHAIRPERSON 1. To chair all meetings of the Mayor's Youth Advisory Committee. 2. To prepare all agendas for the Committee meetings with the assistance of the Parks, Recreation Culture liaison. 3. To motivate individual members and recognize each member's contribution to the Committee. 4. To delegate appropriate tasks to individual Committee members. 5. To network with student councils and other youth organizations. 6. To make presentations to City Council with the assistance of the Parks, Recreation Culture liaison. 7. To assign tasks or responsibilities to Committee members. 8. To represent the Mayor's Youth Advisory Committee at any social functions or other meetings where the Mayor's Youth Advisory Committee's attendance is required. 9. To call additional meetings in consultation with the Parks, Recreation Culture liaison when deemed necessary. 10. To lead workshops /public meetings, as required. RESPONSIBILITY OF VICE CHAIRPERSON 1. Assume all responsibilities for the Committee Chair in his/her absence. 2. Will be elected by the Committee. 3. Oversee all work of the Committee and foster a positive line of communication with Committee members. 4. Supervise attendance of Committee members at their respective meetings in consultation with the Committee Chair and staff liaison. RESPONSIBILITY OF SECRETARY 1. Take minutes for all committee meetings and email to Parks, Recreation Culture liaison. 2. To ensure Committee meeting summaries are clear and concise. Motions must be recorded. 3. To record names, addresses, email addresses and phone numbers of Committee members. 4. Responsible for the official correspondence of the Committee. Mayor's Youth Advisory Committee Terms of Reference Page 5 of 6 RESPONSIBILITY OF ATTENDANCE MONITOR 1. To mark the attendance of Committee members at all meetings. 2. To mark the attendance of Committee members at all events. 3. To advise the Chairperson and the Staff liaison of any committee members that have missed three (3) meetings. RESPONSIBILITY OF PRINCIPAL LIAISON COMMITTEE 1. To advise their High School Principals of upcoming committee meetings and events. 2. To advise their High School Principals of any important issues relating to the Committee and the students of the High School. RESPONSIBILITY OF TELEPHONE COMMITTEE 1. To call all Committee members for upcoming committee meetings. 2. To call all Committee members for upcoming events /special projects. 3. To ensure all Committee members are aware of Council presentations by the Mayor's Youth Advisory Committee. RESPONSIBILITIES OF ALL COMMITTEE MEMBERS 1. To attend all meetings.* 2. To play an integral role to the Committee by contributing to projects /special events coordinated by the Committee. 3. Must be an official member appointed by their respective high school principal to vote on issues. 4. Each Committee member will be encouraged to actively participate as a member on the Committee. 5. Members must notify the Chair of the Committee or the staff liaison to inform of their absence from a meeting if they are unable to attend a meeting. 6. To propose to the Mayor's Youth Advisory Committee projects and plans designed to assist in the fulfilment of the purposes of the Mayor's Youth Advisory Committee. *When a Committee member misses three meetings, they may be asked to step down from the Committee. The Committee may then contact the High School Principal (of the student that has missed the meetings) and ask that another representative be sent as a replacement. Mayor's Youth Advisory Committee Terms of Reference Page 6 of 6 PROCEDURES AND PROTOCOL a) Decision Making The Committee will approve by motion those matters it wishes to advise City Council. A resolution of the Committee will be adopted on a motion, carried by simple majority vote. A quorum will be required. A quorum consists of a minimum 50% 1 of the voting members of the Committee. b) Meetings i) Meetings of the Committee will normally be held on the first Wednesday of each month at 4:00 p.m. or at the call of the Chair. ii) Meetings will generally be held at City Hall. iii) Meetings will generally be open to the public. COMMITTEE PROJECTS /SPECIAL EVENTS Based on the mandate and purpose, the Committee will establish its priorities at the beginning of each school year and develop a work program with which to focus its attention. Additionally, the Committee may address items referred to it by others. The Committee may consider matters that members deem to be of importance and within the Committee's responsibilities. The Committee will also consider matters referred to it by Council or Community Services Committee. Additionally, the Committee may also consider matters identified by youth in the community. Such matters should be identified and explained in writing, addressed to the Chair. The Committee will consult with Parks, Recreation Culture Staff. AMENDMENT OF TERMS OF REFERENCE The Terms of Reference of the Mayor's Youth Advisory Committee should be reviewed on an annual basis. The Committee may recommend revisions to the Terms of Reference which will require approval by City Council. S: \Youth \Terms of Reference \Terms of Reference November 2005 new History.wpd The City of Niagara Falls I Canada Members: RECOMMENDATION: BACKGROUND: and Recommended by: al r► Patrick Burke Fire Chief Community Services Department FS- 2006 -01 Fire 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) 356 -7404 E -mail: pburke @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 23, 2006 Re: FS- 2006 -01 Agreement with Fire Monitoring Technology Inc. to provide electronic direct to Fire Services notification of fire signals It is recommended that Council authorize the Mayor and the City Clerk to sign an agreement with Fire Monitoring Technology Inc. (FMTI) to provide electronic direct to Fire Department notification or e -DTF services, to UL UL Canada listed signal receiving centres which allows for "open access" fire alarm monitoring by Niagara Falls Fire Services. On October 4, 2004, Council adopted report FS- 2004 -17 authorizing the Mayor and Clerk to enter into a similar agreement with FMTI. The agreement is being renewed for three (3) years. It is recommended that Council authorize the Mayor and the City Clerk to sign an agreement with Fire Monitoring Technology Inc. to provide electronic direct to Fire Department notification or e- DTF services, to UL UL Canada listed signal receiving centres which allows for "open access" fire alarm monitoring by Niagara Falls Fire Services. The agreement has been reviewed and approved by the Assistant City Solicitor. Respectfully submitted: John MacDonald Chief Administrative Officer Patrick Burke Fire Chief Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services December 20, 2005 Laura Carroll Executive Secretary Niagara Falls Fire Services 5809 Morrison Street Niagara Falls, ON L2E 2E8 (phone) (905) 356 —1321 x 2203 (fax) (905) 356 6236 Laura; Regards, Holly Barkwell -Ho and Director, Research Development Fire Monitoring of Canada Inc. Please find enclosed 4 copies of the contract signed as requested. If you have any questions please do not hesitate to contact me. Phone (905) 862 0112 Fax (905) 688 0733 hbhollandadfire- monitoring.com 235 Martindale Road, St. Catharines, ON L2W 1A5 Agreement with the Corporation of the City of Niagara Falls This agreement entered into as of Dec 30 2005 BETWEEN: Fire Monitoring Technologies International Inc., a corporation incorporated under the laws of Ontario referred to hereinafter as "FMTI -and- The Corporation of the City of Niagara Falls referred to hereinafter as "the Municipality") with respect to the provision of electronic direct to fire department notification of fire signals to the Niagara Falls Fire Department "FD 1. Background 1.1 FMTI provides electronic direct to Fire Department notification, or e-DTF services, to UL UL Canada listed signal receiving centres.; 1.2 FMTI makes its OPEN ACCESSTM client utility "referred to as the Network available to any UL UL Canada listed signal receiving centre for the purpose of immediately re- directing fire -only signals from one of its clients immediately to the participating fire department; 1.3 e-DTF has been demonstrated by independent research to reduce response time to fire by almost two full minutes and as a result, has been endorsed for use by the Ontario and the Canadian Associations of Fire Chiefs; 2. DEFINITION OF OPEN ACCESS"' Network and e-DTF 2.1 The OPEN ACCESSTM Network [hereinafter referred to as OPEN ACCESSTM or the Network] refers to the process whereby a UL UL Canada listed signal receiving centre which is participating as an OPEN ACCESST"" business partner, may transmit fire alarm dispatch signals received from customers' premises into the Network for immediate delivery to the Fire Department (FD) computer aided dispatch (CAD) system. 2.2 e-DTF refers to "electronic direct to fire department" notification of fire signals, and represents a more generic means to describe the OPEN ACCESSTM network. As a result, the two terms may be used interchangeably from time to time. In CONSIDERATION of the premises and mutual agreements contained herein and other good and valuable consideration (the receipt and sufficiency of which is acknowledged by the parties), the parties agree as follows; 3. OPERATION OF OPEN ACCESS NETWORK The Network will function as follows: Page 1 of 6 Initial /X Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Patrick Burke Fire Chief Community Services Department FS 2006 02 Fire 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) 356-7404 E -mail: pburke @city.niagarafalls.on.ca January 23, 2006 Re: FS- 2006 -02 Agreement with Wireless Works to Provide Radio Airtime Patrick Burke Fire Chief That Council authorize the Mayor and the City Clerk to sign an agreement with Wireless Works to provide radio airtime on our trunked UHF network for Niagara Falls Fire Services. On March 31, 2003, Council adopted report FS- 2003 -05 authorizing the Mayor and Clerk to enter into an agreement with MaxTel Wireless Inc. which included two years of airtime fees. It is recommended that Council authorize the Mayor and the City Clerk to sign an agreement with Wireless Works to provide radio airtime on our trunked UHF network for Niagara Falls Fire Services for up to ten (10) years. The agreement has been reviewed and approved by the Assistant City Solicitor. r a and Recommended by: Respectfully submitted: 0 f� 1 John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services KNOWLTON PASS ELECTRONICS INC. DOING BUSINESS AS: wireles 4100 Victoria Avenue #102 Vineland, ON LOR 2C0 Tel: 905 562 -9545 Fax: 905- 562 -9560 WHEREAS, Niagara Falls Fire Department (the CUSTOMER) and Wireless Works (the SERVICE PROVIDER) wish to enter into an agreement whereby the CUSTOMER proposes to engage the SERVICE PROVIDER to provide radio airtime on their trunked UHF network within their Niagara footprint; AND WHEREAS, the CUSTOMER acknowledges and agrees that it has read and accepts this Agreement, NOW THEREFORE, in consideration of the foregoing premises and mutual covenants and agreements set forth herein, the parties hereby agree as follows: 1.0 Services SERVICE PROVIDER agrees to supply airtime Services and the CUSTOMER agrees to receive the airtime Services from the SERVICE PROVIDER in accordance with the terms of this Agreement. 2.0 Scope of Service Delivery SERVICE PROVIDER currently delivers Public Safety Grade, portable level, in- building coverage throughout the municipal boundaries of the City of Niagara Falls (the `Operating Area'), at 97% coverage, 97% of the time. Where 100% in- building coverage is required. Coverage enhancing equipment will be required at additional cost to the CUSTOMER The CUSTOMER shall have continuous and uninterrupted priority access to, and use of the Network 24 hours per day, 7 days per week, and 365 days per year during the term of this agreement, and any renewal term thereafter. 3.0 Term This Agreement shall commence on the System Acceptance date (June 1, 2005) when the Services have been established and are available for use by the CUSTOMER and shall remain in effect for a period of 120 months (the "Initial Tenn unless terminated by either party as permitted by this Agreement. This Agreement will automatically renew for two successive terms equal in duration to 60 months (each a "Renewal Term") unless written notice of termination is provided by either party to the other at least sixty (60) days prior to the expiration of the Initial Term or any of the Renewal Terns, as the case may be, in which case the Agreement will expire on the expiration date of the Initial Term or then current Renewal Term, as the case may be. The tern "Term" wherever used in this Agreement shall mean the Initial Term or then current Renewal Term, as the case may be. 4.0 Compensation 4.1 All Services provided are invoiced monthly in arrears. The SERVICE PROVIDER shall invoice the CUSTOMER in arrears, based on a rate of $30.00 /radio (Portables,Mobiles and Base Stations) for the Services to be provided in that month, the CUSTOMER shall pay all invoices within thirty (30) days after the date the invoice is issued. Unless otherwise designated by the SERVICE PROVIDER in writing, the CUSTOMER shall pay all invoices to the SERVICE PROVIDER for the benefit of the SERVICE PROVIDER (and others as may be agreed to by the SERVICE PROVIDER Upon at least thirty (30) days written notice prior to the end of the Tenn, the SERVICE PROVIDER may change any fees payable under this Agreement. The CUSTOMER is solely responsible for payment of any taxes (including without limitation sales, use, goods and services, capital, intangible and property taxes) resulting from the CUSTOMER'S purchase or use of the Services ("Taxes 4.2 Invoices outstanding for more than thirty (30) days shall bear interest at a monthly rate of 1.5% per month (19.56% per annum) and such interest charges shall accrue from and after the due date of payment to the date that payment is received by the SERVICE PROVIDER 5.0 Modifications and Changes 5.1 Subject to Section 4.2, at any time CUSTOMER or the SERVICE PROVIDER may request changes in the Services by submitting such requests in writing. Within a reasonable time, but in any event not more than thirty (30) days after receiving written notice of a CUSTOMER change request, the SERVICE PROVIDER will advise CUSTOMER whether the change can be made and the effect the change will have on the Agreement and the Services. Within a like period after receiving SERVICE PROVIDER's request for change, CUSTOMER will notify SERVICE PROVIDER whether it authorizes the implementation of the change under the revised terms or rejects the change proposed. Pending authorization to implement changes, SERVICE PROVIDER shall proceed in accordance with the latest authorized terms of the Services. 5.2 The parties acknowledges that from time to time and at any time SERVICE PROVIDER may make such unilateral changes and modifications as SERVICE PROVIDER determines are necessary or advisable provided such changes do not adversely affect SERVICE PROVIDER's ability to meet its obligations under the services levels provided for in Schedule "A SERVICE PROVIDER shall endeavour to provide at least fifteen (15) day's advance notice to CUSTOMER of any such unilateral changes and modifications which may affect CUSTOMER either directly or indirectly. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 3 on Reference Plan 59R -12705 as a public highway, to be known as and to form part of Riall Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 36 designated as Part 3 on Reference Plan 59R 12705, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 3 on Reference Plan 59R -12705 that is hereby established as a public highway, be known as and form part of Riall Street. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 5 on Reference Plan 59R -12840 as a public highway, to be known as and to form part of Detenbeck Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Lot 10 Concession Broken Front Niagara River Willoughby designated as Part 5 on Reference Plan 59R 12840, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 5 on Reference Plan 59R -12840 that is hereby established as a public highway, be known as and form part of Detenbeck Road. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12902 as a public highway, to be known as and to form part of Dorchester Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 212 designated as Parts 1 and 2 on Reference Plan 59R -12902 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 1 and 2 on Reference Plan 59R -12902 that are hereby established as a public highway, be known as and form part of Riall Street. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 2 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of McLeod Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 180 Stamford designated as Part 2 on Reference Plan 59R 12912, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 2 on Reference Plan 59R -12912 that is hereby established as a public highway, be known as and form part of McLeod Road. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By-law No. 2006 A by -law to establish Part 4 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of McLeod Road and part of Garner Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 180 Stamford designated as Part 4 on Reference Plan 59R 12912, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 4 on Reference Plan 59R -12912 that is hereby established as a public highway, be known as and form part of McLeod Road and part of Garner Road. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 5 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of Garner Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 180 Stamford designated as Part 5 on Reference Plan 59R- 12912, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 5 on Reference Plan 59R -12912 that is hereby established as a public highway, be known as and form part of Garner Road. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. A by -law to establish Part 9 on Reference Plan 59R -12956 as a public highway, to be known as and to form part of Dorchester Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 212 Stamford designated as Part 9 on Reference Plan 59R- 12956, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 9 on Reference Plan 59R -12956 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedules `B -65" and "B-66"attached hereto. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2006 COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -1" Schedule `B -2" Schedule `B -3" Schedule `B -4" Schedule `B -5" Schedule `B -6" Schedule `B -7" Schedule `B -8" Schedule `B -9" Schedule `B -10" Schedule `B -11" Schedule `B -12" Schedule `B -13" Schedule `B -14" Schedule `B -15" Schedule `B -16" Schedule `B -17" Schedule `B -18" Schedule `B -19" Schedule `B -20" Schedule "B -21" Schedule `B -22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri-Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. COLUMN 2 LOCATION Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Schedule `B -29" Road 8444 Lundy's Lane 3955 Portage Road 3516 Main Street 8055 McLeod Road and 8065 Schedule `B -33" McLeod Road 5088 Drummond Road Mewburn Road 6453 Colborne Street and 6476 Huggins Street 5795 Don Murie Street 7190 Morrison Street COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -23" Schedule `B -24" Schedule `B -25" Schedule `B -26" Schedule `B -27" Schedule `B -28" Schedule `B -30" Schedule `B -31" Schedule `B -32" Schedule `B -34" Schedule `B -35" Schedule `B -36" Schedule `B -37" Schedule `B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 33, 36 39, 42 45 and 48 -51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -39" Schedule `B -40" Schedule `B -41" Schedule `B -42" Schedule `B -43" Schedule `B -44" Schedule `B -45" Schedule `B -46" Schedule `B -47" Schedule `B -48" Schedule `B -49" Schedule `B -50" Schedule `B -51" Schedule "B -52" Schedule `B -53" Schedule `B -54" Schedule `B -55" Schedule `B -56" Schedule `B -57" COLUMN 1 SITE Niagara South Condominium Corporation No. 4 Park Royal Niagara Catholic District School Board West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 3900 Kalar Road COLUMN 2 LOCATION 3322 Addison Street 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -58" Schedule `B -59" Schedule `B -60" Schedule `B -61" Schedule "B -62" Schedule `B -63" Schedule `B -64" Schedule `B -65" Schedule `B -66" DIXON STREIT DRUMMOND ROAD Fire Access Route Victoria Park Towers 6521 Drummond Road Victoria Park Towers 6521 Drummond Road Fire Access Route SCHEDULE "Bia' 4 e,, FIRE DEPARTMENT SIAMESE CONNECTION SS333 Imperial Towers 6563 Drummond Road Imperial Towers I S CHEDULE 6563 Drummond Road OucON MEET Fire Access Route Victoria Park Towers 6521 Drummond Road DRUMMOND ROAR re Access Route Flre Access bete Imperial Towers 6563 Drummond Road ire Access Route FIRE DEPARTMENT SIAMESE CONNECTION l Passed this twenty -third day of January, 2006. First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by law to authorize the execution of an Amendment to the Niagara Region Courts Intermunicipal Agreement with The Corporation of the Town of Fort Erie, The Corporation of the Town of Grimsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold, The Corporation of the Township of Wainfleet, The Corporation of the City of Welland, The Corporation of the Township of West Lincoln and The Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Amendment to the Niagara Region Courts Intermunicipal Agreement dated the 26` day of April, 2000, with The Corporation of the Town of Fort Erie, The Corporation of the Town of Grimsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold, The Corporation of the Township of Wainfleet, The Corporation of the City of Welland, The Corporation of the Township of West Lincoln and The Regional Municipality of Niagara, being a deletion and replacement of Schedule "A" to that Intermunicipal Agreement reflecting the reporting relationships for the Provincial Offences Act Court administration staff, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Amendment to the Niagara Region Courts Intermunicipal Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Amendment to the Niagara Region Courts Intermunicipal Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR NIAGARA REGION COURTS INTERMUNICIPAL AGREEMENT AMENDMENT BETWEEN: THE CORPORATION OF THE TOWN OF FORT ERIE (hereinafter called "Fort Erie and THE CORPORATION OF THE TOWN OF GRIMSBY (hereinafter called "Grimsby") and THE CORPORATION OF THE TOWN OF LINCOLN (hereinafter called "Lincoln -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called "Niagara Falls and and THE CORPORATION OF THE TOWN OF PELHAM (hereinafter called "Pelham OF THE FIRST PART OF THE SECOND PART OF THE THIRD PART OF THE FOURTH PART THE CORPORATION OF THE TOWN OF NIAGARA -ON -THE -LAKE (hereinafter called "Niagara -on- the Lake OF THE FIFTH PART OF THE SIXTH PART 2 and THE CORPORATION OF THE CITY OF PORT COLBORNE (hereinafter called "Port Colborne and THE CORPORATION OF THE CITY OF ST. CATHARINES (hereinafter called "St. Catharines" -and- THE CORPORATION OF THE CITY OF THOROLD (hereinafter called "Thorold and THE CORPORATION OF THE TOWNSHIP OF WAINFLEET (hereinafter called "Wainfleet -and- THE CORPORATION OF THE CITY OF WELLAND (hereinafter called 'Welland and THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN (hereinafter called "West Lincoln OF THE SEVENTH PART OF THE EIGHTH PART OF THE NINTH PART OF THE TENTH PART OF THE ELEVENTH PART OF THE TWELFTH PART 3 and THE REGIONAL MUNICIPALITY OF NIAGARA (hereinafter called "the Region OF THE THIRTEENTH PART WHEREAS, by the Niagara Region Courts Intermunicipal Agreement dated April 26 2000 (the "Intermunicipal Agreement all Parties agreed, among other things, to appoint the Region as Agent to undertake the court administration, support and prosecution Program (as defined in the Intermunicipal Agreement) on behalf of all municipalities "consistent with the reporting relationships identified in Schedule A" to the Intermunicipal Agreement; AND WHEREAS Schedule A to the Intermunicipal Agreement no longer accurately reflects the actual reporting relationships; NOW THEREFORE in consideration of the promises, mutual covenants and conditions contained herein, the Parties hereto agree as follows: 1. Schedule A to the Intermunicipal Agreement is deleted in its entirety and is hereby replaced with the document entitled "Reporting Relationships" attached as Schedule A to this Amending Agreement. 2. This amendment to the Intermunicipal Agreement shall be effective as of November 22, 2005. 3. This Amending Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4. The acceptance of this Amending Agreement may be communicated by facsimile transmission reproduction between the Parties and such reproduction will be binding upon the Parties with the same effect as the executed original of the Amending Agreement. 5. In all other respects, the provisions of the Intermunicipal Agreement shall remain unchanged. 4 IN WITNESS WHEREOF the Parties hereto have executed this Amendment to the Niagara Region Courts Intermunicipal Agreement dated April 26 2000. THE CORPORATION OF THE TOWN OF FORT ERIE Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT FORT ERIE, THIS DAY OF 2006. THE CORPORATION OF THE TOWN OF GRIMSBY Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT GRIMSBY, THIS DAY OF 2006. 5 THE CORPORATION OF THE TOWN OF LINCOLN Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT LINCOLN, THIS DAY OF 2006. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT NIAGARA FALLS, THIS DAY OF 2006. 6 THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT NIAGARA -ON- THE -LAKE, THIS DAY OF 2006. THE CORPORATION OF THE TOWN OF PELHAM Per: Name: Position: Authorized Signing Officer Per Name: Position: Authorized Signing Officer DATED AT PELHAM, THIS DAY OF 2006. 7 THE CORPORATION OF THE CITY OF PORT COLBORNE Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT PORT COLBORNE, THIS DAY OF 2006. THE CORPORATION OF THE CITY OF ST. CATHARINES Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT ST. CATHARINES, THIS DAY OF 2006. 8 THE CORPORATION OF THE CITY OF THOROLD Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT THOROLD, THIS DAY OF 2006. THE CORPORATION OF THE TOWNSHIP OF WAINFLEET Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT WAINFLEET, THIS DAY OF 2006. 9 THE CORPORATION OF THE CITY OF WELLAND Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT WELLAND, THIS DAY OF 2006. THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT SMITHVILLE, THIS DAY OF 2006. 10 THE REGIONAL MUNICIPALITY OF NIAGARA Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer DATED AT THOROLD, THIS DAY OF 2006. Councils of Area Municipalities Joint Board of Management Niagara Area Courts Collections Clerks (3) POA Org Chart Dec 9, 2005 SCHEDULE A REPORTING RELATIONSHIPS Regional Council I CAO Commissioner of Corporate Services I I Director, Legal I, (In accordance with Schedule 1, s.2.2 of the MOU*) Services Manager, Court I Services (1) Supervisor, Court Administration 1 Court Monitors (5) "Section 2.2 of Schedule 1 to the October 30, 2000 MOU between the Province of Ontario and the RMN requires the RMN to "ensure that any of its prosecutors acting under the Transfer Agreement who are not lawyers are supervised by or report to the city solicitor or another lawyer designated for this purpose and that its reporting relationships are structured so that the prosecutors' exercise of discretion is not influenced by any person or body including...members of council...policing and other enforcement agencies; and...municipal financial officers." CITY OF NIAGARA FALLS By -Law No. 2006 -10 A by -law to authorize temporary borrowing, WHEREAS subsection 407(1) of the Municipal Act, 2001 (the "Act provides that at any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount council considers necessary to meet the current expenditures of the municipality for the year; AND WHEREAS the Council of the Corporation of the City ofNiagara Falls (the "Council deems it necessary to borrow up to a maximum sum of twenty -three million dollars to meet, until the taxes are collected and other revenues are received, the current expenditures of the corporation; AND WHEREAS subsection 405(1) of the Act provides that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures; AND WHEREAS By -law No. 2001 -234 is a by -law that authorized an application to the Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls (the "Corporation with respect to the acquisition of a certain rail line in the City of Niagara Falls; AND WHEREAS the Council deems it necessary to borrow up to a maximum sum of five million, dollars to meet expenditures made in connection with the acquisition of the said rail line to which By -law No. 2001 -234 refers; AND WHEREAS By -law No. 2004 -23 is a by -law that authorized an application to the Regional Municipality of Niagara for the issuance of debentures for the Corporation for the purpose of paying the City's share for construction of the Community Centre; AND WHEREAS the Council deems it necessary to borrow up to a maximum sum of fourteen million, six hundred thousand dollars for the purpose of paying the City's share for construction of the Community Centre to which By -law No. 2004 -23 refers. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (1) The Mayor and the City Treasurer and Director of Finance are hereby authorized on behalf of the Corporation to borrow, from time to time, by way of a promissory note, bankers' acceptance, operating credit line from the Corporation's financial institution, or any other bank, person, firm or corporation, a sum or sums not exceeding at any one time $23,000,000.00, to meet, until the taxes are collected and other revenues are received, the current expenditures of the Corporation including amounts required for the purposes mentioned in subsection 407(1) of the Act. (2) The Mayor and the City Treasurer and Director of Finance are hereby authorized to provide by agreement that all or any sums borrowed for any and all of the purposes mentioned in section 407 of the Act, shall, with interest thereon, be a charge upon the whole or any part or parts of the revenues of the Corporation for the current year and for all preceding years as and when such revenues are received. (3) 2 The Mayor and the City Treasurer and Director of Finance are hereby authorized to sign on behalf of the Corporation and to furnish to the lender, an agreement or agreements of the Corporation charging the said revenues of the Corporation with payment of all sums borrowed from the lender and any interest thereon and any other charges in connection therewith. (4) The City Treasurer and Director of Finance is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of taxes levied, for the current year and preceding years, or from any other source which may lawfully be applied for such purposes. 2. (1) The Mayor and the City Treasurer and Director of Finance are hereby authorized on behalf of the Corporation to borrow, from time to time, by way of a promissory note, bankers' acceptance or letter of credit or any combination thereof, from the Corporation's financial institution, or any other bank, person, firm or corporation, a sum or sums not exceeding at any one time $5,000,000.00, to meet expenditures made in connection with the acquisition of a certain rail line in the City of Niagara Falls to which By law No. 2001 234 refers. (2) The Mayor and the City Treasurer and Director of Finance are hereby authorized to provide by agreement that all or any sums borrowed for any and all of the purposes mentioned in section 405 of the Act, shall, with interest thereon, be a charge upon the whole or any part or parts of the revenues of the Corporation for the current year and for all preceding years as and when such revenues are received, and upon the application to The Regional Municipality of Niagara for the issuance of debentures for the Corporation to which By law No. 2001 234 refers, as and when the debenture proceeds are received. (3) The Mayor and the City Treasurer and Director of Finance are hereby authorized to sign on behalf of the Corporation and to furnish to the lender, an agreement or agreements of the Corporation charging the said revenues of the Corporation with payment of all sums borrowed from the lender and any interest thereon and any other charges in connection therewith. (4) The City Treasurer and Director of Finance is hereby authorized and directed to apply, in payment of all sums borrowed as aforesaid together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of taxes levied, for the current year and preceding years, or from any other source which may lawfully be applied for such purposes. 3. (1) The Mayor and the City Treasurer and Director of Finance are hereby authorized on behalf of The Corporation to borrow, from time to time, by way of a promissory note, bankers' acceptance or letter of credit or any combination thereof, from the Corporation's financial institution, or any other bank, person, firm or corporation, a sum or sums not exceeding at any one time $14,600,000.00 for the purposes of paying the City's share for construction of the Community Centre to which By law No. 2004 23 refers. (2) The Mayor and the City Treasurer and Director of Finance are hereby authorized to provide by agreement that all or any sums borrowed for any and all of the purposes mentioned in section 405 of the Municipal Act, shall, with interest thereon, be a charge upon the whole or any part or parts of the revenues of the Corporation for the current year and for all preceding years as and when such revenues are received, and upon the application to The Regional Municipality of Niagara for the issuance of debentures for the Corporation to which By law No. 2004 23 refers, as and when the debenture proceeds are received. (3) (4) The City Treasurer and Director of Finance is hereby authorized and directed to apply, in payment of all sums borrowed as aforesaid together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of taxes levied, for the current year and preceding years, or from any other source which may lawfully be applied for such purposes. 4. The Mayor, City Clerk, and City Treasurer, as the case may be, are hereby authorized to execute all documents necessary to carry out sections 1, 2 and 3. Passed this twenty -third day of January, 2006 DEAN IORFIDA, First Reading: Second Reading: Third Reading: The Mayor and the City Treasurer and Director of Finance are hereby authorized to sign on behalf of the Corporation and to furnish to the lender, an agreement or agreements of the Corporation charging the said revenues of the Corporation with payment of all sums borrowed from the lender and any interest thereon and any other charges in connection therewith. CITY CLERK R. T. (TED) SALCI, MAYOR January 23, 2006 January 23, 2006 January 23, 2006 3 Passed this twenty -third day of January, 2006. First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 CITY OF NIAGARA FALLS By law No. 2006 A by -law to authorize the execution of an Agreement with Dr. Rosmund Aidoo dated December 22, 2005, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City and the surrounding area. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated the 22 day of December, 2005 and made between The Corporation of the City of Niagara Falls as City and Dr. Rosmund Aidoo as Physician, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City and the surrounding area, subject to the terms and conditions as set out in the Agreement and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR BETWEEN: and SCHEDULE A THIS AGREEMENT entered into on the,/ kday of December, 2005 THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation incorporated under the laws of the Province of Ontario, (hereinafter called the "City"), Dr. Rosmund Aidoo, an individual residing in the Province of Ontario, (hereinafter called the "Physician") OF THE FIRST PART; OF THE SECOND PART. WHEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to the Municipal Act, 2001 (Ontario), and the regulations thereunder; AND WHEREAS the Niagara Falls Health Professional Recruitment and Retention Task Force (the "Task Force is a group of committed community volunteers whose goal is to recruit and retain qualified physicians for the City and the surrounding area; AND WHEREAS the City, upon the recommendation of the Task Force, wishes to provide incentives to physicians demonstrating a commitment to practicing medicine in the City and serving the population in and around the City (the "Community AND WHEREAS the Physician wishes to make a commitment to practicing medicine in and around the City and serving the residents of the Community; CITY OF NIAGARA FALLS By -law No. 2006 A by -law 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. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D4" and Schedule "D4" attached hereto shall be inserted in lieu thereof. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 SCHEDULE "D4" HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Tyler Berketa Dan Carter Ryan Fulton David Hindman Stan Leggett Jason McKnight Mike McLellan Dean Murray Mike Rogers Mike Van Maarren Jason White A by -law to authorize the execution of a Condominium Agreement with Klein Building Company Limited, being Blocks 64 and 65 on Plan 59M -207. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Condominium Agreement dated the 5t day of January, 2006, between Klein Building Company Limited and The Corporation of the City of Niagara Falls with respect to the lands described as Parcel 64-1 Section 59M -207; Block 64 Plan 59M -207; Parcel 65 -1 Section 59M -207; Block 65 Plan 59M -207; in the City of Niagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as set out in the Condominium Agreement, attached hereto as Schedule "N', is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Condominium Agreement, and such other agreements and documents which the City Solicitor deems necessary or desirable to carry out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the Condominium Agreement. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2005 THIS AGREEMENT made this 5 day of January, 2006. BETWEEN: KLEIN BUILDING COMPANY LIMITED Hereinafter called the "Owner and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City", Schedule page 2 of the FIRST PART of the SECOND PART WHEREAS the Owner received draft plan approval for a phased development of 16 townhouse units "the development on November 29, 2005 from The Corporation of the City of Niagara Falls under section 51 of the Planning Act, R.S.O.1990, c. P. 13, and under section 9 of the Condominium Act, 1998, S. O. 1998, c. 19 with respect to the lands described in Schedule "A AND WHEREAS the Owner wishes to proceed with the registration of a portion of the development, being 11 townhouse units; AND WHEREAS in accordance with the conditions imposed by the City, the Owner is required to enter into this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City recommending the final approval of the said plan and the mutual covenants and other good and valuable consideration, the Owner and the City hereby covenant and agree with each other as follows: LANDS AFFECTED Schedule page 3 1. The lands affected are all those described in Schedule "A" attached hereto (herein referred to as "the subject lands TAXES 2. The Owner shall pay to the Treasurer of the City, on or before the execution of this agreement by the City, all arrears of taxes (if any) including local improvement rates owing in respect of the lands and the buildings situate thereon. EXPANSION AND RENEWAL FEES/DEVELOPMENT CHARGES 3. The Owner has paid to the City all required fees and deposits associated with the development of the lands. PARKLAND DEDICATION 4. All requirements for parkland dedication were previously satisfied through the development of the Marisa Registered Plan of Subdivision (59M -207). SITE PLAN AND ZONING 5. The land is subject to a Site Plan Agreement registered on title as Instrument Number SN72552, on April 13, 2005 and the Owner will comply with all the provision of the Site Plan Agreement and Zoning By -law No. 79 -200. WASTE COLLECTION 6. The Owner agrees to comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (P W2. W07) and enter into an Indemnity Schedule page 4 Agreement with the Region, and further, that "no parking" signs will be provided along the internal driveway of the condominium development. WARNING CLAUSE 7. The following warning clause shall be included in all Offers and Agreements of Purchase and Sale: "Purchasers are advised that due to the close proximity to the Kalar Road Sewage Pumping Station there may be periodic emissions of unpleasant odours and noise from the normal or emergency operations of this facility for an unspecified duration, which may adversely affect the residents of this development." TERMS AND CONDITIONS 8. The Owner and the City acknowledge and agree that it is their intent that all the terms and conditions contained in this Agreement shall be bind upon the Owner, its successors, assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agregment and any part of parts thereof and enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A Schedule page 5 IN WITNESS WHEREOF the Owner and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. KLEIN BUILDING COMPANY LIMITED Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk Firstly: Parcel 64 -1 Section 59M -207; Block 64 Plan 59M -207; S/T LT91639, RO628304; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64301- 0108(LT). Secondly: Parcel 65 -1 Section 59M -207; Part of Block 65 Plan 59M -207; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64301- 0107(LT). SCHEDULE "A" Schedule page 6 to an Agreement dated the 5 day of January, 2006 between KLEIN BUILDING COMPANY LIMITED, of the First Part and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the Second Part CITY OF NIAGARA FALLS By -law No. 2006 A by -law to designate portions of Lots 325, 326, 327 328, Registered Plan 40, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as delegated by Ontario Regulation 476/83, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land hereinafter described is zoned by By -law No. 2001 -266 to permit the erection of on- street townhouse dwellings thereon; AND WHEREAS the owner of the said land is desirous of creating property lines between the existing on- street townhouse dwelling units to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to those portions of Lots 325, 326, 327 328, Registered Plan 40, described as Parts 1 to 5 (inclusive) on Reference Plan 59R- 12855, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 CITY OF NIAGARA FALLS By law No. 2006 A by -law to amend By -law No. 79 -200, to permit the erection of a one family detached dwelling in a HL zone. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet E6 of Schedule "A" to By -law No. 79 -200 is amended by numbering 734, the land on the north side of Bridgewater Street, being Part of the Oliver Street road allowance, lying between Bridgewater Street and the Welland River, being Part 1 on Reference Plan 59R- 11790, in the former Village of Chippawa, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated HL and numbered 734 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 16.1 and 16.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated HL and numbered 734 on the plan Schedule 1 attached hereto, or erect or use any buildings or structures thereon for the purpose of a one family detached dwelling, except in compliance with the following regulations: (a) Minimum lot area (b) Minimum front yard depth (c) Minimum building setback from the 171.75 metre contour line established by the Niagara Peninsula Conservation Authority (d) Minimum interior side yard width (i) for a one storey, one and one half storey and a split level building (ii) for a building with two or more storeys the whole of the land described in section 1 of this by -law and shown hatched and designated HL and numbered 734 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 8.4 metres prior to any road widening 9 metres 1.2 metres 1.8 metres (e) Maximum height of building 10 metres subject to section 4.7 of By-law No. or structure 79 -200 (f) Maximum floor area of all 80 square metres buildings and structures 3. Section 19 of By-law No. 79 -200 is amended by adding thereto the following: 19.1.734 Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Notwithstanding the provisions of sections 16.1 and 16.2 of By-law No. 79- 200, no person shall use the land on the north side of Bridgewater Street, being part of the Oliver Street road allowance, designated HL and numbered 734 on Sheet E6 of Schedule "A" or erect or use any buildings or structures thereon for the purpose of a one family detached dwelling, except in compliance with By -law No. 2006- January 23, 2006 January 23, 2006 January 23, 2006 -2- SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Amending Zoning By -law No. 79 -200 Description: Part of the Oliver Street road allowance, lying between Bridgewater Street and the Welland River, in the former Village of Chippawa, being Part 1 on Reference Plan 59R- 11790, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Ralph Terrio ASSESSMENT 272512000500200 s 1:NTS AM- 06/2005 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to permit a retail store as a temporary use. WHEREAS pursuant to Section 39 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize the temporary use of land for any purpose set out therein that is otherwise prohibited by the by -law; AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable to enact such a by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 737, the land on the east side of Montrose Road, opposite Preakness Street, being Part of Township Lot 115, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated LI and numbered 737 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 11.2.1 and clauses (d) and (j) of section 11.2.2 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 737 on plan Schedule 1 attached hereto, or the use of the existing building thereon, for the purpose of a retail store, for a period of up to three years from the date on which this by -law is passed, except in compliance with the following regulations: (a) Maximum floor area 140 square metres (b) Minimum southerly side yard 3.3 metres (c) Minimum landscaped open space 25% of the lot area and 15% of the required front yard 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.737 None of the provisions of section 11.2.1 and clauses (d) and (j) of section 11.2.2 of By -law No. 79 -200 shall apply to prevent the use of the land located on the east side of Montrose Road, opposite Preakness Street, designated LI and numbered 737 on Sheet B4 of Schedule "A or the use of the existing building thereon, for the purpose of a retail store, for a period of up to three years from the date on which By -law No. 2006- is passed. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land O Q Description: 0K NESS ST Applicant: Angelo Marino Assessment 272509000307400 K: \GIS_ Requests \2005 \schedules\zoningAM\AM -25 \mapping. map Amending Zoning By -law No. 79 -200 Part of Township Lot 115, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara N S 1:NTS AM- 25/2005 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to permit an accessory residential use and to recognize the existing landscaped open space and southerly interior side yard width. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 736, the land on the east side of Montrose Road, opposite Preakness Street, being Part of Township Lot 115, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated LI and numbered 736 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of clauses (d) and (j) of section 11.2.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated LI and numbered 736 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum southerly interior side 3.3 metres yard width (b) Minimum landscaped open space 25% of the lot area and 15% of the required front yard 3. None of the provisions of section 11.2.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 736 on the plan Schedule 1 attached hereto, or the use of the existing building or structure thereon, for the purpose of one dwelling unit in combination with another permitted use, provided that such dwelling unit has a total floor area of no more than 100 square metres and that it is located entirely above the ground floor, save and except for entrances. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.736 (a) Notwithstanding the provisions of clauses (d) and (j) of section 11.2.2 of By -law No. 79 -200, no person shall use the land on the east side of Montrose Road, opposite Preakness Street, designated LI and numbered 736 on Sheet B4 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2006- (b) None of the provisions of section 11.2.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the east side of Montrose Road, opposite Preakness Street, designated LI and numbered 736 on Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Sheet B4 of Schedule "A or the use of the existing building or structure thereon, for the purpose of one dwelling unit in combination with another permitted use, except in compliance with By -law No. 2006- January 23, 2006 January 23, 2006 January 23, 2006 -2- SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: iii Applicant: Angelo Marino Assessment 272509000307400 Part of Township Lot 115, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara K: \GIS_Requests\ 2005 \Schedules\zoningAM\AM -25 \mapping. map Amending Zoning By -law No. 79 -200 1:NTS AM- 25/2005 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to recognize the subject land as one lot for the purposes of providing parking and to incorporate the provisions of By law No. 93 96. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B3 of Schedule "A" to By -law No. 79 -200 is amended by numbering 718, the land on the east side of Montrose Road, north of Industrial Street, being Lot 10 according to Plan No. 160, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and renumbering from 323 to 718, the land on the northeast comer of Montrose Road and Industrial Street, being Lot 11 according to Plan No. 160, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated LI and numbered 718 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land described in section 1 of this by -law and shown hatched and designated LI and numbered 718 on the plan Schedule 1 attached hereto shall be considered one lot. 3. None of the provisions of section 11.2.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 718 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, for the purpose of an establishment for building material sales. 4. None of the provisions of clauses (c), (e) and (j) of section 11.2.2 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 718 on the plan Schedule 1 attached hereto, or the erection or use of a building or structure thereon, except in compliance with the following regulations: (a) Minimum front yard depth 5.5 metres plus any applicable distance specified in section 4.27.1 of By -law No. 79- 200 (b) Minimum exterior side yard width 4 metres (c) Minimum landscaped open space 5% of the lot area, including: a minimum of 60% of the required front yard a minimum of 24% of the required exterior side yard a 3.0 metre wide strip, parallel to and along the Industrial Street road allowance within the rear yard, save and except for one driveway entrance 19.1.718 Passed this twenty -third day of January, 2006. First Reading: Second Reading: Third Reading: (b) January 23, 2006 January 23, 2006 January 23, 2006 -2- 5. Section 19 of By -law No. 79 -200, is amended by adding thereto the following: (a) Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land on the northeast corner of Montrose Road and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A" shall be considered one lot. None of the provisions of section 11.2.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the northeast corner of Montrose Road and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of an establishment for building material sales, except in compliance with By -law No. 2005- (c) None of the provisions of clauses (c), (e) and (j) of section 11.2.2 of By -law No. 79 -200 shall apply to prevent the use of land on the northeast corner of Montrose Road and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A" or the erection or use of any building or structure thereon, except in compliance with By -law No. 2005- 6. Clause 19.1.323 of section 19 of By -law No. 79 -200 is deleted and By -law No. 93 -96 is repealed. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2006 Subject Land A Amending Zoning By -law No. 79 -200 Description: Lots 10 and 11 according to Plan No. 160, in the former Township of Stamford, now m the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Alfieri Building Supplies Assessment 272509000305000 272509000305100 s 1:NTS AM- 11/2005 First Reading: January 23, 2006 Second Reading: January 23, 2006 Third Reading: January 23, 2006 CITY OF NIAGARA FALLS By law No. 2006 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and maps constituting Amendment No. 64 to the City of Niagara Falls Official Plan are hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This By -law shall come into force and take effect on the day of final passing thereof. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 64 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE Amendment No. 29 to the Official Plan of the Niagara Falls Suburban Planning Area (Willoughby Section) is hereby amended by adding the phrase "or a bed and breakfast operation" following the words "A home industry" in Policy 3(5), Part III.5. 2. TEXT CHANGE Amendment No. 6 to the Official Plan of the Welland Planning Area Township of Crowland Section is hereby amended by adding the phrase "or a bed and breakfast operation" following the words "A home industry" in the third paragraph of Policy (h). 3. TEXT CHANGES I. The following name changes shall apply to the whole of the Official Plan: "Ministry of the Environment and Energy" to the "Ministry of the Environment "Ministry of Citizen, Culture and Recreation" to the "Ministry of Culture "Regional Health Services Department" to "Regional Public Health Department and "Local Architectural Conservation Advisory Committee (L.A.C.A.C.)" to "Municipal Heritage Committee (M.H.C.) II. PART 1 PREAMBLE The following change shall apply to the Preamble of Part 1, Section 3: PREAMBLE is amended by adding the following as the third paragraph: "Where any of the policies of this Plan refer to an Ontario Ministry, the reference to such Ministry shall continue to apply regardless of any change in title to the Ministry and/or any successor Ministry that may become responsible for the subject policies." III. PART 2 LAND USE POLICIES (a) All of the following changes shall apply to PART 2, SECTION 2 PARKWAY RESIDENTIAL: (b) 2 POLICY 2.3 is amended by adding the following sentence as the first sentence: "The Niagara Parkway is designated a controlled access highway under the Niagara Parks Act." POLICIES 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, and 2.10, Part 2 are hereby renumbered to 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11, Part 2 (respectively). A new POLICY 2.4 shall be inserted as follows: "2.4 Niagara Parks Commission approval is required for such things as, but not limited to, access to roads, signs, shoreline docks, shorewells, and adjacent property uses within the limits set out by the Niagara Parks Act and the Public Transportation and Highway Improvement Act and accompanying Regulations." The following change shall apply to PART 2, SECTION 3 COMMERCIAL: POLICY 3.5.5.3 is amended by inserting the word `with" between the words "massing" and "adjacent (c) All of the following changes shall apply to PART 2, SECTION 7 GOOD GENERAL AGRICULTURAL: POLICY 7.3.3, Part 2 is amended by deleting the entire second sentence. POLICY 7.4.1, Part 2 is amended by deleting the phrase "farm retirement lots and new" after the word "New" in the second sentence. POLICY 7.9, Part 2 is amended by adding the phrase "or a bed and breakfast operation" following the words "A home industry". (d) The following change shall apply to PART 2, SECTION 10 EXTRACTIVE INDUSTRIAL: POLICY 10.6 is amended by inserting the following sentence between the third and fourth sentences: "Development on, or adjacent to former mineral mining or aggregate operations may be permitted only if rehabilitation measures to address and mitigate known or suspected hazards, including natural hazards such as steep slopes, are under way or have been completed." 3 (e) All of the following changes shall apply to PART 2, SECTION 12 ENVIRONMENTAL PROTECTION AREA: PREAMBLE is amended by adding the sentence "The diversity and connectivity of these natural features contribute to the overall function and health of natural areas and should be maintained, restored, or where possible, improved." as the third sentence in the second paragraph. POLICY 12.4 is amended by deleting the first sentence and replacing it with "Development within or adjacent to significant wetlands or significant habitats of threatened or endangered species will not be permitted. Development within other natural resources designated Environmental Protection Area will not normally be permitted. For the purposes of this policy "adjacent lands" shall be defined as lands contiguous to the identified natural heritage feature to the extent recommended by the Province or Region of Niagara, whichever is greater." and by adding "as per Policy 3.3.4, Part 3" to the end of the last sentence. POLICY 12.5 is amended by adding "or on any natural features and their function and connectivity" after the words `Environmental Protection Area POLICY 12.12 is amended by deleting "Thompson Creek "Warren Creek "Usshers Creek and "as well as the portion of Lyons Creek west of the Q.E.W." from the first sentence and by adding "The Regional Floodline shall apply to Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W -6 -5." between the third and fourth sentences. POLICY 12.14 is deleted in its entirety and replaced with the following: "12.14 Where filling activities are proposed within regulated areas identified by Fill Schedules appended to the Niagara Peninsula Conservation Authority's Fill Construction and Alteration to Waterways Regulation a permit is required from the Niagara Peninsula Conservation Authority. Large construction projects may be required to submit a "Fill Disposal Plan" to the satisfaction of the Director of Municipal Works where development will require the disposal of excavation spoils or fill from construction sites." Two new POLICIES 12.15 and 12.16 are added: "12.15 Works along or adjacent to the Niagara River for such things as shoreline docks, shorewells, require approval from the Niagara Parks Commission Activities and are monitored in conjunction with the Niagara Peninsula Conservation Authority and/or the Ministry of Natural Resources." 4 12.16 A natural area known as the `Treed Moraine' forms a backdrop to the Horseshoe Falls and Queen Victoria Park between Clifton Hill and Burning Springs Hill. It is a complex landscape which needs to be protected, properly maintained and stabilized and is recognized as an important local, regional and international landscape. This forested slope separates the urban, commercial development at the top of the moraine and the natural area of the Niagara Parks. Development in close proximity to the moraine should have regard to the moraine Management Plan." IV. PART 3 ENVIRONMENTAL MANAGEMENT (a) The following changes shall apply to SECTION 1 MUNICIPAL INFRASTRUCTURE: PREAMBLE is amended by deleting the third paragraph and replacing it with the following: "Equally important is a transportation system which is integrated, safe and efficient, facilitating the movement of people and goods within and outside of the City. The needs of all users in the City have to be considered in transportation. Users include: pedestrians, bicyclists, transit users, those with disabilities, automobiles, trucks, local residents, and visitors. Other utilities and services are to be coordinated in an appropriate manner to meet the needs of existing and future land uses in the City." POLICIES 1.1.2 to 1.1.9 (inclusive), Part 3 are renumbered as 1.1.3 to 1.1.10 (inclusive). A new POLICY 1.1.2 is added as follows: "1.1.2 Recognizing a growing concern for the environment and contamination of its receiving waters due to combined sewer overflows and storm water discharges, the City shall implement a strategy for the systematic reduction or mitigation of these sources within its boundaries. The City has developed a comprehensive strategy to: control and/or eliminate combined sewer overflows, provide consideration for storm water pollution control and the determine the requirements for future servicing and infrastructure rehabilitation in the City." 5 POLICY 1.2.1 is amended by adding "the Niagara Region," after the word "Council," in the second sentence. POLICIES 1.2.5 to 1.2.6 are renumbered as 1.2.6 to 1.2.7 respectively. A new POLICY 1.2.5 is added as follows: "1.2.5 Storm water management plans shall incorporate the use and creation of naturalized overland systems. Naturalized off stream and/or on- stream ponds and wetlands are encouraged to properly regulate and control water quantity and quality flows going into natural watercourses. In addition to controlling water quality and quantity, such systems shall be as natural as possible to create habitat areas and where applicable will be used to provide linkages to other natural features. From a technical perspective the construction of such systems shall be in accordance with the Ministry of the Environment's Planning and Design Manual (March 2003), as amended from time to time, and any other applicable Provincial guidelines and Council approved policies." POLICIES 1.3.1, 1.3.2, 1.3.3 and 1.3.6 are hereby deleted. A new POLICY 1.3.1 is added as follows: "1.3.1 The City, in recognition of the environment, encourages the application of the three `R's, namely: reducing, reusing and recycling, in solid waste management. Further, the City supports the concept of a central composting facility and public education programs." POLICIES 1.3.4, 1.3.5 and 1.3.7 are renumbered to 1.3.2, 1.3.3 and 1.3.4 respectively. POLICY 1.4.1 is amended by the addition of the following sentence as the last sentence: "Along with traffic efficiency and vehicle safety, this Plan also recognizes that the entire road corridor serves as a pedestrian realm and contributes to street character. In order to attain the goal of the attractive, efficient road corridor, the following policies are to be read in conjunction with the Amenity and Design strategy in Part 3, Section 5 of this Plan. The design of the road corridor shapes the character, function and livability of the adjacent land uses and neighbourhoods." 6 POLICY 1.4.2.1 is amended by the addition of the following new paragraph: "Provincial Highways in Niagara Falls include: The Queen Elizabeth Way (Q.E.W.) which travels from the north to south City limits; Highway 420 from Regional Road 420 (Roberts Rd) to the Q.E.W.; and Highway 405 south of Niagara Townline Road." POLICIES 1.4.2.2, 1.4.2.3, 1.4.2.4, 1.4.2.5 and 1.4.2.6 are deleted and replaced with the following: "1.4.2.2 Niagara Parkway is considered to be a scenic road that is classified as a controlled access highway. This road network functions primarily as an arterial roadway for the benefit of tourist traffic along the Niagara River. Design, road allowance widths, use, alignment and access are regulated by the Niagara Parks Commission. 1.4.2.3 International Crossings these two international boundary crossings at the Rainbow Bridge and Whirlpool Bridge represent critical links in the transportation networks of Ontario and New York State. Development activity in the vicinity of these crossings should consider the impacts on the transportation systems, particularly as it pertains to traffic queues at the inspection plazas. 1.4.2.4 Arterial Roads include all roadways under the Region's and City's jurisdiction that are designed to accommodate large volumes of traffic between major land use areas in the City. Regional Arterial Roads are designed to accommodate the movement of large volumes of traffic and function as secondary highways and primary arterial roads. Design road allowance width, use, alignment and access are regulated by the Regional Municipality of Niagara. Road widths vary from 20m to 35m. City Arterial Roads accommodate two to four lanes of traffic and have a general road allowance width of 26m. Direct access to adjoining properties and on- street parking will be restricted as much as possible to enhance the free flow of traffic. The road allowance may accommodate transit routes with bus 7 lay -bays and shelters and/or bicycle facilities such as bike lanes, shared use lanes and paved shoulders. The use of shared driveways to larger development projects will be encouraged in the urban areas. Regional and certain City roadways that function as arterial roads, primarily in the tourist core area, are subject to the policies described in the "tourist commercial roads" classification. 1.4.2.5 Collector Roads include all roadways under the City's jurisdiction that are designed to accommodate moderate to high volumes of medium distance traffic between the Arterial Road and Local Roads. The roadways in this classification are generally two lanes, undivided with a road allowance width of 20m -23 m which will allow the addition of turning lanes, bicycle paths, bus lay -bays and shelters, landscaping, sidewalks and utility corridors. Traffic and parking controls should be considered. Access to abutting properties should be regulated to ensure that the normal flow of traffic and pedestrian safety is not adversely impacted. 1.4.2.6 Local Roads are intended to provide access to abutting properties and carry traffic predominantly of a local nature. Typically roadways in this section carry low volumes of traffic short distances. Local roads generally are designed to accommodate on- street parking, sidewalks and limited landscaping in the boulevards. All local road allowances are to be 20m in width however there may be cases when they may be less than 20m under special circumstances approved by Council." POLICY 1.4.4 is deleted in its entirety and is replaced with the following: "1.4.4 Road right -of -ways can provide for a variety of functions. Regional and City arterial roads and collector roads within the Tourism Districts as shown on Schedule F of this Plan perform two equally important functions: an efficient, functional vehicular network, and an attractive, pedestrian- friendly public space. Therefore, it is important that these roadways be of sufficient width to accommodate adequate traffic and turning lanes as well as desired streetscape improvements as detailed in the Tourist Area Streetscape Master Plan. In its implementingby -law, 8 the City shall establish a building setback width of 26m from the centre line of the original road allowance for those roads identified in the Streetscape Master Plan." POLICIES 1.4.5 to 1.4.12 (inclusive) are renumbered as 1.4.6 to 1.4.13 (respectively) and Policies 1.4.13, 1.4.14, 1.4.15, and 1.4.16 are renumbered as 1.4.15, 1.4.16, 1.4.17 and 1.4.18. POLICY 1.4.5 is deleted in its entirety and is replaced with the following: "1.4.5 The City will determine and implement the long term road network needs having regard to the Transportation Master Plan. It is intended that the utilization of existing transportation infrastructure will be maximized before new transportation infrastructure is constructed and that opportunities will be available for all residents to use a variety of transportation modes. Appropriate transportation linkages will be developed in order to provide efficient movement of people and goods both within and outside the City." POLICY 1.4.8 is amended by replacing the word "acquisition" in the first sentence with "dedication" and by deleting the words "development approval" and adding the following after the words "as a condition of': "site plan control, consent to sever or plan of subdivision when such road construction or widening is contemplated within a five -year time space. Road widenings may be required to expand the width of the travelled portion of the roadway, servicing locations, including ditches and drains." POLICY 1.4.9 is amended by deleting the road classifications and daylighting requirements chart and replacing it with the following: "Road Classification of Daylighting Requirements Intersecting Streets Within the Urban Area Boundary: Local to Local or Collector Local to Arterial; and Collector to Collector Collector to Arterial Outside of the Urban Area Boundary: 5m x 5m triangle 7 m x 7 m triangle 12 m x 12 m triangle 15 m x 15 m triangle" Road Classification and Proposed Road Allowance Widths (m) Arterial Collector Road From To Regional* City Ailanthus Avenue McLeod Road Dunn Street 23 Alex Avenue McLeod Road Crimson Drive 20 Allendale Ave Ferry St Dixon St 23 Alpine Drive Montrose Road Brookdale Drive 20 Badger Road Charnwood Avenue Montrose Road 20 Baker Road Lapp Road East City Limit 23 Barker Street Dorchester Road Main Street 20 Beaverdams Road Thorold Townline Rd Kalar Road 26 Beaverdams Road Kalar Road Lundy's Lane 23 Beck Road Lyons Creek Road Gonder Road 23 Beechwood Road Taylor Road Brown Road 26 Bender Street Victoria Avenue Falls Avenue 23 Biggar Road West City Limit Montrose Road 26 Bossert Road Beck Road King Road 26 Bossert Road King Road Ort Road 23 Bossert Road Ort Road Niagara Parkway 26 Bridge Street Stanley Avenue Victoria Avenue 20.1 9 POLICY 1.4.11 is amended by deleting the words "Major Collector and" in the first sentence. POLICY 1.4.13 is amended with the addition of the following sentence at the end of the policy: "A transportation study to assess the current and future impact of the development may be required." A new POLICY 1.4.14 is added as follows: "1.4.14 The long term impacts on population growth, tourist visitation, land use, public finances and the environment will be taken into consideration in any decisions regarding major transportation improvements." POLICY 1.4.17 is amended by deleting the word "approval" and replacing it with words "control or lot creation" and that the words "wherever feasible" be added after the word "centreline" in the first sentence. POLICY 1.4.17 is further amended by deleting the words "topographical features or other situations" and replacing them with the words "topography, existing or proposed development, utilities or other constraints" and by deleting the words "site plan control" and replacing them with the words "the planning application" in the second sentence. POLICY 1.4.18 is deleted in its entirety and replaced with the following: "1.4.18 The proposed widths of roads are as follows: Bridge Street Victoria Avenue River Road 23.2 Brookdale Drive Thorold Stone Road Alpine Drive 20 Brown Rd West City Limit Montrose Rd 26 Buchanan Avenue Ferry Street Highway 420 26 Buttrey Street Victoria Avenue River Road 20 Calendonia Street Dorchester Road Dunn Street 20 Canadian Drive Montrose Road Pin Oak Drive 23 Cardinal Drive Montrose Road Thorold Stone Rd 23 Carl Road McCredie Road West City Limit 20 Caronpost Road Willoughby Drive East City Limit 20 Casey Street Dorchester Road Harriman Street 20 Catalina Street Kalar Road Pitton Road 20 Cattell Drive Willoughby Drive East City Limit 20 Charnwood Avenue Montrose Road Montrose Road 20 Chippawa Creek Rd West City Limit Montrose Road 26.2 Chippawa Parkway Dorchester Rd Stanley Ave 26 Chippawa Parkway Stanley Avenue Portage Road 23 Church's Lane St. Paul Avenue Whirlpool Road 23 Clark Avenue Ferry Street Robinson Street 26 Clifton Hill Victoria Avenue River Road 23 Corwin Crescent Drummond Road Stokes Street 20 Crimson Drive Drummond Road Alex Avenue 20 Crowland Avenue Grassy Brook Road Netherby Road 23 Cummington Square Front Street Main Street 26 Dell Road Lyons Creek Road Rexinger Road 23 Delta Drive Montrose Road Montrose Road 20 Detenbeck Road Ort Road Niagara Parkway 23 Dixon Street Drummond Road Allendale Avenue 23 Dixon Street Allendale Avenue Fallsview Blvd 26 Don Murie Street Stanley Avenue West Limit 26 Dorchester Road Chippawa Parkway Oldfield Road 26 Dorchester Road Oldfield Road McLeod Road 23 Dorchester Road Mountain Road McLeod Road 26 Drummond Road Thorold Stone Rd McLeod Road 26 Dunn Street Dorchester Road Drummond Road 20 Dunn Street Drummond Road Stanley Ave 26 Dunn Street Stanley Avenue Fallsview Blvd 26 Earl Thomas Avenue Progress Street Don Murie Street 26 Ellen Avenue Ferry Street Walnut Street 20 Falls Avenue Rainbow Bridge Clifton Hill 20 Fallsview Boulevard Ferry Street Portage Road 26 Fallsview Boulevard Portage Road Livingstone Street 26 Ferguson Street Victoria Avenue River Road 20 Ferry Street Stanley Ave Victoria Ave 26 Ferry Street Main Street Stanley Avenue 23.2 Forsythe Street Stanley Avenue Lewis Avenue 20 Frederica Street Dorchester Road Drummond Road 20 Gallinger Street Drummond Road Portage Road 43 Gamer Road Mountain Road Chippawa Creek Rd 26 Glengate Street Drummond Road Pettit Avenue 20 Gonder Road Montrose Road Beck Road 23 Grassy Brook Road Montrose Road West Limit 23 Harriman Street Harte Circle Dorchester Avenue 20 Harvard Avenue Wiltshire Boulevard Oxford Street 20 Hiram Street River Road Ontario Avenue 23 Huron Street Victoria Avenue Ontario Avenue 20 Jubilee Drive McLeod Road Dorchester Road 20 Kalar Road Mountain Road Montrose Road 26.2 Kalar Road Montrose Road Thorold Stone Rd 26 Kalar Road Thorold Stone Rd. McLeod Road 30 Kalar Road McLeod Road Chippawa Creek Rd 26 King Road Bossert Road Baker Road 26 Kister Road Ramsey Road Chippawa Parkway 26 Kitchener Street Victoria Avenue Portage Road 20 Koabel Road Montrose Road Willodell Road 26 10- Lapp Road Baker Road South City Limit 26 Lemon Road Montrose Road Willodell Road 23 Lewis Avenue Forsythe Street Kitchener Street 20 Lincoln Street Crowland Avenue West Limit 23 Livingstone Street Stanley Avenue Fallsview Blvd 26 Logan Road Beck Road Ort Road 23 Lundy's Ln (Hwy 20) West City Limit Garner Road 35 Lundy's Ln (Hwy 20) Garner Road Main Street 26.2 Lyon's Creek Road Montrose Road Sodom Road 26.2 Main St (Chippawa) Willoughby Drive Niagara Parkway 23 Main St (Chippawa) Sodom Road Willoughby Drive 26 Main Street Fallsview Boulevard Summer Street 23 Marineland Parkway Stanley Avenue Portage Road 26 Marineland Parkway McLeod Road Stanley Avenue 30.5 Marshall Road Willodell Road Nia• ara Parkway 23 Matthews Drive Mount Carmel Blvd Montrose Road 23 Mayfair Drive Sinnicks Avenue Swayze Drive 20 McCourt Road Willodell Road Beck Road 23 McCredie Road Carl Road Willodell Road 23 McGarry Drive Kalar Road West Limit 23 McKenney Road Grassy Brook Road Young Road 23 McKenney Road Schisler Road Netherby Road 23 McLeod Road Oakwood Drive Marineland Pkwy 30.5 McLeod Road Thorold Townline Rd Montrose Road 30 McRae Street Stanley Avenue Victoria Avenue 20 Mewbum Road Mountain Road Scholfield Street 20 Mewbum Road Mountain Road North City Limit 26 Miller Road Sodom Road Niagara Parkway 23 Misener Road Carl Road Schisler Road 23 Misener Road Yokom Road Netherby Road 23 Montrose Road Mountain Road McLeod Road 26.2 Montrose Road McLeod Road Welland River 30.5 Montrose Road Welland River South City Limit 26.2 Momingstar Road King Road Sodom Road 23 Morris Road Lincoln Street Netherby Road 26 Morris Road Grassy Brook Road Schisler Road 26 Morrison Street Montrose Road Dorchester Road 30 Morrison Street Dorchester Road Stanley Avenue 26 Morrison Street Stanley Avenue Victoria Avenue 20 Mount Carmel Blvd Kalar Road Montrose Road 23 Mountain Road Taylor Rd (Beechwood Rd) Portage Rd 26.2 Murray Street Drummond Road Allendale Avenue 23 Murray Street Allendale Avenue River Road 26 Netherby Road West City Limit Montrose Rd 30.5 Niagara Townline Rd St. Paul Ave Stanley Ave 26 North Street Drummond Road Stanley Avenue 23 North Street Stanley Avenue Buchanan Avenue 26 O'Neil Street Dorchester Road Portage Road 20 Oakwood Drive McLeod Road Montrose Road 23 Old McLeod Road Ailanthus Avenue East Limit 23 Olden Avenue Mountain Road Casey Street 20 Oldfield Rd Dorchester Rd Drummond Rd 26 Ontario Avenue Park Street Palmer Avenue 20 Ontario Avenue Hiram Street Bender Street 20 Ort Road Bossert Road Baker Road 23 Oxford Street Harvard Avenue Dorchester Road 20 Paddock Trail Drive Kalar Road Brookdale Drive 20 Palmer Avenue Ontario Avenue Bender Street 20 Park Street Victoria Avenue River Road 20 Pettit Avenue Dorchester Road Glen ate Street 20 Pin Oak Drive McLeod Road South Limit 26 Pitton Road Catalina Street Westwood Street 20 Portage Road Stanley Avenue Mountain Road 26.2 Portage Road Mountain Road O'Neil Street 23 Portage Road Thorold Stone Rd O'Neil Street 26 Portage Road Thorold Stone Rd Gallinger Street 20 Portage Road Summer Street Gallinger Street 23 Portage Road Fallsview Blvd Marineland Pkwy 26 Portage Road Marineland Parkway Front Street 26 Preakness Street Paddock Trail Drive Montrose Road 23 Preston Avenue Paddock Trail Drive Brookdale Drive 20 Progress Street Stanley Avenue West Limit 26 Queen Street Victoria Avenue River Road 23 Ramsey Road Stanley Avenue Kister Road 26 Rexinger Road West Limit Lyons Creek Road 23 Rexinger Road Stanley Avenue (West) Ort Road 23 Riall Street Dorchester Road St. Paul Avenue 20 Ridge Road Montrose Road West Limit 23 Roberts Road Stanley Avenue Falls Road 41.2 Robinson Street Allendale Avenue Queen Victoria Pk 26 Sarah Street Main Street East Limit 20 Sauer Road Willodell Road Sodom Road 26 Schaubel Road Schneider Road South Limit 23 Schihl Road Netherby Road South City Limit 26 Schisler Road West City Limit Misener Road 30.5 Schisler Road Misener Road Montrose Road 26.2 Schisler Road Montrose Road Beck Road 26 Schneider Road Montrose Road Schaubel Road 23 Sherk Road King Road Ort Road 23 Sherk Road Sodom Road Niagara Parkway 23 Sinnicks Avenue Thorold Stone Road Mayfair Drive 20 Sodom Road South City Limit Lyon's Creek Rd 26.2 Somerville Road Sodom Road Niagara Parkway 23 St. Paul Avenue O'Neil Street Mountain Road 26 St. Paul Avenue Mountain Road North City Limit 26.2 Stanley Avenue Niag. Townline Rd Highway 420 26.2 Stanley Avenue Highway 420 Lyon's Creek Road 30.5 Stanley Avenue Lyon's Creek Road Marshall Road 26 Swayze Drive Portage Road Stanley Avenue 23 Taylor Road Thorold Townline Rd North City Limit 26.2 Thorold Stone Road West City Limit Garner Road 35 Thorold Stone Road Garner Road Stanley Avenue 26.2 Thorold Townline Rd Brown Road North City Limit 26.2 Valley Way Drummond Road Queen Street 23 Victoria Avenue Ferry Street Highway 420 26 Victoria Avenue Highway 420 Bridge Street 23 Victoria Avenue Bridge Street Niagara Parkway 26 Watson Street Montrose Road Beaverdams Road 20 Weaver Road Ort Road Niagara Parkway 26 Weinbrenner Road Sodom Road Willoughby Drive 23 Westwood Avenue Chamwood Avenue Kalar Road 20 Whirlpool Road Stanley Avenue Niagara Parkway 23 Willick Road Ort Road Willoughby Drive 23 Willodell Road Lyons Creek Road Schneider Road 23 Willoughby Drive Cummington Square Weaver Road 26 Willoughby Drive Weaver Road Somerville Road 23 Woodbine Street Kalar Road Montrose Road 23 Woodgate Street Dorchester Road Olden Avenue 20 Yokom Road Montrose Road West Limit 23 Young Road Montrose Road West Limit 23 -12- These road allowance widths shall not come into effect until the approval of Regional Policy Plan Amendment 2 -2005. Where there is a conflict between the right -of -way widths listed herein and the Regional Niagara Policy Plan the Regional Policy Plan shall apply. (b) 13 A new POLICY 1.4.19 be added as follows: "1.4.19 The transfer of road jurisdictions to and from the Niagara Region shall proceed through amendment to this plan however where there has been a transfer of road authority, the road allowance listed in the Plan of the previous road authority shall continue to apply until an amendment has received approval." The following changes shall apply to SECTION 2 PARKLAND STRATEGY: POLICIES 2.4.1 and 2.4.2 are deleted in their entirety and replaced with the following: "2.4.1 Where appropriate, parks will be linked with other open space systems such as watercourse areas, woodlots, hydro corridors and storm water management areas. 2.4.2 Portions of woodlots or storm water management area may be considered for trail purposes only in unique circumstances where locational and operative situations are suitable and where sufficient lands have been provided for active playground uses which are not subject to major flooding, poor drainage, erosion, steep slopes or other environmental or physical conditions which would interfere with such park development." POLICY 2.4.4 is deleted. (c) The following changes shall apply to SECTION 3 CONSERVATION STRATEGY: PREAMBLE is amended by deleting the phrase "buildings and structures that are of historical and/or architectural value" in the third sentence of the second paragraph and replacing it with "..buildings, structures and landscapes that are of cultural heritage value or interest." PREAMBLE is further amended by moving the fifth sentence of the second paragraph to form the beginning of a new third paragraph and that this sentence be amended by deleting the word "marshes" and replacing it with the word "wetlands and by adding the words "wildlife habitats, areas of importance to surface and groundwater quality, areas of natural or scientific interest," after the words "forested land 14 PREAMBLE is further amended by the addition of the following phrase after the words "future needs" in the second sentence of the third paragraph: "and to protect the diversity and interdependence of these natural areas to maintain and improve their natural functions POLICY 3.2.1 is amended by deleting the phrase "preservation, maintenance and designation ofhistoric and architecturally significant buildings, structures, sites or districts" and replacing it with "identification, protection and/or management of properties of cultural heritage value or interest POLICY 3.2.2 is amended by deleting the phrase "various historically or architecturally significant buildings, structures, sites or districts" and replacing it with "properties of cultural heritage value or interest POLICY 3.2.3 is amended by deleting the phrase "potential heritage buildings, structures, sites and districts" and replacing it with "built heritage resources and cultural landscapes" and by deleting the words "buildings and structures" and replacing them with the word "properties" in the second sentence. POLICY 3.2.3.1 is amended by adding the words "or cultural" after the word "historical POLICY 3.2.4 is amended by deleting the word "evaluating" and replacing it with "identifying POLICIES 3.2.4.1, 3.2.4.2, and 3.2.4.3 are amended by replacing the word "buildings" with "buildings /properties POLICIES 3.2.5 to 3.2.11 (inclusive) are renumbered as 3.2.6 to 3.2.12. A new POLICY 3.2.5 is added as follows: "3.2.5 The Council shall undertake a study of any area of the Municipality being considered as a Heritage Conservation District. This Study shall be based on the criteria contained in Policy 3.2.5 and any applicable Provincial Guidelines and will: a) outline the geographic boundaries of the area to be designated; b) identify the context, appearance, features and characteristics to be preserved; c) provide recommendations on the objectives of the designation and what is to be contained in a Heritage Conservation District Plan; d) make recommendations regarding required changes to the City's Official Plan or Zoning By- law; and 15 e) be adopted by a By -law that will also adopt a heritage conservation district plan in accordance with the provisions of the Ontario Heritage Act." POLICY 3.2.7 is amended by deleting the words "historical or architectural significance" and replacing them with the words "cultural heritage value or interest POLICY 3.2.7.1 is amended by deleting the word "buildings" and replacing it with the word "properties POLICY 3.2.7.2 is amended by deleting the word "minimize" and replacing it with the word "mitigate POLICY 3.2.8 is amended by adding the phrase "as a cultural heritage landscape" after the words "formal designation POLICY 3.3.10 is deleted in its entirety and is replaced with the following: "3.2.10 The City recognizes that there are many archaeological sites containing artifacts or other physical evidence of past human use or activities throughout the municipality. Every effort will be taken to ensure archaeological resources are protected in situ. No work shall be carried out on any property which has identified archaeological resources or has archaeological potential without first conducting archaeological fieldwork and submitting a report, both undertaken by a licenced archaeologist. Any fieldwork and investigation shall adhere to Provincial guidelines and requirements. The archaeological report shall be prepared to the satisfaction of the Ministry of Culture or its designate to address, among other things: site findings, analysis of fmdings, a statement of heritage value, any further assessment needed, methods of protecting archaeological sites /artefacts (buffer areas, landscaping, avoidance strategy) and a construction monitoring schedule." POLICY 3.3.1 is amended by adding the word "rehabilitate" after the words "protect, maintain," and by adding the words "Water resources" after the words "Wildlife Resources POLICY 3.3.2 is amended by adding the words "Niagara Peninsula Conservation Authority and the Region of Niagara" after the words "Ministry of Natural Resources 16 POLICY 3.3.4 is amended by adding the following as the first sentence of the policy: "Development within areas containing significant habitat of endangered or threatened species and significant wetlands shall be prohibited. and that the word "other" be added after the words "Development within areas containing" in the next sentence. POLICY 3.3.4.5 is amended by deleting the words "adversely impact" and replacing them with the words "have a negative impact" and by adding the words "or their ecological function" after the phrase "natural resources of the area" in the first sentence. POLICIES 3.3.5 to 3.3.13 are renumbered as 3.3.6 to 3.3.14 (respectively). A new POLICY 3.3.5 is added as follows: "3.3.5 The City supports the natural heritage system approach which recognizes the importance of individual areas and features as well as the ties between them to the overall health of the natural environment. Linkages and natural corridors that connect the individual features can include valleylands, creeks, hedgerows, and service corridors. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural resource connections." POLICY 3.3.10 is amended by deleting the words "will have regard to" in the last sentence and replacing them with "or site alteration affecting fisheries resource will be not permitted except in accordance with POLICY 3.3.12 is amended by replacing the words "Topsoil Removal By- law" with "Fill, Topsoil Removal or Site Alteration By- law POLICY 3.3.14 is amended by inserting the word "adjacent" after the words "Any works" and by adding the words "Niagara Peninsula Conservation Authority or the" prior to the words "Ministry of Natural Resources New POLICIES 3.3.15, 3.3.16, 3.3.17, 3.3.18, 3.3.19 and 3.3.20 are added as follows: "3.3.15 A permit from the Niagara Peninsula Conservation Authority is required for the placement or removal of fill in areas regulated as Fill Areas by the Niagara Peninsula Conservation Authority. 17 3.3.16 The City shall consult with the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Niagara Parks Commission for any development proposal along the Niagara River that may have an adverse impact on the watercourse. 3.3.17 The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with the Valleylands, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority. 3.3.18 Development along all valleylands and stream corridors, regardless of their designation in this plan, will be subject to a minimum setback of 7.5m from the top of slope or up to 30m for Type 1 fish habitat, whichever is greater, for all buildings or structures in accordance with the Valleylands, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority. 3.3.19 Where, as a result of a planning application, new Floodline, valleyland, or stream corridor mapping has been generated to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific zoning By -law amendment, the City's Zoning By -law will be amended accordingly. 3.3.20 Any development within natural valleys where the bank height is greater than or equal to 3 metres (10') or on lands adjacent to these slopes must obtain approval from the Niagara Peninsula Conservation Authority. The City's Zoning By -law may recognize all valleylands and stream corridors through an appropriate zoning which incorporates minimum structural setbacks in accordance with the Valleyland, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority." (d) The following changes shall apply to SECTION 4 HOUSING STRATEGY: POLICY 4.1 is amended with the following changes to the first sentence: 18 deleting the phrase "influence the provision of affordable housing" and replacing it with "provide for a mix of housing types and densities to meet projected housing targets of current and future residents of the Regional market area adding the phrase "through both residential intensification and new development" after the words "at all times adding the word "serviced" between the words "of' and "lots"; adding the word "available" between the words "blocks" and "in and deleting the phrase "in order to account for variations in housing demand" and replacing it with "and in lands zoned to facilitate residential intensification POLICY 4.1 is amended by adding the words "and projected housing targets" after the words "10 year land supply" and by deleting the words "development/conservation" in the second sentence. A new POLICY 4.4.7 is added as follows: "4.4.7 Efficient land use design that supports the use of alternative modes of transport and pubic transit." POLICY 4.5 is amended by deleting the phrase "Proposals for the" at the beginning of the first sentence and replacing it with the word "The" and by adding the phrase "be encouraged where appropriate and" after the word "shall A new POLICY 4.5.6 is added as follows: "4.5.6 Intensification targets and phasing policies set through provincial plans as amended from time to time or Regional Plans where applicable POLICY 4.13 is amended by adding the phrase "and shall establish and implement minimum targets for the provision of affordable housing in consultation with the Region" after the words "when appropriate (e) The following change shall apply to SECTION 5 AMENITY AND DESIGN STRATEGY: POLICY 5.2 is deleted in its entirety and replaced with the following: "5.2 The creation of attractive streetscapes that contribute to a desirable community character shall be encouraged. The pedestrian realm shall be safe and convenient. Streetscaping should serve to improve the pedestrian experience of an area through the use of amenities such as widened sidewalks, decorative street lighting, rest areas, and soft landscaping features. 19 5.2.1 The City shall encourage the enhancement of streetscapes whenever exterior building renovation, facade improvement and upgrading of the municipal right -of -way occurs. 5.2.2 The improvement and upgrading of streetscapes is encouraged. Where appropriate, streetscape plans, urban design guidelines or community improvement plans will be undertaken and implemented in cooperation with area land owners and Boards of Management for business improvement areas. 5.2.3 The City shall cooperate with other levels of government in protecting existing trees and planting new trees along roadways and highways in accordance with municipal, Regional and Provincial guidelines for aesthetics, maintenance and safety. 5.2.4 In all public works, no trees within the road allowance or on public property shall be removed unnecessarily. However, if they must be removed, suitable, native trees shall be replaced as soon as possible where it is desirable and practical. 5.2.5 The City shall participate in tree planting programs to enhance the environment and shall encourage private landowners to protect existing trees and plant additional trees on their own property. 5.2.6 In cooperation with the appropriate agencies, the number of utility poles shall be minimized and overhead wiring shall be progressively buried underground. 5.2.7 Wherever possible, driveway entrances shall be consolidated within and between properties to improve traffic flow efficiencies." (f) The following changes shall apply to SECTION 6 ENVIRONMENTAL QUALITY: PREAMBLE is amended by adding "increased use of public transit and alternative modes of transportation," following the words "greening and landscaping" in the third sentence. POLICY 6.1 is amended by deleting the words "and surrounding area" and replacing them with "and the quality and quantity of surface and ground water features 20 A new POLICY 6.11 is added as follows: "6.11 Council supports compact, efficient designs, a compatible mix of land uses, alternate modes of transportation and the use of alternative or renewable energy, such as solar and wind, to support energy efficiency and improved air quality." V. PART 4 ADMINISTRATION AND IMPLEMENTATION (a) The following changes shall apply to SECTION 1- PROVINCIAL POLICIES AND OFFICIAL PLANS OF THE REGION AND ADJACENT MUNICIPALITIES: PREAMBLE is amended by deleting the words "must have regard to" and replacing them with "shall be consistent with POLICY 1.1 is deleted in its entirety and replaced with the following: "1.1 The Province has issued Provincial Policy Statements on matters relating to municipal planning under Section 3 of the Planning Act. Any development or redevelopment shall be consistent with the Policy Statements." (b) The following changes shall apply to SECTION 2 OFFICIAL PLAN REVIEW AND AMENDMENTS: POLICY 2.1 is amended by deleting the words "growth patterns" and replacing them with "population and growth projections" POLICY 2.4 is amended by deleting the phrase "to the public at least 30 days before the holding of the public meeting" in Sentence 3 as well as Sentences 4 and 5 and replacing them with the following "in compliance with the Regulations issued under the Planning Act." POLICY 2.6.2 is amended by deleting the words "other sites or areas of the City" and replacing them with "alternatives sites or areas of the City or possible areas of intensification or redevelopment New POLICIES 2.6.8 and 2.6.9 are added as follows: "2.6.8 The protection of specialty crop land as defined in the Provincial Policy Statement from development. 2.6.9 Any applicable cross jurisdictional issues such as, but not limited to servicing, transportation, watersheds and natural areas." 21 (c) The following changes shall apply to SECTION 4 BY -LAWS: POLICY 4.1.2.2 is amended by deleting the second, third and fourth sentences and by adding the following as the second sentence: "Notification of such meeting(s) will be given in accordance with the Regulations issued under the Planning Act." POLICY 4.4.1 is amended by adding the words "Section 39 of' after "In accordance with" and be replacing the word "conditions" with "condition POLICY 4.4.3 is amended by adding the word "an" between the words "grant" and "extension (d) The following changes shall apply to SECTION 8 LAND DIVISION COMMITTEE: "Section 8 Land Division Committee" is renamed to "Section 8 Consent Policies PREAMBLE is amended by deleting the phrase "Regional Land Division Committee" and replacing it with "Committee of Adjustment POLICY 8.2.3 is amended by deleting the word "abutting" and by deleting the word "ownership" and replacing it with "farm parcel POLICY 8.2.3 is further amended by adding the phrase "The vacant farm operation created by the severance shall be rezoned to preclude any further residential development." as the second sentence. POLICIES 8.2.4 and 8.2.5 are deleted in their entirety. A new POLICY 8.2.4 is added as follows: "8.2.4 Consent may be granted for the creation of a lot for facilities and corridors that cannot be accommodated through the use of easements or right of way. Notwithstanding any other policies in this plan, facilities and corridors, for the purpose of this policy, shall include: sewage and water systems, septic systems, waste management systems, electric power generation and transmission, communications and/or telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities." A new POLICY 8.2.5 is added as follows: 22 "8.2.5 Severances for farm purposes will be permitted provided that both the severed and remnant parcels are both for agricultural use and that the size of each parcel is appropriate for the farming activity proposed and of sufficient size to discourage its use for estate residential development. Severance proposals for smaller farm parcels intended for intensive agricultural uses including greenhouses shall require the establishment of the farming use or substantial completion of the greenhouses or farm buildings prior to the construction of any new dwelling on the lands. (e) The following changes shall apply to SECTION 9 COMMITTEE OF ADJUSTMENT: "Section 9 Committee of Adjustment" is renamed as "Section 9 Minor Variance and Related Approvals PREAMBLE is amended by deleting the word "of" after the words `the extension' in the first sentence and replacing it with the word "or"; and by adding the words "buildings or structures" after the words "non- conforming uses, POLICY 9.2 is amended by adding the phrase "be minor in nature and be" after the words `Zoning By -law shall'; and by deleting the words "development of use of land" and replacing them with "development or use of the land POLICY 9.4 is amended by deleting the phrase "existing use which is" and replacing it with "continuing use which was legally operating on the day of adoption of the Zoning By -law but no longer conforms with the policies of this Plan and are and by adding the word "implementing" after the words "not permitted in the POLICIES 9.4, 9.5, 9.5.4 and 9.6 are amended by adding the word "legal" before the words `non conforming'. POLICY 9.5.2 is amended by deleting the words "compares favourably to the existing use in terms of' and replacing them with "is similar to or is more compatible with existing development in terms of street character POLICY 9.5.3 is amended by deleting the word "by" after the words "reasonable protection" and by adding the words "and, where applicable, enhancement through A new POLICY 9.7 is added as follows: "9.7 Where the Zoning By -law defines the use of lands in general terms, the Committee of Adjustment may 23 permit the use of any land, building or structure that, in its opinion, conforms with the uses permitted in the by- law." VI. PART 5 APPENDICES (a) The following changes shall apply to APPENDIX 1 DEFINITIONS: Definition 1.9 shall be deleted in its entirety. DEFINITIONS 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.10, 1.11, 1.12, 1.25, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19 1.20, 1.21, 1.22, 1.23, and 1.24, are renumbered tot .3,1.4,1.6,1.7,1.11,1.12 ,1.13,1.14,1.15,1.16,1.17,1.18, 1.19, 1.20, 1.21, 1.23, 1.24, 1.25, 1.26, 1.27, 1.30, 1.31, and 1.32 (respectively). New definitions 1.2, 1.5, 1.8, 1.9, 1.10, 1.22, 1.28 and 1.29 are added as follows: "1.2 "Adverse Impacts" where a proposed use or development may: impair the quality of the natural environment for any use that can be made of it; result in injury or damage to property or plant or animal life; cause harm or material discomfort to any person; negatively affect on the health or safety of any person; render any property /plant/animal life unfit for human use; result in loss of enjoyment of normal use of the property; or interfere with the normal conduct of business. 1.5 "Built Heritage Resource" one or more significant buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history that are of value for the important contribution they make to our understanding of the history of a place, an event, or a people. 1.8 "Cultural Heritage Landscape" a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a 24 place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. 1.9 "Cultural Heritage Value or Interest" includes built heritage resources, cultural landscapes and sites of archaeological importance. 1.10 "Ecological Function" the natural process, product or service that environments provide or perform within or between species, ecosystems and landscapes. 1.22 "Prime Agricultural Land" lands that include where specialty crops are grown (such as, but not limited to, tender fruit, grapes, vegetables, greenhouse crops) and/or Canada Land Inventory Classes 1, 2, and 3 soils. 1.28 "Significant Habitat of Threatened or Endangered Species" the habitat, as approved by the Ministry of Natural Resources, that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of species that are listed as a threatened or endangered species on the Ministry ofNatural Resources' official species at -risk list. The habitat includes those areas of occurrence that are occupied or habitually occupied by the threatened or endangered species during all or any part of its life cycle. 1.29 "Significant Wetland" a wetland identified as provincially significant by the Ministry of Natural Resources." DEFINITION 1.3 is amended by deleting the third sentence of the definition. The following changes shall apply to SCHEDULE "A" FUTURE LAND USE: i) The Environmental Protection Area designation along Thompson Creek, Warren Creek, Usshers Creek and the portion of Lyons Creek 25 west of the Q.E.W. shall be in accordance with Niagara Peninsula Conservation Authority's 100 Year Floodline mapping as shown on Map 1 to Official Plan Amendment No. 64. ii) The Environmental Protection Area designation for Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W -6 -S shall be in accordance with Niagara Peninsula Conservation Authority's Regional Floodline mapping as shown on Map 2 to Official Plan Amendment No. 64. iii) The lands north of Forest Ridge Drive owned by the City of Niagara Falls, as shown on the map attached hereto entitled Map 3 to Official Plan Amendment No. 64, be designated Environmental Protection Area. iv) The lands known as 6161 Thorold Stone Road, as shown on the map attached hereto entitled Map 4 to Official Plan Amendment No. 64, be designated Environmental Protection Area. v) The lands located on the east side of Gamer Road, between McLeod Road and Lundy's Lane, just north of the Hydro Corridor, as shown on the map attached hereto entitled Map 5 to Official Plan Amendment No. 64, be designated Environmental Protection Area where the Provincially Significant Wetlands have been identified and Residential to the west of the PSW, along Gamer Road. vi) The lands located at 6110 Lundy's Lane (Drummond Hill Cemetery), as shown on the map attached hereto entitled Map 6 to Official Plan Amendment No. 64, is designated Open Space. vii) The lands identified as Part 1 of Plan 59R- 10157, as shown on the map attached hereto entitled Map 7 to Official Plan Amendment No. 64, is designated Environmental Protection Area. viii) The residential lots fronting on Dawn Crescent and Baldwin Avenue that are currently designated Open Space be redesignated to Residential and that Mulhern Park be redesignated from Residential to Open Space, as shown on the map attached hereto entitled Map 8 to Official Plan Amendment No. 64. ix) The lands known as 6945 and 6995 Ailanthus Avenue are designated Residential and C.B. Wright Park are redesignated Open Space, as shown on the map attached hereto entitled Map 9 to Official Plan Amendment No. 64. x) The rear portion of the lands at 5175 Victoria Avenue are redesignated from Residential to Minor Commercial, as shown on the map attached hereto entitled Map 10 to Official Plan Amendment No. 64. S:\ OFFICIAL .PLN\AMEND\#64\BODY_64.wpd 26 xi) The rear portion of 4848 Victoria Avenue is redesignated from Residential to Minor Commercial, as shown on the map attached hereto entitled Map 11 to Official Plan Amendment No. 64. xii) The rear portion of 8444 -8870 Lundy's Lane (inclusive) are redesignated from Residential to Tourist Commercial, as shown on the map attached hereto entitled Map 12 to Official Plan Amendment No. 64. xiii) The lots between and including 7864 -8226 Spring Blossom Drive are designated Residential, as shown on the map attached hereto entitled Map 13 to Official Plan Amendment No. 64. xiv) The eastern half of 5580 Kalar Road is redesignated from Residential to Industrial, as shown on the map attached hereto entitled Map 14 to Official Plan Amendment No. 64. xv) The rear portion of 7301 Lundy's Lane is redesignated from Residential to Tourist Commercial, as shown on the map attached hereto entitled Map 15 to Official Plan Amendment No. 64. xvi) The lands at 5752, 5720 and 5688 Royal Manor Drive are redesignated from Tourist Commercial to Residential, as shown on the map attached hereto entitled Map 15 to Official Plan Amendment No. 64. xvii) The lands at 7296, 7304 and 7312 Alex Avenue are redesignated from Major Commercial to Residential and the rear portions of 7320 and 7328 Alex Avenue are redesignated from Major Commercial to Residential, as shown on the map attached hereto entitled Map 16 to Official Plan Amendment No. 64. xviii) The whole of the Willowdell Golf Course property, with the exception of the areas currently designated Environmental Protection Area, be designated Open Space, as shown on the map attached hereto entitled Map 17 to Official Plan Amendment No. 64. (c) The following change shall apply to SCHEDULE "C" MAJOR ROADS PLAN: i) SCHEDULE "C" MAJOR ROADS PLAN is deleted and replaced with the map attached hereto as Schedule `B" to Official Plan Amendment No. 64, entitled SCHEDULE "C" MAJOR ROADS PLAN. Area Affected by this Amendment MAP 1 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Proposed Change: Environmental Protection Area to the Abutting Land Use Designation CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA KAGIS_Reqoests\ 20041SebechlksiZoningAMVMOblsnappingmap OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1:NTS December 2005 Area Affected by this Amendment K GIS_R A2oOASchedulesl2oningAMUM•06 mappia6.mep MAP 2 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Proposed Change: Environmental Protection Area to Rural 4 dial r/R laT.. l »r Ali 2'61 ■■nipwr:r. CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL 1 1 THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1 :NTS December 2005 Area Affected by this Amendment Proposed Change To Add: Residential to Environmental Protection Area ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA K: 1GIS _Requests12004 ScheduleaoningAMW4-06 lmappiugmap MAP 3 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL I THEME PARK MARINELAND TOURIST COMMERCIAL 11111 NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1 :NTS December 2005 Area Affected by this Amendment Proposed Change To Add: Residential to Major Commercial ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL MI GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA K:■GIS_ RcqueM20041 5chcdukskamingAMAM-05\oupping.wp MAP 4 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN rf7 t OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. IY c 1:NTS December 2005 MAP 5 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment 1 2 Proposed Change from: 1 Environmental Protection Area Residential to Environmental Protection Area 2 Environmental Protection Area Residential to Residential maum�r �O„'� \h. +,zeasee:...ye ..ao� P 17 I lu I�uult .L��uu1= E Sitswowumu als nnunn�?:�g Irp 111um44- ter' %\t --141.17111E ��►I...�illll� 111111111 11111 111111 11 u ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL III MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA XAGIS_ Raioesta\ 20041SdwdWal2 °ninsAMUM CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL 11 NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1 :NTS December 2005 Area Affected by this Amendment Proposed Change: Tourist Commercial/Major Commercial/Residential to Open Space MORN ST NOM1T11 ST NORTH ST �111111111n1h11111�n11111 1l mommumillumurai iii Iiii ����a Ta16 1 11111 1 111111111176 i lll i��llll�` 1111 "IIIlu 111 11111111111111111111 immummummem IOW CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL III MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA 1C1CLS_Req.g.0200,Rschcaokn6AMlAM-0ft.pon6 ..P MAP 6 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN ON.AWME ST OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1:NTS December 2005 Area Affected by this Amendment MAP 7 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN 4. Proposed Change: Residential to Environmental Protection Area CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA KAGIS_R 1s12004Sched lesVa iogAKAM-06\mapping —P OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1 :N TS December 2005 Area Affected by this Amendment 1 Proposed Change: 1 Residential to Open Space 2 Open Space to Residential KAGIS_ReQoeM20041Sc6e fides ZooingAMMM"061mappintmap MAP 8 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN 2 11111111111 gy inn 4411. 110 NP$' MEW 11111 111 �p 1111► p� NM' ott I" Am BIM 11 1 WWI Rim 4�ll II EinE1111111 i CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL NI MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL 1 THEME PARK MARINELAND TOURIST COMMERCIAL 141 NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1 :NTS December 2005 Area Affected by this Amendment 1 2 Proposed Change: 1 Residential and Open Space to Residential and 2 Residential and Open Space to Open Space IIM—irmaptA M as i-er 1111111 u start7,,,,,,,„ IIIIIIIII��u� ������plllllllll► IIIIIIIIIillll;� ull�' 11111111111 1111111111 pl III VIII 1111111111111 1111111111 111111111��'ju �r ra n ��IIIIIIIIIIIIIIIII IIIIII !i!IIIIIII1 ®1111 1► 11v Ii. LIZ ininill111110111gA. arA ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA K1GLS_ n.PPin&maP MAP 9 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND t TOURIST COMMERCIAL 111 NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1 :NTS December 2005 MAP 10 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change: Residential to Minor Commercial 1 1 A MCRAE ST MOMS ST .AE ST NOME ST STA VORO ST VALLEY WAY ARMOURY ST JEPSON ST VALLEY WAY ARMOURY ST 1 1 2aSON ST STAMFORD ST ARMOURY ST JEPSON ST sumrogo ST MCRAE ST MOM ARMOURY ST JEPSON ST 1 1 A ME EraPIPPu m 4 411111111 111 woo 11 STAMFORD ST STAMP= Sr eV 1 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL ill MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA K:tGIS_Repuests12001\SchcdW eAizoniRB M-06 mappih6.Rap OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL 1 THEME PARK MARINELAND TOURIST COMMERCIAL I-4 }11 LLl. NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1 :NTS December 2005 Area Affected by this Amendment Proposed Change: Residential to Minor Commercial ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL IM MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA KAGi1S _AcquMA2000.Sc6eduleamin6AM AM-061mappin6 -P MAP 11 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL i I THEME PARK MARINELAND Litt TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1:NTS December 2005 Area Affected by this Amendment MAP 12 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Proposed Change: Residential to Tourist Commercial 000� ��0000��00000�o���000000�o�000�0000��oo� oo���.: 1111111111 111 111111111 ST No M OM mom wimi ova UM tits ism Wm Immo gm NM 1.- ems ma. mm MEW ST CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA Y K GIS_ RegaaMt OWlSchedulWaningAMAM -061maPPinbm4 OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL 1 1 THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1 :NTS December 2005 MAP 13 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change: Tourist Commercial to Residential KAGIS_R W4SchduleaaninBMMM-06lmappin&otsP CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA OPEN SPACE EXTRACTIVE INDUSTRIAL PARKWAY RESIDENTIAL GOOD GENERAL AGRICULTURE RESIDENTIAL INDUSTRIAL ---1 RESORT COMMERCIAL MAJOR COMMERCIAL RURAL AGRICULTURAL MINOR COMMERCIAL THEME PARK MARINELAND NIAGARA ESCARPMENT PLAN AREA :4 TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1:NTS December 2005 MAP 14 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change: Residential to Industrial A ,:]1111 11.4 1 A *feN 1 im k% k %I111 1111j11111 X1111 UV► rtalllllllhlr a o it c .ri t> t.� 1 a I;l7te'3t:�St09i:f'f.9� ��i.� ':gin .n._�'_• �T T 'i t����� 4111 11111111111111111111112 g1111111111111111111111u1= in11111111111111 111111111111111111 21111111111111111111111111M 11111111111111111111: CIIIUllllllummo llllllo r_ 1111111111111\�w gar spun aul11111111111 1 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA X K GIS_Reyums 200 4Schedu Zming MAM-0mm+vans.mw OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL --H NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1 :NTS December 2005 Area Affected by this Amendment 1 Proposed Changes: 1 Residential to Tourist Commercial 2 Tourist Commercial to Residential ICAGS_Requests120041ScheinleaooingAMW4061mappistgmap MAP 15 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN 2 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA OPEN SPACE EXTRACTIVE INDUSTRIAL PARKWAY RESIDENTIAL GOOD GENERAL AGRICULTURE RESIDENTIAL INDUSTRIAL RESORT COMMERCIAL MAJOR COMMERCIAL RURAL AGRICULTURAL MINOR COMMERCIAL I THEME PARK MARINELAND NIAGARA ESCARPMENT PLAN AREA TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1 :NTS December 2005 Area Affected by this Amendment Proposed Change: Minor Commercial to Residential ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MI MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA K .iGIS_Rtgouts120041SchechdesVoningAMV■14-061msppinbmaD MAP 16 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL t+ NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1:NTS December 2005 Area Affected by this Amendment Proposed Change: Rural to Open Space KAGIS R. 11= 0u004 \xneaw«izoningAnflA04061ouppio&mav MAP 17 TO AMENDMENT NO. 64 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA OPEN SPACE EXTRACTIVE INDUSTRIAL PARKWAY RESIDENTIAL GOOD GENERAL AGRICULTURE RESIDENTIAL INDUSTRIAL RESORT COMMERCIAL MAJOR COMMERCIAL RURAL AGRICULTURAL MINOR COMMERCIAL 1 THEME PARK MARINELAND NIAGARA ESCARPMENT PLAN AREA TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 64 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1 :NTS December 2005 er r i i .•r• i 1.• E* i 0 4 ENwnsa; in .•..on Niagarafalls Schedule C to the Official Plan Major Roads Plan LEGEND PROVINCIAL. HIGHWAYS SCENIC ROADS ARTERIAL ROADS COLLECTOR ROADS N s e K:WfS_NeP.+tA200 N.1a_N•MawV3. SdN4un SCHEDULE B TO OFFICIAL PLAN AMENDMENT NO. 64 CITY OF NIAGARA FALLS By -law No. 2006 Being a by -law to provide for appointments to certain Boards, Commissions and Committees. WHEREAS Section 44(3) of the Planning Act (R.S O. 1990) states that all members of the Committee of Adjustment who are members of Municipal Council shall be appointed annually. WHEREAS the number of Aldermanic representatives on the Committee of Adjustment is two (2). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Those members of Municipal Council, as set out in Schedule "A" attached hereto, shall be appointed members to the Committee of Adjustment for the year as set out in the aforementioned Schedule "A and 2. That this by -law shall come into force on the day upon which it is passed. 3. That by -law 2005 -18 is hereby repealed. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. SCHEDULE "A" to By -law No. 2006- The following Council members have been appointed as Aldermanic re presentatives to the Committee of Adjustment for 2006: Alderman Victor Pietrangelo Alderman Selina Volpatti CITY OF NIAGARA FALLS By -law No. 2006 A by -law to provide for appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Anthony Di Giacomo and Norm Puttick be appointed as Citizen representatives to the Niagara Transit Commission for the 2006 -2007 term. 2. That by -laws 2004 -12 and 2004 -121 are hereby repealed. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23r 2006. January 23' 2006. January 23' 2006. Being a by -law to amend By -law 2004 -119, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That under paragraph 1, Arts Culture Committee, the name Jane Embleton be deleted and the name Bryan Smylski be added. 2. That the aforementioned appointment be for the remainder of the 2004 -2006 Council term. Passed this twenty -third day of January, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23r 2006. January 23r 2006. January 23r 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the payment of $20,721,249.82 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning November 23, 2005 to January 10, 2006. Passed this twenty -third day of January 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 CITY OF NIAGARA FALLS By -law No. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to rezone the lands from GI to LI to permit a new car agency. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from GI to LI and numbered 738, the land on the southeast corner of Thorold Stone Road and Carroll Avenue, being Part of Township Lot 77, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated LI and numbered 738 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land described in section 1 of this by -law and shown hatched and designated LI and numbered 738 on the plan Schedule 1 attached hereto shall be considered one lot. 3. Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (1) and (j) of section 11.2.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated LI and numbered 738 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum lot area the whole of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 738 on the plan Schedule 1 attached hereto, save and except for any part that maybe required to be dedicated for the purpose of road widening (b) Minimum front yard depth (c) Minimum rear yard depth 6 metres (d) Minimum landscaped open space 18 metres plus 13.1 metres from the centre line of the original street allowance of Thorold Stone Road (i) a 4.5 metre wide strip, parallel to and along the front lot line, save and except for two driveways, before any required dedication for the purpose of road widening (ii) a 2.4 metre wide strip, parallel to and along the exterior side lot line, save and except for one driveway, before any required dedication for the purpose of road widening 19.1.738 (b) Passed this twenty -third day of January, 2006. First Reading: Second Reading: Third Reading: January 23, 2006 January 23, 2006 January 23, 2006 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: (a) Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land on the southeast comer of Thorold Stone Road and Carroll Avenue, designated LI and numbered 738 on Sheet C3 of Schedule "A shall be considered one lot. Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (f) and (j) of section 11.2.2 of By -law No. 79 -200, no person shall use the land located on the southeast corner of Thorold Stone Road and Carroll Avenue, designated LI and numbered 738 on Sheet C3 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2006- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: Applicant: Assessment #s: A 272504000414100 272504000414000 272504000413900 272504000413801 CO N On ELIZABETH ST r 1609652 Ontario Limited K: \GIS_Requests \2005 \Schedules \zoni ngAM\AM -30 \mapping. map THOROLD STONE RD 81.93 m 81.29 m Part of Township Lot 77, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 00 0 Amending Zoning By -law No. 79 -200 1:NTS AM- 30/2005 November 2005 Passed this twenty -third day of January, 2006. First Reading: Second Reading: Third Reading: January 23, 2006. January 23, 2006. January 23, 2006. CITY OF NIAGARA FALLS By -law No. 2005 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23` day of January, 2006. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 23` day of January, 2006 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR