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2006/07/10COUNCIL MEETING Monday, July l0, 2006 Order of Business and Agenda Package COUNCIL MEETING July 10, 2006 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Council Minutes of June 26, 2006 AMENDMENT TO MINUTES: Council Minutes of June 12 2006. See Clerk's memo. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS /DEPUTATIONS Niagara Faris A.L.I.V.E. "Matthew Daniele Memorial Fund" Mike and Bruna Daniele will be presented a cheque from proceeds from the "Matthew Daniele Memorial Fund" to "Niagara Falls A.L.I.V.E., the Activity Subsidy Fund administered by the Recreation Committee. Members of the Recreation Committee will also be in attendance. Robert Keighan Neighbourhood Park Jeff Keighan would like to address Council regarding a fundraiser for Keighan Neighbourhood Park. Public Meeting Zoning By -law Amendment Application, AM- 10/2006 6753 O'Neil Street Rear Portions of 6731, 6741, 6781 6791 O'Neil Street Applicant: Wedgewood Builders of Niagara Limited Agreement of Purchase and Sale) Proposed Townhouse and Single- Detached Dwelling Development Background Material: Recommendation Report: PD- 2006 -57 -AND- Correspondence from Rocco Vacca, Sullivan Mahoney Correspondence from Patricia Orr Correspondence from Gordon Orr Correspondence from Lilian Campbell Correspondence from Pat and Rick Rathfelder Correspondence from Dennis Gienow Correspondence from Region's Planning and Development Department Petition from Various Residents Public Meeting Official Plan Amendment No. 67 Proposed Good General Agricultural Policies. Background Material: Recommendation Report: PD- 2006 -54 Public Meeting Official Plan Amendment No. 66 Proposed Amendments to the Official Plan Regarding Part of the Lands of the Former Willoughby Township Background Material: Recommendation Report: PD- 2006 -55 2 PLANNING MATTERS Correspondence from the Niagara Parks Commission Correspondence from Phil Fisher, Associated Consulting Group 1. Chief Administrative Officer PD- 2006 -56 Official Plan Zoning By -law Amendment Application, AM- 06/2006, 5471, 5491 and 5507 River Road 4399 and 4407 John Street. Applicant: O.R.E. Development Corporation, Agent: Italia Gilberti, Solicitor Conditions of Council's Approval of a Proposed 29- Storey Residential Development 2. Chief Administrative Officer PD- 2006 -58 Matters Arising from the Municipal Heritage Committee -AND- -3- MISCELLANEOUS PLANNING MATTERS MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Unite Here! Canada requesting that an independent environmental assessment take place on the former Cyanamid/ Cytec lands. NOTE: Representatives from Unite Here! Canada have requested to address Council on this matter. Memo from City Clerk which includes a response to Unite Here! Canada's correspondence prepared by the City's consultants. RECOMMENDATION: For the consideration of Council. 2. City of Thorold requesting support of a resolution recognizing the significant energy, environmental and economic benefits that Northland Power inc.'s Co- Generation Proposal will generate at the Abitibi Thorold site. RECOMMENDATION: For the consideration of Council. 4 3. Niagara Convention and Civic Centre Project- requesting Council's support of the Project Team's efforts to engage the Federal Government, the Province and its agencies for financial support for the convention and civic centre project. RECOMMENDATION: For the consideration of Council. 4. Niagara Region Planning and Development Department re: the Region's New Tree and Forest Conservation By -law, requesting notification of when the City has formally delegated authority to the Region regarding the by -law. RECOMMENDATION: That Council approve the delegation by -law listed later in the agenda. 5. Niagara Ministerial Fellowship requesting that the week of September 24 to October 1S 2006 be proclaimed as a "Week of Prayer for the City of Niagara Falls RECOMMENDATION: For the approval of Council. 6. Fallsview B.I.A. requesting that their 2006 budget be given approval by Council. RECOMMENDATION: For the approval of Council. 7. Victoria Centre B.I.A. requesting that their 2006 budget be given approval by Council. RECOMMENDATION: For the approval of Council. 8. Main Ferry B.I.A. requesting that their 2006 budget be given approval by Council. RECOMMENDATION: For the approval of Council. Association of Municipalities of Ontario -re: municipal funding agreement for the transfer of Federal Gas Tax Revenues. RECOMMENDATION: That Council approve the delegation by -law listed later in the agenda. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -5 RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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 -40 Investment Report F- 2006 -41 Municipal Accounts MW- 2006 -76 Update to By -law 89 -2000 As per 2005/2006 Subdivision Agreements MW- 2006 -80 Consultant Appointment Kalar Road Reconstruction from McLeod .Road to Rideau Street MW- 2006 -84 Dorchester Road CNR Agreement R- 2006 -24 Robert F. Keighan Park Development Tender R- 2006 -25 Landscape Development of a Parking Lot on Parkside Drive, Kalar Park "Home for Girls Soccer" and the Garner Subdivision Recreational Trail Phase 1) Tender TR10 -2006 R- 2006 -26 MacBain Community Centre Parking Lot Extension BY -LAWS he City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 6 2006 -112 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12990 as a public highway, to be known as and to form part of Dawson Street. 2006 -113 A by -law to establish Part 4 on Reference Plan 59R -12990 as a public highway, to be known as and to form part of Dawson Street. 2006 -114 A by -law to establish Part 5 on Reference Plan 59R 12953 as a public highway, to be known as and to form part of Dawson Street. 2006 -115 A by -law to establish Part 2 on Reference Plan 59R -12953 as a public highway, to be known as and to form part of Dorchester Road. 2006 -116 A by -law to establish Part 5 on Reference Plan 59R -12990 as a public highway, to be known as and to form part of Dorchester Road. 2006 -117 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 -118 A by -law to establish Parts 4, 5, 6 and 7 on Reference Plan 59R -13118 as a public highway, to be known as and to form part of Buchanan Avenue. 2006 -119 A by -law to establish Part 9 on Reference Plan 59R -13118 as a public highway, to be known as and to form part of Stanley Avenue. 2006 -120 A by -law to establish Parts 1 and 8 on Reference Plan 59R -13118 as a public highway, to be known as and to form part of Forsythe Street. 2006 -121 A by -law to authorize the execution of a Licence Agreement with Boardview Advertising Inc. respecting the installation and maintenance of advertising sign on the rinkboard surfaces of Stamford Memorial Arena and Jack Bell Arena, both located at 6570 Frederica Street, Niagara Falls and the Niagara Falls Memorial Arena, both located at 6570 Frederica Street, Niagara Falls and the Niagara Falls Memorial Arena located at 5145 Centre Street, Niagara Falls. 2006 -122 A by -law to authorize the execution of a Service Agreement with Crawford Adjusters Canada, respecting the provision of services by Crawford Adjusters Canada to the City, pertaining to property and casualty insurance claims. 2006-123 A by -law to amend By -law No. 89- 2000, being a by -law to regulate parking and traffic on City Roads. Clifton Hill, Victoria Avenue) 2006 -124 2006 -125 7 A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition. A by -law to delegate to the Regional Municipality of Niagara the power to regulate the destruction or injuring of trees on private lands within the City of Niagara Falls. 2006 -126 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 68). 2006 -127 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 67). 2006 -128 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 66). 2006 -129 A by -law to amend By -law No. 70 -69, to permit an addition to the existing dwelling and to recognize an addition to the existing garage. 2006 -130 A by -law to amend By -law No. 79 -200, to permit the development of a townhouse complex on the east side of Mewburn Road. 2006 -131 A by -law under section 30.1 of the Ontario Heritage Act, R.S.O. 1990 to amend By -law No. 2000 -45 being a by -law to designate the Strickler- Danner House located at 12549 Niagara River Parkway as a building of cultural heritage value. 2006 -132 2006 -133 2006 -134 That the Mayor and Clerk are hereby authorized to execute this Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities and the Corporation of the City of Niagara Falls as in Schedule "A" attached hereto. A by -law to authorize the payment of 20,836,754.69 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 day of July, 2006. NEW BUSINESS The City of ik Niagara Falls Canada To: Mayor Ted Salci Date: July 10, 2006 Members of Council Clerk's Department Inter Departmental Memorandum From: Dean Iorfida City Clerk Ext. 4271 Subject: Amendment to the Minutes June 12 2006 Under the June 12t minutes regarding the item PD- 2006 -46 Chief Administrative Officer: Official Plan Zoning By -law Amendment Application AM- 06/2006, 5171, 5491 and 5507 River Road 4399 and 4407 John Street. Applicant: O.R.E. Development Corporation, Agent: Italia Gilberti, Solicitor. Proposed 29- Storey Residential Development, the ratified minutes read as follows: ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni to approve the report. Motion Carried with Alderman Campbell opposed and Alderman Wing declaring a conflict. The above motion is incorrect, it should read as follows: ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that Council approve, in principle, the Official Plan and Zoning By -law amendment application to permit a 29- storey, 250 unit development on the subject land; and That staff enter into negotiations regarding a density easement agreement, a section 37 agreement and other appropriate conditions. Motion Carried with Alderman Campbell opposed and Alderman Wing declaring a conflict. Staff apologies for any confusion and recommends that Council approve the June 12 minutes with the aforementioned amendment. Working Together to Serve Our CommunitN f )fdiA/' Dean Iorfida June 26, 2006 Council Deputation re: Daniele /NF ALIVE From: Denyse Morrissey To: Dean Iorfida Date: 6/15/2006 12:35:20 PM Subject: June 26, 2006 Council Deputation re: Daniele /NF ALIVE Hi, Yes the parents, and not sure who is accepting the cheque and at this time, it will be both Mick and Don (and the Mayor asked to accept the cheque with them). Do you need specific names to be listed as Don is the Chair of the rec committee (not Mick) or can it just be left open with "Recreation Committee Chair and representatives). There may also be others in the 'gallery' but assume this is not relevant. Regards, Denyse Dean Iorfida 6/15/2006 11:11 AM Denyse: Page 1 of 2 Just for clarification, who will be attending? The parents, I assume. Who from the Rec. Committee? Mick and Don? Let me know. Thanks Dean Denyse Morrissey 6/14/2006 11:45 AM Hi Mick, I am just back from senior staff meeting of this morning. I asked Dean if this might be added to the June 26, 2006 meeting as a short deputation and it is now officially on the Council agenda. Thank you for confirming the info that should appear and it will reflect "Matthew Daniele Memorial Fund" in support of Niagara Falls ALIVE, which is a community subsidy fund of the Recreation Committee, Parks, Recreation Culture, City of Niagara Falls.' Council generally commences at 7 pm and if this time is revised you will be notified in advance. Regards, Denyse "Mick Wolfe" <mwolfe @cogeco.ca> 6/13/2006 8:39 PM Jim, further to our Rec. Comm. meeting earlier this evening, 1 have been in contact with Mike and Bruna Daniele about doing a presentation at the June 26th Council meeting as discussed. They were very touched and indicated they would be available. It would be the intention to have them re- present their donation cheque in the amount of $10,000 from the "Matthew Daniele Memorial Fund" (funds raised through memorial golf tournament and dinner dance) to our very own "Niagara Falls A.L.I.V.E." a front for the Activity Subsidy Fund which is administered by our volunteer Committeee members. In turn we will also present them with a Memorial VIP Arena Seat in Matthew's name a most appropriate gesture given playing hockey was truly one of Matthew's file: /C:\ Documents %20Settings\Adrninistrator \Local %20Settings \Temp \GW} 000... 6/20/2006 passions. Mick 905 357 -2576 home 905 988 -4027 work Page 2 of 2 Kindly advise once you have had this item formally adopted as an agenda item and I'll will re- confirm with the Daniele's. Thanks, file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW} 000... 6/20/2006 JUL-3-2006 12:09P FROM:MARCEL DIONNE OR EAS 9053576319 MARCEL DIONNE INC. tw4st-1.4414:41, P4 getta DATE: 4 1,4 A+ 01 FAX NO.: (9o) 3S4, Ge3t3 TO: ATTENTION: 1:3--41...1 FROM: RE: MESSAGE: I sc:31 -6-7e) HMG. FALLS CLERKS 'Of; YAP i21 p.I i-taeizA- -4-A LA- s TO:9053569083 P.1 4424 MONTROSE RD. NIAGARA FALLS, ONT. L2H-1K2 PHONE: (905) 357-7678 FAX: (905) 357-6319 E-MAIL: mdeltd@aol.com NO. OF PAGES: 1 c) pet be... -1274Z-- S1/4 e4410-1" 3-Pt. 10 6, --no -vo-ccr e 16 44 13e, .4.z-4.vez>co, t.).1 A `C-tA u..ve-. 16 ea. %.4.414.. o b-kb, t te--ta o t4 s 0,3 v e1Z. C Corporate Services Department PD- 2006 -57 Planning Development Doug Darbyson The City Of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 Canada web site: www.niagarafalls.ca Tel.: (905) 356 -7521 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2006 -57, Recommendation Report Zoning By -law Amendment Application AM- 10/2006 6753 O'Neil Street Rear Portions of 6731, 6741, 6781 6791 O'Neil Street Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) Proposed Townhouse and Single- Detached Dwelling Development RECOMMENDATION: It is recommended that Council approve the Zoning By -law amendment application as detailed in this report to permit the development of 8 townhouse units and two single- detached dwellings. BACKGROUND: This application was originally scheduled for consideration by Council at a public meeting on May 29, 2006 (see attached report PD- 2006 -42). Council granted a deferral as recommended by staff and agreed to by the applicant in order to allow a further neighbourhood meeting with area residents to discuss the proposed development. The neighbourhood meeting was held on June 15, 2006. The applicant has requested the matter now return to Council for a decision. Proposal Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca July 10, 2006 The amendment is requested for a proposed 1.281 acre (0.518 hectare) parcel of land on the north side of O'Neil Street, between Dorchester Road and Marion Avenue, as shown on Schedule 1. This site is comprised of the property known as 6753 O'Neil Street and land at the rear of 6731, 6741, 6781 and 6791 O'Neil Street. The applicant proposes a bungalow development of 8 townhouses and two single- detached dwellings with access to O'Neil Street (see revised Schedule 2). The property would be created through related severance applications (Files B18 /2006/NF to B21 /2006/NF Inclusive). The sketch submitted for the severance lot additions is attached as Schedule 3. Approval of a vacant land condominium plan would also be required in the future. The property is currently zoned Residential Single Family 1C Density (R1 C). The applicant has requested a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed development. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 10, 2006 2 PD- 2006 -57 Additional Circulation Comments Further to the comments listed in report PD- 2006 -42 from City Divisions, the Region and the public, the following summarizes new comments received to date: Regional Public Works The site layout does not comply with the Region's policy for waste collection. Dennis Gienow (6741 O'Neil Street) Patricia Orr June 7, 2006 (parents 6762 Russell Street) Petition Pat Rick Rathfelder (6791 O'Neil Street) Municipal Works Lilian Campbell (3524 Windermere Road) Patricia Orr June 29, 2006 (parents 6762 Russell Street) Supports the proposal. Indicates current problems with flooding of the subject land from adjoining properties will be alleviated by the storm sewers for the development. States that the 6753/6755 O'Neil Street property is in poor condition with brush and refuse on the site. Notes that the majority of people in the neighbourhood did not sign the earlier submitted petition of objection. Numerous questions regarding Provincial planning policies, the City's Official Plan and Zoning By -law, staff report PD- 2006 -42, grading/drainage and traffic concerns. No objection to the proposal provided that all City, Regional and Provincial requirements are satisfied. Support application. Note problems with the current deep lots regarding security (darkness), skunks and opossums, maintenance and wet conditions. Feel that additional vehicles from the development will not be significant. Grading and drainage plans are completed after the rezoning approval process. These plans are prepared by a licensed professional engineer in accordance with City standards and then verified in the field by an Ontario Land Surveyor. Grading plans must have regard for pre existing drainage problems, and where feasible, provide opportunities to improve conditions. Traffic from the proposal will be minor in comparison to overall levels on O'Neil Street. Concerns with traffic in the neighbourhood. Notes history and provides photos of drainage and flooding problems on his property and abutting land. Details various issues in opposition to the proposal. The points raised in the letter include: the vast majority of neighbourhood residents do not want any development; the rear yards are not underutilized July 10, 2006 Neighbourhood Meeting Planning Review Provincial Planning Policies 3 PD 2006 57 land; and Provincial policies do not require intensification of backyards (the City is already complying with Provincial requirements through Community Improvement Plans). States that many concerns such as increased taxes, grading, flooding, trees, fencing and traffic have not been adequately addressed and issues are put off to the condominium stage where the City has no jurisdiction. Feels that no credible alternative designs were provided and indicates the residents reject any and all proposals to intensify any of the backyards on this block. Planning staff conducted a neighbourhood meeting at City Hall on June 15, 2006 that was attended by over 30 residents, the developer and his solicitor, as well as Alderman Ioannoni and Alderman Pietrangelo. Staff outlined the rezoning, severance and condominium approval processes required for this project to proceed, Provincial and City planning policies and the Ontario Municipal Board appeal mechanism available to the public and the applicant. The developer's solicitor described the preferred townhouse design submitted and two alternative layouts (see Schedule 4). Residents opposed to the application indicated that change was not wanted in the area and cited concerns including increased taxes, traffic, flooding, loss of open space and trees and that a precedent would be set for other properties in the neighbourhood. A resident indicated that they wouldn't object if four large houses were to be built. Another neighbour believed the best use of the land is the current proposal. The applicant explained typical development requirements for catchbasins and swales and that he intends to enter into an agreement with the Region to provide garbage collection. Information on the operation of a condominium corporation was provided. Fencing and landscaping/planting details were discussed in response to questions from the abutting property owners on Sheppard Avenue. Various matters were considered in assessing the application. Based on this review, approval is recommended with minor revisions. In addition to the analysis contained in report PD- 2006 -42, the review is summarized as follows: The Provincial Policy Statement (PPS) contains comprehensive land use planning policies applicable to all municipalities. The PPS requires the City to provide a range of housing types and densities by permitting and facilitating all forms of housing, residential intensification and redevelopment. Land, infrastructure and public services are to be used efficiently and intensification is promoted on existing municipal services. All applications submitted to the City under the Planning Act must be evaluated based on these expressed areas of Provincial interest. Intensification or redevelopment is not simply restricted to "target areas" such as brownfield sites or Community Improvement Plan areas. The Province now requires that Council decisions "shall be consistent with" the PPS which is stronger than the "have regard to" wording of the previous Planning Act. The Province's Growth Plan came into force on June 16, 2006 and requires the Region and City to establish specific intensification targets. The Growth Plan places even greater emphasis on intensification and redevelopment to satisfy housing demands. Intensification is generally encouraged throughout municipalities and a strategy must be prepared to facilitate and promote intensification. July 10, 2006 4 PD- 2006 -57 Niagara Falls Official Plan The subject land is designated Residential in the City's Official Plan. The policies support a variety of housing forms, lot sizes and densities. A compatible mix of dwelling types is promoted to provide a full range of housing options throughout the City. The Official Plan policies specifically encourage multiple unit developments, smaller lot sizes, innovative housing forms and a more intensive use of vacant residential land and underutilized parcels. The policies indicate that new development and infilling shall be designed and integrated to achieve compatibility and sensitivity with respect to such matters as density and height gradation, building mass and arrangement and setbacks. Appropriate open space and design measures (landscaping and buffering) shall be provided to maximize privacy and minimize any adverse impact on neighbouring uses. The density of the proposed multiple residential project is low at 7.8 units /acre (19.3 units/hectare). This figure is higher than the density of the surrounding single detached development in the neighbourhood (overall block density is 4.3 units /acre 10.6 units/hectare) but still within the low density housing category that permits up to a maximum of 10.1 units /acre (25 units/hectare). This represents an appropriate gradation of development density between the proposal and existing properties. The proposed bungalow height of the development is the same as the majority of homes in the area. The location on a collector roadway (O'Neil Street) that also has bus service meets the general criteria ofthe Official Plan for multiple residential development. Subject to appropriate zoning standards and design details, the mixed single and townhouse development will be physically compatible with the area. Alternative Development Concepts Schedule 4 illustrates the two development layouts prepared by the applicant in response to staff comments in report PD- 2006 -42. The single- detached dwellings at O'Neil Street are maintained. The changes are to the north section of the property where the rear yard amenity areas of the proposed dwellings have been switched to the east and west lot lines thereby increasing the building setbacks in these locations. Concept "A" shows three single- detached dwellings on each side (total 6 units) whereas Concept "B" provides an east and west grouping of four townhouse units each (total 8 units). The visual impact of the length of the wall exposure would be more apparent from the dwellings abutting to the east and west (with rear yards of approximately 15.24 metres /50 feet to 19.8 metres /65 feet) rather than from the dwellings to the north that are over 57.9 metres (190 feet) from the property line. Excess pavement areas are shown on Concept "A" (singles) which could be reduced. The townhouse Concept "B" with a looped driveway and centre courtyard is generally a good design. Both configurations would allow the possible future expansion onto a portion of the deep rear yards to the north. Given the stated objections of the residents at 6762 Russell Street and the lack of interest in development from the other property owners to the north, these designs are likely not desirable from the residents' perspective. The developer's preference is the submitted (revised) plan on Schedule 2. Zoning By law Amendment Under the current R1 C zoning in the neighbourhood, existing landowners could locate accessory buildings /structures (such as above ground pools, garages and storage buildings) in their rear yards within minimal distances to any property line. Swimming pools require a 1.2 metre (3.9 foot) setback while all others must be a minimum of 0.45 metres (1.48 feet) from lot lines. The maximum height (or wall height) of accessory buildings is 3 metres (9.84 feet) with pitched roofs permitted to a maximum height of 4.6 metres (15.1 feet). Recommended Site Specific Zone (Single- Detached Townhouses) Provision Requirement Minimum setback to O'Neil Street 10.1 metres (33 feet) Minimum front yard depth to unit line 4.5 metres (14.8 feet) dwelling portion 6 metres (19.7 feet) garage portion Minimum setback at rear (north) of townhouse units 7.5 metres (24.6 feet) Minimum side yard width (single- detached) 1.37 metres (4.5 feet) Minimum side yard width (townhouses) east west property lines 2.4 metres (7.9 feet) Maximum lot coverage 35% overall site 40% single- detached units Maximum dwelling height 7 metres (23 feet) bungalows Minimum distance between townhouse dwellings 2.4 metres (7.9 feet) Garages each dwelling unit shall have an attached 2- vehicle garage July 10, 2006 5 PD- 2006 -57 The following chart indicates the recommended site specific zone requirements for a maximum of two single- detached dwellings and 8 townhouse units on the land (generally as shown on Schedule 2). With the required relocation of the driveways /garages, the setback of the two single- detached dwellings at O'Neil Street has been increased to be in line with the abutting houses to the east and west. The front yards provided for the units are the same as recent residential developments approved in the City and allow space to park vehicles in the driveway. The minimum residential standard (7.5 metres /24.6 feet) is provided for an amenity area at the rear (north property line) of the townhouse units. The side yard width requested for the 1- storey single- detached dwellings is slightly larger than the municipal provision. The side yard setback recommended for the townhouse units to the east and west property lines has been increased from the submission to 2.4 metres (7.9 feet). This distance is appropriate to provide greater separation to the abutting homes and allow drainage swales and buffer planting in the side yards. A minor reduction to the proposed end -unit widths is necessary to accommodate this change Maximum lot coverage is set for the overall site (35 as well as for the individual single units (40 which is the typical zoning requirement for singles. The height of the proposed development is restricted to bungalows consistent with the neighbourhood rather than the 2- storey height (10 metres /32.8 feet) permitted in most residential zones. The developer indicates the height of the dwelling walls will be approximately 3 metres (10 feet) while the top of the architectural pitch of the roof line would reach the maximum height. The distance between the two blocks of townhouse units will afford privacy for the units on the site (same minimum distance as abutting single- detached dwellings) and also provide a visual building separation (the submitted plan shows a 6.4 metre /21 foot distance between the dwellings). Each unit will require a 2- vehicle attached garage as shown on the plan to meet resident and visitor parking needs (this exceeds minimum City standards). The primary amenity areas for the single- detached dwellings will be to the north next to the garages. These houses July 10, 2006 6 PD- 2006 -57 should be designed to face O'Neil Street to complement the existing streetscape. Any proposed decorative fencing or wall located beyond the front of the single detached dwellings along O'Neil Street is restricted to a 1.2 metre (3.9 foot) maximum height. Severances and Vacant Land Condominium The related severance applications have been rescheduled for the Committee of Adjustment meeting on July 11, 2006. The applications are needed to separate the rear yard portions of the four properties and combine these with 6753 O'Neil Street. Any conditions must be satisfied (such as Council approval of the zoning by -law change) in order for the development to proceed. The condominium application is required to create the individual parcels of land to construct the dwelling units. The Zoning By -law deals with the land use and physical requirements (eg. setbacks) and severances are the land assembly process. The condominium is the future approval stage that addresses development details. Conditions of approval will cover servicing, grading/drainage, privacy fencing, landscaping/tree preservation, the private roadway lighting (low scale not City street lights) and garbage collection. If Regional requirements for weekly waste pick -up cannot be satisfied, a private contractor will be hired by the condominium. The developer must enter into an agreement registered on title with the municipality that regulates all requirements for the project. Securities are provided and the agreement is enforced by the City. Any interested residents may be involved in the condominium process. CONCLUSION: The application complies with the policies of the City's Official Plan and is consistent with the Provincial Policy Statement. The recommended zoning standards and design details to be implemented at the condominium stage will ensure compatibility with the surrounding single- detached neighbourhood. Prepared by: Z e34.4e4 Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved b S:\PDR\2006\PD2006 -57, Recommendation Report, AM- 10 -06, Wedgewood Builders, O'Neil.wpd Tony Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP "1111 111111 11111 1111 111111111 Amending Zoning By -law No. 79 -200 Location: 6753 O 'Neil Street and Rear Portions of 6731, 6741, 6781 6791 O 'Neil Street Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) k: \GIS_ Requests\ 2006\ Schedules \ZoningAM\AM- 10\mapping.map 1:NTS AM- 10/2006 April 2006 SCHEDULE 2 0 03 fig 1 11 if 000749 0.00769 0 N 1- 0 J J F 000'909 0 3 F f o a2 0 1.00'001 _L. 009 i .L 0 'I .L0 07.79.01 N 0 CO 0 s 0 a t N L°Z t .101 90 3.07.70 116 r r Z t N V l d s Z s .L set ,\N 1 01 0 1 13.07,902 0 1 1 0 W z 0 SCHEDULE 3 Ki N N O —J J a_ 0 U N w -3 Z m N to 0 N 0 Ih m ti lV bl 101 *NJ 111Yd Q St 101 HUYd !rid 0) N f 9l O J 1 C.) 0 J t .00 '5£ F 0. .00 ,14T4 T.5'6£ r 1 C NWT r 7 0.'L a ,14 8LZ b) W tl co ,00'S f .0o'S£l 0 O 0 Nitt A. :.6£ C'b 4.z'9l .4B'Z4I 1 0 7 T.z9 x g TST 7d ,6L'£4 1 6Q 0) O M J 7V11 N30/S32/ N O J O 7 d fi z 1 0 7 9 1 ,99'Z4I 9 5' 1 1 0 7 7V 11 N30/S32/„ 7 O 0 1- z o (7 tu z Z Z ce aw rti 9 v) mut IN II% Z 0 Dort. Elan alp' AO 1 SCHEDULE 3 Ki N N O —J J a_ 0 U N w -3 Z m N to 0 N 0 Ih m ti lV bl 101 *NJ 111Yd Q St 101 HUYd !rid 0) N f 9l O J 1 C.) 0 J t .00 '5£ F 0. .00 ,14T4 T.5'6£ r 1 C NWT r 7 0.'L a ,14 8LZ b) W tl co ,00'S f .0o'S£l 0 O 0 Nitt A. :.6£ C'b 4.z'9l .4B'Z4I 1 0 7 T.z9 x g TST 7d ,6L'£4 1 6Q 0) O M J 7V11 N30/S32/ N O J O 7 d fi z 1 0 7 9 1 ,99'Z4I 9 5' 1 1 0 7 7V 11 N30/S32/„ 7 O 0 1- z o (7 tu z Z Z ce aw rti 9 v) t 3v 2 h L 0 T 1 3 B L O T 6 I LOT 7 I L O T 8 1 LOT 9 I L O T 10 I I- n KEY PUN not to stol r '4 oN 10 J F Z O m N M N d ill SUBJECT i l I S '3z N I I I I LINOS i1M OIi ogoro MOS LOTS 1, 2, 3, 4 AND 5 PLAN 205 CRY OF NIAGARA FALLS REgONAL NUNICIPAINY OF NIAGARA Wn( n'.''' 'K lnb•PAM l NT[91[K WIm fi Rm ti +aw v a g r o o „T q r e i i 0 J a I I 0 O -I o 2 0 1 0 0 J J zoos A IMPERIAI NOTE R wISMED K M r n ai0 a... Yatikvs, Cameron IleProod Kerry T. Hove Surveying limited +AT+T 1 A urn P.I O'NEIL rrs• Pron STREET SCHEDULE 4 O'NEIL (PP WC) STREET KEY PUN nol to stole f\ SUBJECT LANDS COY Of Niagara Falls b CX m ua.uz rvmlo ..l4 NO SMACKS Pw.r..eas LOTS 1, 2, 3, 4 AND 5 PLAN 205 CRY OF NIAGARA FALLS REGIONAL cmuou MUNICIPALITY l Of NIAGARA vas IaOt ROOM NOTE IN m VMS NT Wl110 in IOW Matthews, Cameron Heyvood Kerry L Hove Surveying limited fmmy r.• N l o e�9w.Mpr. 1"l�Pa, Corporate Services Department Planning Development The City of 4310 Queen Street Doug Darbyson Director Niagara Falls P.O. Box 1023 Canada 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: Proposal May 29, 2006 Re: PD- 2006 -42, Zoning By -law Amendment Application AM- 10/2006 6753 O'Neil Street Rear Portions of 6731, 6741, 6781 6791 O'Neil Street Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) Proposed Townhouse and Single- Detached Dwelling Development RECOMMENDATION: It is recommended that Council defer consideration of the Zoning By -law amendment application to allow a further neighbourhood meeting to discuss the proposed development. BACKGROUND: The amendment is requested for a proposed 1.281 acre (0.518 hectare) parcel of land on the north side of O'Neil Street, between Dorchester Road and Marion Avenue, as shown on Schedule 1. This site is comprised of the property known as 6753 O'Neil Street and land at the rear of 6731, 6741, 6781 and 6791 O'Neil Street. The applicant proposes a bungalow development of 8 townhouses and two single- detached dwellings all with access to O'Neil Street (see Schedule 2). The property would be created through related severance applications (Files B18 /2006/NF to B21 /2006/NF Inclusive). The sketch submitted for the severance lot additions is attached as Schedule 3. Approval of a vacant land condominium plan would also be required in the future. The property is currently zoned Residential Single Family 1C Density requested a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone l to permit the proposed development. Neighbourhood Involvement The applicant held an information meeting at City Hall on January 25, 2006 that was attended by 15 area residents as well as staff from Planning and Municipal Works. Staff' recommended that the applicant conduct this meeting to receive public input on their preliminary proposal and also explore Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development PD-200642 2 PD-2006-42 any interest in the potential development of a portion of the deep properties abutting to the north (6732 to 6788 Russell Street). The proposal was described by the applicant to contain 10 bungalow condominium townhomes with attached garages that would sell in the $250,000.00 range. The project would be marketed to retirees and young professionals. Planning staff explained the development review process and noted that City, Regional and Provincial policies promote compatible infill developments on underutilized land such as the very deep lots in this area. The majority of the abutting five Russell Street property owners (all were present at the meeting) were not interested in an expansion of the development to include some of their land. Issues and concerns raised by the residents during the meeting were the potential impacts of the development with respect to noise, privacy, trees, lighting and traffic. The related severance applications for the land assembly were deferred at the May 9, 2006 Committee of Adjustment meeting as recommended by staff until after consideration of the zoning amendment application. Approximately 20 interested residents (including several homeowners whose rear land is included in the application) attended the Committee meeting. There were two letters and a petition of objection submitted to the Committee. Circulation Comments Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: May 29, 2006 Building By -law Services No objection. Fire Services No objection. Fire safety matters will be addressed during the future condominium review. Municipal Works Full urban services are available to the site and can accommodate the development. Approval of grading/drainage plans will be required. O'Neil Street is a collector roadway of adequate width. Anticipated traffic from the development is low and a traffic impact study is not required. The individual driveways proposed to O'Neil Street for Units 1 2 need to be relocated to provide internal roadway access from the north. The width of the private entrance roadway must be increased to 7.2 metres (23.6 feet). No objection. Landscaping and cash -in -lieu of parkland dedication will be addressed through the future condominium approval process. Regional Plannin Re En Planning The use conforms with the Region's planning policies. The Provincial Policy Statement encourages intensification and redevelopment in established residential areas subject to appropriate infrastructure and social facilities. Parks, Recreation Culture May 29, 2006 3 PD- 2006 -42 Betty Aldridge Opposed to the rezoning due to impacts on (3364 Sheppard Crescent) stability /character of the mature neighbourhood, the use and enjoyment of individual properties and value of properties. Concerns with site grading, building elevation, sewage capacity, existing flooding problems, snow disposal, tree protection, vehicles (exhaust, noise and lights), garbage collection, visitor parking, fencing, dwelling noise and lights and driveway lighting. Notes issues with traffic generation onto the existing dangerous road system. States that Provincial intensification policies are guidelines that are not binding on municipal government. Petition Residents oppose the rezoning application citing concerns with: vehicle noise and exhaust; traffic congestion; lighting from the development; decreased water pressure; sanitary and storm sewer capacity; loss of park -like setting and wildlife; and change to the character of the area. .Robert DiRisio Supports proposal and believes that revitalization (6753/6755 O'Neil Street) of his father's property is in the best interest of the community. Planning Review Various matters were considered in assessing the application. The review of the amendment is summarized as follows: 1. Provincial and Municipal Planning Policies The 2005 Provincial Policy Statement (PPS) contains comprehensive land use planning policies that all municipalities in Ontario must follow. The PPS requires a range of housing types and densities to meet the projected needs of current and future residents. Intensification and cost- effective development standards are promoted to minimize land consumption and servicing costs. The City's planning policies and decisions need to be consistent with the Provincial Policy Statement. In addition, the Province's Proposed Growth Plan (anticipated to be approved shortly) will require the City and Region to establish specific intensification targets. The City's Official Plan designates the propertyResidential. The policies of the Plan support a variety of housing forms, lot sizes and densities. A compatible mix of dwelling types is promoted to provide =a full range of housing options throughout the municipality for different age groups, household sizes and incomes. The Official Plan encourages multiple unit developments, smaller lot sizes, innovative housing forms and a more intensive use of vacant residential land and underutilized parcels. Infill developments add to the City's residential land supply and are an efficient use of existing services to minimize municipal costs. May 29, 2006 4 PD- 2006 -42 The Official Plan permits a maximum density of 10.1 units /acre (25 units/hectare) for single and semi- detached development, triplexes and other compatible housing forms. The deep single- detached lots on O'Neil Street and to the north on Russell Street are developed at an extremely low residential density of approximately 2.8 units /acre (7.0 units/hectare). The more typical lot development in the area is still low at a density of approximately 5.1 units /acre (12.6 units/hectare). The density of the proposal is approximately 7.8 units /acre (19.3 units/hectare) which is also low for multiple unit housing the Plan allows densities for townhouses up to 20.2 units /acre (50 units/hectare). Many recent bungalow townhouses in the City have been developed at a density of 10 units /acre (25 units/hectare). There is a gradation of development density between the proposal and surrounding singles. The subject land is underutilized property that has direct access to a collector roadway that is designed to accommodate moderate/high traffic volumes. The intersection of Dorchester Road (arterial road) and O'Neil Street to the west is signalized. The location of multiple residential housing on this type of roadway meets the general criteria of the Official Plan. The road capacity is not an issue. The rear portions of the properties to the north also have future development potential and the City is required to consider this abutting land in the review of this application. The Russell Street property owners have specifically expressed no interest in developing their rear land at this time. The current application would preclude future development options on this land unless an existing dwelling on Russell Street was demolished. 2. Development Alternatives and Zoning By law Standards The proposed development of any site needs to balance policy requirements and minimum zoning standards with a design that is sensitive to potential impacts on the surrounding area. The subject land is bordered by properties containing single- detached dwellings. The houses 011 the abutting lots to the east, west and south are located a minimum of 15.24 metres (50 feet) from the property line and there is a minimum 57.9 metre (190 foot) rear yard provided for the dwellings to the north. Through the years, area residents have also enjoyed the open space provided in the deep rear yards of the neighbouring properties (the subject land). Given this setting, improvements to the submitted design maybe possible to achieve a more compatible development. Although single- detached housing is the predominant residential land use in the City, there has been an increasing demand for townhouses due to an aging population (smaller units) and ease ofproperty maintenance. The current proposed bungalow height of the townhouses and single detached units is the same as the majority of homes in the area. The setback of units from O'Neil Street should be increased to at least that of the abutting dwellings (likely more with the required individual driveway changes). The side yards of the end townhouse units (northeast and northwest property boundaries) are the same minimum as required for 1- storey single detached homes, however, these could be increased to allow buffer landscape planting and greater building separation. The minimum residential standard of a 7.5 metre (24.6 foot) amenity area is provided the rear of each unit. The parking provided for each of the units (double car garage and two driveway spaces) exceeds City standards. Alternatively, the orientation of the dwellings could be switched to provide rear yards at the east and west limits of the north portion of the site. This would ensure greater building setbacks to the properties on Sheppard Crescent and Marion Avenue. This arrangement could potentially permit a development of single- detached dwellings probably fewer units May 29, 2006 5 PD- 2006 -42 Prepared by: Richard Wilson Planner 2 but larger homes. Such a configuration warrants further discussion and provides an opportunity to allow a potential expansion of the development onto the deep rear yards to the north in the future. The City encourages the protection of healthy, mature trees on private property recognizing their environmental and aesthetic benefit. Existing trees in the middle of the site would be removed with any development of the land. Subject to an expert review of the tree species and their health, some perimeter trees could be preserved many trees also exist on the lots to the west and north. 3. Severance Applications and Future Vacant Land Condominium The deferred severance applications are scheduled to be considered by the Committee of Adjustment on May 30, 2006. Approval and satisfaction of any conditions (such as the zoning change) is required to create the separate property for the proposed development. The vacant land condominium application would create the individual parcels of land upon which to construct the dwelling units in the future. The detailed design issues such as buffer landscaping, privacy fencing, lighting and tree preservation would be addressed at this stage and included as conditions of draft plan approval for the condominium. Any interested residents may be involved in this process. CONCLUSION: A residential infill development on the subject land has merit based on City, Regional and Provincial planning policies. Any design must be sensitive to the abutting single detached neighbourhood. Given the issues raised by area residents (letter and petition), staffrecommend that the zoning by -law amendment application be deferred to allow a meeting with interested residents and the applicant to discuss potential improvements and design options. The applicant has agreed to the deferral. The related (deferred) severance applications scheduled to be heard on May 30, 2006 should be deferred again and the residents advised prior to the meeting date. Recommended by: Doug Darbyson RW:gd Attach. S:\PDR\2006\PD2006 -42, AM -10-06, Wedgwood Builders, O'Neil.wpd Approved by Tony Ravenda Executive Director of Corporate Services Respectfully submitted: ohn lvfacDonald Director of Planning Development 7/ Chief Administrative Officer Applicant: Subject Land k:1CrIS Requests120061ScheduleslzoningAMAM- 10 \napping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) 1:NTS AM- 10/2006 Apnl 2006 i1— 0 1 SCHEDULE 2 .1„ ning MU will ?a I' flir rE0 ire 1 SCHEDULE 3 2 8 b K h N 0 0 N N H A 1 O 0 f 91 0) f 9 1 v1 0) 4- oz r .00'S£t 1 .00'SC t O 0. 0 in 9 J .00'S£t rn 0 w .£0 t csot1 .0. O Di .1 2 A n ,l4'9Lt 131 AL•£4 ki TS'6f I— Q to 0 J v o, 0 .7Y/1 N3Q/S3N 1, 0 J ,00'5£ t N b' 0 J 7 d N VJ 7 d 69 1 0 7 9 Z 1 ,99'ti t 1 h o 1 9 9 1 1 0 7 7V 11 N30/S3!/, 1- z 0d Z aw a 06/20/2006 10:15 9053570501 June 20, 2006 Via fax #905.356.2354 City of Niagara Falls Planning Development 4310 Queen Street P.O, Box 1023 Niagara Falls, ON, L2E 6X5 Dear Rick Wilson: DOUGLAS GOSLIN Please reply to the .Niagara Falls Office Re: Zoning By -law Amendment Application AMM -1O /2006 6753 O'Neil Street Rear Portions of 6731, 6741, 6781 6791 O'Neil Street Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) As you are aware, Council deferred consideration of the above reference application at it's meeting on May 29, 2006. Please accept this letter as our formal request that the application be heard at the Council meeting to be held on July 10, 2006 Yours very truly, SULLIVAN MAHONEY LLP Per: RECEIVED JUN, 21 2006 PLANNING DEVELOPMENT 40 Queen Street, P. O. Box 1360, 3t. Catharines. Ontario L2R 6Z2 Telephone: 905.6$8.6655, Facsimile: 905 -688 -5814 4781 Portage Road, Madera Pale, Ontario L2E 6B1 Telephone: 905-357-0500, Pacaimile: 905.357 -0501 V.F. Muratori,_ Q.C. P.B. Bedard O.A. Wiggins P.T. Banwell, Q.C, T.A. Richardson P.M. Sheehan W.B, McKeig _q: t' itai D.A. Gosltn J.M. Omit R.B. Cannon J.R. Bush P.A. Mahoney B.A. 'Macdonald M.J. Bonomi G.W. McCann S.J. Premi C. D'Aneelo R. Vacce T. Wall K.A. King J. Clarkson B. J. Troup S. Mokay R.D. Soccio M. Lcscak N. Paduran OfCouniol (Commercial Law): M.D. Kriluck PAGE 01/01 Mr. Doug Darbyson Director of Planning and Development Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON, L2E 6X5 6762 Russell Street Niagara Falls, ON, L2J 1R1 email: infofact @sympatico.ca June 29, 2006 RE: June 15, 2006 Neighbourhood Meeting, Zoning By -law Amendment Application, City File AM- 10/2006 and Recommendation Report PD- 2006 -42 I am writing on behalf of my parents Mr. and Mrs. Gordon Orr of 6762 Russell Street. We would first like to respectfully request that a written response to the questions that I posed in a letter to Mr. Wilson dated June 7 (see Appendix A and Appendix B) be forthcoming in sufficient advance of the July 10th Council meeting to make further written response if we so choose. We feel handicapped in presenting our case without these questions being answered and feel at a decided disadvantage in making proper presentation to City Council in a timely fashion. That having been said, the following is a summary of the concerns and issues that I would like to address in this letter (a more detailed analysis of these points follows). I beg your indulgence with regard to the length of this letter but this is a very serious issue which has many facets that must be addressed. 1) The vast majority of residents (see Mrs. Aldridge's petitions) in this neighbourhood do not want the proposed townhouse project to be built in their backyards and have a reasonable expectation that the R1 C zoning designation of this neighbourhood (Niagara Falls Official Plan) will not be altered. 2) The residents of this neighbourhood take issue with, and object most strongly to, the ongoing portrayal of the backyards in this neighbourhood as being "vacant residential lands" and "underutilized lands They are beautiful and functional backyards with open spaces, a mature urban forest and a "park-like setting" (as described in recent real estate descriptions of properties on the block) situated in a strong, vibrant and healthy neighbourhood. 3) The Recommendation Report PD- 2006 -42 does not provide a sufficient case to support the proposed townhouse development particularly in light of its reliance on the Provincial Policy Statement on intensification as the basis of its argument and its analysis of housing densities, most of which bear no relevance to the zoning of this neighbourhood. The report contains its own argument against the latter analysis when it states that "single- detached housing is the predominant residential land use in the City" (Recommendation Report page 1 PD- 2006 -42, p. 4). 4) A sufficient case cannot be made to the OMB that this proposed townhouse development is imperative to the general good of the City of Niagara Falls over the rights of —and the City's obligation to —the majority of the residents in this neighbourhood who oppose this proposed townhouse development. 5) The Provincial Policy Statement does not require the City of Niagara Falls to intensify neighbourhood backyards in order to meet its targets for intensification. The City of Niagara Falls has already complied with the Provincial Policy Statement and Growth Plan in establishing target areas and pilot projects for intensification in three community improvement plans which, it should be noted, make no mention of this neighbourhood. 6) The City of Niagara Falls does not have a clear and consistent policy with regard to the intensification of healthy, well established and stable neighbourhoods and has rejected many similar projects in recent decisions of Council. There is no coherent rationale to single out this one neighbourhood block for intensification over the objections of the vast majority of its residents. 7) Very serious issues raised by the residents attending both neighbourhood meetings (January 25 and June 15) and in letters to the Planning and Development Department have not been sufficiently addressed including: the inevitable increase in neighbourhood property taxes; the height/grade that the land on which the proposed townhouse development would be built which will be significantly higher than adjacent properties; the significant risk of increased flooding of neighbouring yards due to the grade change, paving and building footprint of the proposed townhouse development producing increased runoff coupled with a reduced area for natural absorption; the loss of mature trees on the subject properties due to the necessity of infilling to increase the grade of the land and the potential damage to the neighbouring woodland due to increased flooding; sound, Tight and air pollution; fencing particularly the partial fencing of neighbouring backyards; increased neighbourhood traffic on an already dangerous street as evidenced in the two deaths that have occurred at the Dorchester Road /O'Neil Street corner of the subject block in recent years; parking —in particular the presence of a private laneway and parking facilities in the backyards of the adjacent properties in the neighbourhood; the fact that adjacent property owners will now have to negotiate with a condominium board rather than an individual land owner in any and all disputes /concerns; the fact that the laneway, catch basins, swales, guest parking, snow removal and storage, and garbage collection will be on private lands and outside of the direct jurisdiction of the City of Niagara Falls. The important issues listed above are continually put off to the "condominium plan" stage at which point the neighbourhood residents do not have any prescribed role or mechanism page 2 for dealing with disagreements with the plan, nor is there a mechanism to ensure that these provisions are properly maintained or acted upon in the future. It is important to state again that the proposed townhouse development will be on private lands and will not fall under the City's direct jurisdiction. 9) We respect and sympathize with the desires of the property owners at 6731, 6741, 6781 and 6791 O'Neil Street to sell a portion of their backyards to Wedgewood Builders of Niagara Ltd. But, in turn, we hope that they can respect our rights and desire to see the block remain as it is, with the character, open space and natural habitat that attracted us to this neighbourhood in the first place. 10) We concede that Mr. Walters (Wedgewood Builders of Niagara Ltd.) seems to be an honourable developer and builds reasonably attractive condominium townhouse developments. But, that does not mean that the neighbourhood wants such a townhouse condominium development in their backyards, nor should they be forced by City Council to accept such a proposed townhouse development adjacent to their backyards. 11) We object to the assertion presented at the January 25 and June 15 neighbourhood meetings and in the Recommendation Report PD- 2006 -42 that just because some of the backyards on the subject block are longer than is considered to be normal in current planning practice, that the residents in our neighbourhood should be asked to suspend our rights and agree to this proposed townhouse development— which, it should be noted, runs counter to the Niagara Falls Official Plan designation for this area that has been in place for over a half century. The neighbourhood was developed at a time when such backyards were permitted and thought to be desirable, just as estate lots are considered to be acceptable and desirable in the current era. The residents in this neighbourhood should not be made to feel guilty for having such backyards or be represented as being unreasonable to want to maintain their neighbourhood as it now is. 12) While stating the obvious, it should be noted that neither Mr. Walters, nor Mr. Di Risio and Ms. Braine (co- beneficiaries of Mr. Michele Di Risio's estate -6753 O'Neil Street) are residents of this neighbourhood and will not be impacted by this proposed townhouse development directly. They are not motivated here by a desire to assist the City in intensifying land uses in accordance with the Provincial Policy Statement. Their desire is profit, quite reasonably. That does not mean, however, that the rights of the vast majority of residents in this neighbourhood should be ignored so that Mr. Walters, Mr. Di Risio and Ms. Braine can maximize the profit potential of this parcel of land. 13) We want it noted that no credible alternative design was presented at the neighbourhood meeting on June 15 as was recommended in the Recommendation Report PD- 2006 -42 (pp. 4 -5). It was quite obvious that what was presented were outrageously contrived alternative plans, not credible attempts to address the concerns of the neighbourhood and did not reflect the suggestions put forward in the Recommendation Report PD- 2006 -42. We want it further noted that the residents present at the June 15 neighbourhood meeting who objecfto this proposed townhouse development reject any and all proposals to intensify any of the backyards on this block. None of the proposals presented at the page 3 neighbourhood meeting are acceptable to the residents in opposition to the proposed townhouse development. To portray any one of the three designs presented at the June 15 neighbourhood meeting as the accepted design of the neighbourhood would be simply wrong. 15) We want to object strongly to the threats levelled at the residents who oppose this proposed townhouse development (January 25 and June 15 neighbourhood meetings) that they should accept the proposed townhouse development because "something worse" will inevitably be built on the land. This fear mongering is unacceptable. Many of the residents of this neighbourhood already feel bullied and intimidated by this whole process and to add to their stress and upset in this manner is unconscionable. Let me elaborate on these points. 1) The majority of residents in this neighbourhood do not want the proposed townhouse development to be built in their backyards. They have written letters to this effect, have signed petitions and have attended two neighbourhood meetings to air their concerns and disapproval. Mrs. Aldridge's petitions in opposition to the proposed townhouse development were signed by 29 out of the 40 property owners on the subject block —or 72.5 percent (property owners other than the 5 properties who wish to sell their properties to Wedgewood Builders of Niagara Ltd.). Mrs. Aldridge indicated to me that only 3 of the property owners (7.5 percent) on the subject block that she spoke to were in favour of the proposed townhouse development. The remaining 8 property owners (20 percent) were either indifferent, afraid to state their opinion, or she was not able to contact them given the tight timeframe within which she had to collect the signatures. It should also be noted that at both the January 25 and June 15 neighbourhood meetings, many people spoke up with great passion in opposition to the proposed townhouse development. It is important to keep in mind here that the residents of this neighbourhood purchased their properties and have paid their taxes on these properties with the understanding that this neighbourhood was zoned Residential Single Family Density (R1 C). They did not buy their properties with a townhouse condominium in their backyards and many of them would not have chosen this neighbourhood in which to reside had there been a condominium townhouse development in their backyards. They believed that this neighbourhood was and would remain a single- detached housing neighbourhood and that there would not be any infilling taking place in the backyards of neighbouring properties. This understanding is supported by the Niagara Falls Official Plan and the Planning Act. The Ministry of Municipal Affairs and Housing states: Why do you need an official plan? Your municipality's official plan: lets the public know what the municipality's general land use planning policies are makes sure that growth is coordinated and meets your community needs page 4 helps all members of your community understand how their land can be used now and in the future helps decide where roads, watermains, sewers, garbage dumps, parks and other services will go provides a framework for setting local regulations and standards, like the size of Tots and height of buildings provides a way to evaluate and settle conflicting land uses while meeting local, regional and provincial interests shows your council's commitment to the planned growth of your community (http://www.mah.gov.on.ca/userfiles/HTMUnts_1_3119_1.html) The Niagara Falls Official Plan is the City's land use contract with its citizens. The Official Plan, amongst other things, is to: provide social and economic stability; assure that everyone understands the ground rules and parameters for development in their backyards, neighbourhood and the city as a whole; and ensures that a fair, equitable and democratic decision making process is in place that serves the needs of all of the City's residents. When the residents of this neighbourhood purchased their properties, whether that be 50 years ago or just last year: they did so with the understanding that this neighbourhood was zoned Residential Single Family Density (R1 C); they did so with the assurance that the Niagara Falls Official Plan was a credible document upon which they could be confident in the understanding of what the character of this neighbourhood would be now and in the future; they did so knowing that the democratic process set in place by the Planning Act protects each individual's property rights; they did so believing that their City Council would protect these rights under the decision making authority given to municipalities by the Province; and if need be, they understand that they have the right to appeal decisions made at the municipal level to the Province through the OMB. Given this understanding, the residents of this neighbourhood have all reasonable right to expect that the R1 C zoning designation of this neighbourhood be upheld and that the zoning by -law amendment application be turned down. 2) The residents of this neighbourhood object most strongly to the ongoing portrayal of the backyards in this neighbourhood as being "vacant residential lands" and "underutilized lands This is a very erroneous and contentious portrayal of the backyards in this neighbourhood. In my June 7 letter (Appendix A) I requested a definition of "underutilized lands the criteria that is used to derive such a designation and asked upon whose authority such a designation is made. To date, I have received no answer to these questions. If such a designation is being used to support the notion that these lands somehow fall within the target lands for intensification described in the Provincial Policy Statement, then it is clear that these backyards are being misrepresented to fit an argument in favour of this proposed townhouse development. The suggestion that these backyards in any way fall within the target lands for redevelopment in the Provincial Policy Statement is preposterous. The type of vacant and underutilized lands identified in the Provincial Policy Statement are not people's backyards in mature and stable neighbourhoods. The backyards of this neighbourhood are beautiful open spaces with many (30 or so) mature trees over 100 years old as well as many younger trees and bushes. residents use these backyards and take pride and care in their lawns, gardens and trees. Each neighbour uses their yards differently according to their needs, page 5 hobbies and personal likes and dislikes. There are a variety of structures in these backyards and activities taking place in them. This is a healthy and vibrant neighbourhood (see Figure 1 and Figure 2). Clearly, the areal photograph of our block shows that this is not vacant, underutilized or derelict land (see Figure 1). This is a beautiful block with mature trees and gardens. On the second satellite image, note how the mature trees of our block stand out from the neighbouring blocks. This is a unique environment that deserves preserving (see Figure 2). Because some land owners may feel that they no longer have use for or cannot maintain their properties does not make this land vacant or underutilized. I do not think that the City of Niagara Falls wishes to go throughout the residential neighbourhoods of the City peering into people's backyards and designating them vacant and underutilized because they contain mostly grass and trees! If the City of Niagara Falls truly wishes to target for intensification some vacant and underutilized lands in this neighbourhood, we would like to suggest that they look at the Russell Street neighbourhood park which the City owns which has never been used to great effect and /or the back half of the playing fields of Martha Cullimore and Prince Philip Schools which are by an definition under utilized. 3) With all due respect, the Recommendation Report, PD- 2006 -42 prepared by the Planning and Development Department does not provide a strong case in favour of the proposed townhouse development. This is not a critique of the considerable abilities of the Planning and Development Department. It is simply that there is nothing for the Planning and Development Department to base a strong case in favour of the proposed townhouse development on. I have read the City of Niagara Falls Official Plan (NFOP), the Provincial Planning Act (PPA), the Provincial Policy Statement (PPS), the Provincial Growth Plan (PGP), the Provincial Greenbelt Plan (Green Plan), the Niagara Escarpment Plan (NEP) and various other regional /provincial planning and environmental policies and plans and have sought professional advice regarding my interpretation of these materials. Nowhere in these many plans, policies and documents do I find anything to support a case for allowing this proposed townhouse development to go forward against the wishes of the vast majority of residents in this neighbourhood. Let me examine here the two central arguments of the Recommendation Report, PD- 2006 -42. First of all, the foundation of the case to support the proposed townhouse development put forward in the Recommendation Report PD- 2006 -42 is compliance with the Provincial Policy Statement and the Niagara Falls Official Plan. We do not disagree that the Provincial Policy Statement (and the forthcoming Growth Plan) promote intensification and diversity in housing. We would argue that the target here was brownfield sites as well as derelict, contaminated and vacant lands. There is nowhere in the Provincial Policy Statement that says that municipalities should seek to intensify residential backyards, nor is there a policy in the Niagara Falls Official Planthat in any way suggests this to be the case. This is simply a case of an opportunistic real estate development that is not guided page 6 Figure 1 Satellite Image of the Subject Block page 7 Figure 2 Satellite Image of the Subject Block in Context With Neighbouring Residential Blocks page 8 by either the City of Niagara Falls Official Plan, the Planning Act, nor the Provincial Policy Statement. Furthermore, it is quite clear that the Provincial Policy Statement and the Growth Plan are intended to be viewed and applied on a municipal -wide scale and that municipalities are to research and develop ways to intensify lands within their urban boundary in a manner that is coherent, consistent and equitable. The City of Niagara Falls has already gone through considerable time and expense to identify suitable lands for redevelopment and intensification and has done so with the cooperation of the land owners of the subject lands. Three plans and associated pilot projects are already in place which meet the policy objectives of the Provincial Policy Statement and the Growth Plan (i.e., the Brownfield Community Improvement Plan, the Downtown Community Improvement Plan and the Main and Ferry Community Improvement Plan). The subject lands in this zoning amendment application do not appear in any of the community improvement plans cited above. This one small project on O'Neil Street is not required for the City of Niagara Falls to achieve its goal of compliance with the objectives of the Provincial Policy Statement and the Growth Plan, nor does it in any way represent the intent and spirit of these two Provincial policies. I also wish to address the notion put forward at the two neighbourhood meetings and the Recommendation Report PD- 2006 -42 that somehow the City Council is required to accept this proposed townhouse development because it in some general fashion meets the goals of the Provincial Policy Statement. At the June 15 neighbourhood meeting, the lawyer for Wedgewood Builders of Niagara Ltd. —Mr. Rocco Vacca— stated that the Provincial Policy Statement made it clear that municipalities were "obligated" to intensify and redevelop lands within the municipality and that this was a significant change in the wording of this policy. The suggestion here was clear —that City Council must approve this proposed townhouse development to be in compliance with the Provincial Policy Statement. This argument is incorrect and misleading and does not represent the provincial municipal relationship properly nor the intent of the Provincial Policy Statement. The Ministry of Municipal Affairs and Housing describes the Planning Act as follows: The Planning Act sets out the ground rules for land use planning in Ontario and describes how land uses may be controlled, and who may control them. The act is legislation passed by your elected provincial representatives to promote sustainable economic proposed townhouse development in a healthy natural environment within a Provincial Policy Statement framework provide for a land use planning system led by Provincial Policy Statement integrate matters of provincial interest into provincial and municipal planning decisions by requiring all decision makers to have regard to the Provincial Policy Statement Statement provide for planning processes that are fair by making them open, accessible, timely and efficient encourage co-operation and coordination among various interests recognize the decision- making authority and accountability of municipal page 9 councils in planning http:// www. mah. gov. on. ca/ userfiles /HTML /nts_1_3119_1.html) There are two key points here. Firstly, the province provides the planning guidelines for municipalities to promote the interests of the province. Municipalities must have regard for (maybe even be obligated to consider) these policies but the Province does not require municipalities to follow each and every guideline in each and every planning case. This would be impossible. As the Provincial Policy Statement states: A policy -led planning system recognizes and addresses the complex inter- relationships among environmental, economic and social factors in land use planning. The Provincial Policy Statement Statement supports a comprehensive, integrated and long -term approach to planning, and recognizes linkages among policy areas. (Provincial Policy Statement Statement, p. 1) Quite clearly, the Provincial Policy Statement does not support the kind of micro scale, opportunistic development that the proposed project represents. The Provincial Policy Statement is quite explicit that all relevant planning policy and plans must be considered and that a coherent, unified and equitable plan for the municipality as a whole be initiated. Secondly, the Province recognizes and supports local authority in planning decisions. In other words, the City Council has the local autonomy to reject a delelopment proposal even if such a proposal meets the objectives of the Provincial Policy Statement. Furthermore, the City Council has exercised this right on many occasions in the past. Similarly, the City of Niagara Falls Planning and Development Department has chosen to overlook the Provincial Policy Statement on occasion. For example, it is my understanding that the Planning and Development Department has initiated Proposed Official Plan Amendment (Nos. 66 and 67) which would effectively extend the urban boundaries of the municipality to accommodate, amongst other things, an "estate residential" area "limited and controlled rural residential development This clearly does not reflect the intent of the Provincial Policy Statement for intensification and directed growth within the current municipal boundary. In a similar fashion, I wish to question the validity of the second paragraph of Section 1: Provincial and Municipal Planning Policies in the Recommendation Report PD- 2006 -42 (p. 3) that describes the City's Official Plan as seeking to achieve "a variety of housing forms, lot sizes and densities The paragraph goes on to state that, "a compatible mix of dwelling types is promoted to provide a full range of housing options throughout the municipality for different age groups, household sizes and incomes." This is indeed a laudable goal for the City as a whole but it does not mean that each and every residential block in the City, or each and every neighbourhood for that matter, must have the full range of housing types. That is why we have official plans and zoning in the first place —to plan for and accommodate a variety of housing types throughout the municipality and to plan for compatible land uses. It does not mean that a neighbourhood must be forced to accept a proposed development which contains dwelling types that are not compatible with the neighbourhood —and the proposed townhouse development is not compatible by "virtue of the fact that the Committee of Adjustment very rightfully deferred this decision to Council page 10 (i.e., this was not viewed as a "minor variance" which is within the jurisdiction of the Committee of Adjustment) and that a zoning by -law amendment must be approved first before the proposed townhouse development can go forward. A counter argument can also be made here that this neighbourhood already accommodates a significant variety of housing forms, lot sizes, densities, age groups, household sizes and incomes. This is already a very diverse and healthy neighbourhood. There are senior citizens and young families on this block. There are different house sizes and styles and, as the Recommendation Report PD- 2006 -42 (p. 4) points out, there are different lot sizes and densities. There are young families here that enjoy the large backyards for swimming pools and sporting activities, and family get togethers. Others use their properties to indulge their gardening hobby or to just sit and relax and enjoy nature. Others on the block who do not have the larger yards are able to take pleasure in the open spaces and mature vegetation in the neighbouring yards. Indeed, it could be argued that the diversity of housing and lot sizes in this neighbourhood make it highly desirable allowing all residents of the block to enjoy the privacy, open feeling and mature trees /vegetation of the block regardless of their individual lot size. If you look at the whole area bounded by O'Neil Street, Portage Road, Russell Street and Dorchester Road there is even more diversity in housing already available in this neighbourhood —a heritage home, century old farm houses, homes built in the 1950s and 1960s, modern homes and an apartment building (R5C zoning). I would venture to say that there is already more diversity of housing in this neighbourhood than is typical of most residential neighbourhoods in the City. The Recommendation Report PD- 2006 -42 goes on to state that the "Official Plan encourages multiple -unit developments, smaller lot sizes, innovative housing forms and a more intensive use of vacant residential land and underutilized parcels" adding that infill is a more efficient use of existing services. The latter point has already been addressed above and speaks to the issue once more of intensification. Yes the Niagara Falls Official Plan does seek to provide a diversity of housing types within the City but it does not state that it is necessary or desirable to intensify the backyards of mature, stable and healthy neighbourhoods, nor that every residential neighbourhood in the City should have a mix of housing types (e.g., the new estate residential developments currently being built in the City). And, as discussed above, this is not vacant or underutilized residential land clearly. The Recommendation Report PD- 2006 -42 (p. 4) acknowledges that "single- detached housing is the predominant residential land use in the City The residents of this neighbourhood, therefore, are simply asking that they be allowed to continue to enjoy a residential neighbourhood whose character is the same or similar to that of the majority of their fellow citizens in the City of Niagara Falls. The Recommendation Report PD- 2006 -42 continues with an analysis of housing on this block and in the city as a whole. It would seem to me that a case is being made by the Planning and Development Department to support this proposed townhouse condominium development based on the fact that some properties on the identified block are "deep ingle- detached lots" that could accommodate additional dwelling units Currently, it is stated, that these lots are at an "extremely'low residential density' of 2.8 unity /acre (Recommendation Report PD- 2006 -42, p 4). These identified properties represent 10 out page 11 of the 45 lots on the block (or 22 percent of the lots on the block). From my read, there is nowhere in the Niagara Falls Official Plan or the R1C zoning designation that prohibits residential lots of this density. In fact, the long lots of this block are continued all along the blocks bordered by O'Neil Street, Portage Road, Russell Street and Dorchester Road —an additional 18 lots bounded by these roads /streets are as long or longer or as large or larger than the lots in question. There is no restriction set out in the Niagara Falls Official Plan that prohibits residents from owning and enjoying large lots. Indeed, much larger estate lots are being developed in the City of Niagara Falls currently. This neighbourhood's character adds considerable diversity to the housing stock of Niagara Falls by providing larger lots at far more affordable prices than those of newer estate residential neighbourhoods in the City. The Recommendation Report PD- 2006 -42 (p. 4) states that the "more typical lot development in the area is still low at a density of approximately 5.1 units /acre It is clear, however, that there is a wide variety of lot sizes and lot dimensions in this neighbourhood which would make determining a "typical" lot density rather difficult. That having been said, the Niagara Falis Official Plan establishes a minimum lot area of 550 m for R1 C residential lots. Given optimum circumstances, that would mean a maximum of 7.4 units /acre on R1 C zoned lands. The "more typical" lot size in this neighbourhood of 5.1 units /acre represents approximately 70 percent of optimal coverage. This is not a low density given the zoning designation of this neighbourhood. Furthermore, the lots identified as being of an "extremely low residential density" are at a density that is 38 percent of the maximum allowable density for an R1 C residential zone. This is clearly not "extremely low" for this zoning designation either. The final point raised in the Recommendation Report PD- 2006 -42 that we wish to address here is the argument about residential densities allowed according to the Niagara Falls Official Plan. We do not dispute the fact that the Niagara Falls Official Plan both allows for and encourages residential developments which are much denser than is currently the case in this neighbourhood and is the case for R1 C residential zones in the City as a whole. But, quite frankly, these figures have no bearing here at all as they describe very different residential zoning types than those found in this area of the city. The predominant residential zoning in this area of the city is Residential Single Family R1 B, R1 C and R1 D. In turn, this is consistent with residential neighbourhoods throughout the city— "single- detached housing is the predominant residential land use in the City" Recommendation Report: PD- 2006 -42 (p. 4). Clearly, what is being described here are multiple- dwelling densities which are not the norm in either in this neighbourhood, nor in the City of Niagara Falls as a whole. It is not reasonable to suggest, therefore, that the proposed townhouse development should be approved because it meets the standards of the Niagara Falis Official Plan with regard to multiple- dwelling units. Quite simply, the current zoning of this neighbourhood does not allow for the various densities described in the Recommendation Report PD- 2006 -42. A sufficient case cannot not be made to the OMB that this proposed townhouse development is imperative to the general good of the City of Niagara Falls over the rights of —and the City's obligation to—the vast majority of the residents in this neighbourhood who oppose this proposed townhouse development. This point follows from discussions page 12 that took place at the June 15 neighbourhood meeting regarding the OMB. The residents that oppose this proposed townhouse development are not asking the OMB for anything but the status quo. The burden of proof at an OMB hearing will be on the City of Niagara Falls and Wedgewood Builders of Niagara Ltd. to prove why this proposed townhouse development should be approved over the wishes of the majority of residents in this neighbourhood. As already illustrated above, the case put forward by the Recommendation Report PD- 2006 -42 does not provide compelling evidence to support the proposed townhouse development over the objections of the majority of residents in the neighbourhood. It is also clear that, according to the Planning Act, the residents of this neighbourhood have a right to have the zoning of their neighbourhood upheld and to appeal any zoning changes to the OMB. As is stated on the Ministry of Municipal Affairs and Housing web site the Planning Act provides the basis for: ensuring the rights of local citizens to be notified about planning proposals, to give their views to their municipal council, and to appeal decisions to the Ontario Municipal Board (OMB). The OMB is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters. (http: /www. mah. gov. on. ca userfiles /HTMUnts_1_3119_1.html) We believe in the strength and validity of the rights of the majority of the residents of this neighbourhood to ask the Province of Ontario through the OMB to uphold the zoning designation of this neighbourhood specified in the existing Niagara Falls Official Plan. 5) The Provincial Policy Statement does not "obligate" the City of Niagara Falls to intensify neighbourhood backyards. In addition, the City has already complied with the Provincial Policy Statement in establishing target areas and pilot projects for intensification in three community improvement plans. I have already addressed this issue in point 2 above. I will just emphasize the point here that the Ministry of Municipal Affairs and Housing states that the Planning Act is responsible for: establishing a streamlined planning process which emphasizes local autonomy in decision- making. (http: /www.mah. gov. on. ca userfiles /HTMUnts_1_3119_1.html) City Council is obligated to its citizens and to doing what is best for its citizens. To suggest that Council does not have the power and the right to do so or that the Province of Ontario forbids them from doing so under the Provincial Policy Statement and /or the Planning Act is a misrepresentation of the municipal- provincial relationship with regard to planning matters: 6) The City of Niagara Falls does not have a clear and consistent policy with regard to the intensification of mature, established, healthy and stable neighbourhoods. Indeed, there is no coherent rationale to single out this one neighbourhood for intensification over the objections of the vast majority of its residents. The City does not have a clear planning'_ policy which seeks to identify backyards in existing neighbourhoods >for intensification, to set targets for intensification of these backyards, and to initiate intensification projects in page 13 these backyards in a coherent, consistent and equitable fashion. This neighbourhood has been targeted for intensification merely because a townhouse development proposal has been brought forward by Wedgewood Builders of Niagara Ltd. and the property owners at 6731, 6741, 6753, 6781 and 6791 O'Neil Street. There is no clear planning rationale for this proposed townhouse development. It is simply opportunity —not good planning. It is not good planning policy to take a healthy and stable neighbourhood and to place it into a situation of turmoil and distress. The Planning Act and the City's Official Plan are designed to bring stability and security to residential neighbourhoods within the City, not to to jeopardize their use and enjoyment, nor to place the residents properties at risk in any fashion. 7) Very serious issues raised by the residents of the neighbourhood at both neighbourhood meetings and in letters to the Planning and Development Department have not been sufficiently addressed. Let me address each point in turn. Increased taxes At the June 15 neighbourhood meeting, Mr. Vacca spoke to this concern stating that his legal expertise included appeals to the Assessment Review Board (as is also stated in his profile on the Sullivan and Mahoney Barristers and Solicitors web site). He stated that in such assessments, housing units of a similar type are used in deriving assessments for a neighbourhood. He said that the proposed townhouse development was not of a similar housing type and, therefore, would not be used to raise the assessed value of the other properties in this neighbourhood. It is worth noting that, Mr. Vacca did stop short of stating definitively that the taxes of the other properties would not be raised as a result of this townhouse development being built. That is because Mr. Vacca's argument is flawed in several respects. First of all, in his presentation of the preferred townhouse design, Mr. Vacca stated that the proposed townhouse development was not significantly different from the housing stock in the neighbourhood and, therefore, the residents concerns about changing the character of the neighbourhood were unfounded. But, in his argument against the suggestion that the property taxes in the neighbourhood would be significantly increased should this proposed townhouse development be built, he acknowledges that indeed the proposed housing was different than the surrounding neighbourhood —so much so, it would not be used as the basis to raise property taxes in the neighbourhood. Secondly, Mr. Vacca failed to acknowledge that two of the units in the proposed townhouse development (those fronting on O'Neil Street) are single detached homes and, therefore, could be used for comparison in the tax assessment valuation of the neighbouring properties. Mr. Vacca stated that the selling price of the units in the proposed development would be from $250,000 to $350,000. Presumably, the only two single detached homes in the proposed development would be targeted for the top end of this range $350,000. This is significantly higher than the assessed values of the other properties in this neighbourhood and will, without question, lead to the assessed value and taxes of these properties being substantially raised. page 14 The height/grade of the land on which the proposed townhouse development will be built It is unfortunate that a representative from Municipal Works was not present at the June 15 neighbourhood meeting. There was a representative from Municipal Works at the January 25 neighbourhood meeting so we had every expectation that this would be the case at the June 15 neighbourhood meeting and that some of our serious concerns about the grade of land and flooding would be addressed by such a representative. These are very serious concerns that have been expressed at both neighbourhood meetings and in letters to the Planning and Development Department. The backyards on this block are highly susceptible to flooding particularly in the spring (see Mr. Gordon Orr's letter). Logic would suggest that, in order for the proposed townhouse development to provide sufficient fall between the units and the sewer on O'Neil Street (approximately 200 -400 feet away), the height of land upon which the townhouses would be built will have to be significantly higher than the surrounding properties. It should be noted as well that the backyards are currently graded downhill from O'Neil Street. I have requested information concerning the grade of the land from the Planning and Development Department (letter dated June 7— Appendix A) but I have not received this information as of this date. Regardless of the degree of the actual height differential, the fact of the matter is that the proposed townhouse development will be on higher land than the surrounding properties. The height of land on which this proposed townhouse development is placed will destroy the open nature of the backyards in this neighbourhood. If this proposed townhouse development proposal is approved, all that the adjacent neighbours will see will be a retaining wall or eath enbankment, fencing and rooftops where they now see lawns and trees. This diminishes the enjoyment and value of these properties significantly. A "buffer zone" has been built into the design of the proposed townhouse development but no buffer zone can compare with the view that the residents of this neighbourhood enjoy currently. And, while buffer vegetation was mentioned at both neighbourhood meetings to be included in the condominium plan, it will be the residents of the condominium not the residents of the neighbourhood that will enjoy these plantings— assuming that the barrier fence is placed on the property line and that the buffer vegetation will be contained within the fence on the side of the proposed townhouse development. The significant risk of increased flooding The only assurances that the neighbourhood has received to date about the significant risk of increased flooding of their adjoining backyards is that three catch basins will be placed along the northern perimeter of the subject property, an additional catch basin will be placed on the southwest and southeast corners of the back portion of the subject property and that they will be connected by swales of unspecified size. Given the enormous footprint of this proposed townhouse development (approximately 2/3 of the land area is covered by structures, laneway and driveways), there is very little land space to accommodate, contain or absorb the runoff from this proposed townhouse development. Most, if not almost all, of this runoff will have to be accommodated by the swales and catch basins. Ice buildup, the filling in of the swales by property owners and the maintenance of the catch basins and swales are serious concerns for the adjoining property owners. This places the neighbouring yards in greater peril for additional flooding.! In addition, the catch basins and swales will be on private property and will not be under page 15 the direct jurisdiction of the City. The maintenance of these facilities will be, therefore, the responsibility of the townhouse owners and the condominium board. It should be noted that the condominium development will not be in peril of flooding if these facilities are not properly maintained. Should problems arise, the only recourse that the neighbours adjacent to this proposed townhouse development will have is to take civil action against the condominium board. The issue of snow removal also relates here. There simply is no space in the proposed plan (unless guest parking is not available in the winter months) to pile the snow in winter. Again, the footprint of the proposed townhouse development is so large that there is little space left to put the snow. And, given the reliance on swales and catch basins to accommodate the runoff from this proposed townhouse development, it is clear that these facilities will not be sufficient to deal with mounds of melting snow and ice in the spring. The destruction of mature trees It should be noted that the mature trees on the subject land will be destroyed given the elevated grade of the proposed townhouse development project. You simply cannot accommodate both the trees and the increased elevation of the land required for the proposed townhouse development project. One of the trees in question is well over 100 years old. Others, while not as old, are also important. At jeopardy too, due to the increased potential of flooding, is the small urban forest that extends over neighbouring backyards. In the order of 30 of these trees are over 100 years old. Species such as oaks and maples are common here. They are significant to the natural heritage of this neighbourhood. It would seem that their protection —given current municipal, regional and provincial policy —is an important responsibility for the City of Niagara Falls. The Recommendation Report PD- 2006 -42 states that "subject to an expert review of the trees species and their health, some perimeter trees could be preserved" but does not provide any assurance that the protection of trees on neighbouring properties will be considered at all. To date, no such expert review has been undertaken of the mature trees on this block. Sound, Tight and air pollution, traffic, and parking Other issues of pollution (sound, light and air pollution), traffic, and parking have been raised by the neighbourhood in letters, petitions and at the two neighbourhood meetings. While we were told that the proposed townhouse development was being designed to accommodate 1 1/2 vehicles per household (Mr. Walters at the January 25 neighbourhood meeting) it now appears that the proposed townhouse development is designed for at least 2 cars per household and up to 4 cars per household. While these minimums may exceed the requirements set out by the Niagara Falls Official Plan, it also raises serious issues of traffic and safety in the neighbourhood. This means the potential of 20 -40 additional cars accessing this proposed townhouse development from O'Neil Street which is already an extremely busy and dangerous street. It also means 20 -40 cars —and their noise, smell and lights —in the backyards of the neighbouring properties on this block. In the Recommendation Report PD- 2006 -42 it is noted that O'Neil Street is designated as a collector road, Dorchester Road is designated as an arterial road and that the intersection of these roads /streets is signalized. Despite these facts, two people have been killed at the corner of O'Neil Street and Dorchester Road in recent years. Their designations as arterial page 16 and collector roads do not make them safe, nor do they provide any comfort to the families who have lost loved ones at this corner. The presence of A.N. Myer Secondary School and the commercial plaza at the east end of O'Neil Street, already makes this a very busy and dangerous street. The neighbours have serious concerns that this proposed townhouse development will just accentuate an already dangerous situation for the residents of this neighbourhood. Fencing Further to the point above about the barrier fence surrounding the proposed townhouse development, it was pointed out by one of the property owners on an adjacent lot at the June 15 neighbourhood meeting that he will now have half a fence in his backyard (given the configuration of the lot lines). This is clearly not fair to him and to the other property owners who are in a similar situation. They now have to either live with a half- fenced backyard or incur the expense of erecting a fence across their whole backyard. Doing so would then have reciprocal effects on the backyards of neighbouring properties. This is clearly not fair or acceptable. Accountability Currently, the property owners on neighbouring lots have only one or potentially two neighbours with which to negotiate differences where they might arise. The proposed townhouse development would potentially necessitate neighbouring property owners to negotiate with a condominium board representing the interests of ten property owners. This is a huge change for this neighborhood. Regardless of the strength and tenacity of the condominium by -laws and rules, this puts the neighbouring property owners at a decided disadvantage in mediating disputes. The residents of this neighbourhood will have to rely on the cooperation and understanding of a condominium board which will be responsible for the private laneway,. catch basins, swales, guest parking, snow removal and storage, and garbage collection on this property. The City of Niagara Falls will not have any direct jurisdiction over these facilities and services. This represents a potential problem in that, in the future, a property owner in the proposed townhouse development may fill in a swale, for example, or not maintain it properly causing flooding onto neighbouring properties (particularly since the neighbouring properties will be at a lower grade) and there will be no recourse for that property owner through the City of Niagara Falls. This is decidedly not a situation that is favourable or desirable to the neighbourhood residents as it represents a huge change in the nature of property relations in the neighbourhood. 8) When important technical problems related to flooding, trees, fencing, snow removal, etc., have been raised at the neighbourhood meetings and in letters and petitions to the Planning and Development Department (and to Wedgewood Builders of Niagara Ltd. at neighbourhood meetings), the typical response has been to side -step these issues by putting them off to the "condominium plan" stage. This is clearly neither a reasonable response to-the requests for information from the neighbourhood, _nor a fair and `responsible manner in which to addre the-genuino'concerns and que of the neighbourhood. The important issues raised by the neighbourhood are summarily page 17 dismissed to a later stage in the process where the neighbourhood does not have any prescribed role or mechanism for dealing with disagreements relating to the plan. Indeed, the neighbourhood has no guarantee that their concerns will be addressed or acted upon at all at the condominium plan stage, or that the condominium board will uphold these provisions set forward in the condominium plan in the future. The proposed townhouse development including specified infrastructure will be on private lands and will not fall under the City's direct jurisdiction. In addition, it is not at all clear where the condominium plan stage falls relative to the time period for appeal to the OMB (a question that I asked in my June 7 letter —see Appendix A). 9) We respect and sympathize with the desires of the property owners at 6731, 6741, 6781 and 6791 O'Neil Street to sell the back half of their backyards to Wedgewood Builders of Niagara Ltd. But, in turn, we hope that they can respect our rights and desire to see the neighbourhood remain as it is with the character, open space and natural habitat that attracted us to this neighbourhood in the first place. The neighbours that oppose this proposed townhouse development are not the ones trying to change the neighbourhood. They have the right to disagree with these changes and to exercise their rights in opposing the proposed townhouse development. One of the land owners present at the June 15 neighbourhood meeting expressed his desire to sell the back half of his property because he can no longer maintain that much land and there are trees that need to come down and he does not want to pay for this. Our sympathies go out to him and the very difficult life decisions that confront him, but it is asking too much of his neighbours to suspend their rights, the enjoyment of their homes and backyards, and the value of their properties because of the difficult situation that he now finds himself in. My parents have faced some of these same problems as well. They have been encouraged by our family to stay in their home because this has been their home for over 50 years. They raised their family here. All of our special family events have taken place here. They love their property and the open spaces of the neighbourhood. These are the difficult decisions of life and we just want our neighbour to know that, while we disagree with regard to the proposed townhouse development, we sympathize with his situation and respect his desire to remain in the neighbourhood. 10) We concede that Mr. Walters (Wedgewood Builders of Niagara Ltd.) seems to be an honourable developer and builds reasonably attractive condominium developments. But, that does not mean that the neighbourhood wants townhouse condominiums in their backyards, or that we should be forced to accept such a proposed townhouse development adjacent to our backyards. The opposing resident's rejection of the proposed townhouse development is not a condemnation of Mr. Walters nor of Wedgewood Builders of Niagara Ltd. and the condominiums that they build. It is simply a statement of the resident's desire to maintain the look and character of their neighbourhood. No matter how attractive Wedgewood Builders of Niagara Ltd. proposed townhouse development might be, it will not be as attractive, as welcoming, as relaxing, as quiet, as natural, as open and serene, as fresh, as pleasurable as the backyards that the residents now enjoy. As one resident in opposition of to the proposed townhouse development said at the January 25 neighbourhood meeting (and I paraphrase), "looking out at even one new light in my backyard is one more light than I currently have to look at now Another resident at the page 18 June 15 neighbourhood meeting said (and again I paraphrase), "how is looking out at a fence and some rooftops ever going to be as nice as my view of lawns and trees is now The bottom line is, there is no way to make the presence of this proposed townhouse development on this block appear or function as well as the neighbourhood and backyards of the properties on this block feel and function currently. To the residents of this neighbourhood, the value of their properties will be significantly diminished by this proposed townhouse development. The residents on this block bought their homes with the expectation that there would be no such townhouse development in their backyards. To reiterate an earlier point, that is what the Official Plan of Niagara Falls told them and they respectfully request that the City Council uphold the current R1 C zoning designation of the subject lands and reject the proposed zoning by -law amendment to the Niagara Falls Official Plan. 11) We want to make special note of our objection to the assertion that just because some of the backyards on the subject block are longer than is normally acceptable in current planning thinking, that the neighbourhood residents should suspend their rights and agree to this proposed townhouse development. This block was developed in the late 1950s and early 1960s. The juxtaposition of O'Neil Street and Russell Street was in place and meant that some longer backyards could be developed. As previously stated, there are at least 18 backyards on the remainder of the blocks bounded by O'Neil Street, Portage Road, Russell Street and Dorchester Road that are as long as or longer, or as large as or larger than the 10 properties in question on the subject block. There are many other examples in this area of the City. The occurrence of these long lots is not unique or unusual in this area of the City or, I would venture, elsewhere in the City. To suggest then that the residents in this neighbourhood should forfeit their rights to the use and enjoyment of these spacious backyards and the neighbourhood character that is a result of these backyards is simply not fair or equitable. The residents should not be made to feel guilty or unreasonable in wanting to maintain their neighbourhood as it now is. This is what they bought and paid for when they purchased their properties. This is what they have been paying property taxes on. They have a right to ask that this neighbourhood be maintained as it is. 12) While stating the obvious, it should be noted that neither Mr. Walters nor Mr. Di Risio and Ms. Braine (co- beneficiaries of Mr. Michele Di Risio's estate) are residents of this neighbourhood and will not be impacted by the change in the character of this neighbourhood that this proposed townhouse development represents. Their desire here is to maximize the profit potential of this land (the Di Risio property -6753 O'Neil Street) as is their right. In doing so, however, they ask that that the rights of the majority of residents in this neighbourhood be ignored. This is clearly not fair or reasonable. It was quite clear at the two neighbourhood meetings that Mr. Walters would not accept any other development design for this parcel of land other than the one that he put forward at the January 25 neighbourhood meeting (and presented, with minor changes at the June 15 neighbourhood meeting). He was quite clear that he needed to build at least two single detached homes and an eight -unit townhouse unit in order to accrue the kind of profit that he desires hence the lack of credible alternative plans presented at the June 15 neighbourhood meeting (see point 13 below). Mr. Walters has stated himself, and through his lawyer Mr. Vacca, that he intends on selling the units in the proposed development for page 19 between $250,000 to $350,000 per unit or a gross of 2 1/2 3 1/2 million dollars. At the January 25 neighbourhood meeting, Mr. Walters stated that his agreement of purchase calls for him to pay the property owners at 6731, 6741, 6781 and 6791 O'Neil Street $30,000 each for approximately the back half of their properties (or a total of $120,000 for these four properties). When asked by Alderman loannoni at the June 15 neighbourhood meeting if the two end units of the proposed townhouse development could be removed to accommodate a wider buffer zone with the neighbouring backyards, Mr. Vacca was quite emphatic that this could not be done because there would not be enough profit in the proposed townhouse development to make it doable. He went on to elaborate that, although the Di Risio land was "not in good condition" the sale agreement was to pay a "premium price" for the land on the understanding, of course, that the multiple- dwelling proposal be approved. Mr. Vacca also went on to say that no other developer would purchase the Di Risio land for the price that Wedgewood Builders of Niagara Ltd. were willing to pay and put up any less dense of a development. What Mr. Walters and Mr. Vacca are talking about is the desire of Wedgewood Builders of Niagara Ltd. to net a particular profit from this development. This is a profit margin that Mr. Walters has determined works best for him. The bottom line here is that: Mr. Walters (Wedgewood Builders of Niagara Ltd.) wants to maximize his profit; Mr. Walters' purchase agreement with Mr. Di Risio and Ms. Braine is clearly out of line with what the property is reasonably worth in today's market; Mr. Di Risio and Ms. Baine wish to maximize the value of their inheritance; and that the residents of this neighbourhood are being asked to suspend their rights in order for them to do this. This is unreasonable. Mr. Di Risio and Ms. Braine are not currently impeded by either the neighbourhood or the R1 C zoning designation of this property from either selling or "revitalizing" their father's property. It would also seem reasonable to suggest that Mr. Di Risio and Ms. Baine would be granted permission to tear down their father's house, to sever two parcels of land approximately 51 feet wide and build two single detached houses within the R1 C zoning designation of this property thereby making a reasonable profit and fulfilling the City's wish to intensify this land by 50 percent. If there is not sufficient profit to be made to interest Mr. Walters and Wedgewood Builders of Niagara Ltd. in such a venture, then perhaps another developer /builder should be sought out. 13) We want it noted that no credible alternative design was presented at the neighbourhood meeting on June 15 as was recommended in the Recommendation Report PD- 2006 -42 (pp. 4 -5). Talking to area residents after the meeting, words /phrases like "an insult to our intelligence "outrageous "ridiculous" and "a waste of time" were used to describe the alternate designs presented at the neighbourhood meeting. The Recommendation Report PD- 2006 -42 proposed that the neighbourhood meeting should be called to consider alternative designs including a reorientation of the townhouses and the possibility of single- detached houses instead of the proposed townhouse condominium. It was apparent to the residents present at the June 15 neighbourhood meeting that neither of these suggestions by the Planning and Development Department were given serious consideration by Wedgewood Builders of Niagara Ltd. page 20 Mr. Vacca— representing Wedgewood Builders of Niagara Ltd. presented first the original plan (with minor alterations as per the Recommendation Report PD- 2006 -42) displayed in colour (brown for buildings, green for the open space and Tight grey for the private laneway and driveways) and including a detailed rendering of the townhouses /single- detached houses, garages and front porch as well as setbacks. Two alternative designs were presented in black and white. The private laneway and the driveways on these plans were coloured black and were configured in a bizarre and convoluted fashion. The townhouses /homes were designated simply as a square box that was too faint to see at a distance. In presenting the alternatives, Mr. Vacca described these alternative plans as "ugly "all cement and asphalt "not something that you would want to see developed in your neighbourhood "not the preferred design of Wedgewood Builders" and pointed out that the potential right -of -way on the alternative plans (as suggested in the Recommendation Report PD- 2006 -42) "put the backyards of the homes on Russell Street at risk of being developed" —which begs the question as to why such a development in the backyards of the Russell Street properties is "risky" but the proposed townhouse development in the backyards of the O'Neil Street properties is not. No explanation was offered for why the alternative plans had such elaborate and convoluted driveways and laneways or why the T- shaped laneway design (on the "preferred design was abandoned on these designs (a design that Mr. Walters told us at the January 25 neighbourhood meeting would accommodate garbage collection). There was no discussion of the rationale and reasoning for these alternative designs at all except that they allowed for a larger buffer zone between the proposed development and the backyards of homes on Sheppard Crescent and Marion Avenue (as suggested in the Recommendation Report PD- 2006 -42). In the end, Mr. Vacca simply concluded that the two alternative designs were ugly and not acceptable and that the "preferred design" of Wedgewood Builders of Niagara Ltd. was the best design for this proposed development. The meeting continued on to other issues from there. While Wedgewood Builders of Niagara Ltd. complied with the suggestions made in the Recommendation Report PD- 2006-42 with regard to potential alternative designs in their presentation at the June 15 neighbourhood meeting, it was clear from their statements that they had no intention of deviating from their original design, nor were they willing to alter this design in any significant fashion to accommodate the concerns of the majority of residents of this neighbourhood, many of whom were expressing these concerns at the neighbourhood meeting. 14) We want it further noted that the residents present at the June 15 neighbourhood meeting rejected all three designs presented. No one design was favoured over another. At the end of the June 15 neighbourhood meeting, Mr. Vacca made a point of saying something to the effect that he took it that we had all rejected the two alternative designs and that we preferred the original design. It should be noted that, it was Mr. Vacca who rejected the two alternative designs not the neighbourhood residents present at the June 15 neighbourhood meeting. There was no vote taken to this effect and no one said a word in response to Mr. Vacca's concluding statement. This should not be construed that the residents present at the June 15 neighbourhood meeting stated a preference for the modified original design. They did not! Throughout the meeting, the residents resoundingly- rejected any proposal that would build townhouses in their backyards. page 21 15) We want to state that we are offended by and most strongly object to the threats levelled at the residents who oppose this proposed townhouse development (January 25 and June 15 neighbourhood meetings) and that they should accept the proposed townhouse development because "something worse" will inevitably be built on the land. This argument defies logic. If the municipality and /or province reject this proposed townhouse development, why would they turn around and accept "something worse That does not make sense. This argument is simply a case of fear mongering at its worst. Many of the residents of this neighbourhood already feel bullied and intimidated by the events surrounding this zoning and severance application. They have expressed to me fear and helplessness at the way in which this application procedure has worked, the use of jargon and plans /policies to try and discredit their genuine concerns, and the suggestion that they do not have reasonable grounds or a right to fight for the status quo in their neighbourhood. Others have said that they are too afraid to speak up because they are too shy or overwhelmed by the process. I was asked by my parents to look into this matter for them and their neighbours. I do so out of a genuine concern for the residents of this neighbourhood, the neighbourhood that I grew up in since the age of one. I am accutely aware of the urgent need that the residents who oppose the proposed townhouse development feel. They want their views expressed in a way that they hope will receive some measure of legitimacy. I have taken the time to read all of the relevant plans and policies, to explore various municipal, regional and provincial documents, and have sought professional advice in my understanding of these materials. I have done so because the residents in this neighbourhood who I have spoken to are unable to do this for themselves. The residents of this neighbourhood are not orators, politicians, lawyers, developers or civil servants versed in the intacracies of local planning and politics. They are average tax- paying citizens who have peacefully and happily resided in this neighbourhood for many years and, in some cases, many decades. They have placed their faith in their local City Council and the public employees of the City to ensure that their rights are respected and upheld. The residents of this neighbourhood have built a strong, stable and desirable neighbourhood. They take great pride in their homes and in the spacious nature of their backyards. Neighbours such as my parents consider themselves to be stewards of the land and protectors of the natural environment of this neighbourhood. The trees, animals, birds and open yards of this block are a source of great pride and pleasure for the neighbourhood as a whole. Quite simply, the proposed townhouse development will significantly and irrevocably have a negative impact on the use and enjoyment of the neighbouring backyards and on the beauty and natural setting that makes this residential block so unique and desirable. There is no way that looking out at a fence and the rooftops of a townhouse block, no matter how attractive the architecture and fencing may be, can compare with the serene beauty o f the openness, lawns, gardens and trees of this block. page 22 Thank you for your consideration of our objections and concerns. On behalf of my parents, Mr. and Mrs. Gordon Orr, I respectfully request that the Zoning By -law Amendment Application, City File AM- 10/2006 be rejected. Yours truly, Patricia M Orr page 23 Appendix A June 7 Letter to Mr. Wilson (received June 9) requesting information with regard to the zoning by -law amendment application, Recommendation Report PD- 2006 -42 and various planning issues page 24 Mr Richard Wilson Planner 2 Planning and Development Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON, L2E 6X5 RE: Zoning By -law Amendment Application, City File AM- 10/2006 Dear Mr Wilson, 142 Lee Avenue Bradford, ON, L3Z 1A9 email: infofact @sympatico.ca June 7, 2006 I am writing with regard to Zoning By -law Amendment Application, City File AM- 10/2006 concerning the properties designated as 6731, 6741, 6753, 6781 and 6791 O'Neil Street. I have been asked by my parents —Mr and Mrs Gordon Orr, 6762 Russell Street —to investigate this matter on their behalf. I am writing this letter to address some concerns and questions that I have about the proposed zoning by -law ammendment, severance and townhouse condominium plan. It is my understanding that the zoning by -law amendment application was deferred at the May 29, 2006 City Council Meeting to facilitate holding a further neighbourhood meeting (the date of which is pending to discuss the proposed plan of severance and zoning change. I have read the background materials concerning this application (Recommendation Report PD- 2006 -42; correspondence from the Niagara Region Planning and Development Department; correspondence from Mr Robert Di Risio; and correspondence from Mrs Betty Aldridge including a petition) as well as the City of Niagara Falls Official Plan (NFOP), the Provincial Planning Act (PPA), the Provincial Policy Statement (PPS), the Provincial Growth Plan (PGP), the Provincial Greenbelt Plan (Green Plan), the Niagara Escarpment Plan (NEP) and various other regional/provincial planning and environmental policies and plans. As a result, I have a number of questions— points of clarification really —that I hope that you will be able to address for me prior to the neighbourhood meeting. I have framed the following questions as best I could to minimize the length of response required. I have also numbered the questions so that you can refer to them by number in your response rather than having to repeat the questions. You may email me at the above email address with your responses if you like. I appreciate your time and patience in addressing my questions page 25 1 The City of Niagara Falls Official Plan, The Provincial Planning Act, The Provincial Policy Statement and The Provincial Growth Plan I wish to understand further a few of the parameters of the municipal provincial relationship and the mandate of the NFOP, the PPA, the PPS, and the PGP with regard to the proposed zoning by -law amendment, severance and townhouse condominium plan. 1.1 I understand that the Province, through its various policies and plans (which are sometimes competing in nature), sets out the policy foundation and direction for each and every municipality in the province. 1.1.1 Do municipal governments have the right to reject a specific zoning by -law amendment and associated development even if said zoning by -law amendment and development conform to Provincial Policies and Plans (e.g., PPS)? In other words, is a municipal government required to pass any and all zoning by -law amendments and associated development plans —I am talking on a micro scale here —when they conform to provincial policy or does a municipal government have the local autonomy to make case specific decisions that it feels are in the best interests of the community? 1.2 I understand that the PPS actively promotes diversity in housing and that the NFOP recognizes the need to develop a variety of housing types within the city boundary. 1.2.1 Does this mean that every block in the City of Niagara Falls, and /or every neighbourhood in the city for that matter, must have a full range of housing types from single- detached dwellings to multiple -unit dwellings? 1.2.2 Could you please direct me to the sections of the PPS and the NFOP that outline this policy (i.e., the directive that all blocks /neighbourhoods within a municipality are required to have a diverse range of housing types)? 1.3 I further understand that the PPS actively encourages municipalities to: optimize the use of existing urban infrastructure and services; redevelop and revitalize vacant, underutilized and contaminated lands; promote infill within the urban boundary and discourage urban sprawl; and clean up and intensify lands within the urban boundary. As I read the Provincial Policy Statement and associated Ministry web sites, it seemed to me that the focus of this provincial policy was the identification and redevelopment of targeted sites and areas within the city boundaries -most particularly "brownfield" sites. It is also apparent that the City of Niagara Falls has spent considerable time and expense to conduct a comprehensive and thorough inventory of potential lands and areas of the city for redevelopment and intensification (Le., the Brownfield Community Improvement Plan, the Downtown Community Improvement Plan and the Main and Ferry Community Improvement Plan). 1.3.1 Has the City of Niagara Falls not already complied —in spirit and in a very tangible way— with the directives.of the PPS and the PGP by inventorying _an identifying target areas within the city boundaries for redevelopment and intensification and by initiating pilot programs for redevelopment and page 26 intensification (the community improvement plans cited above)? 1.3.2 Has the block and /or neighbourhood surrounding the 6731, 6741, 6753, 6781 and 6791 O'Neil Street properties been identified by the City of Niagara Falls as a priority site (or even a secondary site) for redevelopment and intensification in any of the above plans? 1.4 The PPS and the PGP encourage intensification and the increased development of multiple- dwelling units. It is stated in Section 2: "Development Alternatives and Zoning By -Law Standards" of Recommendation Report: PD- 2006 -42 (page 4) that "there is an increasing demand for townhouse condominiums" as a rationale for approving the proposed zoning by -law amendment application and proposed townhouse condominium development. 1.4.1 Since these arguments are used to support this development, am I to assume that all new residential developments in the City of Niagara Falls are now restricted to higher density, multiple family unit developments only? In other words, has there been a moratorium placed on any new single detached residential areas particularly those zoned R1A and R1 B which have a larger minimum lot sizes than R1 C residential neighbourhoods? 1.4.2 Has there been a subsequent planning policy amendment made to the NFOP? 1.4.3 Were Mr Di Risio and Ms Braine (co- beneficiaries of Mr. Michele Di Risio's estate), the property owners at 6731, 6741, 6781 and 6791 O'Neil Street and the applicant Wedgewood Builders of Niagara Limited explicitly asked by the City of Niagara Falls to initiate the proposed zoning by -law amendment application, severance and townhouse condominium plan in order for the municipality to partially fulfill its obligations to comply with the PPS and PGP? 1.5 It would seem to me that a case is being made by the City of Niagara Falls Planning and Development Department to support this zoning by -law amendment, severance and proposed townhouse condominium development based on the fact that some properties on the identified block are "deep single- detached Tots" that could accommodate additional dwelling units. In fact, the identified properties represent 10 out of the 45 lots on the block (or 22% of the lots on the block). Furthermore, it is contended that intensification of these lots would conform to municipal and provincial initiatives for intensification and would provide diversity in the municipal housing stock although it is stated in the Recommendation Report: PD- 2006 -42 (page 4) that "single- detached housing is the predominant residential land use in the City. It could be argued that the variety of housing types and sizes as well as the various lot sizes and configurations that exist on this block already lend great diversity to the housing stock of this neighbourhood and the city as a whole. Indeed, it could be argued additionally that this neighbourhood is highly desirable because of this diversity— allowing all residents of the block to enjoy the privacy, open feeling and mature trees /vegetation of the block regardless of their individual lot size. That having been said, let me extend the logic of the Planning and De velopment Department's argument to city as a whole. page 27 1.5.1 What is the definition of "extremely low residential density" in the City of Niagara Falls? 1.5.2 Has there been a thorough and consistent inventory of all residential properties in the City of Niagara Falls to identify areas that have been developed at an "extremely low residential density 1.5.4 Is there a community improvement plan in place or in process which specifically identifies and targets for redevelopment and intensification properties deemed of an "extremely low residential density 1.5.5 Is there any place in the NFOP, the PPS or the PGP that specifically targets for intensification the backyards of residential properties in mature, healthy residential neighbourhoods? 1.5.6 Is it fair to say that the NFOP, the PPS and the PGP supports the redevelopment and intensification of lands within the municipal boundary but does not require that all lands within the municipal boundary that are deemed "extremely low density" must be redeveloped and intensified? 1.5.7 Is it fair to say that this particular block (the O'Neil Street, Marion Avenue, Russell Street and Dorchester Road block) has been identified by the Planning and Development Department for intensification only because a proposal was brought forward to the Department by Wedgewood Builders of Niagara Limited (in cooperation with the land owners on O'Neil Street who have agreed to sell their lands to Wedgewood Builders of Niagara Limited)? 2 The City of Niagara Falls Official Plan and Recommendation Report: PD- 2006 -42 I have read through the City of Niagara Falls Official Plan taking particular note of the sections pertaining to the zoning of residential areas in the city. I have a few questions regarding the NFOP and the Recommendation Report: PD- 2006 -42. 2.1 It has been my understanding that the intent and goal of municipal official plans and the Provincial Planning Act was the efficient and orderly planning of land uses, infrastructure, services, etc., in municipalities. In turn, I am under the understanding that the zoning of areas of the city establish minimum standards for the size, setbacks, structures and land uses allowed within a given zoning designation. Furthermore, it is my understanding that one of the goals of land use zoning is to establish an environment of land use stability which has positive social and economic outcomes /benefits. I am also of the understanding that land use zoning brings a measure of assurance to property owners in that, through the Official Plan, they are made aware of the permitted /prohibited land uses and minimum standards for the properties and neighbourhood lands surrounding them. 2.1.1 Is this a reasonable interpretation of the spirit and intent of the Provincial Planning Act and the City of Niagara Falls Official Plan? 2.2 It is stated in Section 2: "Development Alternatives and Zoning By -law Standards" (Recommendation -Report: PD- 2006 -42, page 4) that "single detached housing is the predominant residential land use in the City." page 28 2.2.1 I take this to mean that the single- detached residential character of this neighbourhood is not unique in the City of Niagara Falls. Is this interpretation correct? 2.2.2 What percentage of the housing in the City of Niagara Falls is single detached housing? 2.2.3 What percentage of residential blocks in the City of Niagara Falls have a diversity of housing types (i.e., single- detached dwellings plus one or more of any of the other multiple dwelling types)? 2.3 Section 1: "Provincial and Municipal Planning Policies" of the Recommendation Report: PD- 2006 -42 (page 4) contains an analysis of the relative densities of the 10 properties on O'Neil Street and Russell Street that are deemed the "deep single detached Tots" as well as an unspecified number of lots in the neighbourhood identified as "the more typical lot development in the area There are also a number of other figures offered that cite the higher densities of other residential types in the City of Niagara Falls. It would seem that these figures have no bearing here at all as they describe very different residential zoning types than those found in this area of the city. The predominant residential zoning in this area of the city is Residential Single Family R1 B, R1 C and R1 D. Given that it is stated in the Recommendation Report: PD- 2006-42 (page 4) that "single- detached housing is the predominant residential land use in the City it is clear that multiple dwelling residential zones are the exception in the City of Niagara Falls not the single- detached R1 C homes on the subject properties as is implied on page 4 of the Recommendation Report: PD- 2006 -42. Furthermore, it would seem to me that the issue is not: whether or not the NFOP and the PPS allows for residential developments that are of a much higher density than is currently the case in this neighbourhood; whether or not much higher density developments are already being built in the City of Niagara Falls —which actually begs the question as to why there is such concern that this one small project be built when other high density projects are already being built in the city that fulfill the City's obligation to intensify residential development within the urban boundary; or that the PPS encourages intensification and high density residential developments. The issue is whether or not the residents of this neighbourhood should be forced to accept a development project in their backyards that: does not conform to the Residential Single Family R1 C zoning designation of their neighbourhood; negatively and irrevocably impacts the character and stability of their neighbourhood; impedes and diminishes the use and enjoyment of their properties; devalues of their properties; and puts the safety of their lands, vegetation and structures in jeapardy. The residents of this neighbourhood bought their homes /properties in good faith and are justified in having a reasonable expectation that the character of their neighbourhood will not be altered in any significant fashion. That having been said, I do have a few questions regarding the line of argument put forward at the neighbourhood meeting held on January 25, 2006 and the Recommendation Report: PD- 2006 -42 that suggests that the residential lots in this neighbourhood are unique and that the neighbourhood is somehoW obligated to surrender their rights and this development to proceed based on this supposed uniqueness. page 29 2.3.1 As I read the NFOP, the zoning designation of this neighbourhood Residential Single Family 1C Density (R1 C)— establishes a minimum lot area of 550 m Is there a maximum lot area associated with the R1 C zoning designation? 2.3.2 What percentage of the residential housing in the City of Niagara Falls is zoned R1A, R1 B, R1 C, R1 D and R1 E? 2.3.3 The R1 C zoning designation allows for a maximum of 7.4 units /acre given optimum circumstances —by this I mean that in order for the maximium number of units per acre for the R1 C zoning designation to be achieved the configuration of a parcel of land would have to allow for the optimal division of the lands to maximize the number of units on the parcel of land while at the same time meeting the minimum requirements of the R1 C zoning designation. What percentage of the residential blocks in the City of Niagara Falls zoned R1 C have achieved this maximum number of units per acre? 2.3.4 It is stated in the Recommendation Report: PD- 2006 -42 (page 4) that "the more typical lot development in the area" has a density of approximately 5.1 units /acre or nearly 70% of the optimum units /acre for this zoning type. This would not seem to me to be a low density for this zoning designation at all as is suggested on page 4 of the Recommendation Report: PD- 2006 -42. Furthermore, it would seem to be highly misleading to compare this density with that of residential zones which allow for multiple dwellings as is the case in the argument put forward on page 4 of the Recommendation Report: PD- 2006 -42 particularly since the Planning and Development Department acknowledges that multiple- dwelling residential types are not typical of the housing stock in the city. Could you please tell me what the average and range of units /acre is of all developed blocks zoned R1 C in the City of Niagara Falls? 2.3.5 The subject properties on O'Neil Street, as well as those backing on to these properties on Russell Street, are described as being of an "extremely low density From my calculation, they achieve 38% of the maximum allowable density for an R1 C residential zone. Is this atypical of other residential lots zoned R1 C in this area (e.g., north of Thorold Stone Road or even on the blocks bounded by O'Neil Street, Stamford Green, Russell Street and Dorchester Road)? 2.4 It is stated in the Recommendation Report: PD- 2006 -42 (page 4) that "the subject land is underutilized property 2.4.1 Could you please provide me with the planning definition an designating a parcel of land as "underutilized 2.4.2 Under whose authority is such a determination made? 2.4.3 Is /was there public consultation on the determination of such a designation concerning the subject lands? 2.5 The Recommendation Report: PD- 2006 -42 contains a summary of comments from various sources including Municipal Works. In the Municipal Works summary, it states that, "approval: of grading/drainage plans wilt -be required It is distressing that this serious issue is being put off in this fashion. My parents purchased their land from Mr Michele Di Risio over 50 years ago and cleared the land on which they built their page 30 house. This land was heavily forested at that time. My parents spent months on end clearing trees, brush, vines, etc., in order to gain enough space to have their house built. It took years for them to clear their whole lot to a manageable woodland. Their house was completed in the spring of 1956 and was the second new house built on this portion of the block. Russell Street itself was still a dirt road at this time. Construction on the house was not easy because of the swampy nature of the lot. In fact, one bulldozer sank deeply in the muck and had to be pulled out with trucks and chains. The contractor refused to continue construction on the house until the land dried up. The first spring my parents were in their new home it became painfully clear that the land on which they had built their home was indeed an intermittent wetland. As more houses were built on the block, the flooding problem became accute as the natural drainage pathways were blocked by houses. I can personally recall what fun it was as a kid having the backyards flood. The majority of backyards on the block from Sheppard Avenue to Marion Avenue flooded in the fall and froze over in the winter. We would have block skating parties, skating through the woods and over all of the properties. In the spring, however, the backyards were a mess and the houses were prone to substantial water seepage. A small river ran through my parent's basement. Failing to get the City of Niagara Falls to assist them with this problem, my father and his neighbours on Russell Street put in an elaborate tiling and cistern system across four of the Russell Street properties in hopes of reducing the flooding of their backyards and homes. They were given permission to hook this drainage system into the city's storm sewer system on Russell Street. Still, the backyards flood seasonally. This has had serious negative consequences on the mature trees of the neighbourhood (many trees have been lost in the past five decades) and on the homes and properties on the block. One factor that has helped to reduce the impact of this flooding on the neighbourhood is the very nature of some of the backyards on this block being long and able to partially contain some of the water and keep it farther away from the houses on the block. 2.5.1 At what point in the planning and approval process will the approval of grading /drainage plans occur? 2.5.2 Is there public input into this process? 2.5.3 Can a plan (i.e., the townhouse condominium plan) be halted if the grading and drainage plans do not meet adequate standards —by this I mean standards that the effected residents in the neighbourhood consider to be adequate given their experiences with the drainage problems on this block? 2.5.4 Who is liable if the grading /drainage plans are approved and the development is allowed to go forward and the surrounding properties are damaged as a result of increased run off and flooding from the built -up area of the development, the height of land on which the development is placed, and the inability of the drainage facilities to accommodate the increased or redirected runoff? 2.5.5 Can the City Council and the Committee of Adjustment make a sound decision on the proposed zoning by -law amendment and severance without first knowing if the proposed development is feasible from a grading and_draina� point of view? In other words, should the grading and drainage plan not be drafted before such decisions are made so as to ensure that the City Council page 31 have all of the relevent information necessary to make an informed decision on the proposed zoning by -law ammendment, severance and townhouse condominium plan? 2.6 It is stated on page 5 of the Recommendation Report: PD- 2006 -42 that "an expert review of the tree species and their health" is suggested. 2.6.1 When will such a review take place? 2.6.2 Again, would it not be prudent to conduct such a review prior to the next City Council Meeting and Committee of Adjustment Meeting on this proposed zoning by -law amendment and severance so that full information is available to properly and thoroughly address any issues related to the natural environment of the area? 2.6.3 Will such a review also take into consideration the potential impact of the development of the mature trees on adjacent properties? 2.6.4 Who is liable if the mature trees on the adjacent properties are in any way damaged by the proposed development (e.g., through direct damage in construction or long range damage with the potential of increased flooding of the surrounding backyards). 2.7 I have read Mr Di Risio's letter in support of the proposed zoning by -law amendment, severance and townhouse condominium plan as well as that of Mrs Aldridge (plus petition) who speaks for a group who oppose the proposed zoning by -law amendment, severance and townhouse condominium development. I have a few questions about the issues raised in these submissions. 2.7.1 Issues of the environmental impact of the proposed development are addressed in Mrs Alderidge's letter and petition namely, issues of light, noise and air pollution, potential flooding, and site elevation. It would seem that all of these concerns are being put off to the condominium plan stage at which time "any interested residents may be involved" (Recommendation Report: PD- 2006 -42, page 5). Do the residents of this neighbourhood have any guaranteed rights or mechanisms for appeal should their concerns not be addressed in what they feel is an adequate manner at the condominium plan stage? 2.7.2 Will the condominium plan stage not take place after the deadline for appeal to the OMB 2.7.3 The issue of grade was dealt with in the Recommendation Report: PD- 2006 -42 (page 4) in a rather cursory fashion. It was stated that the height of the townhouse condominiums (the actual structures themselves) will be "the same as the majority of homes in the area But, the point about how high the land on which these townhouse condominiums would be built has not been addressed. Municipal Works puts this issue off to the condominium plan stage. This is a very serious issue for the residents of this neighbourhood, especially those whose properties are adjacent to the subject lands. It would seem that the land on which these townhouse condominiums would be built might have. to be significantly higher than the surrounding properties. This leads to serious issues of use and enjoyment of the surrounding properties, property and page 32 environmental damage through increased runoff and flooding as well as issues of noise and light pollution. Does the NFOP not specifically protect the freedom of use and enjoyment of property owners as well as protect them from the potential risk of damage to their properties and the negative impact on the value of their properties? 2.7.4 At the January 25, 2006 neighbourhood meeting the representative for Wedgewood Builders of Niagara Limited stated that the planned townhouse condominium deveoplement was designed to accomodate 1 1/2 vehicles per unit. It now appears that the plan accomodates two vehicles per unit (although actually each unit can accomdate four vehicles —two in the garage and two on the driveway) which would mean a potential of 20 -40 vehicles in this development. Mrs Aldridge raises the neighbourhood's concerns about the exhaust emmissions generated by these vehicles as well as the noise and Tight pollution that they would create in everyone's backyard. She also raises a neighbourhood concern about the increased traffic that this development would generate on O'Neil Street. It is stated in the Recommendation Report: PD- 2006-42 (page 4) that O'Neil Street is "a collector roadway that is designated to accomodate moderate /high traffic volumes" so that "the road capacity is not an issue Given that AN Myer Secondary School, a commercial plaza and other commerical activities occupy a large protion of the eastern end of O'Neil Street, it is reasonable to assume that O'Neil Street already accomodates moderate to high traffic volumes. But, the issue is not a technical one (the designation of O'Neil Street as a "collector roadway but a qualitative and safty issue. The neighborhood is deeply concerned about the current high volume of traffic on O'Neil Street particularly in light of the fact that two persons have been killed in separate accidents at the corner of O'Neil Street and Dorchester Road despite their "collector roadway" designations and the presence of a traffic light on this corner. What measures will the City of Niagara Falls take to ensure that these neighbourhood concerns are addressed? 2.7.5 Does the current Single Family 1C Density R1 C zoning designation of this block in any way impede Mr Di Risio and Ms Braine (co- beneficiaries of Mr Michele Di Risio's estate) from either selling or revitalizing the properties at 6753 and 6755 O'Neil Street? 2.8 It is stated on page 5 of the Recommendation Report: PD- 2006 -42 that "staff recommend that the zoning by -law amendment application be deferred to allow a meeting with interested residents and the applicant to discuss potential improvements and design options". On pages 4 and 5 of the Recommendation Report: PD- 2006 -42 an alternative configuration of the development is suggested as well as the potential of single- detached dwellings being built in lieu of the townhouse condominiums. 2.8.1 Are the residents going to be presented with yet another proposed development plan at the neighbourhood meeting? 2.8.2 Will the residents be given any written notification concerning the new proposed an prior to the meeting Thank you for your consideration of my questions and your assisting me in my page 33 understanding of these issues. I would appreciate being notified —by email if possible —the time and date of the neighbourhood meeting concerning this proposed zoning by -law amendment, severance and townhouse condominium development. Yours truly, Patricia M Orr page 34 Appendix B June 11 Email to Mr. Wilson to clarify an error in June 7 letter stating that Mr. and Mrs. Gordon Orr did not purchase their lands from Mr. M. Di Risio but from Mr. Hale (through their contractor). Mr. and Mrs. Orr's tenure on their land predated that of Mr. Di Risio. June 14 Email from Mr. Wilson acknowledging receipt of the June 7 letter and June 11 email and stating that he was unable to address the questions put forward in the June 7 letter prior to the June 15 neighbourhood meeting "The City will follow -up with a letter in response to your questions. June 20 Email sent to Mr. Wilson requesting a timeline for receipt of answers to questions posed in the June 7 letter. June 26 Email to the Planning and Development Department with regard to the broken Zink to the Public Notice for Zoning By -law Amendment Application (AM- 10/2006). I had been attempting to access these materials from June 22 onward but received an error message and a notation that the web master would be informed of the situation. June 27 Telephone conversation with Mr. Wilson (after a follow -up email in which he assured me that I could make written presentation after the June 27 deadline stated in the Public Notice and after receiving the answers to the questions posed in the June 7 letter. June 27 Follow -up email from Mr. Wilson in response to June 20 email stating that answers to the questions posed in the June 7 letter would be forthcoming next week prior to the July 10 City Council meeting. page 35 Date: Sun, 11 Jun 2006 21:06:59 -0400 To: planning @niagarafalls.ca From: Patricia Orr <infofact @sympatico.ca> Subject: Attention: Mr Richard Wilson Cc: shirlo @sympatico.ca Bcc: X- Attachments: Re: PD- 2006 -42, Zoning By -Law Amendment Application AM- 10/2006 Dear Mr Wilson, I write here with regard to a letter that I sent to you last Thursday, June 8, 2006 concerning the above Zoning By -Law Amendment Application. The letter will no doubt arrive on your desk Monday, June 12, 2006 if it has not already done so. In this letter I made an error that I would like to correct here. On pages 6 -7 of my letter I state that, "My parents purchased their land from Mr Michele Di Risio over 50 years ago." This is not correct. My parents told me that they had negotiated to buy the land with the farmer who owned the property after looking at many different potential properties in the area —which at this time was largely undeveloped. I interpreted this to mean Mr Di Risio. It has since been brought to my attention by my parents that Mr Di Risio did not own the land at this time. The farmer at the time that my parents purchased the land was a Mr Hale. My parents negotiated with Mr Hale to have him sell the land to my parent's contractor who in turn sold the house and property to my parents. My parent's tenure on their property predates that of Mr Michele Di Risio. Also, I addressed my letter to you as the author of the Recommendation Report PD- 2006 -42. If I have not followed proper protocol here, I would appreciate it if you would redirect my questions to the proper recipient. Thank you for your time and consideration of this matter. Patricia Orr Patricia M Orr 142 Lee Avenue Bradford, ON, L3Z 1A9 page 36 Date: Wed, 14 Jun 2006 17:10:47 -0400 From: "Rick Wilson" <rwilson @niagarafalls.ca> To: <infofact @sympatico.ca> Subject: O'Neil Street Development Proposal (AM- 10/2006) Dear Ms. Orr: The City received your letter (dated June 7, 2006) regarding issues and questions related to the proposed townhouse and single- detached dwelling development on the site comprised of 6753 O'Neil Street and the rear portions of 6731, 6741, 6781 and 6791 O'Neil Street. I also received your e-mails clarifying the purchase of your parents property and that you were able to view the Neighbourhood Meeting notice on the City's website. You pose numerous questions in your letter covering Provincial planning policies, the City's Official Plan and Zoning By -law, the staff recommendation report, grading /drainage and traffic concerns. I have forwarded your letter to our Municipal Works Division to see if they have any further information in addition to the comments submitted during the initial application review. However, I will not be able to provide a written response to your letter as you requested prior to the Neighbourhood Meeting scheduled for this Thursday evening (June 15, 2006). Hopefully, you and your parents are able to attend this meeting and some of your questions can be answered in that forum. The City will follow -up with a letter in response to your questions. If you would like to speak with me prior to the meeting, please call me at 905 356 -7521 extension 4296. Rick Wilson page 37 Date: Tue, 20 Jun 2006 10:33:34 -0400 To: "Rick Wilson" <rwilson @niagarafalls.ca> From: Patricia Orr <porr @calumet.yorku.ca> Subject: Re: O'Neil Street Development Proposal (AM- 10/2006) Cc: Bcc: X- Attachments: Dear Mr. Wilson, First of all, I would like to thank you for convening the neighbourhood meeting last Thursday night. We appreciate your time and effort in providing a forum for everyone's views to be aired about the proposed development. I sincerely hope that Ms. loannoni, Mr. Pietrangelo, Mr Walters and yourself understand better the depth of the resident's concerns about the proposed project and their desire to maintain the neighbourhood as it current is. Time will tell if our case will receive a favourable response at the municipal or provincial level. Certainly there are a lot of different views here and, unfortunately at the end of the day, only one side of this issue will prevail. None the -less, your efforts to provide information and a forum for discussion are much appreciated. do have a couple of questions that I hope that you can assist me with. 1) When should I expect a response to my letter of June 7, 2006? I would appreciate it if an electronic copy (email attachment in MS Word or RTF format) could be sent to me as well as the hard copy. I am traveling all over Southern Ontario these days and would like to receive the responses to my questions as quickly as possible. 2) Could you tell me the name of the lawyer (and the firm that he works for) representing Wedgewood Builders at the Thursday night meeting? He stated his name but I missed it in my notes. Thank you once more for your time and consideration of my questions. Regards, Patricia Orr page 38 Date: Tue, 27 Jun 2006 11:48:33 -0400 From: "Rick Wilson" <rwilson @niagarafalls.ca> To: <infofact @sympatico.ca> Subject: Re: O'Neil Street Development Proposal (AM- 10/2006) Dear Ms. Orr: Thank you for attending the neighbourhood meeting on June 15, 2006. I hope that some of the questions raised in your June 7th letter were answered. I will be preparing a further report on the rezoning proposal this week and should be able to provide a written response to your letter next week (prior to the Council meeting). The applicant's lawyer that spoke at the neighbourhood meeting is Rocco Vacca (Sullivan Mahoney LLP, 4781 Portage Road, Niagara Falls, ON L2E 6B1 telephone 905 357 -0500 fax 905 357 0501). Rick Wilson page 40 Planning Developing 4310 Queen Street P.O. Box 1023 Niagara Falls,ON ATT; Doug Darbyson Re: PD- 2006 -42, Zoning By -Law Amendment Application AM- 10/2006 6753 O'Neil Street Rear Portions of 6731, 6741, 6781, 6791 O'Neil Street As a homeowner at 6762 Russell St. for some fifty years I have seen much spring flooding on our land and adjacent lands. It is my personal opinion and others who are involved with `swales' that they will not address our water problem. With the lay of the land our property will suffer additional flooding. Prior to 1956 there was a bulldozer width drainage ditch running from Mr. Hale's (De Rizio) property between 6762 and 6776 Russell St. properties. I, along with several of my neighbors installed a make shift tile system for the whole immediate area. Even so flooding occurred. See enclosed photos. 1 suggest that our water problem might be a continuation of the Dorchester road `aquifer' as addressed by the city sewer department fifteen or so years ago at a cost of many thousands of dollars to correct. Please don't add to our present water problem. Thank you for considering this request. Gordon G. Orr 6762 Russell St. Niagara Falls, ON. June 22, 2006 Sincerely yours, RECEIVED JUN 2 6 2006 PLANNING DEVELOPMENT Director of Planning and Deveolpment City Hall, 4310 Queen Street Niagara Falls, On.., L2E 6 )(5 Re: File AM- 10/2006 Dear Sir: I have resided at 3524 Windermere Rd. for the last 50 years. During this time we have had to cope with ever increasing traffic to the extent that at certain times of the day it is impossible to exit from our driveway due to the back -up of traffic from Dorchester Rd. to Huggins St. Therefore I feel that adding another ten Grouped Multiple Dwellings on O'Neil St. will add to the traffic problems in this area of the City. This area of Niagara Falls was developed as single family residences and should t'aain as originally zoned. Yours truly Owner JUN 2 3 2006 PLANNING DEVELOPMENT S. Scerbo, Secretary Treasurer Committee of Adjustments, Planning and Development. Niagara Falls City Hall, 4310 Queen St., Niagara Falls, ON, L2E 6X5 June 12, 2006 Re: Zoning By Law Amendment Application AM 10/2006 and City files B18/2006/ NF to B21/2006/NF This letter is to advise of my and my wife's interest in this matter. We reside on 6791 O'Neil St. We concur with the opinion that D. Gienow has expressed in his letter May26 /06 and addressed to the Secretary Treasure of the Committee of Adjustments and would like to make known our following additional views and opinions. I. Regarding the concern of invasive lighting: My wife and I have serious concerns on the issue of security on the property due to the fact that the rear of the lot is very dark and that we are not able to see anyone lurking about on the rear of the property. Proceeding with this project would provide added security to us and I imagine all residents directly around this dark area by providing the required lighting. II. Regarding the wildlife setting: Confirming D. Gienow's comment we have also seen skunks and also opossums. They get into your garbage bags and pails and make a mess. III. Regarding traffic concerns: Considering that this street is a major artery and with the present high volume of traffic on this street it is our opinion that proceeding with this development of only 10 living units would not significantly increase noise, fuel emissions or traffic congestion. IV. My wife and I cannot maintain this rear section of this property and would have to pay someone to do so. The land is undesirable to us since it is low land and often wetland. Rainwater from adjoining properties drain onto our property. We have a huge concem with mosquitoes breeding in this wet stagnant ponded area. V. The proposed project is for the building of high -scale condominium town houses. We feel that proceeding with the development could not decrease present property values and it would provide an opportunity for some of our more senior citizens (retired and semi- retired) and also for those that do not have the capability to maintain a property to enjoy living in a house. We hope that those that are opposed to this application can appreciate and understand our point of view. We would appreciate the considerations of the Committee of Adjustment's in this matter and respectfully request that the application be approved. Planing niter] Sincerely, Pat and Rick Rathfelder RECEIVED JUN '14 2006 PLANNING DEVELOPMENT Ms. Susan Scerbo Secretary- Treasurer Committee of Adjustment Planning and Development Niagara Falls City Hall 4310 Queen St. Niagara FalIs,ON, L2E -6X5 May 26, 2006 Re: City files B18 /2006/NF to B21 /2006/NF (inclusive). I am writing this letter to state my views on the proposed Townhouse and Single Detached dwelling development on O'Neil Street. I live at 6741 O'Neil St. adjacent to the proposed development and am in favour of this development for the following reasons. (1) The north end of my lot and my neighbors lots which will become part .of.this development are subject to flooding by `run -off from adjoining properties on Marion St.,Russell St. and Sheppard Cres. Development of this property which will include drainage to storm sewers will alleviate this problem. (2) Two very old and run down residential buildings located next door to me (6753 and 6755 O'Neil St.) will be torn down and replaced with new homes which will greatly improve the appearance of the neighborhood. At the present time there is a great deal of brush and refuse piled up at the rear of these two properties and skunks and rats have made their homes here. It will be a welcome relief to be rid of this type of wildlife. (3) Myself and my neighbors who have also agreed to sever the back portions of their properties will no longer have to maintain this unused part of our properties (some of us are quite elderly or physically unable.) We all feel that this development, besides being attractive and making good use of this land, will give some lucky people a very nice neighborhood in which to live. We, the owners of the properties to be severed all agreed to ask Bill Walters of Wedgewood Homes if he would be interested in developing this property. His company was chosen because of reputation as builders of quality homes. We wanted a builder who would agree to not construct more than ten high quality townhouses and that the majority of the mature trees on the property would be preserved. In regards to a petition that was taken to stop the development project, it must be noted that many of the people who signed the petition do not live anywhere near the proposed development,(some as far away as Fonthill, St. Catharines and Toronto area). The majority of people who live within 200 feet of the proposed development did not sign the petition and an overwhelming majority of those Jiving within 400 feet of the development did not sign the petition. RECEIVED MAY 2 9 2006 PLANNING DEVELOPMENT :?n behalf of all the residents who want this project to go forward, I respectfully ask for your approval. Dennis Gienow :741. O'Neil St. Niagara Falls, ON ,23 -1N3 Subject Land SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Location: 6753 O 'Neil Street and Rear Portions of 6731, 6741, 6781 6791 O 'Neil Street N `Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) Note: Property owners who have signed a petition to stop the O'Neil St. development are shown in white. Property owners who have not signed the petition are shown in green. The large red square marks 400 feet from the outer edge of the proposed development. The small red square marks 200 feet from the outer edge of the proposed development. 1:NTS May. 25. 2006 9:OOAM REGIONAL PLANNING DATE: TO: FROM: SUBJECT: May 16, 2006 NiagaraiNg Region MEMORANDUM Tom Whitelaw Planner Planning and Development Department William J. Stevens, C.E.T. Development Approvals Manager Zoning By-law Amendment Application Owner/Applicant Wedgewood Builders of Niagara Limited Proposal: To Construct Fight (8) Townhouses and Two (2) Single Detached Dwellings Location: 6753 O'Neil Street and Rear Portions of 6731, 6741, 6781 6791 O'Neil Street In the City of Niagara Falls City File: AM•1012006 Our File D.18.04.66.642810217 (IDD5045) No. 6117 P. 2 RFITIvr-n MAY 182006 Rogionat Municipality aAt PLANNING e Z Regional Niagara Public Works Department has reviewed the above- referenced Zoning By -law Amendment and provide the following comments to assist you in the preparation of your Regional response to this application. Waste Collection on Private Property We cannot support this site layout, as submitted. Since June 1, 2000 the Region has provided on -site household waste collection to private sites that provide a drive- through road system to avoid waste 'collection vehicles from having to back-up in order to exit the area. New developments that are not large enough to provide a drive through street type collection may provide a cul-de -sac at the end of the roadway; again to avoid a backing-up manoeuvre of waste collection vehicles. In April of 2002, the Region,also agreed to consider a dedicated 'T' turnaround area for restricted infili properties, where a through roadway or cul- de-sac could not be provided. I n our opinion, ,the subject site layout does not comply with any of the options allowed: It has been our experience that purchasers of homes in these site pvpArt RECEIVED MAY 252000 PLANNING DEVELOPMENT May. 25. 2006 9:00AM REGIONAL PLANNING No. 6117 P. 3 that their waste will be collected by the Region and quickly request that the Region does so, even though the developer has indicated that private collection will be the method of collection. This leaves the Region with the unfavourable situation of having to deal with the affected residents after the fact and the potential to subsequently compromise the Region's policy. The 'T' interior road is longer than our specifications and would not permit waste collection for Units 3 to 10 Inclusive. Therefore, we would encourage the municipality to discuss this matter with the developer in hopes that an alternate layout can be achieved that would permit municipal waste collection. We trust that the foregoing Regional comments will be appropriately incorporated into any agreement entered into by the City with this applicant. William J. $fevers, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division Tom Whitelaw Planner Planning and Development Department May 16, 2006 Page 2 of 2 WJS/cm tArninearinplanningrind-Dwrolopma ahot oneCaenen1Nissara FaIb\cORRESPONDENCE 2006\11143.T.Whitelaw.doc c: Catherine Habermebl, Manager Waste Collection Diversion Operations WE, THE UNDERSIGNED, ARE RESIDENTS WHO LIVE IN CLOSE PROXIMITY TO A PROPOSED TOWNHOUSE DEVELOPMENT ON O'NEIL STREET. WE HAVE NO OBJECTION TO THIS PROPOSAL PROVIDING ALL ZONING, SEVERANCE APPLICATIONS ETC. ARE APPROVED AND MEET ALL CITY, REGIONAL AND PROVINCIAL PLANNING POLICIES REGARDING BUILDING AND BY -LAW SERVICES, FIRE SERVICES AND MUNICIPAL WORKS. r L 1,,.PAv fly,. L 7 a 0 /GA1 2 W /L 6IEaci 0'1 nJet)- Z7 '9I &'/V471-- -5 9Q 1/1 .c W I S II/el-Fie adLe. tie NAME (print) ADDRESS SIGNATURE 2711 O ilt 57 r� 6'7 e', /Z Tv G RECEIVED- JUN .13 2006 PLANNING DEVELOPMENT Planning Scannef! I fife: e ly A WE, THE UNDERSIGNED, ARE RESIDENTS WHO LIVE IN CLOSE PROXIMITY TO A PROPOSED TOWNHOUSE DEVELOPMENT ON O'NEIL STREET. WE HAVE NO OBJECTION TO THIS PROPOSAL PROVIDING ALL ZONING, SEVERANCE APPLICATIONS ETC. ARE APPROVED AND MEET ALL CITY, REGIONAL AND PROVINCIAL PLANNING POLICIES REGARDING BUILDING AND BY-LAW SERVICES, FIRE SERVICES AND MUNICIPAL WORKS. RECEIVED JUN :13 "O PLANNING DEVELOPMENT WE, THE UNDERSIGNED, ARE RESIDENTS WHO LIVE IN CLOSE PROXIMITY TO A PROPOSED TOWNHOUSE DEVELOPMENT ON O'NEIL STREET. WE HAVE NO OBJECTION TO THIS PROPOSAL PROVIDING ALL ZONING, SEVERANCE APPLICATIONS ETC. ARE APPROVED AND MEET ALL CITY, REGIONAL AND PROVINCIAL PLANNING POLICIES REGARDING BUILDING AND BY -LAW SERVICES, FIRE SERVICES AND MUNICIPAL WORKS. NAME (print) X /1412 1 45,2 ST (kf /W 66€ ;„,11ZS 6 -c6-1 1k h79/ IL o 2 352c ADDRESS SIGNATURE uSf( 6 6 8o se-L ST. JUN :1 3 2006 PLANNING DEVELOPMENT I p4.1 C/O 3 7q oreiwketwg 1 duty S O /C/1" /'55 6c3q' /eG, C;Gc J EN) N.1 Pr GS I O'�- L s A /4 ci-////Y-c`Ko /7 ,i/ WE, THE UNDERSIGNED, ARE RESIDENTS WHO LIVE IN CLOSE PROXIMITY TO A PROPOSED TOWNHOUSE DEVELOPMENT ON O'NEIL STREET. WE HAVE NO OBJECTION TO THIS PROPOSAL PROVIDING ALL ZONING, SEVERANCE APPLICATIONS ETC. ARE APPROVED AND MEET ALL CITY, REGIONAL AND PROVINCIAL PLANNING POLICIES REGARDING BUILDING AND BY -LAW SERVICES, FIRE SERVICES AND MUNICIPAL WORKS. NAME (print) earl :Pi' ks 0 5 1 (\)o ADDRESS SIGNATURE 75'3 070e r S7 777G-eti 9a,vy R,Q E Ste t� 7 Lt l e J E4.7/ RECEIVE JUN ,13 2CC3 PLANNINL, DEVELOPS %P-R.C?-0 The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Background of the Amendment Corporate Services Department PD- 2006 -54 Planning Development Doug Darbyson 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: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario July 10, 2006 Re: PD- 2006 -54, Proposed Good General Agriculture Policies Official Plan Amendment No. 67 It is recommended that Council adopt the Good General Agriculture policies, attached as Official Plan Amendment No. 67, subject to comments that maybe received at this public meeting and that they be forwarded to the Region for approval. The review and creation of updated agricultural policies are part of Council's 2006 work program and represent a major amendment to the City's Official Plan. There are currently two agricultural designations in Niagara Falls: Good General Agriculture (in the north) and Rural/Agricultural Deferred (in the south). The Rural/Agricultural policies were not approved by the Province in 1993 when the remainder of the Official Plan came into effect because they did not satisfy provincial policies. Consequently, there are no contemporary policies to direct land use in these areas and reference must be made to prior City official plans and the Regional Policy Plan when preparing comments on planning applications. Recent changes to Ontario's Planning Act require that Regional and Local policies and decisions be consistent with the Provincial Policy Statement which contains policies to protect prime agricultural lands from non agricultural development. Based on the above, the policies affecting the City's agricultural lands are in need of updating to ensure compliance with upper level documents and to provide the City with current, applicable and enforceable policies on which to base planning decisions. The report outlines revisions to the City's Good General Agriculture land use designation and consent policies along with the redesignation of lands south of the Urban Area Boundary and west of the QEW. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 10, 2006 2 PD- 2006 -54 Background of the Process The following is a brief synopsis of the process undertaken by Staff in the preparation of revised agricultural policies: Staff review of the City's agricultural area included a review of recent changes to the Planning Act and Provincial Policy Statements, the Region's Southeast Niagara Agricultural Study, the Regional Niagara Agricultural Economic Impact Study, Regional Policy Plan, a staff initiated land use survey, soil capability review, and lot creation review. Meetings were held with Regional and Provincial staff regarding the land use and consent provisions for the City's Agricultural lands. These meetings provided direction for the redesignation of those lands currently designated Deferred Rural /Agriculture. Planning Report PD- 2006 -32 (attached as Appendix 2) was forwarded to City Council on April 3, 2006. The report provided a detailed review of staff's study and conclusions regarding agricultural lands. A draft amendment was introduced which contained text revisions to the Good General Agriculture Land Use Designation and the proposed redesignation of lands south of the Urban Area Boundary, west of the QEW from Deferred Rural/Agriculture to Good General Agriculture. Council adopted the recommendation of Planning Report PD- 2006 -32 to schedule a Public Open House to gain public comments on the draft Good General Agriculture Policies and to circulate the report to agencies and groups in Niagara Falls with an interest in agriculture. A joint Open House was held on May 9, 2006 at the Willoughby Township Hall. The meeting was held in conjunction with Niagara Regional staff in consideration of their Policy Plan Amendment No. 170 (lands ofthe Willoughby Land Use Study) and the City's proposed policies on agricultural lands east of the QEW and south of the Urban Area Boundary (PD- 2006 -33), which were the subject of the Willoughby Land Use Study. The Open House provided an opportunity to the public to review and speak directly to staff about the draft policies prepared for the Good General Agriculture section of the Official Plan as well as the background data used to support the proposed changes. The joint Open House format provided the public with a comprehensive display of how the Region and City's proposed amendments work together. Planning Analysis The draft Good General Agriculture policies attached to PD- 2006 -32 were written in consultation with Regional Planning staff in conformity with the Regional Policy Plan and the Provincial Policy Statements. These policies have been available to the public for review since notification of the Public Open House and their availability was noted again` through the notice for tonight's Public Meeting. The Planning Division has received no adverse comments, objections or suggested changes to the draft Good General Policies through the consultation or open house processes. Text changes to the City's Good General Agriculture policies and their corresponding consent policies were required to bring them into compliance with Regional and Provincial policies. Some of these changes have been previously reviewed by Council through the adoption of Official Plan July 10, 2006 3 PD- 2006 -54 Amendment #64 including the deletion of farm retirement lot and infill lot severance policies. Further refinements to the Good General Agriculture land use designation and consent policies include: The addition of bed breakfast operations as permitted uses in the Good General Agriculture designation. Bed Breakfast operations ancillary to an agricultural use in non- urban areas are currently permitted in the Regional Niagara Policy Plan. Bed Breakfast operations will be limited to a maximum of 6 guest rooms and will require a zoning by -law amendment. The addition of Home Occupations as an ancillary use to a residence. The operation of a home -based business such as a home office or internet business within a residence would be restricted to an area within a dwelling and shall remain secondary to the residential use. The recognition of wooded, wetland and natural areas that serve an important ecological function in the creation of new lots (such as surplus farm dwellings). The addition of consent policies that allow for the conveyance of a farm parcel (currently permitted under the Regional Policy Plan) and for facilities /corridors that cannot be accommodated through the use of easements or right of ways such as a power transmission line (as permitted under the Provincial Policy Statements). A refinement to the consent policies for surplus farm dwellings to bring them into compliance with Regional and Provincial policies. The requirement for a site specific official plan amendment for any non agricultural related land uses. The amendment is subject to specific provisions as outlined by the Provincial Policy Statements. Planning staff review of the City's agricultural land use survey, soil capability, lot creation data as well as the Region's Southeast Niagara Agricultural Study and Agricultural Economic Impact Study (detailed in PD- 2006 -32), resulted in the following observations: All of the City's agricultural lands meet the definition of `prime agricultural area' in the Provincial Policy Statement which include Class 1, 2 and 3 soils. Soil capability of the City's agricultural lands south of the Urban Area Boundary most closely resembles the surrounding lands in Fort Erie, Port Colborne and Welland (i.e., lands considered in the Southeast Niagara Agricultural Study), all of which are designated "Good General Agricultural" in the Regional Niagara Policy Plan. The top moneymaking farming sectors in the Niagara Region are greenhouses, fruit, and poultry and egg (in that order) according to the Regional Niagara Agricultural Economic Impact Study. The highest grossing sectors in Niagara Falls include two of the above: poultry and egg and greenhouse products. Both of these sectors can locate within the City's agricultural areas as they do not require Class 1 soils to operate. Based on a review of the soils, climate, land use, agricultural potential, market location and the applicable Provincial and Regional policies, it is the opinion of Planning staff that the Good General Agriculture policies of the Official Plan continue to be applicable to the City's northern agricultural July 10, 2006 4 PD- 2006 -54 area (i.e., north of McLeod Road) and that the Good General Agriculture policies should replace the current Deferred Rural/Agriculture designation on the remainder of the City's agricultural lands west of the Q.E.W. The City's agricultural lands located east of the Q.E.W. are discussed in report PD- 2006-55 which is also on tonight's agenda. CONCLUSION: The unique soils, climate and location of Niagara make it an important agricultural area in the Province. These lands and the future use of these lands should be protected through the City's Official Plan policies as they are in the Regional Policy Plan and the Provincial Policy Statement. Together with proposed Amendment No. 66, the proposed Good General Agriculture policies will provide a needed update to the City's outdated agricultural policies and will replace the deferred Rural/Agricultural designation which had been applied to most of the agricultural lands south of the Urban Area Boundary. These updates and changes constitute a major amendment to the City's Official Plan and complete part of the City's Work Program. It is recommended that Council adopt the attached Amendment No. 67 (Appendix 1) and that the policies be forwarded to the Niagara Region for approval. Prepared by: Francesca Berardi Planner 2 Recommended by: kJ, u,,uki, b c) Doug Darbyson Director of Planning Development Approved by: Ravenda xecutive Director of Corporate Services FB:gd Attach. S:\PDR\2006\PD2006 -54, OPA 67, Proposed Good General Agr Policies.wpd Respectfully submitted: c O hhn MacDonald hief Administrative Officer July 10, 2006 5 APPENDIX 1 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 map, constitute Amendment No. 67 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. MAP CHANGE The "Subject land shown on the map attached hereto, entitled "Map 1 to Amendment No. 67, shall be redesignated from RuraUAgricultural to Good General Agriculture. 2. TEXT CHANGE PART 2, SECTION 7 GOOD GENERAL AGRICULTURE, is hereby amended by deleting section 7 in its entirety and replacing it with the following: SECTION 7 GOOD GENERAL AGRICULTURE PREAMBLE PD 2006 54 The lands within the Good General Agriculture area of the Municipality represent a blend of agricultural uses and natural areas. The area boasts a wide range of active agricultural uses including tender fruit and vineyards, vegetable and field crops, hay and pasture and livestock operations. This area is also characterized by some limited non agricultural, recreational and agriculturally related uses. Interspersed with the agricultural uses are natural areas including creeks, wetlands and woodlots. It is the intent of this Plan to protect the continuation of farming operations, restrict the establishment of non -farm uses and minimize land use conflicts in favour of agriculture wherever possible while protecting the natural environment. POLICIES 7.1 The predominant use of land in the Good General Agriculture Area will be for agriculture of all types including crop farming, tender fruit and vineyards, dairy farming, livestock operations, nurseries, and intensive greenhouse as well as forestry, conservation uses and farm related residential dwellings. Uses of land not related to agricultural uses will not be permitted in the Good General Agriculture Area except as provided for in this Plan. 7.2 Small -scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the agricultural area which they serve if it is not possible to locate these uses in designated Rural July 10, 2006 6 PD- 2006 -54 or Urban Areas. Such uses will be encouraged to locate where the impact on adjacent uses is minimal and shall be implemented through a site specific zoning amendment within which site design details and limits on the floor space area provisions can be established. 7.3 Uses of land not related to agricultural uses are not permitted in the Good General Agriculture Area. However, Council may consider a site specific amendment to this Plan for a non agricultural use where it has been demonstrated that the use cannot be accommodated in a non agricultural designation. In addition, the siting of a non agricultural use shall be supported by qualified evidence demonstrating matters ofpoor soil capability, suitability of the site for the proposed development, no disruption of natural areas, effects on adjacent properties and financial impact on the City. All non agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the extent of the use and mitigate any impact the use may have on adjacent lands. 7.4 Ancillary uses to the agricultural or residential use of lands within the Good General Agriculture Designation such as a home industry or uses ancillary to a residential dwelling such as a home occupation or a bed and breakfast facility can offer financial assistance to land owners in the agricultural area and, in the case of bed and breakfast facilities, provide an alternative form of accommodation for the City's tourism industry. These uses may be permitted where it can be demonstrated that they are compatible with and retain the agricultural, rural or rural residential character of the Good General Agriculture Area. To ensure compatibility, the ancillary uses shall remain designated and zoned for agricultural or rural purposes and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding agricultural uses in terms of noxious odours, noise or traffic and shall provide adequate on -site parking as outlined in the City's Zoning By- law. The severance of an ancillary use is not permitted. In addition to the above: (i) A home industry shall be small in scale and remain secondary to the agricultural or residential use of the property and shall be subject to a site specific zoning by -law amendment. (ii) A home occupation or a bed and breakfast facility shall be carried on entirely within the residence and remain ancillary to the residential use of the property. (iii) Bed and breakfast facilities shall be operated by a permanent resident of the dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by -law amendment as to their location, size and traffic generation in order to July 10, 2006 7 PD- 2006 -54 minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. 7.5 Nothing in this Plan will prohibit the continued operation of legal non conforming uses in the Good General Agriculture Area. The expansion or enlargement of such uses may also be permitted subject to compliance with the following criteria and Part 4, Section 6 of this Plan. 7.5.1 The expansion/enlargement is considered to be minor in nature having minimum detrimental impact to surrounding uses. 7.5.2 The expansion/enlargement complies with the Minimum Distance Separation Formula or 305 metres, whichever is the greater, in order to ensure such development is suitably separated from any surrounding livestock operations. 7.5.3 The suitability of the expansion/enlargement is reviewed by the Regional Public Health Department and/or the Ministry of the Environment with respect to the provision of water and private waste disposal systems. 7.5.4 The expansion/enlargement will not interfere with wetlands, designated woodlots, watercourses and farm drainage systems. 7.5.5 The expansion/enlargement is desirable for the appropriate development or use of the land, building or structure and also maintains the general purpose and intent of the Official Plan and Zoning By -law. 7.6 All development will be expected to depend on private waste disposal systems and private water supply in accordance with the requirements of the Regional Public Health Department and/or the Ministry of the Environment. Municipal sewers or water supply will not be provided within the Good General Agriculture Area except where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. 7.7 The municipality recognizes its role in preserving the agricultural resource base. To every extent possible, the municipality will participate in the policy initiatives and programs of other levels of government aimed at supporting farmers by encouraging new and maintaining existing viable farm operations. T i this regard, Council shall promote good farming practices by encouraging vegetative strips along stream banks on plowed fields, crop rotation and topsoil preservation. 7.8 Notwithstanding the Good General Agriculture designation of this Plan, two existing golf courses located in the northwest portion of the City area hereby July 10, 2006 8 PD- 2006 -54 recognized as permitted uses. These golf courses are located on Garner Road through to Beechwood Road and south to Lundy's Lane and on Beaverdams Road from Beechwood through to Townline Road. 7.9 In order to maintain and improve agricultural operations, every attempt will be made to encourage the retention and creation of farm units of an appropriate size for the proposed farm use through the following: 7.9.1 The consolidation of small farm parcels into larger units will be promoted. 7.9.2 The establishment of additional permanent or portable farm- related residential dwellings will be permitted without severance for family members or farm help working full time on the farm, subject to a zoning by -law amendment. These dwellings may only be permitted on farms which are of a nature that additional help is required and that this assistance needs to be located close by the farm. 7.9.3 Severances will be restricted to avoid the fragmentation of farmland and creation of non viable farm parcels. Severances will be in accordance with Part 4, Section 8 of this Plan. PART 4, SECTION 8 LAND DIVISION COMMITTEE, is hereby amended by deleting subsection 8.2 and replacing it with the following: 8.2 CONSENT POLICIES FOR GOOD GENERAL AGRICULTURE AREAS 8.2.1 A consent may be permitted for a minor boundary adjustment, easement or right -of -way provided it conforms with other policies of the Plan and does not create a separate lot for a residential dwelling. 8.2.2 Consent maybe permitted for a parcel to be conveyed to and merged on title with adjoining lands on which there is an existing farm operation and the remnant parcel is large enough to support a viable farm operation that is of a size that is appropriate and common in the area. 8.2.3 Consent to sever a lot with an existing house considered surplus to the needs of a farm operation may be considered where more than one permanent farm dwelling built before 1990 exists on one lot or where two or more farms have been amalgamated under one ownership provided that: the remnant parcel of farmland remains an appropriate size to function as part of the overall farm operation; a farm dwelling for the farm operation remain on a parcel that is owned by the farm operation; and that July 10, 2006 9 PD- 2006 -54 a vacant farm parcel created by the consent is rezoned to preclude new residential development. In addition, the surplus dwelling must be capable of human habitation and meet the standards of the City's Maintenance and Occupancy Standards By -law. 8.2.4 Residential severances permitted under Policy 8.2.3 will be carefully sited so as to reduce their effect on existing farm operations, minimize the amount of agricultural land taken out of production, ensure no disruption to natural features, and allow the lots as well as existing neighbouring lots to properly function on private services. The maximum size of a lot shall be 0.4 hectares except to the extent of any additional area deemed necessary to support a well and private sewage disposal system as determined by the Regional Public Health Department and/or the Ministry of the Environment. Such development must also satisfy the following criteria. 8.2.4.1 In order to minimize land use conflicts in the Good General Agriculture Area, new or expanding livestock operations and non -farm uses on either existing lots of record or proposed new lots will be appropriately separated from each other in accordance with the Minimum Distance Separation Formula or 304.8 metres, whichever is the greater. New dwellings on existing lots of record must only comply with the Minimum Distance Separation Formula. 8.2.4.2 Severances shall be located at the corners of existing farm holdings or between established residences, wherever possible. 8.2.4.3 Any new lot created will be required to have sufficient frontage on an improved public road in accordance with the implementing zoning by -law. 8.2.4.4 The size of any lot created shall be sufficient to achieve the long -term functioning of a private waste disposal system and avoid any future negative effects on the ground water system. A minimum of 0.4 hectares of land should be outside the flood risk area for any new lot. Adequate provisions shall be made for private water supply and waste disposal systems in accordance with the Regional. Public Health Department and/or the Ministry of the Environment. 8.2.4.5 The severance of land will not interfere with wetlands, woodlots, watercourse or farm drainage systems and any new lot created shall have sufficient area to July 10, 2006 -10 PD- 2006 -54 construct a dwelling, accessory structures and an associated private waste disposal system without a negative impact on such natural features. Where such features exist, the creation of the lot shall be subject to an Environmental Impact Study to address the extent of impact and possible mitigation tools. 8.2.4.6 Where an application for consent results in the creation of a new single residential lot within an existing development cluster of 5 or more lots, a hydrogeological report that evaluates on -site and off site impacts, water quality and water quantity may be required to confirm the suitability of the site for private servicing and to evaluate the impact of the proposed new lot on the servicing of the adjacent existing lots. The report shall be prepared and signed by a qualified professional and submitted with the development application. 8.2.5 Consent to convey a farm parcel may be permitted provided that the resulting parcels are both for agricultural use and the size of the resulting farm parcels: a) are appropriate for the farming activities proposed; b) are suited to the particular location and common in the area; and c) provide some flexibility for changes in the agricultural operation. The foregoing includes small lot severances for greenhouses and other intensive forms of agriculture subject to the condition that any new dwellings on the property are allowed only after the greenhouse and other farm buildings have been constructed or substantially completed. It is important that small lot severances for intensive agricultural uses such as greenhouse operations be of a sufficient size so that these uses have ample room for future expansion. 8.2.6 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 but shall not include waste disposal sites, waste transfer stations or recycling facilities. MAP 1 TO AMENDMENT NO. 67 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment The proposed designations replace the "Rural /Agricultural" designation of the current Official Plan only and do not af any other designations such as "Environmental Protection Area or "Open Space" or Special Policy Areas. Proposed Change: Rural /Agricultural to Good General Agriculture KAGIS_ Requests\ 2006\ Schedules \OP_Amendments \66_and_67.map CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN Official Plan ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL M GOOD GENERAL AGRICULTURE X A INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL A NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 67 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. 1:NTS AM- 08/2006 June 2006 Niagara Falls I The City of Canac 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 APPENDIX 2 PD- 2006 -32 Planning Development Doug Darbyson 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: planning @niagarafalls.ca April 3, 2006 Re: PD- 2006 -32, Official Plan Amendment AM- 08/2006, Draft Good General Agricultural Policies 1) a public open house be advertised to obtain public input on the City's draft Good General Agricultural policies; and 2) agencies and groups with an interest in the agricultural area be circulated a copy of the draft Good General Agricultural policies for their review and comments. BACKGROUND: The purpose of this report is to consider revisions to the City's Agricultural Policies in order to remove the deferral that has been in place since 1993 and to outline the process for public input and review of draft agricultural policies. This work is part of the 5 -Year Official Plan Review Work Program outlined to Council last fall. Currently, there are two agricultural designations in Niagara Falls: Good General Agricultural (in the north) and Rural/Agricultural Deferred (in the south). The Rural /Agricultural policies were not approved by the Province in 1993. Therefore, there are no contemporary policies to direct land use in these areas. In updating the City's agricultural policies, it is necessary to be aware of the context in which new olives must be considered. Planning Analysis A comparative analysis of the agricultural lands in Niagara Falls within the Regional context, looked at the current policy regime, soil classification, economics and physiography. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 Current Policy Regime Soil Conditions Economics Physiography and Related Conditions 2 PD- 2006 -32 Over the past two (2) years, the Provincial government has been introducing a number of changes to Ontario's planning framework with the aim of controlling urban growth and protecting our natural areas and agricultural lands. This includes an amendment to the Planning Act (and further amendments are pending), new Provincial Policy Statements, the Greenbelt Plan, the proposed Growth Plan and proposed Clean Water Act. All municipal policies and decisions are now required to be consistent with the Provincial Policy Statements issued under the Planning Act. The Provincial Policy Statement contains objectives to protect prime agricultural lands from non agricultural development. These objectives are implemented through the established Regional Niagara Policy Plan. The majority of the lands in the City's agricultural area are designated Good General Agricultural Area in the Regional Niagara Policy Plan. The uses permitted within this designation are agriculture, agriculturally related uses and some restricted non agricultural uses on a site specific basis. New lot creation is limited to surplus farm dwellings and farm parcels. The City must comply with these documents which provide a hierarchical framework. The City's agricultural lands are identified as a `prime agricultural area' in the PPS. Prime agricultural areas are where Class 1, 2 or 3 soils predominate and includes associated Class 4 -7 soils. Farm retirement and infill lots are no longer permitted in agricultural areas throughout the Province. The Regional Niagara Agricultural Economic Impact Study released in 2003 examined the economics of agriculture. It demonstrated that not all preconceptions about agriculture in the Region are accurate. For example, the top moneymaking farming sectors in the Niagara Region are greenhouses, fruit, and poultry and egg (in that order). The highest grossing sectors in Niagara Falls include two of the above: poultry and egg and greenhouse products. Both of these sectors do not require Class 1 soils to operate. A trend noted in the Economic Impact Study was an increase in farming associated with the horse industry due to the recent increase in racing at the Fort Erie Race Track. In 2001, 30% of the Census farms in Niagara Falls were specialty farms (i.e., horses, emu/ostrich). The majority of horse operations observed are located toward the southern extent of the Crowland agricultural area along the municipal boundaries with Port Colborne and Fort Erie. The Region prepared a Southeast Niagara Agricultural Study (SNAS) which considered the agricultural area in the City's south end and the adjacent municipalities in terms of soils, land use, type of farming and lot creation/size. The Study concluded that the former Crowland and Willoughby areas west of the QEW (herein referenced as Crowland) are quite similar in terms of soil, land use and farm type to the abutting agricultural lands in Fort Erie, Port Colborne and Welland and thus, the Region's Good General Agricultural designation was deemed to be appropriate on this region -wide area. April 3, 2006 3 PD- 2006 -32 In response to the Southeast Niagara Agricultural Study, Council expressed an interest in comparing the breakdown of data specific to the Crowland area with the balance of the study area. Data compiled from a land use survey and other sources specific to Niagara Falls have been included in this report not only in response to Council's request for additional information but also to provide a base from which revised agricultural policies may be created. The compiled data and accompanying analysis on soils, land use, type of farming, lot size and lot creation are attached in Appendix 1. The data observed in the local overview can be summarized as follows: a) Soils: Soil capability in the Crowland area most closely resembles the surrounding lands considered in the Southeast Niagara Agricultural Study; b) Land Use: The highest level of agricultural activity is in the northwestern agricultural (former Stamford Twp) area. Land use in the Crowland area is most consistent with the lands considered in the SNAS. c) Farm Type: The types of farming activities differ between the north and south portions of the Municipality. The livestock operations and types of crops in the Crowland agricultural area again closely resemble the adjacent uses in the neighbouring municipalities and are more intense than the Willoughby area. d) Lot Sizes: the Willoughby area has more non -farm lots under 3 acres in size than the other two agricultural areas. General Synopsis of Niagara Falls Agricultural Conditions The northwestern agricultural area of Niagara Falls is characterized by fields of grain/soy crops,. some tender fruit or grapes, and limited livestock operations. Much of the area has been retained in active agricultural production over the years. The Crowland area exhibits some of the characteristics of both the northwestern agricultural area and the area east of the QEW, herein called Willoughby. Like Willoughby, there are a number of woodlots and some areas that have been left as scrub. Wetlands occupy a significant portion of the area. Like the northwest area, a good portion of land with agricultural potential is being fanned in some capacity in a variety of uses such as field crops, vegetable crops, and livestock. This is especially true in the extreme southwest portion of Crowland which contains Class 1 and 2 soils. Other uses such as golf courses, and non -farm residential properties (some of which were created by testamentary devise and have not yet been developed) are located in this area. Based on need for contemporary policies, the requirement to be consistent with the Provincial Policy Statements, the need to comply with the Region's Policy Plan and the data collected by staff, the Good General Agricultural Area designation contained in the City's Official Plan is relevant and appropriate for the City's agricultural land south of the Welland Riper. A draft of the Good General Agricultural policies has been prepared and is attached as Appendix 2. The policies in Appendix 2 incorporate the recent amendments contained in Official Plan Amendment 64 which proposed general modifications to the City's Official Plan and updated the April 3, 2006 Good General Agricultural designation in compliance with the Provincial Policy Statement and Regional Policy Plan. Amendment #64 is currently awaiting Regional approval. Further refinements are included in the attached draft to deal with the matters outlined below. Testamentary Devise The policies of Amendment No. 42 will continue to apply regardless of any new agricultural designation of the Crowland agricultural area. Sodom Road/Queen Elizabeth Way Interchange Specific policies concerning the Sodom Road /Queen Elizabeth Way interchange node will be developed through the Region's Growth Management Study as discussed in report PD- 2006 -30. Bed Breakfast Uses Bed Breakfast operations ancillary to an agricultural use in non -urban areas are permitted in the Regional Niagara Policy Plan. The addition of a bed breakfast operation in the Good General Agricultural designation as well as a limit on the number of guest rooms and the requirement of a zoning by-law amendment to regulate the use is proposed. Home Occupations The relatively recent trend of operating a home -based business such as a home office or internet business within a residence is proposed to be-recognized in the City's Official Plan. The home occupation would be restricted to an area within a dwelling and shall remain secondary to the residential use. Wooded and Natural Areas There is a significant amount of wooded, wetland and natural areas in the rural area of Niagara Falls that serve an important ecological function. The City's Official Plan should retain the policies that recognize and protect the mutually beneficial aspects of natural areas and farming uses. As a side note, the Region of Niagara recently adopted new environmental policies for the Regional Policy Plan. A review of the City's environmental policies is also underway as part of the required 5 -year review of the Official Plan and will have some bearing on the lands discussed in this report. Process 4 PD- 2006 -32 The attached draft amendment has been prepared in consultation with Regional Planning staff. Before proceeding further, the public should be consulted on the proposed changes to the Agricultural policies. It is proposed that an Open House session be arranged and the policies be circulated to agricultural groups in the City. Subsequent to the consultation and any changes that may be included in the draft policies will be brought back to Council for a public meeting under the provisions of the Planning Act. It is suggested that a coordinated public consultation process between the amendments considered in this report and report PD- 2006 -30 concerning the Willoughby Land Use Area would be best as it would allow the City to proceed with a comprehensive review of all of the City's agricultural CONCLUSION: The majority of the soils in the Niagara Region fall within the Provincial definition of prime agricultural land and combined with the favourable climate, physiography and trade location, this area is considered one of the most productive areas in Canada. April 3, 2006 The present agricultural policies applying to the southern half of the Municipality are outdated and do not reflect the examined agricultural environment. The `deferred' status of the City's agricultural policies needs to be replaced by new policies that reflect the agricultural character and moreover must conform to the upper -tier documents of the Provincial Policy Statement and Regional Policy Plan. Data reviewed by staff at both the City and the Region suggests that the "Good General Agricultural" designation of the Regional Policy Plan would be appropriate. Prepared by: Respectfully submitted: Francesca Berardi Planner 2 Recommended by: Doug Darbyson irector of Planning Development Approved by: 7/ Ravenda ecutive Director of Corporate Services FB:tc Attach. S:1PDR\2006\Revised PD2006 -32, AM -08 -2006, Good General Agricultural Policies.wpd 5 PD- 2006 -32 John MacDonald Chief Administrative Officer Soils, Land Use, Farming Type and Lot Size and Creation Data SOUS The soils in the agricultural area of Niagara Falls fall under the Provincial definition of Prime Agricultural land (see map below). General Observations: The remainder of the soils south of the Welland River, both in Willoughby and Crowland, are considered 0^000 S O 0000 W i+M W WYYMMM�e V11...er r w. o-. a- .:.rx. ,0000 R1aFv. Figure 2.2 REGIONAL MUNICIPALITY OF NIAGARA Agricultural Soil Classification (CLI) REGIONAL AGRICULTURAL ECONOMIC IMPACT STUDY Appendix 1 The northern half of the Municipality exhibits mostly Class 2 Soils. Pockets of Class 1 and 2 soils are located in the extreme south western corner of the Municipality. Class 3 soils quite similar to the other areas examined in the Southeast Niagara Agricultural Study. The Canada Land Inventory System defines Class 3 soils as fair to moderately high in productivity for a wide range of field crops but limited by one or a combination of factors such as climate, erosion, slopes, permeability or stoniness. In Niagara Falls, the agricultural area appears to be most affected by the poor drainage of the clay soils. An analysis of the soils capability in the Municipality shows that the Class 3 soils located east of Road into Willoughby are often occupied by significant wetlands or woodlots. Where the Willoughby Land Use Area and the Crowland area differ is in the actual use of the soil. A notable portion of lands available for agriculture west of the QEW is actively being farmed in wheat, soybean, hay and livestock operations whereas the lands to the east exhibit a much lower level of farming activity. The agricultural activity appears to suggest that drainage improves from east to west. With improvements to drainage, a further increase agricultural productivity is possible. Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Land Use The Southeast Niagara Agricultural Study divided land uses into areas of agricultural potential: agricultural; for years); (lands gricultural; idle agriculture with the last few ears scrub lands not used for agriculture over the past few years); and non- agricultural lands (wooded areas, residential, commercial, recreation, etc.). The study concluded that the WLUSA experienced significantly less current agricultural use on lands available for agriculture than the remainder of the Study area in Niagara Falls, Fort Erie, Welland and Port Colborne. In order to compare the areas of agricultural potential between the rural areas of the City, Planning staff conducted a land use survey based on the format used in the Southeast Niagara Agricultural Study. The attached plan illustrates the lands uses which existed at the time of the staff survey for the northwest and southwest areas in the summer of 2003 and the Willoughby Area in autumn of 2005. A breakdown of the acreages by use category is shown in Figure 1 (below). Figure 1 Agricultural Idle Scrub Wooded Non -Farm (Seaway lands) Southeast Niagara Agricultural Study* Southeast Area (total area outside of urban boundary is 80,000ac, excluding Willoughby) WLUSA (total area outside of urban boundary is 10,500ac) 56.1 7.2% 7.2% 80% of land available for ricutture is in use for agriculture 24% I 42% of land 24% available for riculture is in use for 9.5% agriculture 14.3% 9.5% 13.6% 33% 1.25% n/a Municipal Survey Vorth West Area total area is 6,827ac) 54% 3% 4.9% 87% of land available for agriculture is in use for agriculture 17.6% 20.5% n/a Crowland/Willoughby west of QEW. (total area is 14,896ac) 41% 5% 11% 72% of land available for agriculture is in se for agriculture 30% 7% n/a Willoughby east of the QEW (total area is 7,603ac) 19.9% 13.4% 10.6% 45% of land available for agriculture is in use for agriculture 40.8% 15.4% n/a *Southeast Niagara Agricultural Study Area includes parts of Niagara Falls, Fort Erie, Port Colborne and Welland. Srub: where the lands have not been used for agriculture for at least several years idle: where lands have been used for agriculture during the past several years. General Observations: The land use breakdown confirms the distinct difference between the Willoughby Land Use Area and the remainder of the agricultural lands surveyed. Only 42% of land that could be available for agriculture (i.e., agricultural, idle and scrub lands) is being utilized and only 24% of the total area is in agricultural use according to the Southeast Niagara Agricultural Study. The survey conducted by City staff confirms this data but differs slightly (possible because of the time lapse between the surveys). In contrast, the northwestern area of the City shows a high level of current and continued agricultural activity with only small percentages of land being left idle or in scrub. Agricultural land use in the Crowland area is consistent with the land use in the Southeast Niagara study area. CRY Of PORT cOUKt E TOWN Of NAGAM-Or4TNEIAAE Agricultural Land Use Agricultural Idle WET Scrub_ Wooded livestock Operation City of Niagara Falls ONTARIO, CANADA ewWwies ems wWif ew.r ue. s.. «..e.r falc W�E Base Legend 1.16P,Orws LANDOSE Agricultural Irde Land Areas (Acres) Non -Farm Uses Scrub Wooded N/A WEBTOF W wawa/ NOR111ef W8• 6123 1515 3688 730 1016 203 1055 1068 1400 1673 804 337 5315 3097 1199 215 103 1964 wa• es.nr...Omni, Niagarah]Is Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Type of Farming The Southeast Niagara Agricultural Study concludes that within the study area 50% of agricultural lands are in cropland; 25% in livestock and 25% in a mixed livestock/crop farming operation. The windshield survey conducted by City Staff allowed a notation of where livestock operations existed but not the breakdown of the economics of the farm. For the purposes of the City survey livestock operations were identified by the presence of animals or livestock barns. The Land Use Plan in Appendix 1 -B illustrates the contrast between the distribution of livestock operations in the northwest and southwestern sections of the Municipality. A total of 43 livestock operations of various sizes were noted in the Crowland area and 18 in the Willoughby area whereas only 2 (hobby livestock) operations were noted in the north. In terms of crops, the northwestern area contained some orchards, vineyards, and nurseries which were not evident in the southern agricultural areas. Crops of wheat, hay, soybean and corn were observed in both the north and south, however, hay was more prevalent in the southernmost portions of the municipality, mostly in relation to the livestock operations. An area of mixed vegetable crops was noted in the extreme southwestern area of Crowland. The distribution of the livestock operations in addition to the types of crops observed suggests a greater similarity between the Crowland area and the lands included in the Southeast Niagara Agricultural Study than between the Crowland area and the northwestern agricultural area. Northwest Agricultural Area Crowland/Willoughby Area WLUSA All Areas 181 Parcels Acreage Parcels Acreage Parcels Acreage Parcels Acreage 45.7% 185 I 2.8% 306 1 39.5% 403 I 2.7% 348 1 58.6% 407 I 5.7% 835 47% 995 i 3.5% 97 1 24.4% 560 1 8.5% 167 21.6% 930 6.2% 109 18:4% 503 1 7.1% 373 21% 1992 1 6.9% 2 s 8.1% 451 I 6.8% 83 t 10.7% 1151 I 7.7% 36 6.1% 505 I 7.1% 151 9% 2107 I 7.3% 23 14 5.8% 571 1 8.6% 57 7.4% 1416 I 1 9.4% 27 4.5% 625 4 8.8% 107 6% I 2612 9.1% 1 3.5% 501 7.6% 36 1 4.7% 1257 8.4% 9 i 1.52 318 4.5% 59 j 3% 207 7.2% 13 3.3% 587 1 8.9% 24 I 3.1% 1073 i 7.2% 24 i 4.1 1104 f 15.5% 61 3% 2764 9.6% 24 I 6.1% 1543 1 23.3% 77 9.9% I 5264 1 35.1% I 32 5.3 2189 30.8% 133 8% 8995 1 31.3% 12 3.1% I i 2213 33.5% 24 1 3.1% 3495 1 23.3% 9 1.5 1456 1 20.5% 45 I 3% 7164 1 25% 36 6611 1 774 l 14969 I 594 I 7107 1 1764 j 28706 i 1 I 1 i i i i 1 1 i 16.7 i 19.4 1 1 11.96 1 I 76.8; t 68.8; t 68.5 t Soils, Land Else, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Lot Size Lot Creation Lot Si z, The atta lica plan represents the distribution of lot size in the City's Agricultural area. The following provides a breakdown of lot size by number of parcels and total acreage occupied for these areas. 40d <3ac LOT SIZES /AREAS COMPARISON BASED ON MAPPING 's. a f;rc' imately 6% of the land area within the WLUSA (Willoughby) is occupied by lots less than 3 acres kr f 1 h3) in size about twice as much as the other two agricultural areas. The majority of the non -farm ti VAS are along and within one township block of the Niagara Parkway. `:st and Crowland/Willoughby areas are again similar on other end of the scale with 35% of their as held in lots of greater than 50 acres (20.2ha) in size. Fr t o 21 f;: dec,isions_regarding lot severances were made by the Regional Niagara Land Division Committee S 6 c t orxs have been made by the City's Committee of Adjustment. "Since 1989 more than half of all sev A„ ah -tions in the City's agricultural area proposed new non -farm lots (i.e., commercial/institutional lots, infi l r� t residential or rural non -farm lots) less than 3 acres in size. Most of the applications were in the 13.1k 0. e which does have a larger land base than the other two agricultural areas. The numbers clearly illuss is Ihr td, sf I,re that all the agricultural areas are facing for the creation of non -farm lots. Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Testamentary Devise A number of residential lots in the agricultural area have been created through testamentary devise. A number of them have not yet been developed. The number of lots and total acreage of lots created through testamentary devise are as follows: 138 lots and 585.9ac in the Crowland area 75 lots and 291.05ac in the Willoughby area none in the northwest area Therefore, based on total acreage: 27% of the Crowland area has been lost to testamentary devise 26% of Willoughby area has been lost to testamentary devise The testamentary devise plans are spread out in the southwestern area but 4 out of 5 plans in Willoughby are concentrated north of Marshall Road. The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O.Box1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca July 10, 2006 Re: PD- 2006 -55, Official Plan Amendment No. 66 Proposed Amendments to the Official Plan Regarding Part of the Lands of the Former Willoughby Township PD- 2006 -55 Doug Darbyson Director 1) this report be submitted to Regional Planning and Development Department as comments on Regional Policy Plan Amendment No. 170; and 2) Council adopt the amendments to the Official Plan (OPA 66) regarding part of the lands of the former Willoughby Township (east of the QEW) and forward them to the Region for approval. This report outlines the culmination of work from the Willoughby Land Use Study, numerous staff reports and meetings between City, Regional and Provincial representatives concerning a large area south of Lyon's Creek and Chippawa, east of the QEW (see Schedule 1). It brings to fruition a major component of the Planning and Development Work Program by introducing new Estate Residential policies, Special Study areas for potential growth and Good. General Agricultural policies for a large area which is currently without relevant land use policies (see Schedule 2). The Willoughby Land Use Study was a joint project of the City, Region and Niagara Parks Commission to examine land uses and prescribe a new land use regime. The Study recommended redesignation of Legends Golf Course and Battle of Chippawa heritage site as Open Space and provided for limited estate residential development adjacent to the golf course. An area between Lyon's Creek and Ussher's Creek was identified for future urban uses with the balance of the area set aside for Rural Recreational uses. The Region and ;City prepared amendment documents to implement this direction. However, Regional Plan Amendment 170 was opposed by the Province during the circulation stage because it was not consistent with the direction the Province was moving. This effectively terminated the approach of the Region and City. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 10, 2006 2 PD- 2006 -55 The Province, taking a more centralized approach to planning in Ontario, legislated that all municipal planning documents "must be consistent with" Provincial Policy. The Province strengthened its Provincial Policy Statements (PPS) to ensure the preservation of agricultural lands and recently approved a Growth Plan for the Greater Golden Horseshoe area. The City and Regional planning staff undertook a reexamination of farming activity, quality of soils, parcel fragmentation and "grow south" strategy in an effort to address Provincial interests. The work of staff was presented to Council on April 3, 2006 through report PD- 2006 -30. Council adopted the report and directed staff to hold a public open house. Public Open House A public open house on the draft policies was held Tuesday, May 9, 2006 at the former Willoughby Township Hall on Sodom Road and was attended by 40 people. The meeting was held in conjunction with Niagara Regional staff in consideration of their Policy Plan Amendment No. 170 and the City's proposal to revise its Good General Agriculture policies. A questionnaire was provided which was completed by some of the attendees. Comments received were generally supportive; specific comments included: requests to include several areas under the proposed Estate Residential designation either to permit further development or to recognize existing residential enclaves; concerns respecting drinking water contamination, surface drainage and the condition of existing roads be addressed; a preference that urban development (the urban area boundary) not be extended south of Lyon's Creek; and a request that urban development be permitted in the area of the QEW /Sodom Road interchange. These comments will be addressed within this report. Planning Analysis The lands in the Willoughby area, east of the QEW, are currently designated Rural/Agricultural Deferred except for the portion of the Legends Golf Course that lies within the urban area which is designated Residential. The Rural/Agricultural designation is deferred because the Province did not approve the policies when the rest of the Official Plan came into effect in 1993. Therefore, there are no effective policies to guide land use in this part of the City. Staff has had to rely on outdated policies of the previous Crowland and Willoughby plans. Staff have drafted proposed policies that will result in up -to -date locally -driven policies that provide clear direction and guidance for decision making. Simultaneously, the Region is preparing updated policies as part of Regional Policy Plan Amendment No. 170 to correspond with these changes. Schedule 2 illustrates the proposed changes in land use designation that would affect the Willoughby area east of the QEW. These designations are: Open Space Estate Residential Good General Agriculture Good General Agriculture Special Policy Area 8 July 10, 2006 1. Open Space 2. Estate Residential 3 PD 2006 55 As shown on Schedule 2, the Open Space designation affects the lands developed for the Legends of Niagara golf course which is under the jurisdiction of the Niagara Parks Commission (NPC). The policies of the Open Space designation include public parks, golf courses and recreational areas as permitted uses. In addition, the policies provide for uses which are ancillary to these uses and provide a level of guidance for these uses. This designation has been used for other golf courses within the City. The policies will not usurp the NPC's authority under the Niagara Parks Act. Finally, the change from the Residential designation will recognize that a large land area has been removed from the City's inventory for future housing development. An Estate Residential designation is proposed for the lands south of the Open Space designation (see Schedule 2). The extent of the Estate Residential designation has been determined based on the following: There is a low demand for a housing outside the urban area; A defined area will allow for development to proceed in a planned manner; The area identified is bounded by numerous small lots which are already developed; The fragmentation of surrounding lots does not allow for development to be comprehensively planned; and This area is separated from the balance of the area thus removing pressures to extend development. The intent of the Estate Residential policies is to meet the needs of the community by providing for large lot non -urban housing in a defined area where development can be controlled in terms of lot area, frontage, density, road patterns and servicing. The objective is for residential development not to proceed in an ad hoc, unplanned manner but to be in keeping with the rural character of the area and to be compatible with the surrounding natural features. Highlights of the policies are: Estate residential development is to be permitted in the area to be designated; Development is to occur by plan of subdivision. Severances may be considered for lands which cannot be incorporated into a plan of subdivision provided that they comply with the policies of the Estate Residential designation; Lot areas are to be a minimum of one hectare and lot frontages of a minimum 100 metres; An Environmental ..Impact Stud adjacent to Environmental Protection Areas and other lands of significant natural heritage; Development shall be sustainable on private services; uired for developments on lands Applicants shall provide, as part of any application, a storm water drainage plan that July 10, 2006 4 PD- 2006 -55 illustrates the management of surface water runoff; and Traffic generated by development is to be accommodated on municipal roads in order to limit impacts on the Niagara River Parkway. As noted above, comments have been received that certain other areas should be included under the Estate Residential designation either to recognize existing residential clusters or to permit further development. These areas are shown on Schedule 3. Staff cannot support expansion of the boundaries for a number of reasons: The majority of lands adjacent to the proposed Estate Residential area are fragmented. The extent of fragmentation precludes any future development from occurring in a comprehensive manner as contemplated by the Estate Residential policies. Uncontrolled small lot development could ultimately lead to private services not performing satisfactorily, related health concerns and pressure to extend municipal services. The boundaries of the Estate Residential lands were established through previous public input, and discussions with the Region and Ministry of Municipal Affairs representatives. The Ministry staff reluctantly accepted the Estate Residential designation only after City and Regional staff assured the Province that there is a limited need for this type of lot based on statistics which indicate 5 percent or less of the annual residential building permits are issued for dwellings located outside the Urban Area Boundary and thus, the areal extent required to meet the demand for this type of housing is relatively small. The requests shown on Schedule 3 would expand the Estate Residential designation to Willoughby Drive, Marshall Road and Reixinger Road. The likely effect would be pressures to further expand the Estate Residential area to lands across the street. It is not the intent of these policies to create an overall non -farm residential area and subvert the Provincial Policy Statements which prohibit residential lot creation in prime agricultural areas. 3. Good General Agriculture The remainder of the area is to be designated Good General Agriculture (see Schedule 2). The policies pertaining to the Good General Agriculture are examined in report PD- 2006 -54, which is also on tonight's agenda. These policies would replace the Rural /Agricultural Deferred designation for the following reasons: These lands meet the Provincial criteria for prime agricultural lands in Ontario. The Provincial Policy Statement requires that all prime agricultural lands, including Class 1, 2 and 3, be preserved. The soil capability, climate, agricultural potential and market location of the area closely resemble the qualities of the surrounding lands in Fort Erie, Port Colborne and Welland, all of which are considered to be suited for agricultural activities by the Southeast Niagara Agricultural Study. There are no contemporary Official Plan policies to deal with land use in this area July 10, 2006 5 PD- 2006 -55 and the City must refer to the Regional Policy Plan for direction. The proposed amendment would bring the area into the current planning program of the City, remove an outstanding deferral and place it on equal footing with the adjacent lands. 4. Special Policy Areas The current Official Plan policies regarding testamentary devise lots would continue to apply. Two areas shown on Schedule 2, between Lyon's Creek and Ussher's Creek (east of the QEW) and the lands around the QEW /Sodom Road interchange are to be designated Good General Agriculture with Special Policy Area notations in the Official Plan. Previously, the Willoughby Land Use Study had proposed the lands between Lyon's Creek and Ussher's Creek be identified as an area for future urban boundary expansion. This approach was not acceptable to the Province. Under the Growth Plan for the Greater Golden Horseshoe, growth is to be managed. The Growth Plan recognizes that Niagara Falls interfaces with the Gateway Economic Zone due to its proximity to the U.S. border. Economic opportunities are recognized within urban boundaries and no expansion of these boundaries can occur without a comprehensive review. The PPS requires a comprehensive review be undertaken from a regional perspective with regard to anticipated population and employment growth. The Region is undertaking a Growth Management Study which will determine the need, location and feasibility of future urban boundary expansions region -wide and will include these two areas as part of the assessment. Therefore, a Special Policy overlay will apply to these lands indicating that they are subject to the Growth Management Study. Regional Policy Plan Amendment No. 170 As stated, the Willoughby Land Use Study was a joint study which also necessitated changes in the Regional Policy Plan. The Region prepared a draft of Policy Plan Amendment No. 170 which was circulated to the Province for input. At that time the Ministry of Municipal Affairs Housing voiced strong opposition to the amendment; as a result the Amendment No 170 did not proceed to Regional Council. Since that time, Regional and City planning staff have been working with the Province to resolve the various issues. As a result, Regional planning staff propose a number of modifications to No. 170 and presented those at the Open House and a subsequent Public Meeting. The Region is seeking input from the City before finalizing Amendment No. 170. Amendment No. 170 with the modifications would: include a new policy in the Rural designation to recognize the Legends Golf Course; designate those lands south of the Urban Boundary (which would be designated Estate Residential in the Niagara Falls Official Plan) as Rural together with a new policy to address the specific location of the estate residential use, lots size and servicing and environmental issues;- introduce new policies to include the area around the Sodom Road interchange and the lands between Lyon's Creek and Ussher's Creek as areas of study within the Region's Growth Management Study. The policies would also add specific conditions which would prohibit development which would jeopardize efficient future urban use in the Lyon's Creek area, prohibit extension of urban water or sewers, prohibit estate residential development in the Lyon's Creek area, allow the July 10, 2006 6 PD- 2006 -55 CONCLUSION: Prepared b Jo arnsley Manager of Policy Planning and 1646 ti(s,-,1.sL Recommended by: JB:gd Attach. continuation or expansion of existing uses provided they do not jeopardize future orderly development, allow for certain consents of 25 acres or more and lastly, require any development comply with the environmental policies of the Region. Amendment No. 170 would facilitate the proposed changes to the Niagara Falls Official Plan as described in this report and contained in Official Plan Amendment 66. Therefore, the Region's draft amendment as modified can be supported. The proposed land use changes and polices as contained in OPA 66 are the result of extensive public consultation and negotiation with the Ministry of Municipal Affairs Housing and thorough discussion with the Region. The policies will provide a clear and contemporary framework to manage land use that is consistent with the Provincial Policy Statement and the Region's Policy Amendment #170. Limited estate residential development is provided for within a contained, regulated area that is to respect the area's rural character and the natural heritage features. Provision is also made for the further consideration of future land uses through the Region's Growth Management Study. Moreover, Amendment 66 will remove a significant deferral of Official Plan policy which has been outstanding for over a.decade. Further, this amendment also brings to fruition a major component of the City's 2006 work program for the Planning and Development Division. Based on the foregoing, it is concluded that the proposed policies for the area of the former Willoughby Township, east of the QEW represent good planning. Alex Herlovitch Deputy Director of Planning Development Doug Darbyson Director of Planning Development S:\PDR\2006\PD2006 -55, OPA 66, Part of Lands of Former Willoughby Twp.wpd Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Legend Subject Land Urban Area Boundary International Boundary Municipal Boundary ovation: `Former Township of Willoughby, east of the QE Applicant: City of Niagara Falls K: \GIS_Request$\ 2006\ Schedules \Newspaper\Ag_designations.map SCHEDULE 1 LOCATION MAP Official Plan Amendment No. 66 s 1:NTS June 2006 Location Map Schedule 2 Proposed Designations Under the Niagara Falls Official Plan The proposed designations replace the "Rural /Agricultural" designation of the current Official Plan only and do not affect any other designations such as "Environmental Protection Area" or "Open Space K: \GIS_ Requests\ 2006\ Schedules \Newspaper\Ag_deslgnations.map 1:NTS June 2006 Lands requested to be included under the ESTATE RESIDENTIAL designation Property Parcels June 2006 KAGIS Requests \2006 \Schedules \NewspaperNAg_designations.map Schedule 3 Location Map N s 1:NTS July 10, 2006 7 APPENDIX "A" 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 map, constitute Amendment No. 66 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. MAP CHANGE Area #1 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Residential and Deferred Rural /Agricultural to Open Space on Schedule "A" of the Official Plan. Area #2 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Deferred Rural /Agricultural to Estate Residential on Schedule "A" of the Official Plan. Area #3 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Deferred Rural/Agriculture to Good General Agricultural on Schedule "A" of the Official Plan. Area #4 shown on "Map 1 to Official Plan Amendment No. 66" shall be identified as SPECIAL POLICY AREA "8" on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 8 RURAL /AGRICULTURAL, is hereby deleted in its entirety and replaced with the following: SECTION 8 ESTATE RESIDENTIAL POLICIES (i) PD- 2006 -55 PREAMBLE The policies of this section govern the lands designated Estate Residential on Schedule "A The intent of these policies is to provide large lot development on private services that is planned and to control and guide limited residential development that is rural in character and is compatible with the surrounding natural features and open space in terms of lot area, density, setbacks, road patterns and servicing. Policies 8.1 The objective is to permit Estate Residential development within the area designated on Schedule "A and in a form that is not a typical small -lot, urban development. July 10, 2006 8 PD- 2006 -55 8.2 Estate residential development shall take place through site specific amendment to the Zoning By -law and by plan of subdivision. Development is encouraged to be planned on as large and comprehensive basis as possible having regard to adjacent properties in order to protect natural areas and to provide for properly designed storm water management facilities and internal road systems. 8.3 Developers shall make every effort to consolidate all available lands into a plan of subdivision. In rare situations, there may occur parcels of land that fall outside of lands that are within a plan of subdivision. Such lands that cannot be incorporated into a plan of subdivision may be severed through individual consents provided the lots that are to be created are compatible with the natural environment and surrounding uses and comply with the policies of subsection 8.5. 8.4 Single detached dwellings and accessory buildings that are customarily associated with single detached dwellings only are permitted within the Estate Residential designation. 8.5 In order to preserve the rural character of the area and the natural environment, subdivisions shall be designed to be consistent with the following: 8.5.1 The minimum area for individual lots shall be 1.0 hectare. Subdivisions should contain a range in lot sizes, with larger lots utilized to protect woodlots, creeks and other natural areas and to provide a varied streetscape. The minimum lot frontage shall be 100 metres. 8.5.2 Subdivisions shall be developed with internal road systems so as to avoid strip development along rural roads. Generally, reverse lot frontage shall not be permitted, or where buildings are to be located along existing, non internal roads they shall have generous setbacks and integrate with the landscape. 8.5.3 Development shall be designed to preserve and enhance wetlands, wood lots, drainage courses and floodplains. In this regard, development and site alteration may be permitted on lands adjacent to Environmental Protection Areas and other lands of significant natural heritage where it can be demonstrated that any adverse impact of such development can be avoided or satisfactorily mitigated. Complete planning applications shall include an Environmental Impact Study (EIS) prepared by a qualified person. 8.5.4 Subdivisions shall be designed and constructed to ensure long term health and protection of the natural environment and shall provide the required Minimum Distance Separation (MDS) with respect to agricultural operations within the adjacent Good General Agricultural area. Moreover, lot sizes should be increased at the periphery of the Estate Residential area, and dwellings sited, such that July 10, 2006 farming operations within the Good General Agriculture area may establish, continue or expand. Hedgerows should be used instead of fencing to delineate property boundaries, where possible, to provide natural space linkages and wildlife corridors. Placement of buildings and driveways shall be regulated so as not to adversely impact natural buffers. Conservation easements may be used as a means to secure long term protection of natural features. 8.6 The extension of municipal water or sewage services to the Estate Residential area is neither appropriate nor contemplated by this Plan. Only development that is sustainable on private services over the long term shall be considered. 8.6.1 Individual on -site sewage services and individual on -site water services shall require approval from the Regional Public Health Services Department. As part of an application for a plan of subdivision a report shall be provided, to the satisfaction of the Regional Public Health Services Department, prepared by a qualified person, that demonstrates: the adequacy and safety of individual on -site water services; the long -term sustainability of individual on -site sewage services; and the protection of human health and the natural environment. (a) (b) (c) 9 PD- 2006 -55 8.6.2 Application for estate residential development shall be accompanied by: (a) a storm water drainage plan that illustrates the management of surface water runoff; or (b) a Master Grade Control Plan, designed to the satisfaction of the Director of Municipal Works, for any application for a plan of subdivision; and (c) a stormwater management plan that may be required as part of an application for subdivision by the Director of Municipal Works. 8.6.3 The design of storm water management features shall serve to protect the natural environment and not negatively impact any individual on- site sewage services or individual on -site water services or adjacent lands. 8.7 Traffic impact studies maybe required as part of any planning application in order to access any impacts on the surrounding road network. 8.8 Home occupations, including bed and breakfast facilities, shall be permitted by site specific Zoning By -law amendment as ancillary uses to a residence where it can be demonstrated that they are compatible with and retain the rural character of the Estate Residential area. To ensure compatibility the ancillary uses shall remain designated and zoned Estate Residential and be in compliance with other policies of this Official Plan. The ancillary uses shall July 10, 2006 -10 PD- 2006 -55 not have associated outside storage of materials or hinder the surrounding residential uses in terms of noxious odours, noise or traffic and shall provide adequate on -site parking as outlined in the City's Zoning By -law. The severance of an ancillary use is not permitted. In addition to the above: (a) A home occupation or a bed and breakfast facility shall be carried on within the residence and remain ancillary to the residential use of the property. (b) Bed and breakfast facilities shall be operated by a permanent resident of the dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by -law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. ii) PART 2, SECTION 14 SPECIAL POLICY AREAS, Special Policy Area "8" is hereby deleted in its entirety and replaced with the following text: 14.8 SPECIAL POLICY AREA "8" Special Policy Area 8 applies to the lands south of the Urban Area Boundary to Ussher's Creek and east of the QEW and to the lands surrounding the Sodom Road/QEW interchange. These lands are to be studied as part of Regional Niagara's Growth Management Study to determine if they are appropriate in the long range for urban development. Notwithstanding, the lands at the Sodom Road/QEW interchange, in the vicinity of the existing airstrip, will continue to be considered for the manufacturing of components as well as technological and research facilities related to the aerospace industry. Additional uses related to and complementary to aerospace industries shall be permitted as ancillary uses. Development shall be subject to an Official Plan amendment phased through amendments to the Zoning By -law and commensurate with approval of appropriate sewage disposal systems and potable water supplies. iii) PART 4, SECTION 8.3 CONSENT POLICIES FOR RURAL /AGRICULTURAL AREAS is hereby deleted in its entirety. KAG1S RequcsM2006 \Schedules\OP_Amendmenn\66_md 67.mep MAP 1 TO AMENDMENT NO. 66 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment The proposed designations replace the "RuraffAgricultural" and "Residential" designation of the current Official Plan only and do not affect any other designations such as "Environmental Protection Area" or "Open Space" or Special Policy Areas. Proposed Changes: Area 1 Residential and Rural /Agricultural to Open Space Area 2 Rural/Agricultural to Estate Residential Area 3 Rural/Agricultural to Good General Agricultural Area 4 ADD SPECIAL POLICY AREA #8 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN Official Plan ,2 ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL Mel MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 66 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. 1:NTS AM- 12/2006 June 2006 Jim Williams Chairman Nia Pars 1 +1 Dear Sir: An agency of the Government of Onu,io since 1AA.5 Mr. John Barnsley Planner 2 City Hall 4310 Queen Street Box 4310 Niagara Falls, ON L2E 6X5 June 14, 2006 RE: OPEN SPACE POLICY WILLOUGHBY TOWNSHIP LEGENDS In response to your e-mail The Niagara Parks Commission submits this recommendation. Changes noted in bold and underlined. Open Space 13.8 The lands located south of Chippawa and west of the Niagara River Parkway to the Canadian Niagara Power transmission corridor are under ownership of the Niagara Parks Commission and contain the Legends of the Niagara golf course and Battle of Chippawa interpretive centre. This Plan recognizes and respects the jurisdiction of The Niagara Parks Commission which is allowed uses under the Niagara Parks Act or for Commission purposes. Yours truly, Engineering Dave Gillis Phone: 905/356- 2241', ext. 260 Fax: 905/356 -7262 E -Mail: npceng @niagaraparks.com Dave Gillis, MCIP, RPP Manager Planning Properties Planning File 0 GARA PARKS COMMISSION John Kern P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 General Mar www.niagaraparks.com City Of' Niagara Falls 10 Queen $tweet N'tara Fella, Ontario L.2 E 6X5 .ktv meal Mr. D, l ar'byson Director &Farivingaod Devc-lopmeai .4,t 1.11 11 ASSOCIATED CONSULTING GROUP (A Division of 819890 O Ltd.) PLANT NO 6NTa DEVELOPMENT CONSULTANTS Re: Prupose d Amendment No. 66 Tonic City of Niagara Falls Official Plan Willoughby Land Use Policies 3w 14th 20D6 Fax No: 9057 356 -2334 tonsgicrarion under this proposed plan amendment thould provide for the recognition and irwclusion, of existing residential 'eluAt rs' along; 1} The east side of Witltluuhby Drive from Willick Road to Marshall Road, 2) The north side of Marshall Road between Willoughby Drive/ Niagara River Parkway. These `clusters' should be designated as either `Estate Residential' andlor 'Rural'. The area is riot justifiable as good general agricultural land. use 'clusters' could *hen perxrut qualified 'Wailing' which will be limited to remaining vacant areas in the'olusters', Back- ground reports prepared by the Region of Niagara and the City of Niagara Falls, provide statistical and land use data that would support the inclusion of the 'cluster's'. The 'clusters' are non intrusive to an agricultural area, and would not have any adverse impact on agriculture. J. 1: wish to be notified of the adoption of the proposed amendment and reiCiticat that my comments be 1 1s1 =teircacl PriOr to the adoption of the amendment. The amendment would implement guidelines for the Willoughby Land Use Study area, which was Poiously undertaken in 2000 and recently completed, My moments ex+ere also previously p vided on May 29th, 2006 for the Region of Ragan public Meeting for Policy Plan Amendment No. 170. RECEIVE i JUN Z 1 2006 PLANNING §_.4 EVELOPMENT co: Mr. C Cambray Commissioner of P mnnin8 Region of Niagara Fax (905) 641 -520 BLit 31 Thera is merit for an alternative consideration m the Form and content of proposed Amendment No. 66: The preparation of a con compAreherisive secondary plan coveuing the latig Willoughby surdy sres should be Included an the proems. he plan amendment should outline all are qualified for retiebiguation from Good General A$rLcultural Land to Rural, which are not justifiable for continuance as Good General Agricultural Land. These e,omtnerits can also be read to coujunctian with my previous letter provided to you on Apnli 28, 2003 for the initial public meeting held for the Willoughby Latu1 use study. Your Truly, PhIl Fisher, President Senior Development Planner 4251 Michell Avenue, ilagara Pa»s, Ontario L21~ 66114 Tei: 90 -1014 Cell: 905 933 38211 Far: 905 8500 pbfassociateseyahc u.ca Corporate Services Department PD- 2006 -56 Planning Development Doug Darbyson The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada 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: BACKGROUND: July 10, 2006 Re: PD- 2006 -56, Official Plan Zoning By -law Amendment Application AM- 06/2006, 5471, 5491 and 5507 River Road 4399 and 4407 John Street Applicant: O.R.E. Development Corporation Agent: Italia Gilberti, Solicitor Conditions of Council's Approval of a Proposed 29- Storey Residential Development RECOMMENDATION: It is recommended that Council: 1) receive this report for information purposes; and 2) pass the by -law appearing on tonight's agenda to adopt the Official Plan amendment in order to implement Council's approval of this development and to incorporate the conditions outlined in this report. On June 12, 2006, Council approved, in principle, an application for a 29- storey, 250 unit residential development on the lands shown on Schedule 1. Council made its decision subject to the following: a long -term lease with the City for the portion of River Lane abutting the subject lands for the purpose of access and establishing a density of the development; a bonusing agreement under Section 37 of the Planning Act; resolution of traffic and servicing matters to the satisfaction of the City and the Region; and other measures that may reduce the impact on surrounding lands. This report outlines the required measures to implement Council's decision. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 10, 2006 2 PD- 2006 -56 1. Use of River Lane by Applicant Development of the residential units is to be contained to the portion of the site east of River Lane. To "spread" the density across the entire subject land, including River Lane, and to provide access into the development, the applicant originally requested to purchase River Lane. However, due in part to concerns raised by area residents about public access to River Lane, solicitors for the applicant and the City recommended that alternatively the Lane be subject to a long -term lease. Such a lease would allow condominium owners access to their lands on the west side of River Lane. This lease would help facilitate the transfer of development rights by physically linking all the applicant's properties. The Official Plan amendment appearing in Council's agenda applies to all lands that are subject to the application, restricts the location of the apartment building to the site east of River Lane and establishes the maximum height and density of the project including the whole of the lands. The Official Plan amendment requires the applicant to enter into the above mentioned lease. The lease will contain provisions requiring the applicant to improve and maintain the Lane and to maintain public access over the Lane. In the near future, staff will report back on the terms of the lease, including the monetary compensation to the City. 2. Section 37 Agreement Section 37 of the Planning Act allows Council to authorize increases in height and density of development otherwise permitted in return for benefits set out in an amending by -law. Council cannot pass such a by -law unless there are Official Plan policies in effect that contain provisions relating to the authorization of the desired increases in height and density. The Official Plan allows Council to permit increases in height and density in exchange for preserving historical buildings or sites, providing increased amenities and protecting woodlots. At the public meeting, the applicant agreed to enter into a Section 37 agreement and volunteered a contribution of $500,000 in exchange for the increased height. The proposed Official Plan amendment contains policies requiring a Section 37 agreement to deal with the collection of these funds and to detail their disposition to specified projects that provide increased amenities to the City. The applicant's lawyer has suggested the contribution may go to a project near the development. The following projects would benefit the neighbourhood or nearby CBD: projects approved under the Downtown Community Improvement Plan construction of a recreational trail on the lands of the former Michigan Central Railway between the CBD and Newman Hill 3. Traffic and Servicing Matters The City's Traffic Services Division and the Niagara Parks Commission have outstanding concerns with the traffic study prepared by the applicant's consultant. A hold provision should be imposed in the amending zoning by -law and remain in place until such time as the traffic study has been completed and necessary approvals have been obtained to implement any recommended mitigation measures. As impacts on the City's and Region's servicing infrastructure have not been fully analyzed, this amending by -law should also include a hold provision with respect to the provision of adequate July 10, 2006 services. The Official Plan amendment on tonight's agenda contains policies that will allow Council to implement a hold provision in the amending by -law until such time any necessary improvements to the traffic and servicing infrastructure are provided to the satisfaction of the City, the Region and The Niagara Parks Commission. 4. Other Measures to Mitigate Impact of the Development There are certain aspects of the developments, such as its overshadowing of the neighbourhood and the gorge, and its compatibility with surrounding low density residential development in terms of massing and character, that cannot be mitigated. However, the above noted measures to address traffic and servicing matters may help to reduce certain impacts on surrounding areas. To ensure abutting streets and properties are not adversely impacted by wind effects, the Official Plan amendment contains language requiring the applicant to conduct a microclimate study to assess the impacts of the study and recommend microclimate mitigation measures prior to the lifting of the hold provisions. Such matters as landscaping, grading and drainage, lighting and fencing will be addressed at the site plan stage. The Next Steps If Council adopts the Official Plan amendment included in tonight's agenda, the amendment and supporting documentation will be forwarded to the Region for further consideration. If Regional Council approves the Official Plan amendment, public notice of this approval will be given. If no appeals are received, the Official Plan amendment will come into force. To ensure a Section 37 agreement is implemented, the amending zoning by -law will not be presented to Council for passing until a Section 37 agreement is executed and ready for registration. CONCLUSION: The above noted conditions are intended to support Council's approval of the application and have been incorporated into the Official Plan amendment on tonight's agenda for Council's consideration. Council may adopt this Official Plan amendment to implement their decision with respect to approval of the subject application. Pied by: Approved by: Andrew Bryce Planner 2 Recommended by: odAys449--- D ug Darbyson rector of Planning Development AB:ko Attach. S:\PDR\2006\PD2006 -56, AM -06 -2006, O.R.E. Development Corporatio.wpd 3 PD- 2006 -56 T. Ravenda Executive Director of Corporate Services espectfully submitted: John MacDonald Chief Administrative Officer Subject Land Amending the Official Plan and Zoning By -law No. 79 -200 Location: 5471 River Road 5491 River Road 5507 River Road 4399 John Street 4407 John Street Applicant: O.R.E. Development Corporation K: \GIS Requests\ 2006\ Schedules \ZonineAM\AM- 06\mannina man SCHEDULE 1 LOCATION MAP N AM- 06/2006 1:NTS Mav MI6 The City of Niagara Falls Canada Corporate Services Department PD- 2006 -58 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: July 10, 2006 Re: PD- 2006 -58, Matters Arising from the Municipal Heritage Committee RECOMMENDATION: It is recommended that Council: 1) pass an amending by -law to amend the designating by -law for the Strickler/Danner House at 12549 Niagara River Parkway to correct the legal description of the property; and 2) approve a designated property grant for two- thirds of the eligible costs to restore the masonry of the east and west wall of the house at 4325 Bampfield Street as outlined in this report. The Municipal Heritage Committee held its regular meeting on June 28, 2006. Two matters require Council's consideration. 1. Amending By -law -12549 Niagara River Parkway On February 28, 2000 Council passed By -law No. 2000 -45, which designated the property at 12549 Niagara River Parkway as a heritage property. Typically, once a designating by -law is passed by Council it is forwarded to Legal Services who register the by -law on title to the property. In the case of the property at 12549 Niagara River Parkway, the by -law contained an incorrect legal description of the property and therefore the by -law could not be registered on title to the property. The purpose of the by -law on tonight's agenda is to correct the legal description of the property which is done by inserting an amended Schedule "A" into the by -law which is then registered on title. The owner and the Ontario Heritage Trust are then advised of the change. The. Committee recommends that Council pass the amended by -law to allow for its registration on title. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 10, 2006 2. Designated Property Grant 4325 Bampfield Street CONCLUSION: The Committee is seeking the concurrence of City Council on these matters. Prepared by: Peggy Boyle Assistant Planner Recommended by: oug Darbyson Director of Planning Development Approved by: 4 4/ 67 T. Ravenda o f Executive Direct of Corporate Services PB:gd An application was received for a grant to restore the masonry of the east and west walls of the house at 4325 Bampfield Street from the owner, Mr. Leslie Khan. An estimate from Jon K. Jouppien was considered by the Committee. The Committee was satisfied that this work constituted restoration and that the following additional requirements be requested: removal of the mortar is to be done with hand tools mortar mix is to consist of 1 part lime to 2 parts aggregate The estimated cost of the labour and materials is $4,875.00. The grant guidelines state that two thirds of the eligible costs, to a maximum of $3,000.00, will be paid to an owner. The Committee recommends that Council approve the grant, subject to the terms and conditions outlined in the Grant Guidelines. S:\PDR\2006\PD2006 -58, Matters Arising from MHC.wpd 2 PD- 2006 -58 Respectfully submitted: ohn MacDonald Chief Administrative Officer Clerk's Department Inter- Departmental Memorandum The City of Niagara Fall Canada To: Mayor Ted Salci Date: July 10, 2006 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Response to UNITE HERE! Canada's Letter of June 22 In the handout at last Council meeting was the attached letter from UNITE Here! Canada a trade union that has been in existence since 1995. Staff indicated at the time that the matter would return to this agenda. In response to UNITE HERE's letter, the City's consultant, Dave Schram of Urban Environmental Inc has prepared replies to the various concerns raised. This writer has responded to UNITE HERE's request for information. Staff trusts that the attached memo answers the questions raised and allays concerns about site remediation, third party assessments and freedom of information requests. Working Together to Serve Our CommunitN fit p The June 22 2006 letter from UNITE HERE! Canada identifies its concerns about the ..plans to locate the proposed twin pad arena on the former Cytec lands These concerns are summarized as follows: The potential that coal tar waste is present on the arena site and will impact public health and safety. The need for a third party independent environmental assessment to evaluate potential impacts. That "the entire 93 -acre Cyanamid/Cytec piece of land should be remediated to the highest possible standard" That the City may approve development on the site before the MOE has completed its review. The need for the City to have other options for the development of its arena complex and that the City appears to be moving quickly in the planning and decision making for the new arena complex The possibility that the project scope and size may be expanded. That the City cooperates fully on all information requests currently pending with City Departments. UNITE HERE! Canada has requested that the City advise how it will proceed. The following provides a response to the above concerns: CONCERN Coal Tar Waste on the Arena Site A coal gasification plant was operated on the property between 1912 and 1920. It was located in the north -west corner of the site. This arena was remediated in the mid- 1990's. The clean -up was fully documented by Cytec including written reports and video tapes. This documentation was submitted to the Ministry of the Environment. The site remediation process is described in the report entitled "Supplementary Phase II ESA, Cytec Niagara Former Plant Site Arena, 14001 46 Avenue, Niagara Falls, Ontario The report was prepared by Gartner Lee Limited and is dated March 23, 2006. The remediation of the former coal gasification plant was completed in the fall of 1996. Subsequent soil testing including a comprehensive risk assessment of the proposed arena site did not identify any evidence that coal tar wastes were present within the proposed arena site. CONCERN— The Need for Third Party Assessment The City agrees with UNITE HERE! Canada of the value of third party participation in the environmental assessment process. The City has been involved in reviewing the environmental and human health assessment investigations undertaken and completed by Cytec. For example: In November 1995, the City retained Acres Associated to complete an independent peer review of Cytec Canada's proposed remedial action plan for its entire property. Acres Associated continued its involvement on behalf of the City for several years. The City retained the GST Group and RCI Consulting to complete a community improvement plan (CIP) that included the Cytec lands. The GSP Group and RCI Consultants have considerable experience in the evaluation and development of "brownfield" properties. The consulting team also included Acres Consulting to evaluate and advise on environmental matters. The City also has retained Urban Environmental Management Inc. (UEM) to assist in the arena development project and advise on environmental matters. UEM has provided independent peer review services on the environmental conditions of the proposed 16.5 acre arena site, the risk assessment approach developed by Cytec for the proposed arena site and the risk assessment completed by Cytec's experts for the proposed arena site. UEM will continue to assist the City in these third party assessment roles as the environmental and human health risk assessment continues and when a record of site condition (RSC) is prepared. The City has also undertaken independent geotechnical investigations on the proposed arena site. It retained Jagger Hims Ltd. to complete this work. Jagger Hims has considerable experience in these matters and in the specialized areas of environmental assessment and site remediation. The City's approach to the development of the proposed arena site has been comprehensive. It has relied on the independent study and advice of its environmental experts and intends to continue with this approach. CONCERN The Entire Cytec Site Should be Remediated The City supports the remediation of the Cytec property so that it fully meets the provincial requirements. The Ontario Standards are comprehensive and have full regard for human health and safety and environmental risks. The City will not accept any deviation from these established and accepted standards. The City's current focus is with the development of the 16.5 acre proposed arena site. The environmental and human health risk assessment has been completed and submitted to the Ministry of the Environment (MOE) for review and acceptance. The City is waiting on the conclusions of the MOE' s review before it commits to its next steps in the development of the proposed arena site. The conclusions reached by the risk assessment and environmental consultants engaged by Cytec are that the site is acceptable and poses no potential for human health or environmental risk. CONCERN— Development Might Proceed Before the MOE review is Completed UNITE HERE! Canada expresses a concern that the Ministry of the Environment can audit RSC's prepared by third party assessors, but such audits takes place after the initial approval of the RSC". This is not the City's understanding of the RSC process as established in the "Brownfields Statute Law Amendment Act, 2001" and the "Brownfields Regulation" of 2004 (O.Reg. 153/04) which amended Ontario's Environmental Protection Act (EPA). The "Brownfield" legislation was enacted to address the concerns noted by UNITE HERE! Canada. Since October 1, 2005 the preparation and fling of a RSC is mandatory when it is proposed to change a property use to a more sensitive use. The proposed property use change cannot be completed until the RSC has been reviewed and "acknowledged" by the MOE. This process is also supported by the City of Niagara Falls Official Plan. It is important to note that the City has not accepted the transfer of the 16.5 acre property proposed for the arena complex. City Council in its decision on November 7 2005 established several conditions to the development of the proposed arena site including that a Record of Site Condition be prepared by a "qualified person" and acknowledged by the Ministry of the Environment. The RSC process that is being undertaken is dictated by the "Brownfield Regulation" and is comprehensive and responsive to City Council direction. It is summarized as follows: A Risk Assessment Pre Submission Form was prepared and submitted to MOE for review and approval. This `form" is a detailed description of the risk assessment approach to be undertaken at the proposed arena site. The Pre Submission Form was accepted by MOE. A human health and ecological risk assessment for the proposed 16.5 acre arena site has been completed and submitted to MOE for review and acceptance. If accepted then the RSC process will be initiated. The RSC must be filed with MOE and the City. If acceptable then it will be acknowledged by MOE. Then, and only then, will the City consider the proposed site acceptable for an arena complex. As noted, the City has and will continue to be involved in the environmental and human health assessment process. CONCERN City Must Have Other Options The City is moving carefully and diligently through a planning, design and decision process that was established at the outset of the project. The City completed an "arena complex site selection process" that identified and evaluated potentially suitable public and private sites. This process concluded that the Cytec property best met the requirements of the City. City Council approved, subject to conditions, the development of the site for the arena complex. The City continues to consider all information in its planning process including the potential that other sites may require further consideration. However unlikely, if this was required the City would not have to start over from scratch..." as noted by UNITE HERE! Canada. Considerable evaluation of potential sites was completed as part of the site selection process and this information would be relevant if other sites required consideration. The City is participating in the environmental assessment and now completing independent on- site investigations (i.e. the geotechnical assessment). If new or different information becomes available then it will be evaluated as part of its planning process. To date, the City is confident that the proposed 16.5 acre arena site is acceptable for the intended uses. CONCERN The Project May be Expanded The arena complex planning process established by the City is based on developing a property to establish and operate a four pad arena complex or its equivalent. The City is proceeding with the first phase of this development being a twin -pad arena complex. If Council decides to revise its arena development proposal then the process will consider the implications of the changes and its potential effects on the proposed area site. CONCERN That City Staff Cooperate Fully with all Information Requests Currently Pending. Unite Here! Canada made an application under the Municipal Freedom of Information and Protection of Privacy Act. As the attached correspondence indicates, the request from Unite Here is rather broad and encompassing. Under O. Reg 823/90 (as amended by O. Reg. 480/97) of the Municipal Freedom of Information and Protection of Privacy Act, a municipality can charge for search time and pages copied. Staff has suggested to Unite Here! Canada a more narrow information request will reduce the costs and time associated with their request. UNITE; HERE! June 22 2006 UNITE HERE Ontario Council OFL -CLC Alexandra Dagg, Director James Deane, President Paul Clifford, President Local 75 t 416.510.0887 800.268.4064 f 416.510.0891 460 Richmond Street West, 2nd Floor, Toronto, ON, M5V JYl To the Mayor and members of the Niagara Falls City Council: UNITE HERE represents over 700 workers in Niagara Falls, many of whom live in the neighbourhoods abutting the former Cyanamid/Cytec facilities. We have been closely following the plans to locate the proposed twin -pad arena on the former Cytec lands. We believe there are concerns about public health and safety that should be addressed before this site is pursued as a location for an arena complex. Our concerns have been heightened further by the prospect that the project's size and scope may be expanded even further in the coming weeks in response to the OHL proposal publicized last week. Over the course of more than 80 years of production, Cyanamid/Cytec manufactured, stored or disposed of vast quantities of coal, coke, lime, calcium carbide and calcium cyanamide. According to the company's own 1986 study, some waste material from the plant, including coal tar and cyanide, was deposited on- site. A 1988 study cited evidence of a coal tar well on the site. Coal tar is a toxic and carcinogenic by- product of coke production and has been the root cause of many environmental crises across Canada, including the Sydney Tar Ponds in Nova Scotia. The City of Niagara Falls appears to be moving quickly in the planning and decision making for the new arena complex. We are concerned that most past studies of this site were commissioned and paid for by Cyanamid/Cytec, and believe a higher criterion of objectivity is required where a known carcinogen is suspected. The next stage in the evaluation of the land is a `Record of Site Condition', currently being prepared by a company called Cantox. This RSC process is being paid for by Cyanamid/Cytec. The Ministry of the Environment can audit RSCs prepared by third party assessors, but such audits only takes place after the initial approval of the RSC. Accordingly, development can take place before the results of the audit are released. As the Association of Municipalities of Ontario has noted, "The potential exists for municipalities to grant approvals for development on sites, which MOE ultimately not find satisfactory through their audits. Unfortunately, Niagara Falls, under your leadership, appears open to exactly such a risk. In the case of the Sydney Tar Ponds, a 1998 Cantox report on the Tar Ponds predicted "no measurable adverse health effects ...from long term exposure to chemicals in the Frederick Street neighbourhood. The Sierra Club of Canada described that assessment as "clearly flawed," and called for a peer review. ®a info @unitehere.ca www.unitehere.ca We have two primary concerns. First, because of the historical presence of waste materials including coal tar and cyanide at the site, we believe an immediate, independent and thorough environmental assessment is warranted, not only looking forward to future development, but also to evaluate impacts on human health and the Niagara River ecosystem. Following such an assessment, the entire 93 -acre Cyanamid/Cytec piece of land should be remediated to the highest possible standard. Secondly, we urge the city to keep other options for the development of the arena open. A new twin -pad arena would be a welcome addition to our community, for our youth in particular. It would be unfortunate if the city had to start over from scratch because the current site proved to be too cumbersome or burdened by environmental problems. We ask the Council direct the staff to cooperate fully with all information requests currently pending with City departments, and that you take immediate steps to formally commit the City to a full and independent environmental impact review. Please let us know within the week how the City shall proceed in this matter by contacting Marc Hollin, UNITE HERE Research Analyst at (905) 354 -2027. Thank you for your consideration. Sincerely Alex Dagg Co- Director UNITE HERE! Canada 1 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. p46. 2 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. pp.48 -59. 3 Inventory of Industrial Sites Producing and Using Coal Tar and Related Tars in Ontario. Volume I (Intera Technologies Ltd.: July 1988). p.98. a "AMO Report on Brownfields Redevelopment: What Has Been Achieved, What Remains to be Done." Association of Municipalities of Ontario. (May 2006). 5 Human Health Risk Assessment of Frederick Street Area. Cantox Environmental. (August 11 1998) p.ii. 6 Sierra Club, "Government guidelines support Sierra Club's call for peer review of Cantox report." February 24, 1999. See also testimony from Dennis Gruending (Saskatoon— Rosetown— Biggar, NDP), from the Standing Committee on Environment and Sustainable Development (Recorded by Electronic Apparatus: Thursday, February 17, 2000). 7 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. p46. Dean Iorfida Re: Unite Here Deputation From: To: Date: Subject: CC: Dean Iorfida Marc Hollin 6/29/2006 2:12 PM Re: Unite Here Deputation dschram @uemconsulting.com; John MacDonald Hi Marc: My responses are interspersed in the e-mail. Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Marc Hollin" <mhollin @unitehere.ca> 6/28/2006 10:55 AM Dean lorfida City Clerk Corporation of the City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON, L2E 6X5 Phone: 905 356 -7521 ext. 4271 E -mail: diorfida @niagarafalls.ca To Dean lorfida, City Clerk: Page 1 of 2 Please put UNITE HERE Canada on the agenda for the July 10th City Council Meeting. have a few questions for you: When will we appear on the agenda, and in what way? (i.e. Will we appear as an individual item The agenda is still being worked on. I will probably have a better idea by Tuesday regarding where on the agenda, and how on the agenda, the matter will appear. Do you need to know who exactly is speaking yet? I can list it as Representatives from Unite Here will speak to the matter. It would help if I had he specific name(s) and titles the night of the meeting. What are the specific guidelines for the presentation? (time limits, A V considerations, number of speakers, etc) Deputations are limited to 10 minutes. You can have more than one person speak within that 10 minutes. Obviously, the more speakers you have the less you may be able to say within the 10 minute time frame. As for A/V considerations, a power point presentation is acceptable but I ask that you e-mail it to me by Friday, July 7th so we can place it on our computer. Any AN presentation must be file //C ADocuments %20and %20 Settings \AdministratorTocal %20Settings \Temp \GW 0000... 7/3/2006 accommodated within the 10 minutes. Can we put written materials in the meeting package prior to the meeting? If so, by when do you need those materials? What is appearing on the agenda on July 10th is your letter to the Mayor and Members of Council dated June 22nd. Staff will be providing a response to your letter. Additional materials bringing up new issues or information would not be appropriate. If you wish to provide information that buttresses your letter of the 22nd, I would need it by Friday, July 7th. Can other people speak to our issue after our presentation? Can people sign up in advance to depute on our issue? I'm not really sure what you mean by this point. If you wanted people outside your organization to provide supporting comments, they would have to be within the 10 minutes allotted to you. Page 2 of 2 I hope this provides some clarification. If you have any further questions, please do not hesitate to contact me directly or drop me an e-mail. file'// CAlInenmPnte 0/0NnrloA9nC'Pttinae\ A riminictratnr \T .nra1 (1Cattinne \TPmr, omn. W AA '7 i1ionni Ut4-4TE.4 HERE! Dean Iorfida City Clerk and FOI Coordinator The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Wednesday, May 17, 2006 To Dean Iorfida: UNITE HERE Ontario Council OFL -CLC Alexandra Dagg, Director James Deane, President Paul Clifford, President Local 75 t 416.510.0887 800.268.4064 f 416.510.0891 460 Richmond Street West, 2nd Floor, Toronto, ON, M5V 1Y1 c A i nvfT LIe&Bf'%Y.J ',Li A. ACTION DISCUSS INFO MAY 2 6 2006 Under the MFOIPP Act, I would like to request all documents, notes, agreements, applications, staff reports and correspondence relating to the parcel of land in Niagara Falls, ON commonly referred to as the Cytec Land,' which is bounded by Stanley Ave., the Chippawa Power Canal, the CN rail line, north of CW Palmer Memorial Park and the former YMCA building (being made up of blocks 64269 -0127, 64269 0129, 64269 -0131, and 64269- 0388), since January 1 2000. These documents specifically include: a complete member list of the Arena Steering Committee responsible for the final arena site selection any and all Arena Steering Committee meeting notes, agendas and correspondence (written and electronic) between members relating to the final arena site selection all staff reports relating in any way to the parcel of land described above, to the arena selection process, and to the proposed donation of a portion of the land described above any and all correspondence, written and electronic, between City staff or officials and Cytec International Inc. and/or any of its companies or interests, from January 1 2002 until the present, relating in any way to any part of the parcel of land in Niagara Falls bounded by Stanley Ave., the Chippawa Power Canal, the CN rail line, north of CW Palmer Memorial Park and the former YMCA building (being made up of blocks 64269 0127,64269 -0129, 64269 -0131, and 64269 -0388) any and all documents, correspondence and agreements, written and electronic, between City staff or officials and members of the DiCienzo family or Canadian Niagara Hotels and Entertainment Inc. and/or any of its companies or interests, from January 1 2002 until the present, relating in any way to the parcel of land described above a copy of any and all environmental assessments on the parcel of land described above, and especially any studies commissioned by Cytec, including the Environmental Site Assessment Phase I and Phase II and the Risk Assessment Enclosed is a $5.00 cheque to initiate the process. Please contact me by telephone or email with any questions or concerns. (')<>6 info @unitehere.ca www.unitehere.ca UI'1TE; HERE!3 Marc Hollin Research Analyst UNITE HERE Canada 460 Richmond St. West Toronto, ON M5V 1Y1 Office: 416.510.0887 ext.242 Email: mhollin @unitehere.ca UNITE HERE Ontario Council OFL -CLC Alexandra Dagg, Director James Deane, President Paul Clifford, President Local 75 t 416.510.0887 800.268.4064 f 416.510.0891 460 Richmond Street West, 2nd Floor, Toronto, ON, M5V 1Y1 Thank you in advance for your time and consideration, info @unitehere.ca www.unitehere.ca Dean Iorfida Re: Request for Documents and Information From: Dean Iorfida To: Marc HoIlin Date: 6/9/2006 9:38 AM Subject: Re: Request for Documents and Information CC: Sheila Morocco Mr. Hollin: We have received your Freedom of Information Request. The various staff persons are preparing time estimates and a formal response will be sent to you regarding any associated costs as per the Regulations of the Municipal Freedom of Information request. As this e-mail request is of similar subject matter as your original request. I will consider this to be part of your original request and not charge you an additional filing fee. Once again, a formal letter will be sent to you in the near future. Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905- 356 -9083 (Fax) "Marc Hollin" <mhollin @unitehere.ca> 6/8/2006 5:26 PM Dean Iorfida City Clerk Corporation of the City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON, L2E 6X5 Phone: 905- 356 -7521 ext. 4271 E mail: diorfida niagarafalls.ca June 8 2006 To Dean Iorfida: I would like to request access to any and all documents relating to the contract awarded by the City of Niagara Falls to Barry -Bryan Associates (BBA) for the architectural work on the new arena development. Recommendations regarding this matter are found in City documents R- 2005 -49 and R- 2006-19. The documents requested include, but are not limited to The Ontario Association of Architects Standard Form of Contract for Architectural Services The Agreement between the City and BBA passed in Council May 29 2006 Any and all documents relating to terms and conditions of that Agreement Any and all documents, notices, and correspondence, written and electronic, relating in any way to the tendering of the architectural contract for the arena complex Page 1 of 2 file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW} 0000... 7/3/2006 Please respond by email to confirm receipt of this email, and with information concerning the timeframe required to meet my request. Thanks very much for your time and assistance, Marc Hollin Research Analyst UNITE HERE Canada 460 Richmond St.W., 2nd Floor Toronto, ON M5V 1Y1 416.510.0887 ext.242 Fax 416.510.0891 Mobile 647.408.5428 www.unitehere.ca Page 2 of 2 file: /C:\Documents %20and %20Settines\ Administrator \Local %20Settin \Temn fWlnnnn 7/ P7nnt Municipal Freedom of Information and Protection of Privacy Act R.R.O. 1990, Reg. 823 Page 1 of 4 Francais Municipal Freedom of Information and Protection of Privacy Act R.R.O. 1990, REGULATION 823 Amended to O. Reg. 480/97 GENERAL Notice of Currency: This document is up to date. *This notice is usually current to within two business days of accessing this document. For more current amendment information, see the Table. of Regulations (Legislative History). This is the English version of a bilingual regulation. 1. A record capable of being produced from machine readable records is not included in the definition of "record" for the purposes of the Act if the process of producing it would unreasonably interfere with the operations of an institution. R.R.O. 1990, Reg. 823, s. 1. 2. (1) A head who provides access to an original record must ensure the security of the record. (2) A head may require that a person who is granted access to an original record examine it at premises operated by the institution. (3) A head shall verify the identity of a person seeking access to his or her own personal information before giving the person access to it. R.R.O. 1990, Reg. 823, s. 2. 3. (1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. (2) Every head shall ensure that only those individuals who need a record for the performance of their duties shall have access to it. (3) Every head shall ensure that reasonable measures to protect the records in his or her institution from inadvertent destruction or damage are defined, documented and put in place, taking into account the nature of the records to be protected. R.R.O. 1990, Reg. 823, s. 3. 4. (1) An institution is not required to give notice of the collection of personal information to an individual to whom it relates if the head complies with subsection (2) and if, (a) providing notice would frustrate the purpose of the collection; (b) providing notice might result in an unjustifiable invasion of another privacy; or http: /www.e- laws. gov. on .ca /DBLaws/Regs/English/900823 e.htm (c) the collection is for the purpose of determining suitability or eligibility for an award or honour. (2) For the purpose of subsection (1), the head shall make available for public inspection a statement describing the purpose of the collection of personal information and the 7/3/2006 Municipal Freedom of Information and Protection of Privacy Act R.R.O. 1990, Reg. 823 Page 2 of 4 reason that notice has not been given. R.R.O. 1990, Reg. 823, s. 4. 5. Personal information that has been used by an institution shall be retained by the institution for the shorter of one year after use or the period set out in a by -law or resolution made by the institution or made by another institution affecting the institution, unless the individual to whom the information relates consents to its earlier disposal. R.R.O. 1990, Reg. 823, s. 5. 5.1 A head of an institution that receives a request for access to a record or personal information shall conclude that the request is frivolous or vexatious if, (a) the head is of the opinion on reasonable grounds that the request is part of a pattern of conduct that amounts to an abuse of the right of access or would interfere with the operations of the institution; or (b) the head is of the opinion on reasonable grounds that the request is made in bad faith or for a purpose other than to obtain access. O. Reg. 22/96, s. 1. 5.2 The fee that shall be charged for the purposes of clause 17 (1) (c) or 37 (1) (c) of the Act shall be $5. O. Reg. 22/96, s. 1. 5.3 (1) For the purposes of subsection 39 (1.1) of the Act, the fee payable for appealing a decision of a head to the Commissioner shall be, (a) $25, if the person appealing has made a request for access to a record under subsection 17 (1); (b) $10, if the person appealing has made a request for access to personal information under subsection 37 (1); and (c) $10, if the person appealing has made a request for correction of personal information under subsection 36 (2). (2) For the purposes of subsection 39 (1.1) of the Act, no fee is payable for appealing a decision of a head to the Commissioner if the person appealing is given notice of a request under subsection 21 (1) of the Act. O. Reg. 22/96, s. 1. 6. The following are the fees that shall be charged for the purposes of subsection 45 (1) of the Act for access to a record: 1. For photocopies and computer printouts, 20 cents per page. 2. For floppy disks, $10 for each disk. 3. For manually searching a record, $7.50 for each 15 minutes spent by any person. 4. For preparing a record for disclosure, including severing a part of the record, $7.50 for each 15 minutes spent by any person. 5. For developing a computer program or other method of producing a record from machine readable record, $15 for each 15 minutes spent by any person. 6. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the record if those costs are specified in an invoice http: /www.e- laws. aov. on .ca /DBLaws/ReQs/English /9OfR23 e_htm 7/Z /'nnW Municipal Freedom of Information and Protection of Privacy Act R.R.O. 1990, Reg. 823 Page 3 of 4 that the institution has received. O. Reg. 22/96, s. 2. 6.1 The following are the fees that shall be charged for the purposes of subsection 45 (1) of the Act for access to personal information about the individual making the request for access: 1. For photocopies and computer printouts, 20 cents per page. 2. For floppy disks, $10 for each disk. 3. For developing a computer program or other method of producing the personal information requested from machine readable record, $15 for each 15 minutes spent by any person. 4. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the personal information requested if those costs are specified in an invoice that the institution has received. O. Reg. 22/96, s. 2. 7. (1) If a head gives a person an estimate of an amount payable under the Act and the estimate is $100 or more, the head may require the person to pay a deposit equal to 50 per cent of the estimate before the head takes any further steps to respond to the request. O. Reg. 22/96, s. 3 (2) A head shall refund any amount paid under subsection (1) that is subsequently waived. R.R.O. 1990, Reg. 823, s. 7 (2). 8. The following are prescribed as matters for a head to consider in deciding whether to waive all or part of a payment required to be made under the Act: 1. Whether the person requesting access to the record is given access to it. 2. If the amount of a payment would be $5 or less, whether the amount of the payment is too small to justify requiring payment. R.R.O. 1990, Reg. 823, s. 8. 9. If a person is required to pay a fee for access to a record, the head may require the person to do so before giving the person access to the record. R.R.O. 1990, Reg. 823, s. 9. 10. (1) The following are the terms and conditions relating to security and confidentiality that a person is required to agree to before a head may disclose personal information to that person for a research purpose: 1. The person shall use the information only for a research purpose set out in the agreement or for which the person has written authorization from the institution. 2. The person shall name in the agreement any other persons who will be given access to personal information in a form in which the individual to whom it relates can be identified. http://www.e-laws.gov.on.ca/DBLaws/Regs/English/900823_e.htm 3. Before disclosing personal information to other persons under paragraph 2, the person shall enter into an agreement with those persons to ensure that they will not disclose it to any other person. 4. The person shall keep the information in a physically secure location to which access is given only to the person and to the persons given access under paragraph 2. 7/3/2006 Municipal Freedom of Information and Protection of Privacy Act R.R.O. 1990, Reg. 823 Page 4 of 4 5. The person shall destroy all individual identifiers in the information by the date specified in the agreement. 6. The person shall not contact any individual to whom personal information relates directly or indirectly without the prior written authority of the institution. 7. The person shall ensure that no personal information will be used or disclosed in a form in which the individual to whom it relates can be identified without the written authority of the institution. 8. The person shall notify the institution in writing immediately if the person becomes aware that any of the conditions set out in this section have been breached. (2) An agreement relating to the security and confidentiality of personal information to be disclosed for a research purpose shall be in Form 1. R.R.O. 1990, Reg. 823, s. 10. 11. A request for access to a record under Part I of the Act or for access to or correction of personal information under Part II of the Act shall be in Form 2 or in any other written form that specifies that it is a request made under the Act. R.R.O. 1990, Reg. 823, s. 11; O. Reg. 395/91, s. 1. FORM 1 AGREEMENT Municipal Freedom of Information and Protection of Privacy Act Insert regslgraphics1199018231823001ae .tif R.R.O. 1990, Reg. 823, Form 1. FORM 2 Municipal Freedom of Information and Protection of Privacy Act Insert regslgraphics1199018231823002ae .tif Back to top Francais R.R.O. 1990, Reg. 823, Form 2; O. Reg. 480/97, s. 1. http: /www.e- laws. gov. on .ca /DBLaws/Regs/En2lish/900823 e.htm 7R/2006 >The r'`y of Niagura Falls Canada Unite Here! Canada 460 Richmond Street West, 2 Floor Toronto, Ontario M5V 1Y1 Attention: Dear Sirs: 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 -9083 E -mail: diorfida a city.niagarafalls.on.ca Marc Hollin Research Analyst Corporate Services Department Re: Freedom of Information Request for Access Request No. 2006 -07 We have reviewed your request for access under the Municipal Freedom of Information and Protection of Privacy Act (the "Act and it has been determined that the fee owing for the search time of the records is $1,530.00 broken down as follows: Chief Administrative Officer manual search time to locate documents (4 hours at $30.00 per hour) Legal Services manual search time to locate documents (8 hours at $30.00 per hour) Municipal Works manual search time to locate documents (2 hours at $30.00 per hour) Planning Development manual search time to locate documents (5 hours at $30.00 per hour) Business Development manual search time to locate documents (16 hours at $30.00 per hour) June 12, 2006 120.00 240.00 60.00 150.00 480.00 CARRIED FORWARD $1,050.00 Dean lorfida City Clerk Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development Unite Here! Canada 2 June 12, 2006 BROUGHT FORWARD $1,050.00 DI/sm Parks, Recreation Culture 450.00 manual search time to locate documents (15 hours at $30.00 per hour) Clerk's Department manual search time to locate documents (1 hour at $30.00 per hour) cerely, 30.00 TOTAL $1,530.00 Please be advised that because of the sheer volume of records, you shall be given an opportunity to examine the records or parts thereof. We shall make a room available to you for that purpose. If, after the examination of the records, you wish to have portions of the records copied, they shall be reproduced at the cost of 20 cents per page, unless there is such a number that they would have to be sent out to a commercial printer for reproduction or unless these records include bound documents and/or plans which are far more expensive to photocopy. If any of those instances are applicable, we will have to provide with you with an estimate at that time. However, before you are given access to these records, pursuant to the Act you are required to provide a deposit of at least 50% of the total amount owing for the search time, being $765.00 or in the alternative, you may provide the total amount owing, being $1,530.00. As soon as we are in receipt of cash, a certified cheque or money order payable to The Corporation of the City ofNiagara Falls in the minimum amount of $765.00, we shall proceed to obtain all records available and subsequently render our final decision with respect to your access to same. In the event that access is granted, the total sum of $1,530.00 will have to be paid prior to the release of any records. I can appreciate that the totals quoted are quite substantial, however under the regulations of the Act, a Municipality can charge such amounts. In the interest of cost savings, you might want to refine your request. Clearly the all encompassing nature of your current request has led to this substantial cost estimate. Should you have questions with respect to the foregoing, please do not hesitate to contact the undersigned. can to a City C erk and FOI Coordinator Dean lorfida Fwd Abitibi Thorold Plant Co Generation Pro ect �..,.w. 1 Pa•e From: John MacDonald To: Dean lorfida Date: 6/20/2006 11:06:54 AM Subject: Fwd: Abitibi Thorold Plant Co Generation Project Dean: For a future Council meeting. Thanks. John "Mike Weir" <adm @thorold.com> 6/14/2006 11:30 AM Colleagues, I know you have heard about this project on the news. In short, Northland Power will be submitting a proposal to the province to construct a $250M to $300M energy co- generation capacity at the Abitibi Mill. This is part of the provinces call for additional energy source so as to protect against future black -outs brown -outs, start to reduce reliance on coal fired and increase Ontario's energy supply. This initiative, if approved, will be done with private sector money, produce about 250 MW of power enough to supply over 100,000 homes, and most importantly, secure high paying jobs in Niagara. Thorold Council will pass the attached resolution at our next meeting and we will be formally asking others to do the same. Chair Partington has met with the group and is supportive of this resolution coming to Regional Council. Mayor Goulbourne attended the public information session and others may already be involved as well. The submission date is early August and their submission will be bolstered by our support. wanted to share the resolution and their info package with you early so this may move through the system more expeditiously. For your consideration. Thanks Mike Mike Weir CAO City of Thorold Confidentiality Note: This communication is intended solely for the person or entity to which it is addressed and may contain confidential and /or privileged information. Any other use, dissemination, distribution, disclosure or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender immediately and destroy and /or delete the original communication. Thank you. can Iorfida ABITIBI.doc Page 1 THOROLD CITY COUNCIL Regular X Special MEETING HELD ON: Agenda Item No. 3 (a)(1) June 20, 2006 MOVED BY: SECONDED BY: WHEREAS the Government of Ontario is currently seeking proposals that will reduce energy, decrease the use of gas fired and coal fired energy sources that produce smog emissions, with the objective to increase energy production so as to increase power supply capacity, in the interest of avoiding future blackout and brownout situations and supplying sufficient energy to Ontario. AND WHEREAS The City of Thorold is home to Abitibi Consolidated Thorold Plant, one of the corporations most efficient paper plants using 100% recycled materials. AND WHEREAS Abitibi's current production is Canada's single largest user of recycled fiber (old newspaper and magazines) in Canada, one of the highest yield recycling plants in the industry where over 30% of the required wastepaper comes from Ontario currently diverting 150,000 tonnes of paper from Ontario landfills. AND WHEREAS The City of Thorold is a strong supporter of waste diversion and waste reduction. AND WHEREAS Abitibi currently employs approximately 400 people from Niagara Region. AND WHEREAS Northland Power Inc. is proposing to spearhead a $250 million to $350 million investment on the Abitibi Thorold site to construct a co- generation facility that will burn natural gas and continue to use landfill gas produced at an adjacent landfill site for the purpose of producing steam for the Abitibi Thorold Plant. This co- generation proposal will have the capacity to produce up to 290MW of power, sufficient to power over 100,000 homes per year. AND WHEREAS Abitibi's production needs require approximately 45 M W of power leaving a substantial residual to meet the province's objectives. AND WHEREAS this project will allow the Thorold Plant to become even more efficient and help to secure their economic competitive position in the market place and protect the employment base into the future. AND WHEREAS it is reported that this project could be operational, if approved by the province immediately following an approximately 2 years construction period, during which significant local business employment will be generated. AND WHEREAS Northland Power conducted a public information session May 29, 2006 after extensive advertisement to profile the benefits of this project to local residents and answer any questions and it is reported that all concerns were addressed. NOW THEREFORE BE IT RESOLVED THAT THE CORPORATION OF THE CITY OF THOROLD HEREBY ENACTS AS FOLLOWS: 1. THAT the City of Thorold recognizes the significant energy, environmental and economic benefits that Northland Power Inc.'s co- generation proposal will generate and provides its support to the proposal soon to be submitted to the Ontario Government. 2. THAT this resolution be circulated to all Niagara Municipalities including the Regional Municipality of Niagara seeking their support as well. 3. AND FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, the Honourable Dwight Duncan, Minister of Energy, John Gerretsen, Minister of Municipal Affairs and Housing, Jim Bradley, MPP, St. Catharines, Peter Kormos, M.P.P., Niagara Centre Riding, Kim Craitor, M.P.P., Niagara Falls Riding. Carried Lost Mayor c 0 0 o Z+ 6 2. .47:. o 0. o 0 a) o ‘I•.• Q, to O 0 0 7 1 2 iz a 4 6 m 'ag w L m s ue t/) L a P o (.9 o o w C o 2 L L a, v 4) "3 G o 0 fa. T C o o 0 o OC o J J CL I- V f— N It Q. 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FALLS CLERKS '06 ill To: Area Municipalities Re: Thorold Abitibi Northland Cogeneration Project At its meeting of June 20, 2006, Thorold City Council passed the following resolution: WHEREAS the Government of Ontario is currently seeking proposals that will reduce energy, decrease the use of gas fired and coal fired energy sources that produce smog emissions, with the objective to increase energy production so as to increase power supply capacity, in the interest of avoiding future blackout and brownout situations and supplying sufficient energy to Ontario; AND WHEREAS the City of Thorold is home to Abitibi Consolidated Thorold Plant, one of the corporation's most efficient paper plants using 100% recycled materials; AND WHEREAS Abitibi's current production is Canada's single largest user of recycled fiber (old newspaper and magazines) in Canada, one of the highest yield recycling plants in the industry where over 30% of the required wastepaper comes from Ontario currently diverting 150,000 tonnes of paper from Ontario landfills; AND WHEREAS The City of Thorold is a strong supporter of waste diversion and waste reduction; AND WHEREAS Abitibi currently employs approximately 400 people from the Niagara Region; AND WHEREAS Northland Power Inc. is proposing to spearhead a $250 million to $350 million investment on the Abitibi Thorold site to construct a co- generation facility that will burn natural gas and continue to use landfill gas produced at an adjacent landfill site for the purpose of producing steam for the Abitibi Thorold Plant. This co- generation proposal will have the capacity to produce up to 290MW of power, sufficient to power over 100,000 homes per year; AND WHEREAS Abitibi's production needs require approximately 45 MW of power leaving a substantial residual to meet the province's objectives; AND WHEREAS this project will allow the Thorold Plant to become even more efficient and help to secure their economic competitive position in the market place and protect the employment base into the future; AND WHEREAS it is reported that this project could be operational, if approved by the province immediately following an approximately two year construction period, during which significant local business e 111 nt will be generated; June 23, 2006 P.O. Box 1044, 8 Carleton Street South, Thorold, Ontario L2V 4A7 email: citythor @thoroldcom web: www.thoroldcom Fax: 905 227 -5590 Yours tr SMD /hhm Encl. AND WHEREAS Northland Power conducted a public information session May 29, 2006 after extensive advertisement to profile the benefits of this project to local residents and answer any questions and it is reported that all concerns were addressed. NOW THEREFORE BE IT RESOLVED THAT THE CORPORATION OF THE CITY OF THOROLD HEREBY ENACTS AS FOLLOWS: 1. THAT the City of Thorold recognizes the significant energy, environmental and economic benefits that Northland Power Inc.'s co- generation proposal will generate and provides its support to the proposal soon to be submitted to the Ontario Government. 2. AND FURTHER THAT this resolution be circulated to all Niagara municipalities including the Regional Municipality of Niagara seeking their support. 3. AND FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, the Honourable Dwight Duncan, Minister of Energy, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, Jim Bradley, MPP, St. Catharines, Peter Kormos, M.P.P., Niagara Centre Riding, Kim Craitor, M.P.P., Niagara Falls Riding. Enclosed is a copy of the Abitibi Consolidated presentation to local officials for your consideration. Please forward your letters of support to the undersigned which will be consolidated for submission to the appropriate officials for consideration. Susan Daniels, AMCT Deputy City Clerk Letters to: Ms. Carolyn Kett, Town Clerk, Town of Fort Erie Ms. Kathryn Vout, Clerk, Town of Grimsby Mr. William Kolasa, Town Clerk, Town of Lincoln Mr. Dean lorfida, City Clerk, City of Niagara Falls Ms. Holly Dowd, Town Clerk, Town of Niagara -on- the -Lake Ms. Cheryl, Miclette, Town Clerk, Town of Pelham Ms. Janet Beckett, City Clerk, City of Port Colborne Mr. Kenneth Todd, City Clerk, City fo St. Catharines Mr. Michael Benner, Clerk/Planner, Township of Wainfleet Ms. Carolyn Langley, Clerk, Township of West Lincoln Mr. Craig Stirtzinger, Clerk, City of Welland Ms. Pam Gilroy, Regional Clerk, Regional Municipality of Niagara em: R. Brock, Mayor M. Weir, Chief Administrative Officer J.K. Bice, City Clerk The Honourable Dwight Duncan Minister of Energy Hearst Block 4th Flr, 900 Bay St Toronto, ON M7A 2E1 Mailing Address: Office of the Clerk HIM FALLS CLERKS 'Of; 0628 13:21 June 20, 2006 Honourable and Dear Sir: Re: Northland Power Inc. Proposed Co- generation Facility in Thorold The Municipal Council of the Town of Fort Erie at is meeting of June 19, 2006, passed the following resolution: WHEREAS the Government of Ontario is currently seeking environmental friendly proposals to increase energy production and power supply capacity to avoid future black out and brown outs and to supply sufficient energy to Ontario, and WHEREAS Abitibi consolidated Thorold plant uses 100% recycled material, is home to Canada's single largest user of recycled fibre (old newspaper and magazines) and employs approximately 400 people in Niagara, and WHEREAS Northland Power Inc. is proposing a $250 -350 million investment at the Abitibi Thorold site to construct a cogeneration facility that will bum natural gas and continue to use landfill gas produced at an adjacent landfill site for the purpose of producing steam for the Abitibi Thorold Plant which will have the capacity to produce up to 290 megawatts of power, sufficient to power over 100, 000 homes per year, and WHEREAS Abitibi's production needs are approximately 45 megawatts of power leaving a substantial residual to meet of Province's objectives, and WHEREAS the City of Thorold is seeking support from the Area Municipalities and the Regional Municipality of Niagara in this endeavour; NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie hereby supports, in principle, the resolution of the City of Thorold dated June 20, 2006 recoginizing the signficiant energy, enviornmental and economic benefits that Northland Power Inc. co- generation proposal will generate and hereby provides its support for the proposal soon to be submitted to the Ontario Govnerment, and further Q..2n c.nn The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 /ML\ 0.11 1 LM /MG\ Ir1 Inns .Vs_. .../2 The Honourable Dwight Duncan Page two THAT: The appropriate persons be so notified of this action. We thank you for your attention to this matter. Yours ve 1 Carolyn J. Kett, A.M.C. Town Clerk cke tt@fo rte rie. o n. ca CJK /dlk c.c. The Honourable Dalton McGuinty, Premier The Honourable John Gerretsen, Minister of Municipal Affairs Housing The Honourable Rob Nicholson, MPP, (Niagara Falls) Leader of the Government House of Commons/ Minister of Democratic Reform Kim Craitor, M.P.P. Tim Hudak, MPP Regional Municipality of Niagara Niagara Area Municipalities June 15, 2006 NI GAR CONVENTION CIVIC CENTRE NIAGARA FALLS CANADA Mayor Ted Salci and the Members of City Council The Corporation of the City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario Re: Niagara Convention and Civic Centre Project Dear Ladies and Gentlemen: As Council is aware, efforts have been underway for some time to develop a multi -use Convention Centre in Niagara Falls. One of the key goals of the economic strategy for the City has been to establish Niagara Falls as a year round world class tourism destination. Over the years, it has been determined that a critical piece of infrastructure needed to achieve this goal is a Convention and Civic Centre. Such a facility, developed appropriately, would increase visitation, visitor expenditures and length of stay thereby stimulating economic activity and growth in the City resulting in protection and enhancement of employment opportunities. The City has been at the forefront in supporting and participating in efforts related to this Project. In this regard, City Council formed a Committee with representation from the Council and local stakeholders to assist and guide this Project; The City participated in and provided financial support for several studies undertaken to determine economic impacts, marketing strategies, planning and development, and feasibility of this Project; and City Staff have assisted the private stakeholders and consultants in their efforts to move the Project forward. The tourism industry is greatly appreciative of the efforts that have been undertaken by the City to date with respect to the convention centre. During the last year, efforts have been undertaken by the tourism industry, particularly the Fallsview BIA, to attempt to accelerate progress in realizing this Project. In this regard, City of Niagara Falls June 15, 2006 Page 2 1. A site selection RFP process was successfully concluded last year. The preferred site is a 4 acre parcel of land shown on the attached drawing on the east side of Stanley Avenue across from the former Loretto Academy where the Convention Centre consisting of approximately 230,000 square feet (including exhibit space, meeting space and support space) would be located. As well, lands adjacent to the 4 acre parcel comprising approximately 20 acres of land have been identified for parking and access purposes. 2. An Option for the main 4 acre parcel of land has now been obtained and negotiations are under way with the Region of Niagara and Hydro One to obtain Options for the parking and access lands required. 3. The economic feasibility study referred to above has been recently updated by PKF Consulting (a firm specializing in tourism and convention centres). The Fallsview BIA has passed a resolution committing itself to the expenditure of $15,000,000.00 for capital and operational funding for the Project. 5. The Victoria Avenue BIA has passed a resolution committing itself to the expenditure of $1,500,000.00 for the same purposes. 6. A subsidiary company has been incorporated by the Fallsview BIA under the Business Corporations Act to be used as a vehicle for implementing the Project. 7. The services of Ed Lustig, your former CAO have been procured to assist with strategic and legal advice. Likewise, several other potential stakeholders have been contacted and additional consultants have been retained to move the Project to the next level. The recent work prepared by PKF Consulting, as noted above, has identified significant economic benefits for Niagara Falls, the Region of Niagara, the Province of Ontario and the Federal Government. Among the key findings in this regard include the following: The development of the convention centre would generate $26 million in regional capital expenditures and 867 person years of direct employment. By year 3 the Convention Centre will generate over 514,000 visitors per year (most of which would arrive during the off season). City of Niagara Falls June 15, 2006 Page 3 Yours very truly, Dr. Dragan Matovic President Niagara Convention Civic Centre Inc. cc. Fallsview BIA Victoria Avenue BIA Mr. Ed Lustig —3— $93 million in new visitor expenditures, 75% outside the accommodation sector (excluding gaming). The creation of 1,000 person years of employment. The Province will receive over $45 million over the Convention Centre's first five years of operation. The Federal Government will receive over $75 million over the Convention Centre's first five years of operation. The PKF feasibility study has also confirmed economic viability of the Project on the basis of a framework that identifies the need for significant support towards the capital cost of the Project from the Federal Government and the Province of Ontario and its agencies who, in turn, will also become significant beneficiaries from this investment. In this regard, the Project Team intends to engage the Federal Government, the Province and its agencies in a dialogue regarding the Project and their financial support thereof. Accordingly, we are hopeful that the City will continue to support our ongoing efforts and endorse our approaches to the Federal Government and the Provincial authorities. (Please note that, a primary assumption of the Project Team is that the City of Niagara Falls will not be required to contribute any funds for the development of the Niagara Convention and Civic Centre). In the future, as new developments occur regarding the convention centre, our team would welcome the opportunity to update the Council on our progress. Thank you for your interest and ongoing support of this venture. O co O J a) 0. 0 a L d v 0 .n w co O m O 0 to ca a) z Niagara Vi If Region PLANNING AND DEVELOPMENT June 8, 2006 File: A.03.A.34.43 Mr. Dean Iorfida Clerk City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905 641 -5208 E -mail: plan @regional.niagara.on.ca Re: New Tree and Forest Conservation By -law On May 25, 2006 Regional Council adopted a new Tree and Forest Conservation By- law that replaces the previous Tree Conservation By -law in force since 1996. The new By -law takes a different approach to the cutting of trees in the woodlands of Niagara. Permits are now required and are based solely on the application of Good Forestry Practices using qualified forestry personnel. Cutting by tree size (as allowed in the old By -law) is no longer an option since it has been shown that consistently cutting by size is not beneficial to the health, vigour and diversity of woodlands. There also are a number of other new additions in the By -law such as stop work orders, tree saving plans for development situations and the potential for protecting heritage and significant community trees. A copy of the Tree and Forest Conservation By -law (#47 -2006) is enclosed. Please advise your Council and circulate the By -law to appropriate staff so that they are aware of its existence. A copy of the By -law and the related forms can be obtained from the Region's web site: http: /www. regional. niagara .on.ca /government/committees /tree bylaw /tree bylaw.aspx. In a related matter, under the Municipal Act the Region's By -law can only apply to woodlands that are 1 hectare or larger, unless the area municipality delegates to the Region the authority to regulate such woodlands in its By -law. With the new By -law now in place all woodlands less than 1 hectare are no longer subject to it. There is a concern that these smaller woodlands could be threatened, especially in development situations. There are two options available to ensure that woodlands Tess than 1 hectare remain protected. Municipalities can delegate their authority to the Region or they can pass their own Tree By -law. The City of Niagara Falls already has indicated its intent to Building Community. Building Lives. 2 delegate the authority once the Bylaw is passed. The Region recognizes this and appreciates the interest the City has in protecting our Woodlands. Please advise us when the City has formally delegated the authority. If you have any questions contact Vince Goldsworthy or Tom Bernard, By -law Enforcement Officers, at 905 -984 -3630 or at vince.goldsworthy c(r�,regional.niagara.on.ca or tom.bernard at regional.niagara.on.ca Yours truly, Corwin T. Cambray, MCIP, RPP Commissioner of Planning and evelopment c: Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls VG /M/Tree Bylaw/Tree Bylaw Final -N Falls Clerk Itr Bill 47 THE REGIONAL MUNICIPALITY OF NIAGARA BY -LAW NO. 47-2006 A BY -LAW TO PROHIBIT OR REGULATE THE HARVESTING, DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE REGIONAL MUNICIPALITY OF NIAGARA AND TO REPEAL BY -LAW 8541 -96, AS AMENDED WHEREAS Section135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits the enactment of a by -law by the Council of The Regional Municipality of Niagara to prohibit or regulate the destruction or injuring of trees in Woodlands; AND WHEREAS pursuant to Section 135(7) of the Municipal Act, a municipality may require that a permit be obtained to injure or destroy trees in Woodlands designated in the by=law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; AND WHEREAS the Council of the Regional Municipality of Niagara deems it desirable to enact a Tree and. Forest Conservation By -law for the purposes of: preserving and improving the Woodlands in the Regional Municipality of Niagara through Good Forestry Practices; promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments; helping to achieve the goal of 30% forest cover in the Niagara Region; minimizing the destruction or injuring of trees in Woodlands; regulating and controlling the removal, maintenance and protection of trees in Woodlands; minimizing and guarding against dangerous conditions which may result in injury; protecting, promoting and enhancing the aesthetic values of Woodlands; contributing to human health, recreation, enjoyment and quality of life through the maintenance of woodland cover; providing for the production of wood and other products derived from trees; supporting the objective of the Regional Policy Plan to maintain, restore and, enhance the ecological health, integrity and biodiversity of the Core Natural Heritage System and its contributions to a Healthy Landscape as defined in the Regional Policy Plan; and enhancing and implementing processes and decisions made with respect to applications made under the Planning Act, R.S.O. 1990, c. P.13, as amended. AND WHEREAS Section 135(11) of the Municipal Act permits a municipality to designate persons as officers and delegate to them the power to issue permits and to impose conditions to the permits respecting the prohibition or regulation of the destruction or injuring of trees in Woodlands; Page 1 of 17 Bill 47 AND !WHEREAS Section 252 of the Municipal Act permits a Council to provide by by -law tot a committee of the Council to hold hearings in place of the Council; NC WHEREAS the Council of the Regional Municipality of Niagara believes that .4waFeress and promotion of Good Forestry Practices is a means of achieving protection a Id enhancement of forest areas and the objectives of the Regional Policy Plan; NOW, THEREFORE, the Council of the Regional Municipality of Niagara hereby enacts as =.allows: DEFINITIONS tri►4 Bylaw: "Agricultural Use" means the commercial production of crops and /or raising of livestock for human use and includes ploughing, seeding, harvesting, leaving land fallow as part of a conventional rotational cycle, production of tree fruits and grapes, grazing, animal husbandry, and buildings and structures associated with these activities; "Area Municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara -on- the -Lake, Town of Pelham, City of Port Colbome, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, and the Township of West Lincoln; "Basal Area" means the area of the cross- section of the stem or trunk of a tree taken at a point of measurement 1.37 metres above the highest point on the tree where the ground meets the stump; "i 4 "Building Permit" means a. building permit issued by an Area Municipality under the Building Code Act, 1992, S.O. 1992, c.23, as amended; "Bumper Tree" means a poor quality, low value tree that grows in close proximity to higher value trees and is located along skid roads to protect residual trees from damage during logging and skidding operations; "Business day" means any day falling on or between Monday and Friday of each week but does not include statutory holidays; "Circumference" means the measurement of the perimeter or outer boundary of a stem or trunk of a tree at a specified point of measurement with such measurement including the bark; "Commissioner" means the Commissioner of Planning and Development for the Region or his /her delegate; Page 2 of 17 Bill 47 1.9 "Coppice growth" means clump growth where more than one tree stem grows from a single tree stump and the point of measurement for such growth means that point on each stem measured immediately above the point of fusion, provided such point of fusion is Tess than 1.37 metres above the highest point of undisturbed ground at the base of the coppice or clump growth; 1.10 "Damage" means lasting injury to trees remaining after the completion of the injuring or destroying of trees and caused by the harvesting, injuring or destroying of any trees, that has the effect of inhibiting or terminating growth and may include but is not limited to: 1.10. a broken branches in the crown of a tree; 1.10. b the breaking off or splitting of the stem of any tree and the noticeable tipping of any tree; 1.10. c the splitting of, removal of or damage to the bark of a tree; or 1.10. d damage to the root structure of a tree; except that damage does not include injury to Bumper Trees; 1.11 "DBH" or "Diameter at Breast Height" means the diameter of the stem of a tree measured at a point that is 1.37 metres above the ground; 1.12 "Diameter" means the diameter of the stem of a tree measured at a specified point of measurement with such measurement including the bark of the stem; 1.13 "Ecological Functions" means the natural processes, products or services that living and non living environments provide or perform within or between species, ecosystems and landscapes, including hydrological functions and biological, physical, chemical and socio- economic interactions; 1.14 "Farmer" means a person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended; 1.15 "Forest Management Plan" means a course of forest management action prescribed for a particular woodland area after specific assessments and evaluations have been made by a Registered Professional Forester or a member in good standing of the Ontario Professional Foresters Association in accordance with the Ministry of Natural Resources document "A Silvicultural Guide to Managing Southem Ontario Forests as amended from time to time; 1.16 "Good Forestry Practices" means: 1.16.a the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and wildlife habitat; soil and water quality and quantity; Page 3 of 17 Bill 47 forest productivity and health; vulnerable, threatened and endangered species as regulated by Provincial or Federal statute and the aesthetic and recreational opportunities of the landscape; 1.16.b the cutting and removal of hazardous, severely damaged, diseased and insect- infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values; 1.16.c in the case of hazardous, damaged, diseased or insect infested trees, the maintenance of a Woodland after the cutting and removal is completed unless it is determined through a report prepared by a Registered Professional Forester or a member in good standing of the Ontario Professional Foresters Association that trees must be removed and a Woodland would not be maintained but in no case shall clearcutting be allowed; and, 1.16.d the forestry management practices as set out in the Ministry of Natural Resources document "A Silvicultural Guide to Managing Southern Ontario Forests 1.17 "Heritage Tree" means a tree identified and designated by the Council of an Area Municipality as having heritage significance; 1.18 "Negative impact" means any impairment, disruption, destruction or harmful alteration to any living plant or animal or to their habitat or Ecological Functions; 1.19 "Officer" means an individual appointed by Regional Council for the administration and enforcement of this By -law; 1.20 "Owner" means a person having any right, title, interest or equity in land or any such person's authorized representative; 1.21 "Own Use" means use that does not include a commercial sale, exchange or other disposition of trees destroyed or injured; 1.22 "Permit" means the written authorization to injure or destroy trees issued under Section 6 of this By -law; 1.23 "Person" means an individual or a corporation and their respective heirs, executors, administrators or other duly appointed representatives; 1.24 "Point of Measurement" means the point on a tree trunk measured above the highest point at which the ground meets the tree. For Coppice Growth the Point of Measurement shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.37 metres from where the ground meets the tree; 1.25 "Prescription" means a written course of forest management action prescribed for a particular woodland area by a Registered Professional Forester or a member in good standing of the Ontario Professional Foresters Association after specific assessments and evaluations have been made by a Registered Professional Forester or a member in good standing of the Ontario Professional Foresters Association; Page 4of17 Bill 47 1.26 "Region" means the Regional Municipality of Niagara; 1.27 "Regional Council" means the Council of the Region; 1.28 "Registered Professional Forester" refers to that term as defined in the Professional Foresters Act, 2000, S.O. 2000, c.18, as amended; 1..29 "Sensitive Natural Area" means lands that are in a Woodland and: 1. 29.a within the Environmental Protection designation of the Natural Heritage System and adjacent lands, as defined in the Regional Policy Plan; or 1.29. b within a Natural Area as designated in the Niagara Escarpment Plan; 1.30 "Significant Community Tree" means a tree identified and designated by the Council of an Area Municipality as having community signifcance; 1.31. "Silviculture" means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management; 1.32 "Total Basal Area" means the sum of the Basal Areas of individual trees; 1.33 "Tree" or "Trees" means any living species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity; 1.34 "Tree Marker" means a person certified to mark trees as a result of successfully completing the Ministry of Natural Resources Tree Marker course; or a Registered Professional Forester; or a member in good standing of the Ontario Professional Foresters Association; 1.35 "Tree Saving Plan" means a plan, prepared for the purpose of protecting and preserving trees on properties where development or disturbance of the natural forest cover is to occur. Such plans shall attempt to retain as many trees as possible and as a minimum shall include all of the following: 1.35.a an inventory and graphic display of trees on the property including location, size, species, general age distribution health and any individual trees or grouping of trees with particular significance such as but not limited to age, species and size; 1.35.b identification of natural features and functions present, whether they should be protected, and if not, why; 1.35.c a. statement identifying whether any threatened or endangered species are present and if so, how they are to be protected; 1.35.d a description and a map of the trees to be removed and retained including written reasons why the trees are to be removed or retained; 1.35.e an indication as to how the trees to be retained will be marked or otherwise identified as trees to be protected; Page 5 of 17 1.35.f the layout of the proposed development superimposed on the woodland area, including existing and proposed grades, services /utilities, roads, surface drainage and building envelopes; 1.35.g the specific measures to be used during and after construction or site disturbance to protect and preserve individual trees or clumps of trees identified for retention, including but not limited to fencing around the dripline, the avoidance of storage or dumping of materials over root zones and operation of equipment over root zones; 1.35.h a tree replanting program using native species; 1.35.i a statement indicating that the plan conforms to the Region's Tree and Forest Conservation By -law; and 1.35.j consideration of the relationship between an Environmental Impact Study, prepared as part of a development application, and requirements of the Regional Policy Plan; "Wildlife" means all wild mammals, birds, reptiles, amphibians, fishes, invertebrates, plants, fungi, algae, bacteria and other wild organisms; Woodland" or 'Woodlands" means land on one or more properties with a density of at least: 1.37.a 1,000 trees, of any size, per hectare; 1.37.b 750 trees, measuring over five (5) centimetres in diameter at DBH, per hectare; .37.c 500 trees, measuring over twelve (12) centimetres, in diameter at DBH, per hectare; or :37.d 250 trees, measuring over twenty (20) centimetres, in diameter at DBH, per hectare; eui does not include: 1.37.f a cultivated fruit or nut orchard; 1.37.g a plantation established for the purpose of producing Christmas trees and which is being actively managed and harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or harvested for their intended purpose for a period of 15 years or more; or 1.37.h a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted. APPLICATION OF THE BY -LAW This By -law shall apply to: ill Woodlands having an area of one (1) hectare or more; Ali Woodlands having an area of Tess than one (1) hectare, upon delegation of such authority by an Area Municipality to the Region; and heritage Trees and Significant Community Trees identified and designated by Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region. Page 6 of 17 Bill 47 3. GENERAL PROHIBITIONS 3.1 No person through their own actions or through any other person shall injure or destroy any Tree located in Woodlands: 3.2 No person through their own actions or through any other person shall: 3.2.a Contravene the terms or conditions of a Permit issued under this By- law; 3.2.b Fail to comply with an order issued under Section 8 of this By -law; or 3.2.c Remove or deface any order that has been posted pursuant to Section 8 of this By -law. 3.3 No person through their own actions or through any other person shall injure or destroy any Tree that has been designated by the Council of an Area Municipality as a Heritage Tree or a Significant Community Tree, provided that the authority to regulate such trees has been delegated to the Region by the Area Municipality. 4. EXEMPTIONS 3.1.a Unless exempted by Section 4; or 3.1.b Unless in possession of a valid Permit issued by the Region under Sections 5 and 6 of this By -law and in accordance with its terms or conditions. Despite Section 3 of this By -law, this By -law does not apply to: 4.1 activities or matters undertaken by a municipality or a local board of a municipality; 4.2 activities or matters undertaken under a licence issued under the Crown Forest SustainabilityAct, 1994, S.O. 1994, c.25, as amended; 4.3 the injury or destruction of trees by a person licensed under the Surveyors Act, R.S.O. 1990, c. s.29, as amended, to engage in the practice of cadastral surveying or his or her agent, while making a survey; 4.4 the injury or destruction of trees imposed after December 31, 2002: 4.4.a as part of a Tree Saving Plan required as a condition of approval in a plan of subdivision that has received draft approval under Section 51 of the Planning Act; 4.4.b as part of a Tree Saving Plan required as a condition on a consent approved under Section 53 of the Planning Act; 4.4.c as 'a requirement in a Tree Saving Plan approved and included in an site plan control agreement or a subdivison agreement entered into under Sections 41 and 51 respectively of the Planning Act; Page 7 of 17 Bill 47 4.4.d in a development agreement between an Owner and an Area Municipality; 4.4.e as a condition to a development permit authorized by regulation made under Section 23(b) of the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N.2, as amended; or. 4.4.f as a condition to a development permit authorized by 'regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; 4.5 the injury or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, S.O. 1998, c.15, Sched. A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 4.6 the injury or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; R.S.O 1990, c. A.8, as amended; 4.7 the injury or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: 4.7.a that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and 4.7.b on which a pit or quarry is a permitted land use under a by -law passed under section 34 of the Planning Act; 4.8 the harvesting, injury or destruction of trees where the Owner of the Woodlands has been granted a Special Council Permit pursuant to Section 5; 4.9 the injury or destruction of trees that is required in order to erect any building, structure or thing, including yard areas, in respect of which a. Building Permit has been issued and has taken into consideration the protection of trees surrounding the structure or work within the building envelope, provided that only those trees necessary to .accommodate the building structure or thing, including yard areas, are removed; 4.10 the injury or destruction of trees that is required in order to install and provide utilities, including a private waste disposal system, to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 4.11 the injury or destruction of trees that is required in order to install, provide or maintain a driveway of sufficient width for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; 4.12 the injury or destruction of trees on lands, including buffer lands, used for the purpose of a licenced waste disposal site that has been approved, where applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, the Ontario Water Resources. Act, R.S.O. 1990, c. 0.40, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E.18, as Page 8 of 17 Bill 47 amended, the Planning Act, and /or the Niagara Escarpment Planning and Development Act; Page 9 of 17 4.14 the injury or destruction of trees that: 4.13 the injury or destruction of trees for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended; 4.14.a are dead; 4.14.b are diseased, as identified in a Prescription or Forest Management Plan; or 4.14.c pose a hazard to human safety or property; 4.15 the injury or destruction of trees by an Owner of a Woodland who may harvest, destroy or injure trees for his or her Own Use on his or her property provided that: 4.15.a the Owner, prior to the cutting, has advised the Officer of the proposed cutting; 4.15.b the Owner has been the registered owner of the Woodlands for at least two (2). years prior to the date of the commencement of the destruction or injury of the trees; 4.15.c Good Forestry Practices are employed in accordance with the Ministry of Natural Resources document "A Silvicultural Guide to Managing Southern Ontario Forests"; 4.15.d the destruction or injuring, in that part of the Woodland where trees have been destroyed or injured, does not reduce: 4.15.d.i the number of trees per hectare below that necessary to constitute a Woodland; and 4.15.d.ii the total basal area to below 20 square metres per hectare; and 4.15.e the harvesting, injury or destruction of trees does not involve a Sensitive Natural Area, in which case a Permit under this By -law is required, except that for the purposes of this section no fee is required; or 4.16 the harvesting, injury or destruction of trees by a Farmer that involves the clearing of all or part of a Woodland for agricultural use on land that is owned by the Farmer doing the clearing and is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing. The clearing shall be carried out in accordance with Normal Farm Practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended, provided that: 4.16.a the land that is cleared is put into agricultural use within three (3) years of the date on which such clearing commences; 4.16:b prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of trees, a Forest Management Plan or a Prescription, a fee and a Permit are not required; and Bill 47 5. PERMITS 4.16.c the land being cleared for agricultural use is outside the Urban Areas as defined in the Regional Policy Plan, and is designated and zoned for agricultural use in the Official Plan and Zoning By -law of the Area Municipality and, where applicable, in the Niagara Escarpment Plan; except where the injuring or destruction of trees involves a Sensitive Natural Area in which case a Permit is required pursuant to the provisions of Sections 5 and 6 of this By -law, but no fee shall be required. 5.1 GOOD FORESTRY PRACTICES PERMITS 5.1.a Upon application by an Owner, the Region may issue a Good Forestry Practices Permit to permit the harvesting, injuring or destruction of trees in accordance with Good Forestry Practices provided that: 5.1.a.i a Prescription or Forest Management Plan, identifying accepted silviculture techniques and environmental protection measures where a Sensitive Natural Area is involved, has been authored by a Registered Professional Forester or a member in good standing of the Ontario Professional Foresters Association who is authorized to prepare Prescriptions or Forest Management Plans and the Prescription or Forest Management Plan has been submitted with the application for a Permit as per Section 6; 5.1.a.ii the trees to be cut are marked by a certified Tree Marker in accordance with a Prescription or Forest Management Plan and only such trees are cut; and 5.1.a.iii the injuring or destruction of trees will not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered a Woodland; or provided that: 5.1.a.iv a plan, using Good Forestry Practices and including the identification of the trees to be cut, has been prepared to the satisfaction of the Officer by a certified Tree Marker with previous experience marking trees in Niagara Region and the plan has been submitted with the application for a Permit as per Section 6; 5.1.a.v the trees to be cut are marked by a certified Tree Marker in accordance with the plan under paragraph 5.1.a.iv and only such trees are cut; and Page 10 of 17 Bill 47 5.1.a.vi the injuring or destruction of trees will not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered a Woodland. 5.2 SPECIAL COUNCIL PERMITS 5.2.a Upon application by an Owner, Regional Council may issue a Special Council Permit to permit the injuring or destruction of trees in a Woodland provided that: 5.2.a.i an application for a Special Council Permit, in a form as determined by the Commissioner from time to time, is submitted to the Region at least 90 days prior to the commencement of the proposed harvesting, injury or destruction of trees; 5.2.a.ii the application is accompanied by the applicable fee as set out in Schedule "A"; 5.2.a.iii a public meeting has been held by the Tree and Forest Conservation By -law Advisory Committee in regard to the application for a Special Council Permit as set out in Section 11; and 5.2.a.iv a report on the merits of the application from the Commissioner has been submitted to Regional Council for consideration. 5.2.b At least 20 days prior to the public meeting on the application for a Special Council Permit the Commissioner shall send, by regular mail or by personal delivery, written notice of the public hearing to all assessed owners of each parcel of land that abuts the applicant's Woodlands for which a Special Council Permit is being sought and to such other persons as determined by the Commissioner. 5.2.c. The Owner shall, at least 20 days prior to the public meeting, erect and display a public notice sign or signs regarding the Special Council Permit application. The sign(s) shall be located at the entrance to the property on which the. Woodlands are located, in a position that ensures that it is clear and visible to all persons from any public and traveled roadway adjacent to the subject lands. Such notice shall be to the satisfaction of the Commissioner in a form as determined from time to time by the Commissioner. 5.2.d A Special Council Permit may be issued by Regional Council subject to terms or conditions including but not necessarily limited to, an expiry date, the manner and /or restrictions under which the tree injury, destruction or removal activity is to be carried out and other measures such as re- planting of trees. 5.2.e When an application for a Special Council Permit is denied, the Commissioner will give written notice to the applicant by registered mail within ten (10) business days of the decision. Page 11 of 17 Bill 47 6. PERMIT APPLICATION PROCESS 6.1 Every person who intends to injure or destroy trees personally or through another person, where a Permit to do so is required under this By -law, shall first complete and submit an application for a Permit in the form a pproved by the Commissioner from time to time. 6.2 Any person who submits an application under Section 6 shall post and display a copy of the Permit as issued pursuant to this By -law, in the immediate area where the destruction or injury of the trees is to occur, in a position that is clear and visible to all persons. 6.3 Applications for Permits will be processed only if: 6.3.a the appropriate application form, approved by the Commissioner from time to time, has been completed in full, duly signed and submitted to the Commissioner; 6.3.b the requirements that must be submitted with an application have been included; 6.3.c applications are in keeping with the general purpose and intent of this By =law; and 6.3.d except as otherwise stated in this By -law, the prescribed application fee, as set forth in Schedule "A" has been paid in full. 6.4 A Permit application that does not meet the requirements of clauses 6.3.a, 6.3.b and 6.3.c will be returned to the applicant with the prescribed fee within 30 days. 6.5 A Permit may be: 6.5.a issued by the Officer to the Owner for a term of up to one. (1) year from the date of issue and shall not be transferable; 6.5.b renewed one time only by the Officer for one term of up to one (1) year contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Officer who must be satisfied that there are reasonable grounds for the renewal; or 6.5.c renewed by Regional Council for one term of up to one. (1) year for a Special Council Permit under Section 5 of this By -law, after a written request from the Owner for renewal is made to the Officer who shall, through the Tree and Forest Conservation By -law Advisory Committee and Commissioner, report to Regional Council on the merits of the renewal. 6.6 An Officer may impose conditions to a Permit that relate to, but which are not restricted to: 6.6.a the manner and timing in which harvesting, injury or destruction is to occur; Page 12 of 17 Bill 47 6.6.b the species, size, number and location of trees to be injured or destroyed or to be planted; 6.6.c the marking of trees to be cut with paint; 6.6.d the qualifications of persons authorized to injure or destroy trees; 6.6.e the submission of additional information required. before the Permit becomes effective; 6.6.f measures to be implemented to mitigate the direct and indirect effects of the injuring or destruction on Sensitive Natural Areas; and 6.6.g a follow -up fuelwood (firewood) harvest. 6.7 When denying a Permit, the Commissioner will notify the applicant in writing by registered mail. 7. APPEALS TO THE ONTARIO MUNICIPAL BOARD 7.1 An applicant for a Permit under Section 6 may appeal to the Ontario Municipal Board if: 7.1,a the Region refuses to issue a Permit, within 30 days after the refusal; 7.1.b the Region fails to make a decision on the application, within 45 days after a complete application is received by the Region; or 7.1.c the applicant objects to a condition in the Permit,. within 30 days after the issuance of the Permit. 8. ORDERS TO DISCONTINUE ACTIVITY 8.1 Where an Officer is satisfied that a contravention of this By -law has occurred, the Officer may make an Order requiring the person who contravened the By- law or who caused or permitted the injuring or destruction of trees in contravention of the By-law .to stop the injuring or destruction of trees. The order shall set out: 8.1.a the municipal address or the legal description of the land; 8.1.b reasonable particulars of the contravention; and 8.1.c the period within which there must be compliance with the order. 8.2 An Order issued under this section may be served personally or by registered mail to the last known address of: 8.2.a the Owner of the Woodland; and 8.2.b the person identified as injuring or destroying trees. 8.3 Where service of an Order is made by registered mail, service shall be deemed to have been served on the fifth day after the order is mailed. 8.4 Where service cannot be carried out under subsection 8.2, it is deemed sufficient if the Officer places a placard containing the terms of the Order in a conspicuous place on the affected lands. The placing of the placard shall be deemed to be sufficient service of the Order on the person to whom the Order is directed. The placard shall not be removed without the approval of the Officer. Page 13 of 17 Bill 47 8.5 If the person to whom the Order is directed is not satisfied with the terms of the Order, the person may appeal to Regional Council by filing a notice of appeal by personal service or registered mail to the Regional Clerk within 30 days of the date of the Order. 8.6 Where an appeal has been filed, Regional Council shall, at a public hearing, consider the appeal and a report from the Commissioner concerning the appeal. 8.7 Before conducting a hearing under this section, the Clerk shall give notice to the applicant and to such persons as the Clerk considers should receive notice and in the manner directed by the Clerk. 8.8 After hearing an appeal, Regional Council may confirm or revoke any Order issued under this By -law or may issue a Permit with conditions, provided that in the opinion of Regional Council, the general intent and purpose of this By- law has been maintained. 8.9 The proceedings at the hearing held by Regional Council shall be in accordance with the provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended. The decision of Regional Council under this section shall be final. 9. PENALTY 9.1 Any person who contravenes any provision of this By -law, or" an Order issued under section 8 is guilty of an offence and is liable: 9.1.a on first conviction, to a fine of not more than $10,000 or $1,000 per tree, whichever is greater; and 9.1.b on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per tree, whichever is greater. 9.2 Despite subsection 9.1, where the person convicted is a corporation: 92.a the maximum fines in clause 9.1.a are $50,000 or $5,000 per tree; and 9.2.b the maximum fines in clause 9.1.b are $100,000 or $10,000 per tree. 9.3 If a person is convicted of an offence for contravening this By -law or an Order issued under section 8, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re- establish the trees. 10. ENFORCEMENT 10.1 Regional Council may appoint from time to time by resolution, persons it deems qualified and necessary to act as Officers to administer and enforce the Page 14 of 17 Bill 47 provisions of this By -law and Regional Council hereby delegates to such Officers the authority to enforce this By -law, to issue Permits under this By -law and to impose conditions to such Permits. 10.2 An Officer, appointed by resolution of Regional Council, or any person authorized by an Officer, may at all reasonable times enter upon and inspect any land and Woodland for the purposes of enforcing this By -law, determining compliance with this By -law, determining compliance with terms and conditions of a Permit issued under this By -law, determining compliance with an Order issued under Section 8 of this By -law or laying charges under this By -law. 10.3 Any person who obstructs or interferes with an Officer, or any person or agent authorized by an Officer, in the discharge of his or her duties under_ this By -law, shall be considered in violation of this By -law. 11. TREE AND FOREST CONSERVATION BY -LAW ADVISORY COMMITTEE 11.1 Regional Council shall appoint a Tree and Forest Conservation By -Law Advisory Committee, which shall be a technical advisory committee of Regional Council reporting through the Planning and Public Works Committee comprised of one non elected representative of each of the Area Municipalities, one representative from Regional staff, one representative of the Niagara North Federation of Agriculture and one representative of the Niagara South Federation of Agriculture, two non elected representatives of the Regional Ecological and Environmental Advisory Committee, two non elected representatives from the Regional Agricultural Sub Committee, one representative from the Ministry of Natural Resources and one representative from the Niagara Woodlot Association. 11.2 The Tree and Forest Conservation By -Law Advisory Committee shall: 11.2.a prepare and distribute public information about the benefits of good forestry practice and the provisions of this By -Law; 11.2.b review and give consideration to any reports from the Officer on possible contraventions of this By -law and provide advice as to any action by the Officer; 11.2.c consider applications for Special Council Permits submitted under subsection 5.2 of this By -Law and shall: review each application for a Special Council Permit; 11.2.c.ii consider any reports from the Officer respecting such application for a Special Council Permit; 11.2.c.iii hold a public meeting and hear in person, or by counsel or agent, at the public meeting, the applicant and any person who claims that the person's land will be prejudicially affected by granting a Special Council Permit; and 11.2.c.iv report to Regional Council summarizing the evidence and arguments presented by the parties at the public meeting, the findings of fact made by the Committee and the Page 15 of 17 Bi!47 H sect May 25 2006 recommendations, if any, of the Committee with reasons on the merits of the application; 11.2.d review any reports from the Officer conceming the renewal of a Permit issued under Sections 5 and 6 and advise Regional Council on such renewal; 11.2.e advise Regional Council on other aspects of the administration and enforcement of this By -Law and on the effectiveness of this By -Law; 11.2.f submit reports to Regional Council which shall include a review of the administration and enforcement of the By -Law; and 11.2.g appoint from among its members a Chair of the Committee for a period of up to three (3) years. F ADMINISTRATION I Schedule "A" shall form part of this By -law. If any section or part of this By -law is found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or part shall be deemed to be severable and all other sections or parts of this By -law shall be deemed to be separate and independent therefrom and i;o be enacted as such. The short title of this By -law is the `Tree and Forest Conservation By -law By -law 8541 -96 of the Regional Municipality of Niagara and all amendments thereto, are hereby repealed. Despite subsection 12.4, By -law 8541 -96, as amended, shall continue to apply to: 12.5.a proceedings in respect of offences that occurred before its repeal; and I :5.b Notice of Intent submissions in compliance with By -law 8541 -96, which were made prior to its repeal. This By -law shall come into force and effect on. May 25, 2006. THE REGIONAL M ICIPALITY OF NIAGARA (Peter- Partington,. 'Regional .Chair) Page 16of17 (Para Gilroy, Regional Ole Bill 47 REGIONAL MUNICIPALITY OF NIAGARA TREE AND FOREST CONSERVATION BY -LAW No. 47 -2006 SCHEDULE A FEES Application for a Good Forestry Practices Permit $0.00 Application for a Special Council Permit $500.00 Page 17 of 17 Our turn 2 Chronicles 7:14 A Call to Prayer for Niagara Falls "if my people, who are called by my name, will humble themselves and pray and seek my face and tum from their wicked ways, then will t hear from heaven and will forgive their sin and will heal their land." 2 Chron. 7 :14 To: Mayor Ted Salci and City Council of Niagara Falls From: Niagara Falls Ministerial Fellowship June 8, 2006 The Niagara Falls Ministerial Fellowship, by invitation of the Mayor, are hosting a Week of Prayer for the city of Niagara Falls, September 24 to October 1, 2006. Everyone in Niagara Falls is invited to participate. Our purpose as a fellowship of pastors and churches has been to pray for the seven sectors that make up the fabric of our city and society. We have prayed for 1) the political sector, 2) the legal and law, 3) businesses of Niagara Falls, 4) healthcare, emergency workers and care givers, 5) entertainment, 6) education system, 7) the church. For a number of years we have met in council chambers monthly to pray that these seven sectors and those involved in them will have protection, provision and productivity as they serve our city. Further, our purpose has been to pray for our city so that our city would experience a blessing from God. While we can work hard to build a good strong prosperous city, we believe that it is only through God's blessing that a city is ultimately blessed. We pray that God would forgive the sins of our city. We are confident that when we turn to God and call upon Him, He intervenes on our behalf bringing healing where healing is needed, restoring where restoration is needed, and bringing life to our city where life has been lost. We will invite the residents of Niagara Falls to visit one of the host churches during the "Week of Prayer" where collectively prayers will be offered up on behalf of our city. Each day we are calling Niagara Falls to visit a designated host church in offering prayers to God for our city, then on the final Sunday to meet at Kingston College for a City Wide Prayer Initiative. We are requesting the endorsement of the city council as we plan for this week of prayer, asking that you would declare the last week of September (Sept. 24 to Oct. 1) a Week of Prayer for the City of Niagara Falls. This initiative is being planned and sponsored by the Niagara Falls Ministerial Fellowship. Week of Prayer organizing team: Rev. Dale Hiebert, Niagara Christian Life Assembly Rev. Herm Plett, Mountain Park Church Rev. John Fraser, Fallsview Brethren in Christ Church Rev. Dave Spadzinski, Lighthouse Church of God, Chippawa Rev. Martin Goode, Grace Gospel Church Friday, June 16, 2006 3:33 PM Mr. Dean Iorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 June 16, 2006 Dear Dean: The Fallsview BIA has finalized the budget for tht year 2006. We have set our budget at $500,000. Please submit this to City Council for approval. As was done last year the funds can be issued to t Thank you for your assistance in this matter. Sincerely, owell strator Fallsview BIA (905)358 -5891 p.01 LALLSVI€IIJ TOORI T AIEA N!flG. FILLS CLERKS'06 %16 15135 e association as we have a bank account in place. 5400 Robinson Street 2nd floor Nbgara falls, Ontario Canada l2G 2A6 Tel: 905.358.7999 fax: 905.358.9974 www.falliiewbia.com Friday, June 16, 2006 3:33 PM Mr. Dean Iorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 June 16, 2006 Dear Dean: Thank you for your assistance in this matter. owell Administrator Fallsview BIA (905)358-5891 c o4TIR *WALK Of FAME The Victoria-Centre BIA has finalized the budge for the year 2006. We have set our budget at $250,000. Please submit this to City Council for approval. As was done last year the funds can be issued to the association as we have a bank account in place. p.02 P. 0. Box 841, Niagarif Falls, Ontario L2E 61 tel: 905-358-7132 fax: 905-358-5891 Proposed Budget 2006 c/o All Tax Bookkeeping 6081 Main Street, Niagara Falls, L2G 6A1 Advertising and Promotion 2,000.00 Staff Wages Beautification and Revitalization 36,850.00 Insurance 2,000.00 Storage/Rent 1,200.00 Office Expenses 2,000.00 Meeting Expenses 1,200.00 Hydro 1,000.00 Accounting Fees 1,000.00 Total 47,250.00 Beautification and Revitalization Includes: Landscape Architecture 5,000.00 Market Square Revitalization 5,000.00 CI P 15,000.00 Flower Baskets etc. 5,000.00 Miscellaneous 6,850.00 36,850.00 At1110 Association of Municipalities of Ontario May 25, 2006 Mayor Salci City of Niagara Falls Box 1023, 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Mayor Salci, I am writing to update you on recent developments related to federal transit funding for Ontario's municipalities. As you may recall, the Agreement in Principle signed by Canada, Ontario, AMO and the City of Toronto in June 2005, provides for $310 million for transit capital funding for Ontario municipalities in 2005/06 and 2006/07 based on transit ridership. Funding for 2005/06 was recently disbursed to AMO and the City of Toronto under an agreement that covers the first year of funding and under the authority of Bill C -66. AMO is currently developing a Municipal Funding Agreement for these funds that, once fully executed by a Council, will allow AMO to flow funds to eligible municipal governments as soon as possible. The agreement will be finalized and forwarded to you in the coming weeks. Based on 2004 transit ridership data, City of Niagara Falls will receive federal transit capital funding for the period 2005/06 (year 1) in the amount of $264,496.00. Funding for 2006/07 was announced in the recent federal Budget, along with additional transit capital funding for 2007/08 and 2008/09. Statements in the federal Budget indicate that ridership -based transit capital funding for Ontario's municipalities will be increased from $310 million over two years to $506 million over fouryears, subject to the confirmation of Budget surpluses. This is very good news for municipalities in Ontario providing public transit services. This additional funding will contribute significantly to the federal government's goals of reduced gridlock and reduced emissions. AMO is seeking additional clarification from the federal government on details of 2006/07, 2007/08 and 2008/09 transit funding with a view to ensuring that all reporting and accountability requirements for all of the federal transit funding can be captured in the Municipal Funding Agreement that is currently being developed. We will keep you informed of our progress. We look forward to working with you to ensure that funding flows to your municipality as quickly as possible. If you have any questions, please do not hesitate to contact Judy Dezell, Project Manager at (416) 971 -9856, ext 306. Yours truly, Roger. Anderson 393 University Ave., Suite 1701 Toronto ON M5G 1 E6 Canada 1 E -mail: amo @amo.on.ca l www.amo.on.ca Tel: (416) 971 -9856 1 Fax: (416) 971 -6191 l ToJI -free in Ontario:1- 877 426 -6527 tll Association of i Municipalities of Ontario June 16, 2006 Mayor Ted Salci City of Niagara Falls Box 1.023, 4310 Queen St. Niagara Falls, ON L2E 6X51 Dear Mayor Salci am writing to follow up on my letter of May 25, 2006 with respect to federal transit funding for Ontario's municipalities. As I indicated at the time, funding for 2005/06 was recently disbursed to AMO under an agreement that covers the first year of funding and under the authority of Bill C -66. AMO is pleased to be administering this fund in Ontario to ensure municipalities enjoy the benefits of this revenue as soon as possible. Please find enclosed two (2) copies of Federal Public Transit Funds Municipal Funding Agreement as well as a Guide to the Municipal Funding Agreement. As soon as AMO receives both copies of the executed Municipal Funding Agreement and the municipal by -law authorizing the signatures the money will be sent out. AMO continues to work with the federal and provincial governments with respect to the funding for 2006/07 announced in the recent federal Budget, along with additional transit capital funding for 2007/08 and 2008/09. Ridership -based transit capital funding for Ontario's municipalities will be increased from $310 million over two years to $506 million over four years, subject to the confirmation of Budget surpluses. This is very good news for municipalities in Ontario providing public transit services. This additional funding will contribute significantly to the federal government's goals of reduced gridlock and reduced emissions. We will keep you informed of our progress. Should you have any questions please contact Judy Dezell, Project Manager at (416) 971 -9856 ext. 306. Yours truly, Enclosures Roger Anderson President 393 University Ave., Suite 1701 Toronto ON M5G 1E6 Canada 1E-mail: amo @amo.on.ca www.amo.on.ca Tel: (416) 971 -9856 1 Fax: (41.6) 971 -6191 Toll -free in Ontario:1- 877 426 -6527 The City of Niagara Falls Canada Members: Reserve Funds Corporate Services Department F- 2006 -40 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 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario July 10, 2006 Re: F- 2006 -40 Annual Investments Report for 2005 RECOMMENDATION: For the information of City Council. BACKGROUND: Kenneth E. Burden Director Annually, Staff provides financial information for the previous year's performance concerning the investment of the City's Reserve Funds and Trust Funds. Scotia Cassels is engaged by the City to manage the two investment accounts respective to the two funds. On January 1, 2005, the opening balance in this investment account was $16,236,272. In accordance with the City's investment policy, the funds were invested in Government treasurybills, Government and Canadian Corporate issues ofbonds, bankers' acceptance, term deposits and similar investments. During 2005, the investment income was $678,223. Management fees of $52,434 were paid to Scotia Cassels for their services. As at December 31, 2005, the closing balance in this investment account was $16,862,061. The annualized rate of return for 2005 was 4.18 Trust Funds On January 1, 2005, the opening balance in this investment account was $2,019,174. In accordance with the City's investment policy, the funds were invested in Government treasurybills, Government and Canadian Corporate issues ofbonds, bankers' acceptance, term deposits and similar investments. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 10, 2006 2 F- 2006 -40 During 2005, the investment income was $156,502. Management fees of $6,776 were paid to Scotia Cassels for their services. As at December 31, 2005, the closing balance in this investment account was $2,168,899. The annualized rate of return for 2005 was 7.75 More information, such as the investment portfolio report or the City's investment policy, is available for inspection in the Finance Division Office. Recommended by: '`spectfully submitted: K. E. Burden ohn MacDonald Director of Finance Chief Administrative Officer Approved by: c1V T. Ravenda Executive Director of Corporate Services The City of Niagara Fall Canada Members: Approved by: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Recommended by: K. E. Burden Director of Finance Corporate Services Department F- 2006 -41 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 Re: F- 2006 -37 Municipal Accounts -T. Raven Executive Director of Corporate Services July 10, 2006 That Council approve the municipal accounts totaling 20,836,754.69 for the period May 31, 2006, to June 27, 2006. The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Kenneth E. Burden Director CITY OF NIAGARA FALLS VIUNICIPAL ACCOUNTS Vendor Name 1019536 ONTARIO INC 1083246 ONTARIO LIMITED 1083278 ONTARIO LIMITED 1162695 ONTARIO LIMITED 1174757 ONTARIO INC 1184485 ONTARIO INC 1238838 ONTARIO LIMITED 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1254225 ONTARIO INC 1405221 ONTARIO LIMITED DBA D D TRUCKING C( 1405221 ONTARIO LIMITED DBA D D TRUCKING C( 1405221 ONTARIO LIMITED DBA D D TRUCKING CC 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 1492357 ONTARIO LIMITED 151702 CANADA INC 1526990 ONTARIO LIMITED 1623565 ONTARIO LIMITED C/O AUBREY ZIDENBERG 2 GUY'S GLASS INC 2017913 ONTARIO LIMITED 396101 ONTARIO LIMITED 488745 ONTARIO LIMITED 5-0 TAXI INC 547554 ONTARIO LIMITED 550857 ONTARIO LTD 603755 ONTARIO INC 656508 ONTARIO LIMITED 705336 ONTARIO LIMITED 730854 ONTARIO LIMITED 788894 ONTARIO LIMITED 816027 ONTARIO LIMITED 942268 ONTARIO LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 984265 ONTARIO LTD aka CIRCLE P PAVING A L G SAFETY AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,LOUIE AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC AKALU,KAREN ALDOR BUILDERS LTD ALDOR BUILDERS LTD ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL GREEN IRRIGATION ALL PRO RENTALS ALL STAR FIRE PROTECTION SERVICES INC ALLEN TREE SERVICE ALLEN TREE SERVICE ALLIED MEDICAL INSTRUMENTS ANGER,RONALD ANNEX PUBLISHING BOOK DIVISION AMC! Mef oirueon Cheque No. Cheque Date Purpose 302071 302072 302073 302399 302074 302075 302076 302077 302078 301917 302079 302400 302401 302080 302081 302082 302083 302402 302084 302085 302086 302403 302087 302088 302089 302090 302091 302092 302093 302094 302095 302579 302156 302408 301919 302580 302096 301920 302097 302404 302098 302099 302405 302581 302406 301921 302407 301922 302100 302102 301924 302104 301923 302101 302103 302105 302582 13- Jun -2006 13-Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun -2006 13-Jun -2006 13- Jun -2006 06- Jun -2006 13-Jun -2006 20- Jun -2006 20- Jun -2006 13-Jun -2006 13-Jun -2006 13-Jun -2006 13-Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun -2006 13-Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun -2006 27-Jun -2006 13-Jun -2006 20- Jun -2006 06-Jun -2006 27-Jun -2006 13-Jun -2006 06-Jun -2006 13-Jun -2006 20- Jun -2006 AP5200 REFUND REFUND REFUND REFUND REFUND REFUND REFUND CONSULTING SERVICES REFUND LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND REFUND MATERIALS REFUND REFUND REFUND REMITTANCE REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS 13-Jun -2006 MATERIALS 13- Jun -2006 MAINTENANCE AND REPAIRS 20- Jun -2006 MAINTENANCE AND REPAIRS 27-Jun -2006 MATERIALS 20- Jun -2006 MATERIALS 06-Jun -2006 CONTRACT SERVICES 20- Jun -2006 CONTRACT SERVICES 06-Jun -2006 CONTRACT SERVICES 13- Jun -2006 CONTRACT SERVICES 13- Jun -2006 MAINTENANCE AND REPAIRS 06-Jun -2006 LEASES AND RENTS 13- Jun -2006 MAINTENANCE AND REPAIRS 06-Jun -2006 CONTRACT SERVICES 13-Jun -2006 CONTRACT SERVICES 13-Jun -2006 MATERIALS 13- Jun -2006 MATERIALS 27- Jun -2006 MATERIALS Page 1 Amount 2,384.42 548.48 3,560.59 3,147.45 6,559.16 16,807.62 2,929.73 8,478.97 103.08 7,147.60 814.00 813.20 307,831.77 2,161.05 211.80 1,868.18 3,157.58 194.06 493.26 3,056.71 1,633.27 357.05 2,523.82 451.86 1,187.49 23,436.47 3,162.09 771.96 7,703.33 366.77 78.11 216.14 97,164.78 287.50 493.35 108.60 26.70 160.50 128.40 117.49 20.00 2,295.77 4,403.85 10.34 64.95 2,407.50 701.71 9,706.01 6,739.98 84.96 581.75 297.27 2,407.50 7,169.00 3,851.49 20.00 769.97 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD AREO -FIRE ARISTIZABAL,SANTIAGO ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF PROFESSIONAL ENGINEERS OF ON AULPH,GARY AVENUE ROOTS AVENUE ROOTS AVENUE ROOTS AVERTEX UTILITY SOLUTIONS INC BAERG,DREW BAGGA,SILKY DR BARCLAY TODD'S BARNSLEY,JOHN BARONE,JOSEPH LOUIS& BARONE, DIANE MARY BARRANCA,ANTONIO& BARRANCA, MARY BARRANCA,MARY BARRY BRYAN ASSOCIATES (1991) LTD BARTRAM,DAVID BARTRAM,DAVID BATEMAN,DOLORES BATEMAN,DOLORES BBP ENTERPRISES BEAMAN,KEN BEAUCHAMP,RANDY THOMAS BEAULIEU,JULIETTE BELL,DONALD BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BELL MOBILITY PAGING BELLEFONTAINE,MARGARET BELLEFONTAINE,MARGARET BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BENISON INVESTMENTS LTD BENITO'S SANDWICHES BENNETT,CATHARINE BETTY'S RESTAURANT BIAMONTE,RALPH BINATIONAL TOURISM ALLIANCE BIRD,LUCETTE BIRDSEY,KIRK BIRMINGHAM,JOHN BIRMINGHAM FIRE CONTROL BISHOP,TOM BLACK MCDONALD LTD BOBOROS,TERRY BODKIN LEASING BOLDT POOLS LTD BOND SCHOOL OF MUSIC BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUCHARD,JAMES 301925 06 -Jun -2006 302583 27- Jun -2006 301926 06- Jun -2006 302409 20- Jun -2006 302107 13- Jun -2006 302108 13 -Jun -2006 302584 27- Jun -2006 301927 06- Jun -2006 302585 27- Jun -2006 302586 27- Jun -2006 302110 13- Jun -2006 302411 20- Jun -2006 302587 27- Jun -2006 302412 20- Jun -2006 302111 13-Jun -2006 302413 20- Jun -2006 302588 27- Jun -2006 302414 20-Jun -2006 302589 27- Jun -2006 302415 20- Jun -2006 302112 13- Jun -2006 301928 06- Jun -2006 302113 13- Jun -2006 302590 27- Jun -2006 301929 06-Jun -2006 302114 13-Jun -2006 302591 27- Jun -2006 302416 20- Jun -2006 302592 27- Jun -2006 302116 13-Jun -2006 302419 20- Jun -2006 301930 06-Jun -2006 302117 13-Jun -2006 302418 20-Jun -2006 302119 13- Jun -2006 301932 06-Jun -2006 301931 06-Jun -2006 302118 13- Jun -2006 302420 20-Jun -2006 302120 13- Jun -2006 302121 13-Jun -2006 302122 13- Jun -2006 301933 06- Jun -2006 301934 06-Jun -2006 302124 13- Jun -2006 302125 13-Jun -2006 302126 13-Jun -2006 302594 27- Jun -2006 302595 27- Jun -2006 302596 27- Jun -2006 302127 13- Jun -2006 302128 13- Jun -2006 301935 06- Jun -2006 302129 13-Jun -2006 302421 20- Jun -2006 302130 13-Jun -2006 302597 27- Jun -2006 302131 13-JI In-9nm AP5200 Cheque No. Cheque Date Purpose ADMINISTRATIVE SUPPLIES MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS CONSULTING SERVICES ADMINISTRATIVE REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES REMITTANCE MATERIALS SUPPLIES MATERIALS REFUND REFUND REFUND CONSULTING SERVICES ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS REMITTANCE ADMINISTRATIVE REMITTANCE MATERIALS REFUND UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ADMINISTRATIVE MATERIALS EQUIPMENT REFUND MATERIALS MATERIALS MATERIALS REFUND REMITTANCE MATERIALS MATERIALS REMITTANCE MATERIALS REMITTANCE MATERIALS MATERIALS LEASES AND RENTS REFUND REMITTANCE CONSULTING SERVICES CONSULTING SERVICES KAATFRIAI Page 2 Amount 27.00 125.91 4,725.91 189.16 376.21 500.00 247.71 13,546.04 353.10 1,200.00 7,108.87 157.29 21,781.67 1,444.50 333.33 874.92 175.41 104.08 269.67 1,894.80 795.57 97,616.58 41.36 40.00 126.00 20.00 1,894.00 104.83 150.00 20.00 750.00 115.00 169.41 8,609.95 961.04 41.30 60.00 20.00 15,059.25 3,630.52 250.00 20.00 300.00 677.12 200.00 20.00 20.00 350.00 609.37 1,950.00 738.25 20.00 445.33 750.00 75.00 24,272.84 16,081.45 ;ITY OF NIAGARA FALLS IAUNICIPAL ACCOUNTS Vendor Name BOYLE,MARGARET BOYLE,WILLARD& BOYLE, STARR BOYS GIRLS CLUB OF NIAGARA BRIANT,ROBERT BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCKWAY PLAZA INC BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BRZOZOWSKI,ANDREW BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BURKE,ALICE BURKE,PATRICK BURKE,PATRICK BURSE,PAMELA BUSINESS EDUCATION COUNCIL OF NIAGARA BUTLER,DAVID C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CAJA,SANDY CAMPIGOTTO,AARON CAN AM INSTRUMENTS LTD CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN FALLEN FIREFIGHTERS FOUNDATION CANADIAN LEAK DETECTION CANADIAN LEAK DETECTION CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY CANADIAN NIAGARA HOTELS INC CANADIAN PACIFIC RAILWAY CO CANAL,DANIEL CANALI,KAREN CANNON,MARIE CANTEC SECURITY SERVICES CARRICK,MARZENNA CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CAST CREW ENTERTAINMENT SERVICES INC CAVALIERE,ROCCO CCS TRANSPORTATION SAFETY CENTRE COURT CAFE CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CERTIFIED MANAGEMENT ACCOUNTANTS OF ONTAR CH2M HILL CANADA LTD CHAMPION INDUSTRIAL EQUIPMENT CHANG,GUSTAVO& CHANG, CHUK CHARETTE,RHEAL CHARI FS .I[lNFR wnI l TRIAI 1 Tn Cheque No. Cheque Date Purpose 301936 302598 302422 302132 302599 301937 302133 302423 302134 302135 302070 302136 301938 302137 302424 302600 302138 301939 301940 302139 301941 302140 302612 301958 302618 302601 301942 301944 302603 302141 302142 301945 302425 302604 302143 301946 302145 301943 302602 302144 302605 301947 302147 302426 302427 302148 302607 301948 302429 302608 302149 302609 301949 301950 301951 302150 302151 onn4en 06- Jun -2006 27-Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 06-Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13-Jun -2006 12- Jun -2006 13-Jun -2006 06-Jun -2006 13-Jun -2006 20- Jun -2006 27- Jun -2006 13-Jun -2006 06- Jun -2006 06-Jun -2006 13- Jun -2006 06-Jun -2006 13- Jun -2006 27- Jun -2006 06-Jun -2006 27- Jun -2006 27- Jun -2006 06-Jun -2006 06-Jun -2006 27- Jun -2006 13-Jun -2006 13-Jun -2006 06-Jun -2006 20- Jun -2006 27- Jun -2006 13-Jun -2006 06- Jun -2006 13-Jun -2006 06- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 06-Jun -2006 13-Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 06-Jun -2006 20- Jun -2006 27- Jun -2006 13-Jun -2006 27- Jun -2006 06-Jun -2006 06-Jun -2006 06- Jun -2006 13- Jun -2006 13-Jun -2006 4 n nnn AP5200 ADMINISTRATIVE REFUND GRANT MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES REMITTANCE ADMINISTRATIVE SUPPLIES SUPPLIES SUPPLIES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES LEASES AND RENTS MATERIALS REMITTANCE ADMINISTRATIVE CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS LEASES AND RENTS REMITTANCE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES MATERIALS REFUND MATERIALS uwrrn, w Page 3 Amount 372.64 205.31 17,500.00 20.00 827.63 349.97 246.33 165.54 6,688.08 3,562.23 116,783.00 500.00 876.28 159.92 1,048.22 1,464.28 20.00 465.13 152.36 20.00 175.00 20.00 568.44 2,983.70 6,690.71 200.00 167.37 30,886.70 424.94 774.41 210.79 481.50 481.50 3,082.72 942.43 1,020.00 910.33 360.13 171.67 20.00 1,399.36 194.12 128.67 143.65 746.35 15,315.78 750.00 288.90 403.50 393.20 2,303.02 2,303.02 1,438.08 30,858.74 224.11 5,243.24 20.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHAYKA,JOHN CHEN,KUO SU CHU,KWOK YIU CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CNM INC CODE 4 FIRE RESCUE INC CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLT,STUART COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERN INC CONTOUR ARCHITECTURAL COATINGS INC COOK,CINDY CORSINI,GUY CORSO,JOE COSTANTINO,STEPHANIA COSTELLO,BRIAN COTTON INC COTTON INC COYLE CREEK FARMS CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD SMITH SWALLOW CROMBIE LEASEHOLDS LTD CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPOLO,SAMUEL ESTATE OF CURE FOUNDATION CURTIS GAIL DEVEL CORP CYGNAL TECHNOLOGIES CORP T46181 CYTEC CANADA INC DALKE,DORIS DANNEL COACH LINES LTD DANYAAL ENTERPRISES LTD DAVEY TREE EXPERT CO DAVID SCHRAM ASSOCIATES DAVIS COMPANY LLP DAWDY,LLOYD DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DELL CANADA INC AP5200 Cheque No. Cheque Date Purpose 302430 20- Jun -2006 MATERIALS 302610 27- Jun -2006 MATERIALS 302153 13- Jun -2006 REMITTANCE 302154 13- Jun -2006 REFUND 302155 13- Jun -2006 REFUND 302157 13- Jun -2006 LEASES AND RENTS 302431 20- Jun -2006 LEASES AND RENTS 302158 13 -Jun -2006 LEASES AND RENTS 301952 06- Jun -2006 ADMINISTRATIVE 301953 06- Jun -2006 MATERIALS 302159 13- Jun -2006 MATERIALS 302432 20- Jun -2006 REMITTANCE 302611 27- Jun -2006 REMITTANCE 302161 13- Jun -2006 REFUND 302434 20- Jun -2006 MATERIALS 302613 27- Jun -2006 MATERIALS 301954 06-Jun -2006 MATERIALS 302162 13- Jun -2006 UTILITIES 302435 20-Jun -2006 UTILITIES 302614 27- Jun -2006 UTILITIES 302615 27- Jun -2006 REMITTANCE 301955 06-Jun -2006 CONTRACT SERVICES 302163 13- Jun -2006 CONTRACT SERVICES 302436 20- Jun -2006 CONTRACT SERVICES 302164 13-Jun -2006 MAINTENANCE AND REPAIRS 302437 20- Jun -2006 MAINTENANCE AND REPAIRS 302616 27- Jun -2006 REMITTANCE 301956 06- Jun -2006 ADMINISTRATIVE 302165 13-Jun -2006 REFUND 302438 20-Jun -2006 REMITTANCE 302166 13- Jun -2006 ADMINISTRATIVE 302167 13-Jun -2006 MATERIALS 302439 20-Jun -2006 MATERIALS 302440 20-Jun -2006 MATERIALS 301957 06-Jun -2006 ADMINISTRATIVE 302617 27- Jun -2006 ADMINISTRATIVE 302168 13-Jun -2006 ADMINISTRATIVE 302169 13- Jun -2006 REFUND 301959 06 -Jun -2006 REMITTANCE 302170 13- Jun -2006 REMITTANCE 302441 20-Jun -2006 REMITTANCE 302619 '27- Jun -2006. REMITTANCE 302171 13- Jun -2006 REFUND 301960 06 -Jun -2006 REMITTANCE 302172 13- Jun -2006 REFUND 302442 20- Jun -2006 MATERIALS 302173 13- Jun -2006 REFUND 302174 13-Jun -2006 MATERIALS 302175 13-Jun -2006 REMITTANCE 302176 13- Jun -2006 REFUND 302443 20- Jun -2006 CONTRACT SERVICES 302444 20- Jun -2006 CONSULTING SERVICES 302445 20- Jun -2006 CONSULTING SERVICES 302177 13- Jun -2006 MATERIALS 302447 20-Jun -2006 CONSULTING SERVICES 302620 27- Jun -2006 CONSULTING SERVICES 301961 06- Jun -2006 MATERIALS 302448 20-Jun -2006 EQUIPMENT Page 4 Amount 439.64 853.84 250.00 2,044.69 387.78 338.90 1,145.70 1,017.75 1,979.60 144,595.84 375.57 27,689.19 6,727.56 3,779.49 1,720.40 1,037.90 133.60 662.83 133.60 106.95 750.00 18,133.21 4,379.10 17,138.73 1,601.32 7,080.52 810.00 429.17 750.00 150.00 187.37 3,638.09 1,915.48 1,775.67 1,881.60 7,377.00 19,902.00 2,251.83 3,608.40 3,641.68 3,610.13 3,604.50 372.21 645.00 2,755.11 2,996.05 18,256.86 20.00 74.90 814.31 826.58 989.75 1,183.00 20.00 6,104.35 14,782.72 11,647.20 41 co A on :ITY OF NIAGARA FALLS IIIUNICIPAL ACCOUNTS Vendor Name DELPHI BANQUET FACILITIES DEURLOO,JOAN DICARLO,ANTHONY DIPIETRO,SAL& TARTAGLIA, CARMEN DIPIETRO,SALVATORE& DIPIETRO, MARY DIRECT IT CANADA INC DISTRICT SCHOOL BOARD OF NIAGARA DOMINION PAVING CO )OUGLAS,DOREEN DOUGLAS,JAMIE DOUGLAS,JAMIE DOWNING,LARRY DREN,KARL DUECK,ALEX DUERKSEN,ANGELA DUFFERIN CONCRETE DUFFERIN CONCRETE DUNN,PATRICIA DUOCOM CANADA DYCHTIAR,PETER E3 LABORATORIES EDIFICE MAGAZINE ELECTROMEGA LTD ELIA,CHRISTINE ELOQUIP LTD ELSAWAF,SOBHI G EMCO LIMITED DISTRIBUTION E MERALD :ABRIDGE ENBRIDGE E NBRIDGE ENBRIDGE ESPINOZA,FERNANDO& ESPINOZA, LAUREL ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD E VERLASTING IMPRESSIONS E VERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS =ALLS AUTO BODY INC =ALLS CONTRACTING INC =ALLS ELECTRIC INC =ALLS WHOLESALE LTD ARMERS MARKETS ONTARIO r.AST,DAVID JOHN FASTENAL CANADA °EDERAL EXPRESS CANADA LTD =ERRS TROPHY ENGRAVING =EREN SIGNS AWNINGS LTD ERRANTE,PRISCILLA =INUCCI,ANGELA G& FINUCCI, VITTORIO =IRE MONITORING OF CANADA INC =IRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRST GENERAL SERVICES NIAGARA FIRST NIAGARA INSURANCE FITNFRR Ft I IIPMFNT RFPAIR 302179 302180 302622 302182 302181 302183 302623 301962 302185 301963 302184 302186 301964 302187 302624 301965 302449 302450 302188 302625 302451 302452 302453 302189 301966 302190 302454 302191 301967 302192 302455 302626 302193 301968 302194 302456 302627 301969 302195 302457 301970 302196 302628 302197 302629 302198 302458 302630 301971 301972 302199 302200 302631 302201 302459 302460 302461 nnnnnn 13- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13-Jun -2006 13-Jun -2006 27- Jun -2006 06- Jun -2006 13-Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 13-Jun -2006 27- Jun -2006 06- Jun -2006 20- Jun -2006 20- Jun -2006 13-Jun -2006 27- Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 13-Jun -2006 06-Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 06-Jun -2006 13-Jun -2006 20-Jun -2006 27- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 27-Jun -2006 06-Jun -2006 13- Jun -2006 20- Jun -2006 06- Jun -2006 13-Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 06-Jun -2006 06-Jun -2006 13-Jun -2006 13-Jun -2006 27- Jun -2006 13-Jun -2006 20-Jun -2006 20-Jun -2006 20- Jun -2006 nrirtm AP5200 Cheque No. Cheque Date Purpose MATERIALS MATERIALS REMITTANCE REFUND REFUND CONSULTING SERVICES REMITTANCE CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONSULTING SERVICES MATERIALS EQUIPMENT REMITTANCE MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS UTILITIES UTILITIES UTILITIES UTILITIES REFUND ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS SUPPLIES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS MATERIALS REMITTANCE •ZA I.rru wui+r wu'. n.- r.u Page 5 Amount 2,345.27 20.00 750.00 663.52 851.13 11,106.60 6,960,734.76 1,118.15 20.00 200.24 97.90 20.00 97.49 333.33 126.60 3,138.07 829.44 150.00 1,943.50 300.00 5,070.33 26.75 5,782.20 300.00 368.00 342.16 387.78 187.25 47.08 7,412.17 1,135.39 245.09 2,527.73 102.12 10,914.87 2,799.88 221.00 90.95 267.50 648.42 4,811.98 750.00 2,545.85 482.57 23.85 1,676.98 28.85 21.43 99.36 4,301.40 20.00 866.65 277.72 270.55 350.42 523.96 540.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FLANNIGAN,SHANE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLORIO,MIRELLA FLOWERS,JOANNE FLYNN CANADA LTD FOREST CITY MODELS PATTERNS LTD FORTUNA,DOMENIC FRANCOTYP POSTALIA CANADA FRANK COSTANTINO CONST LTD FRETZ,LINDA G K SERVICES CANADA INC GALES GAS BARS GALLO,ANTONIO& GALLO, FRANK GALT MACHINE KNIFE SAW GAUDON,RORY GAULD NURSERIES LTD GAULD NURSERIES LTD GE POLYMERSHAPES GERRIE ELECTRIC WHOLESALE LTD GIRHNEY,FRANK GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GNGH FOUNDATION GOLDEN HORSESHOE VENTURES INC GOULD,DOROTHY GOVERNMENT POLICY RESEARCH GROUP INC GRAFTON UTILITY SUPPLY LTD GRAFTON UTILITY SUPPLY LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREENLAWN GREENLAWN GREG MILLER RESTORATION LIMITED GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIEF BROS CAN INC GRIFFITHS,DAVID GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HAMILTON,STEPHEN HARD ROCK CONST INC HARPER DETROIT DIESEL ALLISON AP5200 Cheque No. Cheque Date Purpose 302632 27- Jun -2006 REMITTANCE 301973 06- Jun -2006 MATERIALS 302203 13-Jun -2006 MATERIALS 302633 27- Jun -2006 MATERIALS 302204 13-Jun -2006 REFUND 302205 13-Jun -2006 MATERIALS 302634 27- Jun -2006 CONTRACT SERVICES 302206 13- Jun -2006 MATERIALS 302207 13-Jun -2006 REFUND 302462 20- Jun -2006 LEASES AND RENTS 302463 20- Jun -2006 REFUND 302208 13- Jun -2006 MATERIALS 302639 27- Jun -2006 MATERIALS 302209 13- Jun -2006 MATERIALS 302210 13-Jun -2006 REFUND 302635 27- Jun -2006 MAINTENANCE AND REPAIRS 302753 27- Jun -2006 REMITTANCE 301974 06-Jun -2006 MATERIALS 302637 27- Jun -2006 MATERIALS 302638 27- Jun -2006 MATERIALS 301975 06- Jun -2006 MATERIALS 301976 06-Jun -2006 REFUND 301977 06-Jun -2006 MATERIALS 302211 13-Jun -2006 MATERIALS 302464 20-Jun -2006 MATERIALS 302640 27- Jun -2006 MATERIALS 302467 20-Jun -2006 DONATION 302212 13-Jun -2006 REFUND 302213 13- Jun -2006 REFUND 302641 27- Jun -2006 MATERIALS 301978 06-Jun -2006 MATERIALS 302214 13- Jun -2006 MATERIALS 302215 13- Jun -2006 MATERIALS 302465 20-Jun -2006 MATERIALS 302642 27- Jun -2006 MATERIALS 302466 20- Jun -2006 REMITTANCE 302216 13-Jun -2006 CONTRACT SERVICES 302468 20-Jun -2006 CONTRACT SERVICES 302261 13-Jun -2006 REFUND 301979 06- Jun -2006 MATERIALS 302217 13- Jun -2006 MATERIALS 302218 13-Jun -2006 REFUND 302219 13 -Jun -2006 MATERIALS 302643 27- Jun -2006 CONTRACT SERVICES 302220 13- Jun -2006 MATERIALS 302221 13-Jun -2006 MATERIALS 302644 27- Jun -2006 MATERIALS 302222 13-Jun -2006 MATERIALS 302223 13- Jun -2006 ADMINISTRATIVE 302224 13- Jun -2006 MATERIALS 301980 06-Jun -2006 LEASES AND RENTS 302470 20-Jun -2006 LEASES AND RENTS 302645 27- Jun -2006 MATERIALS 302471 20-Jun -2006 MAINTENANCE AND REPAIRS 302225 13- Jun -2006 ADMINISTRATIVE 302646 27- Jun -2006 MATERIALS 302647 27-Jun -2006 MATERIALS 301981 06-Jun -2006 MAINTENANCE AND REPAIRS Page 6 Amount 300.00 471.04 915.24 1,407.12 288.23 20.00 7,179.70 25,921.00 750.00 203.55 9,604.54 20.00 103.19 137.00 660.56 211.60 275.00 1,696.25 12,822.50 5,489.10 760.31 1,184.96 4,493.80 1,209.40 1,369.27 1,488.43 1,000.00 30,819.21 20.00 440.01 153.46 1,768.93 1,180.03 17.94 1,190.92 61.40 267.50 727.07 750.00 4,566.55 581.35 600.19 20.00 17,415.20 1,103.43 414.23 858.96 20.00 20.00 20.00 3,162.50 4,485.00 2,264.06 13.29 59.50 201.52 67,268.70 177C.0 :ITY OF NIAGARA FALLS JIUNICIPAL ACCOUNTS Vendor Name HAWKINS,DONNA HEART NIAGARA INC HEART NIAGARA INC HENLER INVEST LTD BELMER INVESTMENTS LTD HICKS MORLEY HAMILTON STEWART STORIE LLP HIEBERT,JAKE HIEBERT,JAKE HILL BOLES LTD HOCO LIMITED HODAN INVESTMENT CORPORAT HOLMAN,GEOFF HOME ALONE PROPERTY MAN HUMMELL,HAROLD HY GRADE PRECAST CONCRETE ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC ICI CANADA INC IMAGISTICS CANADA INC IMAGISTICS CANADA INC IN2ITIVE GROUP INC ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD J K JOUPPIEN HERITAGE RESOURCE CONSULTANT JACK,DAVID JACKSON,DAVE JACKSON,GILBERT JIMS TRUCKING LTD JIMS TRUCKING LTD JONES,DON JONES,RON JOSE,CHRIS JUDSON,PATRICIA JUST ATHLETICS KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KEIGHAN,MICHAEL KELLY,BRYANNA KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KEN WARDEN CONSTRUCTION LTD KIWANIS CLUB OF STAMFORD INC KRONSTEIN,MARK KRONSTEIN,MARK KUCHYT,TOM L CAMPBELL ASSOCIATES LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LATOPLAST LTD LE CONSEIL SCOLAIRE DE DISTRICT LE CONSEIL SCOLAIRE DE DISTRICT LEITCH,JAMIE LEXISNEXIS OUICKI AW Cheque No. Cheque Date Purpose 302648 302226 302649 302227 302228 302229 302650 302651 302230 302231 301982 302652 301983 302472 301984 302473 302474 302234 302653 302654 302476 302655 302237 301915 302235 302236 301986 302477 302478 302656 302657 302238 302658 301987 302239 302479 302659 302660 302240 302241 302661 302662 302663 301989 302242 301990 302245 301991 302243 302480 302664 302481 302482 302665 302666 302667 302668 ann&en 27- Jun -2006 13-Jun -2006 27- Jun -2006 13- Jun -2006 13-Jun -2006 13-Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 06-Jun -2006 27- Jun -2006 06-Jun -2006 20- Jun -2006 06-Jun -2006 20- Jun -2006 20-Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 31- May -2006 13-Jun -2006 13- Jun -2006 06- Jun -2006 20- Jun -2006 20-Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 06-Jun -2006 13-Jun -2006 20-Jun -2006 27- Jun -2006 27- Jun -2006 13-Jun -2006 13-Jun-2006 27- Jun -2006 27-Jun -2006 27- Jun -2006 06-Jun -2006 13-Jun -2006 06-Jun -2006 13-Jun -2006 06-Jun -2006 13- Jun -2006 20-Jun -2006 27- Jun -2006 20-Jun -2006 20-Jun -2006 27- Jun -2006 27- Jun -2006 27- Jun -2006 27-Jun -2006 07 nnn• AP5200 REMITTANCE MATERIALS GRANT REFUND CONSULTING SERVICES ADMINISTRATIVE REMITTANCE MATERIALS REFUND REFUND ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE Page 7 Amount 100.00 1,400.00 10,000.00 3,202.81 3,823.05 38.82 40.00 36.34 4,889.13 1,167.98 127.02 140.03 219.44 979.80 2,691.00 31.71 346.01 8.56 2,524.31 4,074.79 948.73 149.49 5,457.50 136.79 196.23 20.00 4,205.10 3,852.00 137.81 300.00 59.99 20.00 2,551.07 37.26 291.94 93.14 374.84 91.81 250.00 4,623.17 1,613.30 1,605.00 150.00 108.00 20.00 282.74 5,671.00 981.20 459.28 475.42 484.38 1,660.86 83.95 57.96 118,747.88 243,135.21 1,644.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LINK WIRELESS COMMUNICATION LOWE,BUDDY LUDWIG MULLER LUNDY'S LANE UNITED CHURCH M L SUPPLY FIRE AND SAFETY M. TILBERT J. HINZER C. MCDERMOTT MACISAAC,RODDY& MACISAAC, KIMIKO MAIOLO,DOMENIC MAIOLO,FRANK MAKEPEACE,SHELLEY MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC MARCHESE,VINCENT& MARCHESE, VIOLET MARINE CLEAN LTD MARINE CLEAN LTD MARTENS,TOM MASCARIN,RUDY MASCARIN,RUDY MATRIX INNOVATIONS INC MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE Sl MATTHEWS CAMERON HEYWOOD KERRY T HOWE Si MAVES,DIANE MAVES,DIANE MAZZONE,NICHOLAS& MAZZONE, SHIRLEY MCCABE PROMOTIONAL MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCLEAN KERR LLP MCLEOD,CRAIG MCNAMARA,SUSAN MCNAMARA,SUSAN MCRAE,LEN MCWILLIAM ASSOCIATES MCWOOD STUDIOS MELLEN DISTRIBUTING 1137637 ONTARIO INC METRO PLUMBING HEATING MICHAEL VAN OORSCHOT IN SURANCE AGENCY INC MINERVINIDOMENIC 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 MISS NIAGARA PAGEANT MOBILE COMMUNICATION SERVICES MOBILE VIDEO PRODUCTIONS MODERN CRANE AP5200 Cheque No. Cheque Date Purpose 302484 20- Jun -2006 MATERIALS 302671 27- Jun -2006 ADMINISTRATIVE 301993 06-Jun -2006 MATERIALS 301994 06- Jun -2006 REMITTANCE 302497 20- Jun -2006 MATERIALS 302373 13- Jun -2006 REFUND 302485 20- Jun -2006 REFUND 302673 27- Jun -2006 REFUND 302672 27- Jun -2006 REFUND 302486 20-Jun -2006 ADMINISTRATIVE 301995 06- Jun -2006 CONTRACT SERVICES 302674 27- Jun -2006 MATERIALS 302248 13-Jun -2006 REFUND 301996 06-Jun -2006 CONTRACT SERVICES 302487 20- Jun -2006 CONTRACT SERVICES 302250 13- Jun -2006 MATERIALS 302251 13- Jun -2006 ADMINISTRATIVE 302675 27- Jun -2006 REFUND 302488 20- Jun -2006 CONTRACT SERVICES 301997 06- Jun -2006 ADMINISTRATIVE 301998 06-Jun -2006 CONSULTING SERVICES 302252 13-Jun -2006 CONSULTING SERVICES 301999 06- Jun -2006 ADMINISTRATIVE 302253 13-Jun -2006 MATERIALS 302254 13- Jun -2006 REFUND 302255 13- Jun -2006 MATERIALS 302000 06-Jun -2006 ADMINISTRATIVE 302256 13- Jun -2006 MATERIALS 302001 06-Jun -2006 MATERIALS 302257 13- Jun -2006 MATERIALS 302489 20- Jun -2006 MATERIALS 302676 27- Jun -2006 CONSULTING SERVICES 302002 06-Jun -2006 ADMINISTRATIVE 302003 06-Jun -2006 ADMINISTRATIVE 302258 13- Jun -2006 MATERIALS 302491 20-Jun -2006 ADMINISTRATIVE 302004 06- Jun -2006 CONSULTING SERVICES 302259 13-Jun -2006 MATERIALS 302677 27- Jun -2006 MATERIALS 302678 27-Jun -2006 CONTRACT SERVICES 302260 13-Jun -2006 REFUND 302262 13- Jun -2006 ADMINISTRATIVE 302007 06- Jun -2006 REMITTANCE 302264 13-Jun -2006 REMITTANCE 302493 20- Jun -2006 REMITTANCE 302494 20- Jun -2006 REMITTANCE 302495 20- Jun -2006 REMITTANCE 302496 20- Jun -2006 REMITTANCE 302680 27- Jun -2006 REMITTANCE 302681 27- Jun -2006 REMITTANCE 302006 06-Jun -2006 REMITTANCE 302263 13- Jun -2006 REMITTANCE 302492 20-Jun -2006 REMITTANCE 302679 27- Jun -2006 REMITTANCE 302008 06- Jun -2006 GRANT 302498 20- Jun -2006 LEASES AND RENTS 302009 06-Jun -2006 CONTRACT SERVICES 302682 27-Jun -2006 CONTRACT SERVICES Page 8 Amount 34.49 615.51 1,132.75 150.00 2,106.09 628.13 547.67 1,750.00 150.00 150.00 173.94 2,536.45 1,398.20 6,238.47 4,321.20 20.00 43.47 40.00 50,968.66 70.38 2,649.43 1,765.50 132.00 20.00 675.72 1,016.31 120.00 20.00 106.90 814.75 21.38 10,668.67 94.95 132.00 20.00 60.00 1,198:40 2,222.27 216.31 10,186.24 782.91 194.96 109.23 109.23 886.43 5,208.99 280.19 109.23 109.23 600.00 1,804.76 1,804.76 1,552.08 1,552.08 500.00 2,530.00 56,048.67 17A AR '.ITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MODERN LANDFILL INC MODERN LANDFILL INC MONDRIAN CANADA INC MONTAGUE,ROSE MONTGOMERY,MOE& MONTGOMERY, MIKE MOORE,RON MORABITO,DOMENIC& MORABITO, ADELE MOROCCO,JOHN MORRISSEY,DENYSE MORSE SON LIMITED MORTON,DALE MOSS,HIRRELL MRKALJ,JOVO& MRKALJ, MILIC MUNICIPAL HEALTH SAFETY ASSOCIATION MURAWSKI,CHESTER MUSSARI,TOM NARDANGELI,JOHN NAZZAL ENTERPRISES INC NEPTUNE TECHNOLOGY GROUP (CANADA) LTD NEUDORF,MICHAEL& NEUDORF, RAFFAELA NEWMAN,CAROL NEWMAN,SHELLEY NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA 21 ST GROUP IN NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOL NIAGARA DOOR HARDWARE 1434220 ONTARIO LIMI NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS 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 TAXI NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA HAIR DESIGN NIAGARA MOTORS NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA RIVER CONSTRUCTION LIMITED NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA TRANSIT NIAGARA TRANSPORTATION CENTRE NIA(;ARA I INITFr1 FNTFRDRISCC 1 Tn Cheque No. Cheque Date Purpose 302265 302499 302500 302266 302683 302684 302267 302501 302010 302268 302269 302270 302271 302502 302272 302685 302273 302274 302503 302504 302505 302275 302276 302277 302686 302278 302279 302015 302283 302510 302511 302690 302691 302012 302280 302687 302013 302014 302281 302507 302508 302688 302689 302694 302692 302693 302284 302512 302695 302696 302285 302286 302016 302287 302017 302288 302513 onnnen 13- Jun -2006 20-Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 06-Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 13-Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 27-Jun -2006 13-Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 27- Jun -2006 27- Jun -2006 06-Jun -2006 13-Jun -2006 27- Jun -2006 06-Jun -2006 06-Jun -2006 13-Jun -2006 20- Jun -2006 20-Jun-2006 27-Jun-2006 27-Jun -2006 27-Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 20-Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 06-Jun -2006 13- Jun -2006 06- Jun -2006 13-Jun -2006 20-Jun -2006 AP5200 Page 9 CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE REFUND ADMINISTRATIVE ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS REFUND ADMINISTRATIVE MATERIALS ADMINISTRATIVE REFUND REFUND MATERIALS REFUND REFUND REFUND CONTRACT SERVICES REFUND ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REMITTANCE UTILITIES UTILITIES REMITTANCE UTILITIES REMITTANCE UTILITIES MATERIALS GRANT MATERIALS REFUND EQUIPMENT ADMINISTRATIVE ADMINISTRATIVE UTILITIES REFUND MATERIALS ADMINISTRATIVE GRANT EQUIPMENT ADMINISTRATIVE Amount 1,605.37 915.96 80.94 20.00 326.80 300.00 646.88 127.02 78.91 1,968.92 347.85 20.00 1,056.71 1,284.00 20.00 179.16 750.00 2,652.65 11,282.26 600.00 60.00 750.00 820,733.49 7,133.75 3,553,377.26 180.83 1,184.50 2,184.24 2,188.24 2,168.32 4,346.52 2,168.32 500.00 1,440.00 85.00. 37,711.83 6,946.56 1,253.64 3,305.85 4,284.79 8,494.23 7,032.49 96,792.00 52.70 27,500.00 3,424.01 547.60 21,965.00 1,399.58 429.76 174.99 1,144.65 37.45 717.24 250,000.00 83,672.00 1,089.77 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA WATER CONDITIONING LTD NIAGARA.COM NICHOLLS MARINE LTD NICOLETTA CONSTRUCTION NORJOHN LTD NORJOHN LTD NORSTAN RESORTS INC NORTHERN SPECIALITY SUPPLIES INC NORTHSTAR CONSTRUCTION NORTHSTAR CONSTRUCTION NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIO NUMES,PATRICK O REIT HOLDINGS INC IN TRUST 0 E ENTERPRISE OPS INC OLD ST JOHN'S STAMFORD HERITAGE ASSOCIATION OLDER ADULT CENTRES ASSOCIATION OF ONTARIO OLSEN SOTTILE INSURANCE BROKERS INC OMHRA OMNI MEDIA PRODUCTIONS LIMITED ONTARIO PRESSURE SERVICES INC ONTARIO PRESSURE SERVICES INC ONTARIO WATER PRODUCTS INC PAGENET OF CANADA INC PAGENET OF CANADA INC PAISLEY PRODUCTS OF CANADA INC PALMER,WENDALL PANUCCI,RALPH PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PARQUETTE,CHRIS& PARQUETTE, ELISABETTA PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA CONSTRUCTION INC PENINSULA MAINTENANCE LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PERFORMANCE POLYMERS INC PERKINS,LORIE PERRICELLI,TONy PETRELLA,MARCELLO PHILIPS ENGINEERING PHILIPS ENGINEERING PHILLIPS,GERALD PIERINI,DAVID PIPEFLO CONTRACTING CORPORATION PIRILLO,IDA POPKO,SUSAN POPPA CORN CORP PORTAGE BAKERY LIMITED POTTS,JESSICA POWERTECH ENTERPRISES INC PRATA,GUY PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PRESTIGE PORTABLE TOILETS PRESTIGE PORTABLE TOILETS Cheque No. Cheque Date Purpose 302290 13-Jun -2006 302506 20- Jun -2006 302514 20- Jun -2006 302697 27- Jun -2006 302398 14 -Jun -2006 302698 27- Jun -2006 302291 13- Jun -2006 302018 06- Jun -2006 302019 06- Jun -2006 302699 27- Jun -2006 302700 27-Jun -2006 302701 27 -Jun -2006 302292 13-Jun -2006 302705 27- Jun -2006 302020 06-Jun -2006 302702 27- Jun -2006 302021 06-Jun -2006 302293 13 -Jun -2006 302703 27- Jun -2006 302515 20- Jun -2006 302704 27- Jun -2006 302516 20- Jun -2006 302294 13- Jun -2006 302517 20 -Jun -2006 302295 13- Jun -2006 302518 20- Jun -2006 302706 27- Jun -2006 302296 13-Jun -2006 302519 20- Jun -2006 302022 06-Jun -2006 302299 13-Jun -2006 302300 13-Jun -2006 302707 27-Jun -2006 302520 20- Jun -2006 302298 13-Jun -2006 302297 13-Jun -2006 302521 20-Jun -2006 302301 13-Jun -2006 302023 06-Jun -2006 302302 13-Jun -2006 302024 06- Jun 2006 302303 13 -Jun -2006 302304 13-Jun -2006 302708 27- Jun -2006 302025 06-Jun -2006 302305 13- Jun -2006 302306 13-Jun -2006 302026 06-Jun -2006 302709 27- Jun -2006 302523 20-Jun -2006 302525 20- Jun -2006 302027 06-Jun -2006 302526 20-Jun -2006 302710 27-Jun -2006 302028 06- Jun -2006 302711 27- Jun -2006 302527 20- Jun -2006 302712 27- Jun -2006 AP5200 Page 10 MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES UTILITIES MATERIALS REFUND REFUND REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REMITTANCE MATERIALS MATERIALS MATERIALS REFUND REFUND CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND CONTRACT SERVICES REFUND MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES Amount 69.55 144.94 389.28 250.00 157,839.46 61,004.50 7,645.97 236.90 2,086.50 2,407.50 1,710.00 600.00 10,526.28 752.17 4,007.78 540.00 1,836.00 160.50 1,171.85 642.00 642.00 368.00 431.17 74.75 776.91 400.00 750.00 938.04 750.00 127.24 64.87 128.74 3,415.70 6,639.35 228.98 244.00 5,939.75 20.00 150.00 1,355.96 31,137.52 1,758.58 20.00 750.00 26,062.15 2,130.10 20.00 634.25 500.00 211.84 728.87 31.23 164.40 26.97 17.33 1,966.45 1,751.30 S2a7 ,a CITY OF NIAGARA FALLS VIUNICIPAL ACCOUNTS Vendor Name PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PULICE,GABRIEL PULLIA,RITA PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUALITY RELOCATION SERVICES INC R D CONSTRUCTION (NIAGARA) LTD R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RAG RENTALS LIMITED RAINBOW GREENSHOUSES LTD RANDY LEVINSON ARBITRATION SERVICES LTD RANDY LEVINSON ARBITRATION SERVICES LTD RAVEN,BONNIE RCI CONSULTING RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL OF CANADA RECREATIONAL MINOR HOCKEY ASSOCIATION REGIONAL DOORS HARDWARE REGIONAL SANDBLASTING PAINTING INC RESQTECH SYSTEMS INC REZEL,JESSE RICOH CANADA INC RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED RIVER REALTY DEVELOPMENT (1976) INC RIVER REALTY DEVELOPMENT (1976) INC ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROBBINS,JANE ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC RONA ONTARIO INC RONA ONTARIO INC ROSE,RICK ROSS,JOHN ROTHSAY RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SEI RUDAN EXPORTS IMPORT LTD SABOURIN,LOURIE J SACCO CONSTRUCTION SACCO CONSTRUCTION SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFETY TODAY SAINT GOBAIN CERAMIC MATERIALS CANADA INC SALCI,TED SALVATORE,MATTHEW SC:APIN0.1 VIT(1 Cheque No. Cheque Date Purpose AP5200 Page 11 302713 27- Jun -2006 GRANT 302307 13- Jun -2006 CONTRACT SERVICES 302528 20-Jun -2006 REFUND 302030 06-Jun -2006 REFUND 302031 06-Jun -2006 REMITTANCE 302529 20- Jun -2006 REMITTANCE 302714 27- Jun -2006 REMITTANCE 302032 06- Jun -2006 REMITTANCE 302531 20- Jun -2006 MAINTENANCE AND REPAIRS 302542 20-Jun -2006 MATERIALS 302044 06-Jun -2006 CONSULTING SERVICES 302715 27- Jun -2006 MATERIALS 302308 13- Jun -2006 REFUND 302309 13- Jun -2006 MATERIALS 302033 06 -Jun -2006 CONSULTING SERVICES 302530 20- Jun -2006 CONSULTING SERVICES 302310 13-Jun -2006 MATERIALS 302034 06-Jun -2006 CONSULTING SERVICES 302035 06-Jun -2006 REMITTANCE 302036 06-Jun -2006 REMITTANCE 302311 13-Jun -2006 REMITTANCE 302312 13- Jun -2006 REMITTANCE 302532 20-Jun -2006 REMITTANCE 302533 20- Jun -2006 REMITTANCE 302716 27- Jun -2006 REMITTANCE 302313 13-Jun -2006 REMITTANCE 302717 27- Jun -2006 ADMINISTRATIVE 302719 27- Jun -2006 MATERIALS 302314 13- Jun -2006 MAINTENANCE AND REPAIRS 302538 20- Jun -2006 MATERIALS 302315 13- Jun -2006 ADMINISTRATIVE 302539 20- Jun -2006 MATERIALS 302040 06-Jun -2006 MATERIALS 302540 20-Jun -2006 MATERIALS 302316 13-Jun -2006 REFUND 302541 20-Jun -2006 REFUND 302317 13- Jun -2006 MATERIALS 302720 27-Jun -2006 CONTRACT SERVICES 302318 13-Jun -2006 MATERIALS 302041 06 -Jun- 2006 MATERIALS 302544 -20- Jun -2006 UTILITIES 302042 06 -Jun -2006 MATERIALS 302319 13- Jun -2006 MATERIALS 302722 27- Jun -2006 ADMINISTRATIVE 302320 13- Jun -2006 REFUND 302321 13-Jun -2006 MATERIALS 302322 13-Jun -2006 REFUND 302323 13-Jun -2006 REFUND 302324 13-Jun -2006 REFUND 302545 20- Jun -2006 CONTRACT SERVICES 302546 20-Jun -2006 CONTRACT SERVICES 302723 27- Jun -2006 CONTRACT SERVICES 302045 06- Jun -2006 MATERIALS 302325 13- Jun -2006 MATERIALS 302326 13- Jun -2006 REFUND 302724 27- Jun -2006 ADMINISTRATIVE 302547 20-Jun -2006 ADMINISTRATIVE Amount 21,038.67 707,010.22 750.00 258.67 91.04 224.36 176.86 2,035.65 3,303.60 1,382.50 8,456.99 267.58 1,091.00 508.56 1,440.97 2,869.55 20.00 3,365.62 138.47 193,565.42 191,048.01 138.47 138.47 203,164.34 187,746.93 340.80 1,175.00 301.30 1,610.00 2,624.55 333.33 179.69 129.35 4,919.27 4,391.39 393.00 456.73 740.15 20.00 1,287.69 2,835.20 423.85 1,245.36 150.00 446.30 276.00 54,592.71 3,673.39 20.00 55,564.61 1,885.88 3,798.50 314.66 914.11 5,812.15 1,160.00 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SCARINGI,VITO SCOTIABANK SCOTIABANK SCOTIABANK SCOTT,JOANNE SEICK,WILLIAM SERRAVALLE,LEONARDO& SERRAVALLE, MARCELLA SETON SHAHEEN PEAKER LTD SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHILLINGTON,ALLISON SHRED IT CANADA TORONTO SICO INC SIDOFF,ROBERT SIDOFF CLEANERS AND TAILORS LTD SIGNATURE SIGNS SIMMS,LINDSAY& SIMMS, BERNITA SIMPLEX GRINNELL SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SINGULAR PRODUCTIONS LIMITED SKOTIDAS,NICK SLOETJES,JESSE SNYDER,BILL SORRENTI HOME IMPROVEMENTS SPADAFORA,CARMINE SPEARE SEEDS SPECIALTY COMMERCIAL AND INDUSTRIAL LEASING SPECK INDUSTRIES INC SPENCER,ALAN ST JOHN AMBULANCE ST LOUIS,MARIO ST SAGA HOLDINGS INC STANDARD RADIO INC STAR COLLISION SERVICE STOKES INTERNATIONAL SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREMEX INC SWISH MAINTENANCE LIMITED T C HOLDINGS TAD LIGHTING SERVICES LTD TAD LIGHTING SERVICES LTD TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TAYLOR,ALEX TAYLOR,BARBARA TEICHGRAF,BRIAN TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TESKEY,BERNADETTE Cheque No. Cheque Date Purpose 302328 302329 302725 302726 302330 302331 302332 302727 302046 302047 302333 302548 302334 302549 302048 302336 302335 302049 302728 302337 302338 302050 302339 302550 302340 302342 302552 302553 302345 302346 302347 302730 302731 302351 302353 302348 302350 302352 302732 302554 302555 302354 302355 302733 302359 302054 302556 302356 302557 302357 302358 302360 302361 302055 302362 302558 302363 302364 13-Jun -2006 13-Jun -2006 27- Jun -2006 27- Jun -2006 13-Jun -2006 13- Jun -2006 13-Jun -2006 27- Jun -2006 06-Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 06-Jun -2006 13-Jun -2006 13- Jun -2006 06- Jun -2006 27- Jun -2006 13-Jun -2006 13-Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13-Jun -2006 13- Jun -2006 20-Jun -2006 20-Jun -2006 13- Jun -2006 13-Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 13-Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 13-Jun -2006 27- Jun -2006 13-Jun -2006 06-Jun -2006 20-Jun -2006 13- Jun -2006 20-Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun -2006 13-Jun -2006 06-Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13-Jun -2006 AP5200 Page 12 ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS REFUND MATERIALS CONSULTING SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS REFUND REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND REFUND MATERIALS REFUND MATERIALS ADMINISTRATIVE GRANT MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS EQUIPMENT REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE UTILITIES MATERIALS UTILITIES UTILITIES CONTRACT SERVICES MATERIALS Amount 163.31 3,445.09 181,947.18 48,099.39 20.00 20.00 416.66 372.81 2,301.57 777.05 1,345.75 1,333.16 1,500.00 69.55 198.17 768.30 1,122.77 2,714.90 102.59 149.21 1,575.19 2,263.20 1,139.65 150.00 1,000.00 20.00 890.00 1,035.00 901.31 1,216.00 920.00 400.00 32,500.00 20.00 670.98 695.50 4,573.20 862.26 247,189.58 1,708.17 269.08 102.72 725.11 39,497.90 24,022.85 28,462.00 1,464.83 1,280.89 952.30 20.00 20.00 250.00 3,149.54 814.35 1,187.11 8,942.64 7,418.08 20 nn :ITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE BIRKS COMPANY THE CORPORATION OF TOWN OF OAKVILLE THE DENNIS GROUP THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE GREENFIELD GROUP LTD THE MOST REV DONALD MULLAN THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THOMAS CLAPP,SUE THORNTON,DEBORAH THOROWEST PLAZA LTD THUNDERING WATERS GOLF CLUB TIM HORTONS STORE #30 TORONTO FABRICATING MFG CO TORONTO FABRICATING MFG CO TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TREMBLAY CONSTRUCTION TRI CITY CURB CUTTING INC TVCOGECO TYERS,SUSAN TYNDALL,MARION UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALUE ADDED SYSTEMS INC VALUE ADDED SYSTEMS INC VANCOR SUPPLY VELLEKOOP,JONATHAN VERNON DIRECTORIES VERROCHE,KEVIN VUCKOVIC,NICK VUKSAN,DUSAN& VUKSAN, MAGDICA WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WARNER,BILL WASHINGTON MILLS ELECTRO MINERALS CORP WEIR FOULDS WESCO DISTRIBUTION CANADA INC Cheque No. Cheque Date Purpose 302365 302560 302561 302366 302056 302367 302562 302735 302057 302058 302737 302059 302369 302037 302038 302039 302534 302535 302536 302537 302718 302738 302563 302371 302372 302564 302565 302060 302739 302566 302374 302740 302568 302741 302062 302375 302376 302063 302377 302569_ 302380 302386 301916 302381 302742 302382 302384 302570 302385 302744 302387 302572 302065 302571 302745 302388 302389 zn)na7 13- Jun -2006 20- Jun -2006 20-Jun -2006 13-Jun -2006 06-Jun -2006 13-Jun -2006 20-Jun -2006 27- Jun -2006 06-Jun -2006 06-Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 06- Jun -2006 06-Jun -2006 06-Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 20-Jun -2006 27- Jun -2006 27- Jun -2006 20-Jun -2006 13- Jun -2006 13-Jun -2006 20- Jun -2006 20-Jun -2006 06- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 27- Jun -2006 06 -Jun -2006 13- Jun -2006 13- Jun -2006 06-Jun -2006 13-Jun -2006 20- Jun -2006. 13- Jun -2006 13-Jun -2006 31 -May -2006 13- Jun -2006 27-Jun -2006 13- Jun -2006 13- Jun -2006 20-Jun -2006 13-Jun -2006 27-Jun -2006 13- Jun -2006 20- Jun -2006 06-Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 n� ')nna AP5200 CONSULTING SERVICES MATERIALS REMITTANCE MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MAINTENANCE AND REPAIRS CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS REFUND REFUND ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS EQUIPMENT MATERIALS ADMINISTRATIVE MATERIALS MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND CONSULTING SERVICES RAATL'TIAI 0 Page 13 Amount 28,706.88 29,612.50 1,691.41 518.42 8,763.00 7,728.00 6,890.80 8,347.28 1,733.40 56.34 1,640.10 299.00 565.80 149,181.75 1,324,709.51 3,531.97 323,540.00 139,360.00 2,300.00 13,532.10 1,481,728.37 1,540.80 300.00 750.00 2,905.09 837.81 34.74 6,066.25 736.00 11,149.18 1,487.30 3,959.00 1,500.00 574.44 34.50 20.00 20.00 136.34 306.42 1,232.00 877.40 21,667.53 43,116.29 5,468.25 9,919.90 2,744.56 1,000.00 166.46 20.00 750.00 1,401.50 185.89 4,019.10 3,454.22 500.00 2,569.57 4,112.55 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WHALEN,RICHARD WHEELER,SUE WHELAN,FAITH WINGER,TERRI WINGER,TERRI WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WYLIE,BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES Cheque No. Cheque Date Purpose 302390 13- Jun -2006 302746 27- Jun -2006 302391 13-Jun -2006 302392 13 -Jun -2006 302573 20-Jun -2006 302393 13- Jun -2006 302747 27- Jun -2006 302748 27- Jun -2006 302394 13-Jun -2006 302574 20- Jun -2006 302749 27- Jun -2006 302068 06-Jun -2006 302750 27- Jun -2006 302069 06-Jun -2006 302395 13-Jun -2006 302751 27- Jun -2006 302396 13-Jun -2006 302575 20- Jun -2006 302397 13-Jun -2006 302576 20- Jun -2006 302577 20-Jun -2006 302578 20-Jun -2006 302752 27- Jun -2006 AP5200 Page 14 MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE GRANT CONTRACT SERVICES CONTRACT SERVICES GRANT MATERIALS MATERIALS REMITTANCE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS REMITTANCE. CONTRACT SERVICES MATERIALS GRANT Amount 5,749.63 1,040.53 20.00 26.59 84.60 65.00 65.00 31,666.68 5,646.51 11,293.02 2,083.33 38,767.26 34,146.33 250.00 9,459.32 604.61 529.86 318.86 27.23 1,292.69 2,308.68 1,586.26 5,181.83 Total: 20,836,754.69 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: No Parking Restrictions 1. Community Services Department MW- 2006 -76 Municipal 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 July 10, 2006 Members: RE: MW- 2006 -76 Update to By -law 89 -2000 2005 2006 Subdivision Agreements Ed Dujlovic, P. Eng. Director It is recommended that the regulatory and warning signs outlined in this report be approved for various new subdivisions. Various subdivisions in Niagara Falls have recently been completed or are in the process of completion. These include the Garner Village Subdivision, Golia Estates, Garner Road Phase 5, Block 49 of Neighbourhood of St. David's, Ascot 7, and the Waterfront Estates. Conditions have been imposed through the subdivision agreement for the installation of parking restrictions, stop signs and other warning signs. A breakdown of the signage is as follows: That a no parking restriction be posted on the: North side of Walker Court from a point 85 metres east of Pinestone Road to the northeasterly limit of Walker Court, including the turning bulb; South side of Walker Court from a point 102 metres east of Pinest o ne Road to the Northeasterly limit of Walker Court, including the turning bulb; 3. East/South side of Joseph Court from McGarry Drive to the northeast limit of Joseph Court, including the turning bulb; and, 4. North side of Joseph Court from a point 182 metres northeast of McGarry Drive to the northeast limit of Joseph Court, including the turning bulb. Working Together to Serve Our Community Municipal Works Fire Services 18 Parks, Recreation Culture Business Development Building By -Law Services July 10, 2006 MW- 2006 -76 Stop Signs That a stop sign be installed facing: 1. Eastbound motorists on Silverstar Court at St. Michael Avenue; 2. Westbound motorists on Upper Canada Drive at St. Michael Avenue; 3. Eastbound motorists on Upper Canada Drive at Parkside Drive; 4. Westbound motorists on Shannon Avenue at St. Michael Avenue; 5. Westbound motorists on Courtney Crescent at Shannon Avenue; 6. Westbound motorists on Westport Drive at St. Michael Avenue; 7. Northbound motorists on Courtney Crescent at Westport Drive; and, 8. Northbound motorists on Walker Court at Pinestone Road. The following warning signs are recommended, based on the approved street layout: 1. No Exit Right side at the entrance to Silverstar Court; 2. No Exit Right side at the entrance to Morning Glory Court; 3. No Exit Right side at the entrance to Walker Court; 4. Checkerboard Northeastern terminus of Walker Court; 5. Checkerboard Eastern terminus of Beaverton Boulevard; 6. No Exit Right side of Brookside Drive east of White Dove Parkway; and, 7. No Exit Right side of Beaverton Boulevard east of White Dove Parkway. Parking and Traffic By -law 89 -2000 needs to be amended to reflect the additional controls. Council's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic Parking Services Approved by Ed Dujlovic, P. Eng. Director of Municipal Works espectfully submitted: eL John MacDonald Chief Administrative Officer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2006 Council \07 July 10\MW- 2006 -76 Subdivision Agreements.wpd Niagara Falls I The City of Canada Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: 1. Delcan Corporation 2. Philips Engineering 3. Upper Canada Consultants 4. K.T. Howe Ltd. Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356 -7521 (905) 356 -2354 edujlovi @city.niagarafalls.on.ca (Niagara Falls) (Burlington) (St. Catharines) (St. Catharines) July 10, 2006 Re: MW- 2006 -80 Consultant Appointment Kalar Road Reconstruction McLeod Road to Rideau Street $129,825.00 $177,380.00 Not Opened No Opened Ed Dujlovic Director That the City of Niagara Falls enter into a Consulting Services Agreement with Deleon Corporation for the design of storm sewers, street lighting and road reconstruction on Kalar Road from McLeod Road to Rideau Street for the upset limit of $129,825.00 excluding GST. An Environmental Assessment was completed for this section of Kalar Road resulting in an Environmental Study report dated August 2004. Staff invited four (4) consulting firms to submit proposals to complete the detailed design for this project. The proposal's evaluation were based on Work Program, Project Team and Project Schedule. All proposals were initially reviewed and evaluated based on non -costs criteria. The scores for two consultants were such that the cost factor would not enable them to score higher than their competitors and therefore not opened. The results of the evaluation and the project fees (excluding GST) are as follows: MW 2006 80 Based on the evaluation, staff is recommending that the City enter into a Consulting Services Agreement with Delcan Corporation. This consultant has previously performed similar type of work for the City. We, are therefore, of the opinion that this consultant is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 10, 2006 2 MW- 2006 -80 The completion of this design and subsequent construction will provide a new storm sewer and an expanded Kalar Road that will adequately convey the anticipated traffic volumes in this newly developing area. It is expected that the design process, including all approvals, will be completed in 2006 with construction to commence in 2007. Financing: The funding source for this project is identified in the 2006 Capital Budget as follows: G/L #12 -3- 310025- 030000 $129,825.00 (100 Council's concurrence with this report would be appreciated. Prepared by: Rick Volpini, Project Manager Approved by: Development Charges $74,000.00 (57 Reserves $55,825.00 (43 Ed Dujlovic, P.Eng. Director of Municipal Works S:\REPORTS\2006 Reports\MW- 2006 -80 Consultant Appointment Kalar Road.wpd Respectfully submitted: In John MacDonald Chief Administrative Officer DELCAN June 22, 2006 PW- 8190 -PW -A The City of Niagara Falls Municipal Works 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Ed Dujlovic, P. Eng. Director of Municipal Works Dear Mr. Dujlovic: Re: Please find enclosed our Fee Proposal for the Reconstruction of Kalar Road. Our fee to complete the above project is $129,825.00. Delcan will comply with the City's insurance requirements as indicated in attachment 'B' of the Request For Proposal. If you have any questions regarding the Financial Proposal, please do not hesitate to contact the undersigned at 905 -356 -7003, Ext. 226. Sincerely, DELCAN Corporation Steve Brant, P.Eng. Senior Project Manager Proposal for Engineering Services "Cost Estimate" Kalar Road Reconstruction DELCAN CORPORATION 4056 DORCHESTER ROAD, NIAGARA FALLS, ONTARIO, CANADA L2E 6M9 TEL: (905} 356 -7003 FAX: (9057 356 -7006 www.delcan.com 0 ADVANCING QUALITY o 2 i 0 v co O W m Y 11 Inp gad ufiisea pads ;aa 2 J W 0 i3 The City of Niagara Fali Canaig Community Services Department MW- 2006 -84 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: July 10, 2006 Re: MW- 2006 -84 Dorchester Road CNR Agreement RECOMMENDATION: It is recommended that the City of Niagara Falls enter into a legal agreement with the Canadian National Railway for the installation of a casing pipe, watermain and electrical ducts across the CNR right -of -way and that Council authorizes the Mayor and City Clerk to sign the agreement. BACKGROUND: In conjunction with the Dorchester Road reconstruction, a new watermain and traffic signal interconnect duct will be constructed in a new steel casing across the CNR right -of -way. This casing will also have the relocated Niagara Falls Hydro ducts. Prior to commencing with the installation of the casing the CNR requires that the City enters into an agreement. The CNR agreement will be reviewed by Legal Services before the signing of the agreement. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darnall Project Manager Approved b Ed Dujlovic Director of Municipal Works Respectfully submitted: John Macbonald 1 Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 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 -24 Parks, Recreation Culture Denyse Morrissey 7150 Montrose Road Director Unit 1 Niagara Falls, ON L2H 3N3 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: dmorrissey @city.niagarafalls.on.ca July 10, 2006 Re: R- 2004 -24 Robert F. Keighan Neighbourhood Park Landscape Development Tender TR8 -2006 It is recommended that Tender TR8 -2006 for the Landscape Development of Robert F. Keighan Neighbourhood Park be awarded to Stevensville Lawn Service Inc. for a total cost of $109,461.00, including all taxes. Robert F. Keighan Neighbourhood Park is located within the Beaver Valley Subdivision and Ascott Woods 7 Subdivision just north of Beaverdams Road and east of Kalar Road. On June 20, 2005, a Public Information Meeting took place at the former Recreation Commission Building and the Park Concept Plan was reviewed and approved by the local residents. A Park Committee consisting of concerned residents was formed for the purpose of fundraising for additional park amenities over and above the basic development of the park. Additional amenities that were approved for future development included a volleyball court, additional play equipment, picnic tables, natural skating area, and park sculptures. The Park Committee is in the process of raising funds and has agreed to work with Parks, Recreation Culture staff to have the various park amenities installed as funds are received. Tenders for the basic Landscape Development of Robert F. Keighan Park were advertised in the Niagara Falls Review and posted on the Niagara Falls web site. Tenders were picked up by various bidders and on June 20, 2006, four (4) bid proposals were received by the Clerk's Department. The result of the bid process is as follows: Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 10, 2006 2 R- 2006 -24 Contractor City Tender Price (including taxes) 1. Stevensville Lawn Service Inc. Stevensville, ON $109,461.00 2. Touchstone Site Contractors Inc. St. Catharines, ON $127,835.20 3. Peninsula Construction Inc. Fonthill, ON $152,079.36 4. 984265 Ont. Limited Stevensville, ON $165,790.08 (Circle P Paving Financing: Funds for this landscape development tender were approved by City Council as part of the 2006 Capital Construction Budget. Prepared by: ecommended by: )vt1 Denyse Morrissey Director of Parks, Recreation Culture JD /das as Architect S: \Council \Council 2006 \R 2006 -24 Robert F. Keighan Park Development Tender.wpd Respectfully submitted: et- 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 -25 Parks, Recreation Culture Denyse Morrissey 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 July 10, 2006 Re: R- 2006 -25 Parking Lot on Parkside Drive, Kalar Park `Home For Girls Soccer' and the Garner Recreational Trail (Phase 1) Landscape Development Tender TR 10 -2006 It is recommended that Tender TR10 -2006 for the landscape development of a Parking Lot on Parkside Drive (Kalar Park `Home For Girls Soccer') and the Garner Recreational Trail (Phase 1) be awarded to 984265 Ontario Ltd. /Circle `P' Paving of Stevensville, Ontario, for a total cost of $1 89,784.30 including taxes. Parks, Recreation Culture staff, through the Supply Services Section, issued a tender to construct a Parking Lot on Parkside Drive (part of the Kalar Park `Home For Girls Soccer' Complex) and Phase 1 of the Garner Recreational Trail. The new parking lot will accommodate approximately 75 spaces and will alleviate the on- street parking on Parkside Drive for the users of the adjacent soccer pitches. Niagara Falls Girls Soccer Club (NFGSC) is supportive of the construction of this parking lot and is funding 50% of the cost. Parks, Recreation Culture acquired a linear portion of parkland dedication within the Garner Subdivision Development, along the storm water management course for the purpose of constructing a Recreational Trail. The Garner Recreational Trail is planned to run along the existing storm water management course from McLeod Road to the Hydro Corridor at the north end. The developer, River Realty Development Inc. has given a financial contribution of 50,000.00 to the City toward the construction of this trail. Phase 1 of the trail will run from McGarry Drive northwards ending at the Hydro Corridor. Resident Notices were delivered to the homes within the project areas on May 10, 2006, with no concerns received to date. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 10, 2006 2 R- 2006 -25 The tender opening occurred in the presence of the Manager of Supply Services and the City Clerk on Friday, June 23, 2006. The result of the bid process is presented as follows: 1. Circle `P' Paving Stevensville, ON 189,784.30 (low bidder) (984265 Ontario Ltd.) 2. Stevensville Lawn Service Stevensville, ON 190,246.00 3. Rankin Construction St. Catharines, ON 198,030.25 4. Norjohn Contracting Thorold, ON 211,748.36 5. Peninsula Construction Fonthill, ON 242,015.92 Financing: Funding for these projects is included in the 2006 Capital Construction Budget. repared by: eff Claydon Landscape Architect Recommended by: t 1/5 Denyse Morrissey Director of Parks, Recreation Culture JC /das Contractor City Tender Bid Price (including taxes) Respectfully submitted: John MacDonald Chief Administrative Officer S: \Council \Council 2006 \R 2006 -25 Parkside Drive Parking Lot and Garner Trail (Phase 1).wpd The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department Parks, Recreation Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario 1. Rankin Construction Inc. 2. Stevensville Lawn Services Inc. 3. Al Asphalt Maintenance 4. Circle P Paving 5. Alfidome Construction Ltd. 6. Norjohn Contracting Ltd. 7. Hard Rock Paving Co. Ltd. (905) 356 -7521 (905) 356-7404 dmorrissey @niagarafalls.ca July 10, 2006 Re: R- 2006 -26 Expansion of MacBain Community Centre Parking Lot It is recommended that the tendered price submitted by the low tenderer, Rankin Construction Inc., be accepted by Council. The Tender Opening Committee, in the presence of the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday, June 20, 2006 at 1:30 p.m. for Tender TR 09 =2006. Tender documents were picked up by thirteen (13) Contractors and nine (9) bids were received. Listed below is a summary of the totalled tendered prices including GST received from the nine (9) contractors. (St. Catharines (Stevensville) (Burlington) (Stevensville) (Niagara Falls) (Thorold) (Port Colborne) $168,914.48 $179,443.28 $181,774.82 $184,241.16 $190,013.81 $192,926.46 $199,052.10 R- 2006 -26 Denyse Morrissey Director Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 10, 2006 2 R- 2006 -26 8. Steed Evans Ltd. (Thorold) $207,469.79 9. Peninsula Construction Inc. (Fonthill) $211,226.13 The lowest tender was received from Rankin Construction Inc. in the amount of $168,914.48. This contractor has previously performed similar types of projects for the City. We are therefore of the opinion that this contractor is capable of successfully undertaking the project. Funds are available from the Community Centre Project Capital Budget This project is scheduled to be completed in the summer of 2006. Prepared by: ephen Hamilton Manager of Recreation Facilities and Community Development Recommended by: Denyse Morrisseyi Director of Parks, Recreation Culture SH/das Respectfully Submitted: /e S: \Council \Council 2006 \R 2006 -26 Expansion of MacBain Community Centre Parking Lot.wpd John MacDonald Chief Administrative Officer A by -law to establish Parts 1 and 2 on Reference Plan 59R -12990 as a public highway, to be known as and to form part of Dawson 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 115 Stamford, designated as Parts 1 and 2 on Reference Plan 59R- 12990, 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 -12990 that is hereby established as a public highway, be known as and form part of Dawson Street. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 4 on Reference Plan 59R -12990 as a public highway, to be known as and to form part of Dawson 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 115 Stamford, designated as Part 4 on Reference Plan 59R 12990, 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 -12990 that is hereby established as a public highway, be known as and form part of Dawson Street. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10,2006.' July 10, 2006. July 10, 2006. A by -law to establish Part 5 on Reference Plan 59R -12953 as a public highway, to be known as and to form part of Dawson 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 of Block F, Plan 5; Part Township Lot 115 Stamford, designated as Part 5 on Reference Plan 59R- 12953, 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 -12953 that is hereby established as a public highway, be known as and form part of Dawson Street. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -Iaw No. 2006 A by -law to establish Part 2 on Reference Plan 59R -12953 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 of Block F, Plan 5, designated as Part 2 on Reference Plan 59R- 12953, 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 -12953 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. R.T. (TED) SALCI, MAYOR A by -law to establish Part 5 on Reference Plan 59R -12990 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 115 Stamford, designated as Part 5 on Reference Plan 59R 12990, 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 -12990 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. 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 "D1" and Schedule "Di" attached hereto shall be inserted in lieu thereof. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 SCHEDULE "D1" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Andy Atuahene Geoff Bassett Steve Bourassa Richard Budd Shirley Clair Charles Coffman Sarah Convery Nick Galotta Eli Hoffmann Travis Willick A by -law to establish Parts 4, 5, 6 and 7 on Reference Plan 59R -13118 as a public highway, to be known as and to form part of Buchanan Avenue. 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 of Lot 809 Registered Plan 9, designated as Part 4 on Reference Plan 59R- 13118, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That Part of Lots 810 and 811, Registered Plan 9, designated as Part 5 on Reference Plan 59R- 13118, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 3. That Part of Lot 812 Registered Plan 9, designated as Part 6 on Reference Plan 59R 13118, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 4. That Part of Lot 813 Registered Plan 9, designated as Part 7 on Reference Plan 59R 13118, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 5. That said Parts 4, 5, 6 and 7 on Reference Plan 59R -13118 that are hereby established as public highways, be known as and form part of Buchanan Avenue. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 R.T. (TED) SALCI, MAYOR A by -law to establish Part 9 on Reference Plan 59R -13118 as a public highway, to be known as and to form part of Stanley Avenue. 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 of Lot 798 on Registered Plan 17, designated as Part 9 on Reference Plan 59R- 13118, 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 -13118 that is hereby established as a public highway, be known as and form part of Stanley Avenue. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Parts 1 and 8 on Reference Plan 59R -13118 as a public highway, to be known as and to form part of Forsythe 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 of Lot 798 on Registered Plan 17, designated as Parts 1 and 8 on Reference Plan 59R 13118, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 1 and 8 on Reference Plan 59R -13118 that is hereby established as a public highway, be known as and form part of Forsythe Street. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Licence Agreement with BoardView Advertising Inc. respecting the installation and maintenance of advertising signs on the rinkboard surfaces of Stamford Memorial Arena and Jack Bell Arena, both located at 6570 Frederica Street, Niagara Falls and the Niagara Falls Memorial Arena located at 5145 Centre Street, Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Agreement dated the 3r day of April, 2006 and made between BoardView Advertising Inc. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the installation and maintenance of advertising signs on the rinkboard surfaces of Stamford Memorial Arena and Jack Bell Arena, both located at 6570 Frederica Street, Niagara Falls, and the Niagara Falls Memorial Arena located at 5145 Centre Street, Niagara Falls as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 THIS LICENCE AGREEMENT made this 3rd day of April, 2006. BETWEEN: 1. Grant 1.1 BOARDVIEW ADVERTISING INC. Hereinafter referred to as the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Licensee has requested the City's permission to place advertising signs on the rinkboard surfaces at Stamford Memorial Arena and Jack Bell Arena, both located at 6570 Frederica Street, Niagara Falls and the Niagara Falls Memorial Arena located at 5145 Centre Street, Niagara Falls AND WHEREAS the Licensee and the City have agreed to enter into this Licence Agreement (the "Agreement in respect of the Licensee's use of certain space on the rinkboard surfaces at the Stamford Memorial Arena, the Jack Bell Arena and the Niagara Falls Memorial Arena owned by the City, for said advertising signs; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: The parties hereto acknowledge that the City is the owner of the lands and premises municipally known as Stamford Memorial Arena and Jack Bell Arena, both located at 6570 Frederica Street, and the Niagara Fall Memorial Arena located at 5145 Centre Street Niagara Falls, Ontario (the "Arenas 1.2 The City grants to the Licensee, and the Licensee accepts, an exclusive right to use the applicable inner face portions of the rinkboard surface in the Stamford Memorial Arena as 4si icy li.e City (the "Stamford Site") in the Jack Bell Arena as designated by the City the "Jack Bell Site and in the Niagara Falls Memorial Arena collectively hereinafter referred to as "the Sites and as shown in heavy outline on Schedule "A" attached hereto, for the installation and maintenance, at the Licensee's sole cost and expense, of a maximum of 40 advertising signs measuring approximately four feet by eight feet each (the "Signs on each of the Stamford Site and the Jack Bell Site; And a maximum of two advertising signs measuring approximately four feet by eight feet at the Niagara Memorial site. The Licensee hereby acknowledges and agrees that no Signs are to be located behind the hockey goal nets and shall not cover any ice door. -2- 1.3 The Licensee acknowledges that it has inspected the Sites, that the City has made no representations or warranties whatsoever respecting the conditions thereof or their suitability for the Licensee's use or otherwise, that the City has no obligation or duty to make any alterations, improvements or repairs whatsoever in and to the Sites to make them ready for the Licensee's use and occupancy and that the Licensee takes and accepts the Sites in their present "as is, where is" condition. 2. Term and Fee 2.1 The term of this Agreement (the "Tenn") shall be for a period of three years commencing on the 1 s` day of August, 2005 (the "Commencement Date and terminating on the 31' day of July, 2008. 2.2 The Licensee shall pay to the City throughout the Term, an annual licence fee in the amount of TWO DOLLARS ($2.00), payable in advance on the Commencement Date and on each anniversary of the Commencement Date. 2.3 In addition to the annual licence fee, the Licensee shall be responsible for all rates, duties and assessments and other charges that may be levied, rated, charged or assessed against the Signs and every tax and licence fee associated with the Licensee's use of the Sites. 2.4 The Licensee further covenants to pay all Goods and Services Tax (GST) applicable to all licence fees. 2.5 Provided the Licensee duly and regularly and punctually pays the licence fee and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the City shall, upon the written request of the Licensee given to the City not more than six months and not less than three months prior to the expiration of the original term of this Agreement grant to the Licensee, a renewal of this Agreement for a further term of three years on the same terms and conditions, save and except for the right of further renewal. T erms and Conditions of Use -3- The Licensee acknowledges that it does not have the right to use the Sites, except in accordance with the conditions of the Licence herein contained and the Licensee accepts this Licence subject to such limitations as herein contained. The Licensee must obtain written approval from the Director of Parks, Recreation Culture for the City "Director with respect to the particular advertisement displayed on each of :be Signs; the location of the Signs on the Sites; and the method of installation of said Signs, prior to installing the Signs on the Sites. The Licensee further acknowledges that it shall, at its sole cost and expense, provide and '(1 all of the polycarbonate covering for all the Signs. 1 The Licensee covenants and agrees: (a) not to permit the advertising of alcohol or tobacco and tobacco related products in any advertising face installed on the Signs; and (b) to post or permit to be posted only those advertisements which are, in the opinion of the Director, of a reputable character and appearance, free from vulgarity or indecent suggestion of any kind or nature, non political and non- controversial and free from reference to local or national public or political issues. The decision of the Director with respect to the foregoing, shall be final and binding. In addition to the foregoing, the City must approve all art work, content, colours and graphic symbolism of each Sign prior to the installation of such Sign. r' le Licensee acknowledges and agrees that it will enter into a separate agreement with Niagara Falis Minor Hockey Association with respect to the allocation of a portion of the revenue generated and received by it as a result of this Licence, to the Niagara Falls Minor s >.ckey Association. It is hereby expressly agreed and understood that the City will have no jligations to either the Licensee or Niagara Falls Minor Hockey Association with respect such separate agreement. No transfer or assignment of the Licence or any rights hereunder shall be made by the ,icensee without the prior written consent thereto of City Council, which consent may be myeagonably withheld City agrees to provide a non exclusive right to the Licensee, at the Licensee's own risk -4- and expense, to enter upon the Arenas to conduct its normal business during reasonable daylight hours as provided for herein; provided however that such right to access shall be effected at such time and in such manner as to not interfere with the City's operations. 3.8 The Licensee shall comply with all the laws of the federal, provincial or municipal governments that may be applicable to the licensing of the Sites. 3.9 Notwithstanding any other provision of this Agreement, in the event that the Licensee fails to comply with any of the terms and conditions of this Agreement, the City shall have the right to terminate this Agreement in whole or in part on notification to the Licensee as follows. The City shall give to the Licensee written notice pursuant to paragraph 5.2 hereof setting out the details of such breach and the City's intent to cancel this Agreement in whole or in part. At the expiration of fifteen (15) days from the date of receipt of such notice, if the Licensee has failed to rectify the breach or to commence rectification of such breach in a reasonable and diligent manner, the City may cancel this Agreement without further written notice to the Licensee. 3.10 (1) The Licensee covenants and agrees with the City to maintain the Signs at all times in good and proper repair and condition satisfactory to the Director and to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Signs. (2) The Licensee agrees to remove, clean or repair any of the Signs that is damaged, at the Licensee's sole cost, within 48 hours following notification of same by the City. 3.11 (1) The City shall be entitled to immediately remove any Sign that interferes, in anyway, with the City's reasonable operations. (2) The Licensee shall provide the City with a security deposit of Five Hundred Dollars ($500.00) which the City may apply towards the cost of any expense incurred by the City in exercising its rights as set out in this paragraph. 3.12 The City shall not be liable for any loss or damage whatsoever to the Signs, except for any loss or damage attributable to any negligence on behalf of the City. 3.13 The City agrees not to permit any Signs installed in accordance with this Agreement to be covered, except for certain limited engagements up to ten days in succession where, in the opinion of the Director, it would be appropriate to cover the Signs. Said Director will endeavour to provide the Licensee with advance notice of any such scheduled engagements provided that such information may be released legally by the City and is not of a fidential_nature: -5- 3.14 The City agrees to provide the Licensee with any information respecting the Arenas that will be of assistance to the Licensee, provided that such information may be legally released by the City and is not of a confidential nature. 3.15 The Licensee covenants and agrees with the City that it will not increase, extend or enlarge the Signs or permit the increase, extension or enlargement of the Signs in any manner whatsoever. 3.16 (1) Upon the expiration or termination of the Licence, the Licensee hereby acknowledges and agrees that upon notice given by the City within 20 days of the expiration or termination of the Licence, to do so, it shall remove all Signs and related materials supplied and installed by it at the Sites herein described and replace these Signs with the original panels or their equivalent, to the satisfaction of the Director. (2) In the event that the Licensee does not comply with such notice to remove as set out above the City will remove the signs and store them for a reasonable time. During the time the City is storing the signs, the City will not be responsible for damage to or theft of the signs. It is acknowledged and agreed that, in the event the City exercises its rights under sub paragraphs 3.16(1), (2) and (3) above, it will be entitled to keep the security deposit provided pursuant to sub paragraph 3.11(2) above. 4. Liability and Insurance 4.1* The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Agreement or anything done or maintained hereunder. 4.2 The Licensee agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Arenas with all inclusive coverage of not less than Two Million Dollars ($2,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of e, Licensee to the City under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the 5. General -6- insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Licensee to raise the minimum amount of coverage and shall so advise the Licensee in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the City's Solicitor, showing the amended coverage. Failure of the Licensee to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 4.3 The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this Licence in accordance with the provisions of this Agreement and at each insurance renewal date. 4.4 The Licensee shall provide evidence that all of its employees are covered by the provisions of the Workplace Safety Insurance Board Act and agrees to pay all assessments in respect thereof. 5.1 Any dispute between the parties whether arising during the period of this Agreement or at any time thereafter which attaches upon the validity, construction, meaning, performance or effect to this Agreement or the rights and liabilities of the parties or any matter arising out of or connected with this Agreement shall be subject to arbitration and pursuant to the Arbitrations Act (Ontario) and the decision shall be final and binding upon the parties hereto and shall not be subject to appeal. Further, all costs associated with the arbitration shall be shared equally between the Licensee and the City. 5.2 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement other than expressed herein. 5.3 (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e -mail, by fax or be prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; in the case of a ;mail or fax, on t h e date oftransmission provided it is received. before 3# p_ n on a� da dt i riot a 1 oliday,'; a _`defined n the interpretation n Act, failing which it shall be deemed to have been received the 5.4 Notice shall be given to the Licensee at: 14 Tresillian Road Toronto, Ontario M3H 1L6 Attention: Mr. Jory Sigesmund President Telephone No. Fax No. and to the City at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Law Clerk, Legal Services Telephone No. Fax No. next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (416) 633 -9668 1(800) 669 -2936 (905) 356 -7521 (905) 371 -2892 -7- 5.5 Wherever the singular or masculine is used in this Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. 5.6 Each and every paragraph of this Agreement is severable and any findings of invalidity of any part of this Agreement shall not affect the validity of the remaining provisions thereof. is Agreement shall in all respects be interpreted, construed and governed by the laws of the Province of Ontario relating to contracts entered into and to be duly performed therein. -8- IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. BOARDVIEW ADVERTISING INC. Per: dory S es d, President THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk SCHEDULE "A 1 aC i'0K ?or r 11 1 <b oato 4 iw1 s a 6 (1) CD gl cri nK et Ill 9 al j o) r to X rn. z D C-4 U n CA x 1 tri CI. Pi t t4 A by -law to authorize the execution of a Service Agreement with Crawford Adjusters Canada, respecting the provision of services by Crawford Adjusters Canada to the City, pertaining to property and casualty insurance claims. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Service Agreement dated July 18, 2006 and made between The Corporation of the City of Niagara Falls as City and Crawford Adjusters Canada as Adjuster, respecting the provision of services by the Adjuster to the City pertaining to the investigation, evaluation and settling of property and casualty insurance claims for a term of four years, with a option to renew for an additional four years, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Service Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Service Agreement. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS Independent Claims Adjusting Service Agreement with Crawford Adjusters Canada June 2006 Crawford This agreement is effective as of the 18 day of July, 2006. Between: THE CORPORATION OF THE CITY OF NIAGARA FALLS, an incorporated City under the laws of the Province of Ontario (`City) CRAWFORD ADJUSTERS CANADA, a corporation incorporated under the laws of Canada, with its head office in the City of Kitchener, Ontario, in the Regional Municipality of Waterloo ('Adjuster'). WHEREAS the 'Adjuster' is engaged in and licensed to provide certain services with respect to the investigation, evaluation, negotiation and settling of property and casualty insurance claims; and, WHEREAS the 'City' has requirement of an adjuster to provide certain services pertaining to the investigation, evaluation and settling of property and casualty insurance claims within their self insured retention of $50,000.000, and, WHEREAS the parties to this agreement wish to set out the terms and conditions goveming the provision of services by the 'Adjuster' to the 'City' or, where appropriate, the City's Insurers, during the term of this agreement, NOW, THEREFORE, in consideration of the mutual promises contained herein and subject to all the terms and conditions hereof, 'Adjuster' and 'City' agree as follows: 1. Scope of Adjuster's Authority Service Agreement -and- 1.1 City authorizes Adjuster to provide the 'Basic Services' described in subsection 12 in accordance with the terms and conditions of this Agreement and any exhibits and /or addendums attached hereto and incorporated herein, within the self insured retention portion of it's insurance policies. 1.2 Adjuster agrees to provide the following 'Basic Services' for the investigation, evaluation, negotiation and settling of property and casualty claims made under the self insured retention policies, and to the City's Insurers for claims in excess of the City's self insured retention, which occur and are reported to the 'Adjuster' for handling during the effective term of this agreement: a) To establish and maintain a computerized claim register for all claims made under the Policies, recording for each claim services by the 'Adjuster', the claim number, the name of the insured and all claimants, date of occurrence, date on which the claim file was established, the amount of the loss and loss adjustment expense reserves _.established and the location (City and Province) where the loss occurred. To provide 'the'City' with an itemized quarterly risk management information report not later that fifteen (15) business days following the end of the quarter, of all claims and losses incurred in the preceding quarter and from the inception date of the policies. 1 e) To establish and maintain a hard copy and /or electronic file for each claim reported to the 'Adjuster', containing all information pertaining to the claim, and upon request, to provide the 'City', or, where appropriate, the City's Insurers, with a complete copy of any claim file, and to arrange Internet access to 'City' file notes via the Adjuster's 'CMS Claims Management SystemTM' program. f) To investigate, evaluate, negotiate and settle, as appropriate, all claims within the 'Adjuster's' settlement authority limit as may be established by the `City' and described in the Claim Procedures Protocols attached hereto as exhibit 'B', and incorporated herein by reference g) To obtain written approval from the 'City', or, where appropriate, the City's Insurer, prior to settling any claim in excess of the 'Adjuster's' settlement authority limit. h) To obtain the 'City's' or the City's Insurers consent prior to denying coverage on any claim. j i) To report all claims to the 'City, or, where appropriate, the 'City's Insurers' on which litigation is filed immediately following receipt of notice of filing or service on the 'City'. To supervise all litigation and to attend any judicial or administrative proceedings involving any claim serviced under this agreement, subject to direction and authority of the `City, or, where appropriate, the City's Insurer. k) To turn over the 'City' or, where appropriate, the City's Insurers, all files and records relating to any settled claim, within ten (10) business days following a request to do so from the 'City' or the City's Insurers. I) To designate an account representative as the 'City's contact person to communicate and coordinate as needed regarding the status of all claims serviced by the 'Adjuster' hereunder. Paul Desjardins, Manager, St. Catharines Crawford Adjusters Canada, is so designated. c) To investigate all claims and to recommend to the 'City', or where appropriate, the City's Insurers, the amount of the loss and loss adjustment expense reserves to be established for each claim not paid within twenty -one (21) days of receipt. d) To supply claim forms utilized in the investigation, evaluation negotiation and settlement of all claims, and to use any claim forms specified by the 'City', particularly the City's final release form. 1.3 'Adjuster' shall continue to provide the 'Basic Services' for each claim until settled or closed or until the 'Adjuster' and the 'City', or, where appropriate, the City's Insurers, mutually agree in writing that the `Adjuster' has no further liability with respect to such claim, subject to the terms of section 1.2 1.4 The 'City', or, where appropriate, the City's Insurers, reserves the right to assume control and handling of any claim at any time. 'Adjuster' shall deliver promptly to the 'City' o where appropriate, the City's Insurers, any claim file requested by the 'City' or their Insurers; however, 'City' shall not be entitled to offset or deduct the costs of handling such claim from any of the fees or expenses owing to the 'Adjuster' under the terms of this Agreement. 2 1.5 All claim files established by the `adjusters' pursuant to this Agreement, shall at all times remain the sole property of the `City', or, where appropriate, the City's Insurers. The `City' shall at all times be entitled to review all claim files maintained by the `Adjuster' at its place of business at any time during ordinary business hours. The `Adjuster' shall provide the City's Insurers and their examiners with access, upon reasonable notice, to such files and records. 1.6 The 'Adjuster' shall notify the `City, or, where appropriate, the City's Insurers, immediately upon receipt of any complaints and inquiries received from any insurance regulatory authority, and shall provide the `City, or, where appropriate, the City's Insurers, with copies of any written correspondence relating to such complaints and inquired. The `Adjuster' shall cooperate with and assist the 'City', and, where appropriate, the City's Insurers, in gathering any claim or loss information necessary to respond to such correspondence, complaints and inquiries. 1.7 The 'Adjuster' agrees not to delegate or subcontract to any third party the performance of any service, duties or obligations undertaken by it pursuant to this Agreement without the prior written approval of the City, or, where appropriate, the City's Insurers. 2. Fees 2.1 As set out in Schedule "A" attached hereto 2.2 Parties agree to discuss rates on an annual basis. 3. Terms and Termination 3.1 The term of this offer is for a period of four (4) years from the date of acceptance with the option to renew for another four (4) years in 2010 on mutual agreement of the parties and all conditions (herein) met. 3.2 This Agreement is effective as of the 18 day of July 2006 and shall be ongoing. 3.3 This Agreement may be terminated by either party without cause by providing at least ninety (90) days prior written notice of termination to the other party. 4. Representation of Adjuster The 'Adjuster' represents and warrants as follows: 4.1 It will comply with all applicable laws governing claims handling practices and procedures and other applicable law, rules and regulations, in the performance of its duties under this Agreement; 3 5. Insurance 5.1 During the term of this Agreement, the `Adjuster' shall maintain continuously the fidelity insurance and errors and omissions insurance described in exhibit 'C' attached hereto and incorporated herein by reference. 6. Indemnification 6.1 The 'City shall indemnify, defend, and hold harmless the `Adjuster' and its employees, officers, directors and agents from and against any and all losses, damages, expenses, causes of action and other liabilities of any description whatsoever, including, without limitation, settlement costs and reasonable legal fees, court costs, and other expenses incurred in the investigation, prosecution of defence of any claim or action or any threatened claim or action, brought by an unrelated third party based upon or arising out of or in connection with any claim services under this agreement or the `Adjuster's' performance of its obligations under this Agreement, except to the extent incurred solely as a consequence of the `Adjuster's' independent conduct. 6.2 The `Adjuster' shall indemnify defend and hold harmless the `City' and where appropriate, the City's Insurers, and their employees, officers, directors and agents from and against any and all losses, damages, expenses, causes of action or other liabilities of any description whatsoever, including, without limitation, settlement costs and reasonable legal fees, court costs, and other expenses incurred in the investigation, prosecution or defence of any claim or action or any threatened claim or action, brought by an unrelated third party based upon or arising out of or in connection with any wrongful acts, errors, omissions, or other negligent acts of omissions of the `Adjuster', its employees, offices, agents and subcontractors in handling any claims under this Agreement, including allegations of bad faith in claims handling, except as a consequence of the `City's, or, where appropriate, the City's Insurer's independent conduct. 6.3 Termination of the Agreement shall not relieve either party of its respective obligations of indemnification under this section. 7. Confidentiality 7.1 `Adjuster' acknowledges that it's employees and other representatives will be exposed to confidential and proprietary information of the `City' during the ordinary course of providing the services contemplated by this agreement. `Adjuster' agrees to use its best efforts and to cause it's employees and other representatives to use the same degree of care to maintain the confidentiality of such information as it would and /or does with respect to its own confidential and proprietary information. `Adjuster' agrees to refrain from disclosing any part of the `City's' confidential and proprietary information to a third party. In the event the `Adjuster' is required to disclose such confidential and proprietary information as a result of court order, or testimony, the Adjuster agrees to provide prior notification to the `City'. 4 8. Amendment and Waiver 9. Notice 8.1 This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof and shall not be amended except in writing duly signed by both parties to this Agreement. 8.2 The failure of either party to insist upon adherence to any term or condition of this Agreement on any occasion shall not constitute a waiver of such party's right to insist upon strict adherence to such term or condition on a subsequent occasion. Any of the terms or conditions of this Agreement may be waived at any time, and from time to time, in writing by the party entitled to the benefit thereof, without impairing or diminishing any other term or provision thereof. Waiver by either party of a breach of any term or condition of this Agreement shall not operate as or be construed as a waiver of any subsequent breach. All notice, requests and other communications (Notices') required or permitted to be given under this Agreement shall be given in writing and shall be deemed duly delivered if delivered personally with receipt acknowledged, or by Canada Post, registered and certified first class mail, postage prepaid, return receipt requested, addressed to the parties at the following addresses, or such other address as any party may specify hereinafter by giving notice to the other party in accordance with the procedure outlined in this section: 10. Assignment If to the `City': The Corporation of the City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Telephone (905) 356 -7521 Fax (905) 356 -2354 Contact Person: Mr. Ed Dujlovic If to the 'Adjuster': Crawford Adjusters Canada 203 -110A Hannover Dr. St. Catharines, Ontario L2W 1A4 Telephone: (905) 688 -6391 Fax: (905) 684 -0133 Contact Person: Mr. Paul Desjardins Notices shall be deemed duly received on the date of delivery in person, or five (5) days after placing in Canada Post. Neither party may assign its rights and obligations under this Agreement without the prior written consent of the other party. All representations, covenants, and warranties of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and 5 permitted assigns. Nothing in this Agreement is intended or shall be construed to confer upon or give to any person or entity other that the `City' and `Adjuster', any right, remedy or claim hereunder. 11. Severability If any provision of this Agreement shall be declared invalid or unenforceable the remainder of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Trust Agreement As set out in Schedule "D" attached hereto. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first written above. The Corporation of the City of Niagara Falls, BY: B Name: Dean Iorfida Name: R.T. (Ted) Salci Title: City Clerk Title: Ma or Crawford Adjusters Ca Name: Gary Gardner Title: VP Sales 6 Telephone Adjusted Losses $1000.00 to $10,000 Property Damage Only All single, straightforward first or third party property damage claims, no injuries. Fee $125 per file Bodily Injury All single, straightforward personal injury claims. Plus task assignment where necessary. Fee $200 per file Blended Hourly Rate All work outside of the flat rate fees will be billed on a Blended rate of $100.00 per hour. This includes all operating expenses and excludes Disbursements. (See definition below.) SPECIAL EXPERTISE GLOBAL TECHNICAL SERVICES Specialized staff for use on losses of significance or where specialized expertise is necessary: Executive General Adjuster Senior General Adjuster General Adjuster SCHEDULE "A" Fee Schedule Disbursements apply to all Field and Telephone Fees on an incurred basis, and include but are not limit to: Legal fees and all court related costs Engineering fees Private investigation and surveillance services Professional photography costs Expert consulting fees and their related court costs Independent medical examination fees and rehabilitation services Costs of public and hospital records, as well as police and medical reports Long distance telephone charges Appraisal fees Specialty Services Fees ClaimsAlert® 1) Claims Assigned to Crawford 2) Claims pulled back next working day 3) Claims sent to contractor Minimum charge 4) Claim Inquiries 5) All other calls, cost per call Includes: Call screening as per your protocol. Overflow call handling. Office closed for a Holiday, a week notice required. Monthly summary of all calls provided.._ $195 /hour Blended $150 /hour Blended $125 /hour blended No Fee $15.00 per claim $30.00 $10.00 $5.00 The above sets out the fee schedule as proposed and captures the incidental fees for the use of CLAIMSALERT® for claims /calls that are not handled by Adjuster 7 SCHEDULE "B" BILLING INSTRUCTIONS Bill all fees at $100.00 per hour blended. For technical Services bill $100.00 per hour blended. Property Damage claims are single, straightforward first or third party property damage claims where there are no injuries. FEE $125 per file Bodily Injury are single, straightforward personal injury claims. FEE $200 per file (Plus Task Assignment where necessary) SPECIAL INSTRUCTIONS Must use preferred Full and Final Release of the City OR SPECIAL FORMS OTHER SPECIAL Key Account Service Factors Philosophy Expect that adjuster will pay what the claim is worth Handle on a timely basis City has the final say in ALL settlements All communication should be through e-mail, mail, telephone or fax Once a claim has been received from a claimant it will be sent to adjuster Requirements Notice to adjuster is notice to the broker (Cowan) Self Insured Retention is $50,000. Reporting of After Hours claims to Adjuster After hour claims 4:30 pm and weekends /holidays) will be called into the ClaimsAlert® 1-800 number; Adjuster will immediately proceed per protocol and will forward Claims Acknowledgment per standard procedure to City Claimant Contact Protocols Claimant must be contacted "within a reasonable time" Adjuster may respond in writing or telephone claimant upon receipt of Claim report from the City Crawford Reporting Protocols Acknowledgement Form to be e- mailed to City within 48 hours of claim report to Adjuster Acknowledgement form should in clude: 1. City claim numb 2. Adjuster file num 3. Claimant information 4. Date of Loss 5. Adjuster name and contact information 8 Reports 1. 48 Hour Acknowledgement 2. 60 day report 3. Ongoing (Interim Reports) 4. Settlement Requests 5. Final Report 6. Reports should be short -form report where possible, long form as per City request Authority Levels None All Settlements must be authorized by the City 9 SCHEDULE "C" MARSH CERTIFICATE PRODUCER MARSH USA, INC. Attn: C. Kay Johnson 3475 Piedmont Road NE Suite 1200 Atlanta, GA 30305 ph: 404/995 -2652; fax: 404/995 -2653 400181 -F -FIN- INSURED OF INSURANCE CERTIFICATE NUMBER AIL- 000847408 -17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A LLOYD'S OF LONDON Crawford Adjusters Canada, Inc. 539 Riverbend Drive Kitchener, ON N2K 3S3 CANADA COVERAGES COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICIES NOTWITHSTANDING ANY REQUIREMENT, PERTAIN, THE INSURANCE AFFORDED LIMITS SHOWN MAY HAVE BEEN REDUCED 10 OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY BY THE POLICIES DESCRIBED HEREIN LS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE BY PAID CLAIMS. CO LTR TYPE OF INSURANCE GENERAL POLICY NUMBER POLICY EFFECTIVE DATE (MM /DDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS UABIUTY COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE CLAIMS MADE IOCCUR PRODUCTS COMP/OP AGG OWNERS CONTRACTOR'S PROT PERSONAL &ADVINJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) AUTOMOBILE LIABILITY MED EXP (Any ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) GARAGE PROPERTY DAMAGE UABIUTY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT EXCESS LIABILITY AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I ORY LIMITS I I ER THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL EL EACH ACCIDENT EL DISEASE -POLICY LIMIT EL DISEASE -EACH EMPLOYEE A A DESCRIPTION PS FIRM E &0 FIDELITY BOND OF OPERATIONSILOCATIONSNEHICLES QF041805 QF041805 06/30/05 06/30/05 06/30/06 06/30/06 $5,000,000 $5,000,000 /SPECIAL ITEMS CERTIFICATE HOLDER G CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE ENDEAVOR E WILL TO MAIL 'iD DAYS WR(TfEN NOTICE TQ THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, RS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Frank Kinnett VALID AS OF: 07/13/05 SCHEDULE "C" SCHEDULE "D" TRUST ACCOUNT 1. Adjuster shall establish and maintain a Trust Bank Account with the Royal Bank of Canada, Kitchener, Ontario, Canada, to be utilized for payments to claimants and other payable expenses as authorized by The City. 2. Designated adjuster shall be authorized to sign and issue cheques from this Trust Account after claims settlement authorization is received. 3. The City shall initially provide sufficient funds to the Trust Account to enable Adjuster to pay claims or other expenses as they arise in accordance with the terms of this Agreement. 4. At the end of every month Adjuster shall provide a copy of the bank statement, along with a copy of the Trust Account Report, to The City. The Trust Account Rept will list all cheques that have been issued for that month, the amount of the cheque, and the claim number for the claim for which the cheque was written. 5. To ensure an orderly transition, in the event that Adjusters retention under this Agreement is terminated, Adjuster shall keep the Trust Account open for a period not to exceed six (6) months from the termination date to allow for all issued cheques to be cashed by the recipients (the "Wind -Down Period Should all of the issued cheques be cashed at any time during the "Wind Down Period the Trust Account shall be closed immediately. If at the end of six (6) months, there are still outstanding cheques that have been issued but still not cashed by recipients, stop payment orders shall be issued on all outstanding cheques and the Trust Account shall be closed. Responsibility for establishing a new Trust Account and for ongoing administration of it is that of the City or another party as designated by the City. 10 Clifton Hill THE CORPORATION OF THE CITY OF NIAGARA FALLS South BY -LAW Number 2006- A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby .ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) By deleting from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN Z COLUMN 3 HIGHWAY SIDE BETWEEN Victoria Avenue and a point 63 metres At any Time East of Victoria Avenue Clifton Hill South A point 82 metres east of Victoria Avenue and a point 124'rnetrr ea of Victor Avenue COLUMN 4 TIMES OR DAYS (2) By adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 }IIrHWAY Passed this tenth day of July, 2006. COLUMN 2 RIFF Clifton Hill South Victoria Avenue Southeast DEAN IORFIDA, CITY CLERK First Reading: July 10, 2006 Second Reading: July 10, 2006 Third Reading: July 10, 2006 COLUMN 3 RFTWFFN Victoria Avenue and a point 140 metres East of Victoria Avenue A point 34 metres northeast of Magdalen Street and a point 91 metres northeast of Magdalen Street This By -law shall come into force when the appropriate signs are installed. R.T. (TED) SALCI, MAYOR COLUMN 4 TIMFS OR HAYS At All Times Tow Away Zone At All Times Tow Away Zone A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 8, 2006 and made between Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition to be held on December 1, 2 and 3, 2006, as attached hereto, 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. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 8th day of May, 2006. BETWEEN: Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship Hereinafter called the "Licensee and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City of the FIRST PART; of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Memorial Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with a Cheerleading Competition. AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of a Cheerleading Competition the following dates: December 1, 2, 3, 2006 Payment: 2. The Licensee agrees to pay to the City a rental fee of 6,000.00 (G.S.T. included). 3. The Licensee shall submit a non refundable payment of $1,000.00 on November 1, 2006 of this agreement, which deposit shall be credited toward the rental fee. 4. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. -2- Facilities, Equipment and Personnel: 5. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: Arena Ice Surface Portable Ice Floor Covering Removal of Side Glass Only 5 Changerooms, First Aid Box Office Facilities Committee Office Event Advertised on Facility Marquee Parking Lot Daily Cleanup During Shows (b) Equipment: Ice Exit Doors Removed Canvas Bunting Around Boards End Netting to be rolled up. (c) Personnel: Arena Supervisor Available Arena Staff on Duty Security Staff (5) for Show Hours Cleaning and Heating of the Arena: 6. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 7. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 8. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 9. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 10. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's 7 UellS�` 'incl-irrli th me„t any r eri y ts as may be required for t e electrical installation. Removal of Equipment: 11. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena Sunday, December 3, 2006 at midnight 12. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 13. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Concessions: 14. The Licensee agrees that the City ofNiagara Falls retains full exclusivity to the food and beverage concessions during the entire event except for the two pre- approved Vendors acceptable by the Licensee and the City. This is only permissable as we require assistance in food/beverage due to the volume of participants. Advertising the Event: 15. The Licensee shall, at its own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 16. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 17. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 18. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. 19. The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. -3- -4- Advertising Beyond the Arena: 20. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 21. The Licensee shall only use advertising signs and other similar materials used to promote the Even beyond the Arena that have been approved by the City. 22. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 23. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 24. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 25. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 26. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. 905 -358 -3808 Ext. 221 Phone 905- 354 -9119 Fax' -5- 27. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 28. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 29. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non- Assignability: 30. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 31. Where the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. Notices: 32. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention: Buddy Lowe, Supt. of Recreation Facilities, Arenas blowe a@,niagarafalls.on.ca E -Mail Licensee: -6- Nick Nero Festival Of Lights Cheerleading Competition 24 Groves Street Welland, Ontario L3B 4B4 (905) 734 -9518 Phone Email: nick.nero @sympatico.ca 33. Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 34. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severability: 35. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. Compliance with the Law: 36. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 37. The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 38. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 39. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. S:\Arenas \SPECEVEN \AGREE \cheerleading06.wpd -7- Workers' Compensation Act: 40. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c.W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 41. This agreement shall be construed in accordance with the laws of the Province of Ontario. Whole Agreement: 42. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. SIGNED, SEALED AND DELIVERED in the presence of Nicho as A. Nero, carrying on business as Festival of Lights Cheerleading Championship THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R.T. (Ted) Salci, Mayor Dean Iorfida, City Clerk A by -law to delegate to the Regional Municipality of Niagara the power to regulate the destruction or injuring of trees on private lands within the City of Niagara Falls. WHEREAS Section 135(10) of the Municipal Act, S.O. 2001, c.25, as amended provides that the Council of a lower -tier municipality may delegate all or part of its power to pass a by -law respecting the destruction or injuring of trees to its upper -tier municipality with the agreement of the upper -tier municipality; and WHEREAS pursuant to Sections 135(2) of the Municipal Act, S.O. 2001, c. 25, the Regional Municipality of Niagara has passed By -law 47 -2006 being a By -law to prohibit or regulate the harvesting, destruction or injuring of trees in woodlands in the Regional Municipality of Niagara; and WHEREAS Regional By -law 47 -2006 applies to all Woodlands having an area of 1 (one) hectare or more and all Woodlands having an area of less than 1 (one) hectare, upon delegation of such authority by an Area Municipality to the Region; and WHEREAS the Council of the Corporation of the City of Niagara Falls wishes to delegate the authority to regulate the destruction or injuring of Woodlands between 0.2 hectares and up to and including 1 (one) hectare in area on privately owned lands within the City of Niagara Falls to the Regional Municipality of Niagara; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The authority of the Corporation of the City of Niagara Falls to regulate the destruction or injuring of trees in Woodlands that are between 0.2 hectares and 1 hectares in area on privately owned lands within the City of Niagara Falls pursuant to Section 135(10) of the Municipal Act, S.O. 2001, c. 25, as amended, is hereby delegated to the Regional Municipality of Niagara. 2. That this by -law shall come into force on the day upon which it is passed. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: July 10, 2006. July 10, 2006. July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 R.T. (TED) SALCI, MAYOR 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 map constituting Amendment No. 68 to the City of Niagara Falls Official Plan is 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 tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006 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 map, constitute Amendment No. 68 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. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 68" shall be redesignated from Tourist Commercial, in part to Residential and identified as Special Policy Area "49" on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.49 SPECIAL POLICY AREA "49" Special Policy Area "49" applies to 0.65 hectares of land located on the west side of River Road, between Phillip Street and John Street, including River Lane between them. These lands are designated Residential on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 1.7 and in addition to the policies contained in PART 4, Section 4.2, one multi -unit residential development maybe developed on the land having a maximum building height of 29 storeys and 101 meters, measured from the geodetic survey. of Canada elevation of 162.11 meters to the top of the roof, and a maximum of 250 dwelling units, subject to the following policies: (a) The whole 0.65 hectares shall be the minimum lot area, save and except for any part that may be required to be dedicated for the purpose of road widening. (b) The use of River Lane for the purpose of access and establishing a density of the development shall be secured through a long -term lease prior to passage of an amending zoning by -law. (c) The apartment building shall only be located on the portion of the site east of River Lane. The portion of the site west ofRiver Lane shall only be used for landscaping, buffering and an outdoor amenity area. (d) In order to ensure the resolution of traffic and servicing matters and the completion of a microclimate study, the amending by -law shall include a holding symbol "H Prior to the removal of the "H" symbol, the owner shall (e) (f) 2 undertake the necessary studies by qualified experts to facilitate improvements to the road, water supply, stormwater sewer and sanitary sewer and mitigate any wind impacts to the satisfaction of the City and the Regional Municipality of Niagara, and in consultation with the Niagara Parks Commission. The following services, facilities and matters shall be provided under an agreement pursuant to Section 37 of the Planning Act for any development of any portion of the building: (i) the contribution of $500,000 in cash to the City, to be used for the capital facilities of one or more of the following projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the Planning Act or the Development Charges Act: projects approved under the Downtown Community Improvement Plan construction of a recreational trail on the lands of the former Michigan Central Railway between the CBD and Newman Hill Such services, matters and facilities shall be described in the implementing zoning by -law and secured by an agreement prior to the passing of the implementing zoning by -law. In order to provide for the implementation of these policies, the Section 37 agreement and the site plan agreement shall be executed by the applicant and ready for registration on title by the City Solicitor prior to passage of the amending zoning by -law. S:\ OFFICIAL .PLN\AMEND\#68\BODY_68.wpd MAP 1 TO AMENDMENT NO. 68 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendmentu Proposed Change From: Tourist Commercial, in part Proposed Change To: Residential and SPECIAL POLICY AREA "49" jai ii i. 404A44 4$1§4$% §88* A te...... i a% i ii e i i i. i...• ii i i.� i i. i i i i. i a a i. i i i i. i ii.. i .•ii.•i..•....... +i...........! viAgft WoWoNgR ol i r........ +ii..........i.....•i i a i ❖..0.. i... •i. d i. •i b Ias i... a ..•i..•i.•i.•i.•i......0.•i...! k iii.. ...+..•i....tRE4i...........•.! m t x iii •r•...•i.... ii +i. ..•ii.•i i• iiiii ii i ii.ii...b... +i•.•i! iii.i i. ii.i iii+ii...•i... ft •i..•i ..i +i.....•a....•i....•i...•.! ..ii..� iii +iaiiiiiiiii.•iiiii•aii +�S •.ii **********1 i i. •i! iiiiii.�.L•d•.•i.....�•.•i�i.�i •.•i.. ..........r i ce...• iii.• ii• i+ i+ i. O. i iiii• +�•i•�•�•iiii.�.•i•�•� +a +ii�l i� :4 iiii.� iii .•ii :x*::::.•i +iii iia i .:$4 �i.•i.�ii.�iiiii. ..iii te a•.. +..:.ie:.....i•. +iii." i i 0..� i i i O a i •i a i CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MN MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA OPEN SPACE I PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL 1111111 NOTE: This schedule forms part of Amendment No. 68 to the Official Plan for the City of Niagara Falls N 1:NTS AM- 06/2006 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 map constituting Amendment No. 67 to the City of Niagara Falls Official Plan is 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 tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006 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 map, constitute Amendment No. 67 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. MAP CHANGE The "Subject land shown on the map attached hereto, entitled "Map 1 to Amendment No. 67 shall be redesignated from Rural /Agricultural to Good General Agriculture. 2. TEXT CHANGE (I) POLICIES PART 2, SECTION 7 GOOD GENERAL AGRICULTURE, is hereby amended by deleting section 7 in its entirety and replacing it with the following: SECTION 7 GOOD GENERAL AGRICULTURE PREAMBLE The lands within the Good General Agriculture area of the Municipality represent a blend of agricultural uses and natural areas. The area boasts a wide range of active agricultural uses including tender fruit and vineyards, vegetable and field crops, hay and pasture and livestock operations. This area is also characterized by some limited non agricultural, recreational and agriculturally related uses. Interspersed with the agricultural uses are natural areas including creeks, wetlands and woodlots. It is the intent of this Plan to protect the continuation of farming operations, restrict the establishment of non -farm uses and minimize land use conflicts in favour of agriculture wherever possible while protecting the natural environment. 7.1 The predominant use of land in the Good General Agriculture Area will be for agriculture of all types including crop farming, tender fruit and vineyards, dairy farming, livestock operations, nurseries, and intensive greenhouse as well as forestry, conservation uses and farm related residential dwellings. Uses of land not related to agricultural uses will not be permitted in the Good General Agriculture Area except as provided for in this Plan. 7.2 Small -scale commercial and industrial uses maybe considered where such uses are directly related to and require close proximity to the agricultural area which they serve if it is not possible to locate these uses in designated Rural or Urban Areas. Such uses will be encouraged to locate where the impact on adjacent uses is minimal and shall be implemented through a site specific zoning amendment within which site design details and limits on the floor space area provisions can be established. 2 7.3 Uses of land not related to agricultural uses are not permitted in the Good General Agriculture Area. However, Council may consider a site specific amendment to this Plan for a non agricultural use where it has been demonstrated that the use cannot be accommodated in a non agricultural designation. In addition, the siting of a non agricultural use shall be supported by qualified evidence demonstrating matters of poor soil capability, suitability of the site for the proposed development, no disruption of natural areas, effects on adjacent properties and financial impact on the City. All non agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the extent of the use and mitigate any impact the use may have on adjacent lands. 7.4 Ancillary uses to the agricultural or residential use of lands within the Good General Agriculture Designation such as a home industry or uses ancillary to a residential dwelling such as a home occupation or a bed and breakfast facility can offer financial assistance to land owners in the agricultural area and, in the case of bed and breakfast facilities, provide an alternative form of accommodation for the City's tourism industry. These uses may be permitted where it can be demonstrated that they are compatible with and retain the agricultural, rural or rural residential character of the Good General Agriculture Area. To ensure compatibility, the ancillary uses shall remain designated and zoned for agricultural or rural purposes and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding agricultural uses in terms of noxious odours, noise or traffic and shall provide adequate on -site parking as outlined in the City's Zoning By- law. The severance of an ancillary use is not permitted. In addition to the above: A home industry shall be small in scale and remain secondary to the agricultural or residential use of the property and shall be subject to a site specific zoning by -law amendment. (ii) A home occupation or a bed and breakfast facility shall be carried on entirely within the residence and remain ancillary to the residential use of the property. (i) (iii) Bed and breakfast facilities shall be operated by a permanent resident of the dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by-law amendment as to their location, size.and- traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. 3 7.5 Nothing in this Plan will prohibit the continued operation of legal non conforming uses in the Good General Agriculture Area. The expansion or enlargement of such uses may also be permitted subject to compliance with the following criteria and Part 4, Section 6 of this Plan. 7.5.1 The expansion/enlargement is considered to be minor in nature having minimum detrimental impact to surrounding uses. 7.5.2 The expansion/enlargement complies with the Minimum Distance Separation Formula or 305 metres, whichever is the greater, in order to ensure such development is suitably separated from any surrounding livestock operations. 7.5.3 The suitability of the expansion/enlargement is reviewed by the Regional Public Health Department and/or the Ministry of the Environment with respect to the provision of water and private waste disposal systems. 7.5.4 The expansion/enlargement will not interfere with wetlands, designated woodlots, watercourses and farm drainage systems. 7.5.5 The expansion/enlargement is desirable for the appropriate development or use of the land, building or structure and also maintains the general purpose and intent of the Official Plan and Zoning By -law. 7.6 All development will be expected to depend on private waste disposal systems and private water supply in accordance with the requirements of the Regional Public Health Department and/or the Ministry of the Environment. Municipal sewers or water supply will not be provided within the Good General Agriculture Area except where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. 7.7 The municipality recognizes its role in preserving the agricultural resource base. To every extent possible, the municipality will participate in the policy initiatives and programs of other levels of government aimed at supporting farmers by encouraging new and maintaining existing viable farm operations. In this regard, Council shall promote good farming practices by encouraging vegetative strips along stream banks on plowed fields, crop rotation and topsoil preservation. Notwithstanding the Good General Agriculture designation of this Plan two existing golf courses located in the northwest portion of the City area hereby recognized as permitted uses. These golf courses are located on Garner Road through to Beechwood Road and south to Lundy's Lane and on Beaverdams Road from Beechwood through to Townline Road. 4 7.9 In order to maintain and improve agricultural operations, every attempt will be made to encourage the retention and creation of farm units of an appropriate size for the proposed farm use through the following: 7.9.1 The consolidation of small farm parcels into larger units will be promoted. 7.9.2 The establishment of additional permanent or portable farm- related residential dwellings will be permitted without severance for family members or farm help working full time on the farm, subject to a zoning by -law amendment. These dwellings may only be permitted on farms which are of a nature that additional help is required and that this assistance needs to be located close by the farm. 7.9.3 Severances will be restricted to avoid the fragmentation of farmland and creation of non viable farm parcels. Severances will be in accordance with Part 4, Section 8 of this Plan. PART 4, SECTION 8 LAND DIVISION COMMITTEE, is hereby amended by deleting subsection 8.2 and replacing it with the following: 8.2 CONSENT POLICIES FOR GOOD GENERAL AGRICULTURE AREAS 8.2.1 A consent may be permitted for a minor boundary adjustment, easement or right -of -way provided it conforms with other policies of the Plan and does not create a separate lot for a residential dwelling. 8.2.2 Consent may be permitted for a parcel to be conveyed to and merged on title with adjoining lands on which there is an existing farm operation and the remnant parcel is large enough to support a viable farm operation that is of a size that is appropriate and common in the area. 8.2.3 Consent to sever a lot with an existing house considered surplus to the needs of a farm operation may be considered where more than one permanent farm dwelling built before 1990 exists on one lot or where two or more farms have been amalgamated under one ownership provided that: the remnant parcel of farmland remains an appropriate size to function as part of the overall farm operation; a farm dwelling for the farm operation remain on a parcel that is owned by the farm operation; and that a vacant farm parcel created by the consent is rezoned to preclude new residential development. In addition, the surplus dwelling must be capable ofhuman habitation and meet the standards of the City's Maintenance and Occupancy Standards By -law. 5 8.2.4 Residential severances permitted under Policy 8.2.3 will be carefully sited so as to reduce their effect on existing farm operations, minimize the amount of agricultural land taken out of production, ensure no disruption to natural features, and allow the lots as well as existing neighbouring lots to properly function on private services. The maximum size of a lot shall be 0.4 hectares except to the extent of any additional area deemed necessary to support a well and private sewage disposal system as determined by the Regional Public Health Department and/or the Ministry of the Environment. Such development must also satisfy the following criteria. 8.2.4.1 In order to minimize land use conflicts in the Good General Agriculture Area, new or expanding livestock operations and non -farm uses on either existing lots of record or proposed new lots will be appropriately separated from each other in accordance with the Minimum Distance Separation Formula or 304.8 metres, whichever is the greater. New dwellings on existing lots of record must only comply with the Minimum Distance Separation Formula. 8.2.4.2 Severances shall be located at the corners of existing farm holdings or between established residences, wherever possible. 8.2.4.3 Any new lot created will be required to have sufficient frontage on an improved public road in accordance with the implementing zoning by -law. 8.2.4.4 The size of any lot created shall be sufficient to achieve the long -term functioning of a private waste disposal system and avoid any future negative effects on the ground water system. A minimum of 0.4 hectares of land should be outside the flood risk area for any new lot. Adequate provisions shall be made for private water supply and waste disposal systems in accordance with the Regional Public Health Department and/or the Ministry of the Environment. 8.2.4.5 The severance of land will not interfere with wetlands, woodlots, watercourse or farm drainage systems and any new lot created shall have sufficient area to construct a dwelling, accessory structures and an associated private waste, dtsposal.system without a negative impact on such natural features. Where such features exist, the creation of the lot shall be subject to an Environmental Impact Study to address the extent of impact and possible mitigation tools. 6 8.2.4.6 Where an application for consent results in the creation of a new single residential lot within an existing development cluster of 5 or more lots, a hydrogeological report that evaluates on -site and off site impacts, water quality and water quantity may be required to confirm the suitability of the site for private servicing and to evaluate the impact of the proposed new lot on the servicing of the adjacent existing lots. The report shall be prepared and signed by a qualified professional and submitted with the development application. 8.2.5 Consent to convey a farm parcel may be permitted provided that the resulting parcels are both for agricultural use and the size of the resulting farm parcels: a) are appropriate for the farming activities proposed; b) are suited to the particular location and common in the area; and c) provide some flexibility for changes in the agricultural operation. The foregoing includes small lot severances for greenhouses and other intensive forms of agriculture subject to the condition that any new dwellings on the property are allowed only after the greenhouse and other farm buildings have been constructed or substantially completed. It is important that small lot severances for intensive agricultural uses such as greenhouse operations be of a sufficient size so that these uses have ample room for future expansion. 8.2.6 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 but shall not include waste disposal sites, waste transfer stations or recycling facilities. MAP 1 TO AMENDMENT NO. 67 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment The proposed designations replace the "Rural /Agricultural" designation of the current Official Plan only and do not affect any other designations such as "Environmental Protection Area or "Open Space" or Special Policy Areas. Proposed Change: Rural /Agricultural to Good General Agriculture ti, ►.rrr.�_ p .1.rs ■111 _c CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN Official Plan ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL eWe e 10 40 0 NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 67 to the Official Plan for the City of Niagara Falls and it must he read in enniunetinn with the written text 1:NTS AM- 08/2006 Passed this tenth day of July, 2006. First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 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 map constituting Amendment No. 66 to the City of Niagara Falls Official Plan is 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. 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 map, constitute Amendment No. 66 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. MAP CHANGE Area #1 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Residential and Deferred Rural /Agricultural to Open Space on Schedule "A" of the Official Plan. Area #2 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Deferred Rural/Agricultural to Estate Residential on Schedule "A" of the Official Plan. Area #3 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Deferred Rural/Agriculture to Good General Agricultural on Schedule "A" of the Official Plan. Area #4 shown on "Map 1 to Official Plan Amendment No. 66" shall be identified as SPECIAL POLICY AREA "8" on Schedule "A" of the Official Plan. 2. TEXT CHANGE (i) PART 2, SECTION 8 RURAL /AGRICULTURAL, is hereby deleted in its entirety and replaced with the following: SECTION 8 ESTATE RESIDENTIAL POLICIES PREAMBLE The policies of this section govern the lands designated Estate Residential on Schedule "A The intent of these policies is to provide large lot development on private services that is planned and to control and guide limited residential development that is rural in character and is compatible with the surrounding natural features and open space in terms of lot area, density, setbacks, road patterns and servicing. Policies 8.1 The objective is to permit Estate Residential development within the area designated on Schedule "A and in a form that is not a typical small -lot, urban development. 8.2 Estate residential development shall take place through site specific amendment to the Zoning By -law and by plan of subdivision. Development is encouraged to be planned on as large and comprehensive basis as possible having regard to adjacent properties in order to protect natural areas and to provide for properly designed storm water management facilities and internal road systems. 8.3 Developers shall make every effort to consolidate all available lands into a plan of subdivision. In rare situations, there may occur parcels of land that fall outside of lands that are within a plan of subdivision. Such lands that cannot be incorporated into a plan of subdivision may be severed through individual consents provided the lots that are to be created are compatible with the natural environment and surrounding uses and comply with the policies of subsection 8.5. 8.4 Single detached dwellings and accessory buildings that are customarily associated with single detached dwellings only are permitted within the Estate Residential designation. 8.5 In order to preserve the rural character of the area and the natural environment, subdivisions shall be designed to be consistent with the following: 8.5.1 The minimum area for individual lots shall be 1.0 hectare. Subdivisions should contain a range in lot sizes, with larger lots utilized to protect woodlots, creeks and other natural areas and to provide a varied streetscape. The minimum lot frontage shall be 100 metres. 8.5.2 Subdivisions shall be developed with internal road systems so as to avoid strip development along rural roads. Generally, reverse lot frontage shall not be permitted, or where buildings are to be located along existing, non internal roads they shall have generous setbacks and integrate with the landscape. 8.5.3 Development shall be designed to preserve and enhance wetlands, wood lots, drainage courses and floodplains. In this regard, development and site alteration may be permitted on lands adjacent to Environmental Protection Areas and other lands of significant natural heritage where it can be demonstrated that any adverse impact of such development can be avoided or satisfactorily mitigated. Complete planning applications shall include an Environmental Impact Study (EIS) prepared by a qualified person..;;: 8.5.4 Subdivisions shall be designed and constructed to ensure the long term health and protection of the natural environment and shall provide the required Minimum Distance Separation (MDS) with respect to agricultural operations within the adjacent Good General Agricultural area. Moreover, lot sizes should be increased at the periphery of the Estate Residential area, and dwellings sited, such that farming operations within the Good General Agriculture area may establish, continue or expand. Hedgerows should be used instead of fencing to delineate property boundaries, where possible, to provide natural space linkages and wildlife corridors. Placement of buildings and driveways shall be regulated so as not to adversely impact natural buffers. Conservation easements may be used as a means to secure long term protection of natural features. 8.6 The extension of municipal water or sewage services to the Estate Residential area is neither appropriate nor contemplated by this Plan. Only development that is sustainable on private services over the long term shall be considered. 8.6.1 Individual on -site sewage services and individual on -site water services shall require approval from the Regional Public Health Services Department. As part of an application for a plan of subdivision a report shall be provided, to the satisfaction of the Regional Public Health Services Department, prepared by a qualified person, that demonstrates: (a) the adequacy and safety of individual on -site water services; (b) the long -term sustainability of individual on -site sewage services; and (c) the protection of human health and the natural environment. 8.6.2 Application for estate residential development shall be accompanied by: (a) a storm water drainage plan that illustrates the management of surface water runoff; or (b) a Master Grade Control Plan, designed to the satisfaction of the Director of Municipal Works, for any application for a plan of subdivision; and (c) a stormwater management plan that may be required as part of an application for subdivision by the Director of Municipal Works. 8.6.3 The design of storm water management features shall serve to protect the natural environment and not negatively impact any individual on- site sewage services or individual on -site water services or adjacent lands. 8.7 Traffic impact studies maybe required as part of any planning application in order to access any impacts on the surrounding road network. 8.8 Home occupations, including bed and breakfast facilities, shall be permitted by site specific Zoning By -law amendment as ancillary uses to a residence where it can be demonstrated that they are compatible with and retain the rural character of the Estate Residential area. To ensure compatibility the ancillary uses shall remain designated and zoned Estate Residential and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding residential uses in terms of noxious odours, noise or traffic and shall provide adequate on -site parking as outlined in the City's Zoning By -law. The severance of an ancillary use is not permitted. In addition to the above: (a) A home occupation or a bed and breakfast facility shall be carried on within the residence and remain ancillary to the residential use of the property. (b) Bed and breakfast facilities shall be operated by a permanent resident of the dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by -law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. ii) PART 2, SECTION 14 SPECIAL POLICY AREAS, Special Policy Area "8" is hereby deleted in its entirety and replaced with the following text: 14.8 SPECIAL POLICY AREA "8" Special Policy Area 8 applies to the lands south of the Urban Area Boundary to Ussher's Creek and east of the QEW and to the lands surrounding the Sodom Road/QEW interchange. These lands are to be studied as part of Regional Niagara's Growth Management Study to determine if they are appropriate in the long range for urban development. Notwithstanding, the lands at the Sodom Road/QEW interchange, in the vicinity of the existing airstrip, will continue to be considered for the manufacturing of components as well as technological and research facilities related to the aerospace industry. Additional uses related to and complementary to aerospace industries shall be permitted as ancillary uses. Development shall be subject to an Official Plan amendment phased through amendments to the Zoning By -law and commensurate with approval of appropriate sewage disposal systems and potable water supplies. iii) PART 4,. SECTION 8.3 CONSENT POLICIES FOR RURAL/AGRICULTURAL AREAS'is hereby deleted in its entirety. Area Affected by this Amendments The proposed designations replace the "Rural /Agricultural" and "Residential" designation of the current Offidal Plan only and do not affect any other designations such as "Environmental Protection Area or "Open Space" or Spedal Policy Areas. LAOIS Request0200AScheduksWP Am eaihnentst66 sod- 67.msp MAP 1 TO AMENDMENT NO. 66 SCHEDULE A TO THE OFFICIAL PLAN Proposed Changes: Area 1 Residential and Rural/Agricultural to Open Space Area 2 Rural /Agricultural to Estate Residential Area 3 Rural/Agricultural to Good General Agricultural Area 4 ADD SPECIAL POLICY AREA #8 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN Official Plan MI ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE f 4 INDUSTRIAL MAJOR COMMERCIAL 7 MINOR COMMERCIAL •0$ s NIAGARA ESCARPMENT PLAN AREA ;4rk;;ti;v OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL g (6, RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 66 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. 1:NTS AM- 12/2006 lune 2006 A by -law to amend By -law No. 70 -69, to permit an addition to the existing dwelling and to recognize an addition to the existing garage. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. None of the provisions of By -law No.70 -69 shall apply to prevent the construction of a 27 square metre addition and a 22 square metre deck onto the rear of the existing single detached dwelling provided that they are a minimum of 6 metres from the westerly property line, 25 metres from the southerly property line and 16 metres from the easterly property line, and the existing accessory building from having a maximum floor area of 115 square metres on the land on the south side of Netherby Road and being Part of Township Lot 7, Concession 5, more specifically known as Part 1 according to Reference Plan 59R -6862, in the former Township of Humberstone, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched on the plan Schedule 1, attached to and forming part of this by -law. 2. By -law No. 2004 -13 is repealed. Passed this tenth day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: July 10, 2006 Second Reading: July 10, 2006 Third Reading: July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006- SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Applicant: Jacqueline Vincelette Assessment 272515000101600 cn 0 -1 c rn rn Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 7, Concession 5, more specifically known as Part 1 according to Reference Plan 59R -6862, in the former Township of Humberstone, now in the City of Niagara Falls, 'the Regional Municipality of Niagara N s 1:NTS AM- 15/2006 A by -law to amend By -law No. 79 -200, to permit the development of a townhouse complex on the east side of Mewburn Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B2 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from DH to R4 and numbered 749, the land on the east side of Mewbum Road, being Part of Township Lot 35, in the former Township of Stamford, more specifically known as Part 1 according to Reference Plan 59R -5511, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R4 and numbered 749 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31, 7.9.1, 7.9.2 and 7.9.3 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 R4 and numbered 749 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of 2 on- street townhouse dwellings and 4 townhouse dwellings, each containing no more than 8 dwelling units, and accessory buildings and structures, and except in compliance with the following regulations: (a) Regulations (b) Minimum lot area (c) Maximum number of dwelling units 28 (d) Minimum yard depths CITY OF NIAGARA FALLS By -law No. 2006- (i) between the rear exterior wall 7.5 metres of any dwelling unit and any property line and any other dwelling unit for the purpose of determining compliance with clauses (b) through to and including (1) of this section of this by -law and all other provisions of By- law No. 79 -200, all the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 749 on the plan Schedule 1 attached hereto, shall be considered one parcel the whole of the land shown hatched and designated R4 and numbered 749 on the plan Schedule 1 attached hereto (g) (h) Decks (i) -2- (ii) between the side exterior wall of any dwelling unit and any property line (iii) between the side exterior wall of any dwelling unit and an internal road (iv) between the front exterior wall of any dwelling unit and an internal road (v) between the front exterior wall of a garage and an internal road Maximum lot coverage Maximum height of building or structure other than an accessory building or structure Parking and access requirements Accessory buildings and accessory structures (j) (k) Minimum building separation Minimum landscaped open space (i) between two exterior walls facing each other and neither of which contains a window for any habitable room 3 metres 1.2 metres 4.5 metres 6 metres 45% 10 metres subject to section 4.7 of By- law No. 79 -200 in accordance with section 4.19.1 of By -law No. 79 -200 each dwelling unit may have an elevated deck, not covered by a roof, which may project into a required yard between the rear exterior wall and any property line and any other dwelling unit, a distance of not more than 3.1 metres and not withstanding the provisions of section 2.31.3 of By -law No. 79 -200 shall not be counted as lot coverage in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 40% of the lot area 2.4 metres -3- (ii) between two exterior walls facing each other and one of which contains one or more windows for a habitable room or rooms (iii) between two exterior walls facing each other and both of which contain windows for habitable rooms 7.5 metres 7.5 metres (1) Minimum number of garages 1 per dwelling unit 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.749 Passed this tenth day of July, 2006. First Reading: Second Reading: Third Reading: Notwithstanding the provisions of sections 2.31, 7.9.1, 7.9.2 and 7.9.3 of By- law No. 79 -200, no person shall use the land on the east side of Mewburn Road, designated R4 and numbered 749 on Sheet B2 of Schedule "A" or erect or use any building or structure thereon, except for the purpose of 2 on- street townhouse dwellings and 4 townhouse dwellings, each containing no more than 8 dwelling units, and accessory buildings and structures, and except in compliance with By -law No. 2006- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR July 10, 2006 July 10, 2006 July 10, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: 3 Amending Zoning By -law No. 79 -200 Part of Township Lot 35, in the former Township of Stamford, more specifically known as Part 1 according to Reference Plan 59R -5511, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Klein Building Company Ltd. Assessment 272504001605300 K: \GIS Requests\ 2006\ Schedules \ZoningAM\AM- 16 \mapping.map 1223 M 1111111111 hIne lieWk —tea, i GREEN BOUGHS RD 1:NTS AM- 16/2006 June 2006 Passed this tenth day of July, 2006. First Reading Second Reading Third Reading July 10, 2006 July 10, 2006 July10, 2006 CITY OF NIAGARA FALLS By -law No. 2006- A by -law under section 30.1 of the Ontario Heritage Act, R.S.O. 1990 to amend By -law No. 2000- 45 being a by -law to designate the Strickler Danner House located at 12549 Niagara River Parkway as a building of cultural heritage value; WHEREAS By -law No. 2000 -45 designated the property located at 12549 Niagara River Parkway to be of cultural heritage value; AND WHEREAS it is deemed necessary to correct the legal description of the aforementioned property; AND WHEREAS notice of the amendment was served on the owner of the designated property and no notice of objection was filed within the 30 day period; AND WHEREAS Council has consulted with the Municipal Heritage Committee, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law 2000 -45 be amended to read Lot 713 Plan 338 Willoughby; Lot 714 Plan 338 Willoughby; Lot 715 Plan 338 Willoughby; Lot 716 Plan 338 Willoughby; Lot 717 Plan 338 Willoughby; Lot 725 Plan 338 Willoughby; Lot 726 Plan 338 Willoughby; Lot 727 Plan 338 Willoughby; Lot 728 Plan 338 Willoughby; Lot 729 Plan 338 Willoughby; Part Lot 718 Plan 338 Willoughby; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. That By -law No. 2000 -45 be amended by deleting Schedule "A" thereto and substituting Schedule "A" attached hereto. 3. The City Solicitor is hereby authorized to cause a copy of this amending by -law to be served upon the owner of the property and upon the Ontario Heritage Trust. 4. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. This By -law shall be final and come into force on the day of passing. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR SCHEDULE "A" to By -law No. 2006 Lot 713 Plan 338 Willoughby; Lot 714 Plan 338 Willoughby; Lot 715 Plan 338 Willoughby; Lot 716 Plan 338 Willoughby; Lot 717 Plan 338 Willoughby; Lot 725 Plan 338 Willoughby; Lot 726 Plan 338 Willoughby; Lot 727 Plan 338 Willoughby; Lot 728 Plan 338 Willoughby; Lot 729 Plan 338 Willoughby; Part Lot 718 Plan 338 Willoughby; in the City of Niagara Falls, in the Regional Municipality of Niagara. The Mayor and Clerk are hereby authorized to execute this Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities and the Corporation of the City of Niagara Falls as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this tenth day of July, 2006 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006 SCHEDULE'! This Agreement made in duplicate as of day of 2006. AND: MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL PUBLIC TRANSIT FUNDS BETWEEN: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as "AMO THE CORPORATION OF City of Niagara Falls (referred to herein as the "Recipient WHEREAS Ontario municipalities recognize that all governments must work together collaboratively and in harmony to ensure that investments in communities are strategic, purposeful and forward- looking. WHEREAS this Agreement includes the specific provisions on the utilization of the transfer of federal funds for public transit infrastructure to primarily support environmental sustainability objectives. WHEREAS Ontario municipalities agree that open communication with the public will best serve the right of Canadians to transparency, public accountability, and full information about the benefits of these investments in communities. WHEREAS the Recipient wishes to enter into this Agreement in order to participate in the transfer of federal public transit funds. WHEREAS AMO is carrying out the fund administration and coordinating role as is obligated in the Canada Ontario -AMO -City of Toronto Agreement on the Transfer of Federal Public Transit Funds to undertake certain activities and requires Recipients to undertake activities as set out in the Agreement. THEREFORE the Parties agree as follows: Federal Public Transit Funds 1. DEFINITIONS AND INTERPRETATION Federal Public Transit Funds 1.1. Definitions. When used in this Agreement(including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Agreement" means this Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Annual Expenditure Report" means the written annual report to be prepared and delivered to AMO as set out in Section 7.1 hereto. Association of Municipalities of Ontario (AMO)" means a legally incorporated-entity under the Corporations Act (Ontario). "Audit Statement" means a written audit statement to be prepared and delivered to AMO as set out in Section 7.1 hereto. "Base Amount" means the total capital spending on Public Transit Infrastructure by the Recipient in the period January 1, 2000 to December 31, 2004 less monies raised under the Development Charges Act, 1997 (Ontario) and received under Infrastructure Programs. "Canada" means Her Majesty in Right of Canada represented by the Minister of Transport, Infrastructure and Communities as Minister Responsible for the Office of Infrastructure Canada. "Eligible Costs" means those costs described in Schedule B attached hereto, incurred in respect of Eligible Projects. "Eligible Projects" means Public Transit Infrastructure projects as defined in Section 4.1 hereto. "Eligible Recipient" means: 1. a Municipality, whether operating directly or indirectly through a local board (including its wholly owned corporation such as a transit agency), or its duly authorized agent that provides transit service; ii. a public entity that provides transit service; iii. a non municipal entity, on the condition that the Municipa//tywhere the proposed project would: be housed has indicated support for the project through a formal resolution of its council. A non municipal entity is defined as: Federal Public Transit Funds for profit organizations, or non- governmental organizations, or not for profit organizations. Federal and Ontario entities in the form of departments, corporations and agencies are not eligible recipients, except where an Ontario .department, crown corporation or other entity provides core municipal services within the jurisdiction of the Municipalityand the Municipalityagrees that the province or the provincial department, crown corporation or other entity should be the recipient of the funding for an Eligible Project. "Event of Default" has the meaning given to it in Section 12.1 of this Agreement. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "Funds" mean the Funds made available pursuant to this Agreementand includes any interest earned on the said Funds. "Infrastructure Program" means Canada's infrastructure programs in existence at the time of the execution of this Agreement including: The. Canada Strategic Infrastructure Fund, The Border Infrastructure Fund, The Municipal Rural Infrastructure Fund, The Infrastructure Canada Program and The Gas Tax Transfer Agreement program. "Municipal Fiscal Year" means the period beginning January 1 of a year and ending December 31 of the same year. "Municipality" means every municipality as defined in the Municipal Act, 2001 (Ontario). "Outcomes Report" means a written report prepared by the Recipient which reports on the outputs and outcomes of the use of the Funds according to Section 7.2 hereto. "Oversight Committee" means the committee established to manage the implementation of the Canada Ontario -AMO -City of Toronto Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities. "P es means AMO and the Recipient. "Public Transit Infrastructure" means tangible capital assets in Ontario primarily for public use or benefit owned by an Eligible Recipientthat: 1. improve the quality of the environment and contribute to reduced greenhouse gas emissions, or clean air; and ii. fall within the category of projects described in section 4.1 hereto. "Recipient" has the meaning given to it on the first page of this Agreement. "Third Party" means any person, other than a Partyto this Agreement that participates in the implementation of an Eligible Project. "Transit Ridership Growth Plan" means a comprehensive transit strategy for increasing transit ridership in a sustainable fashion, including growth management and ridership incentives, transportation demand management, service quality improvements, transit system capacity enhancement, pricing, marketing and education initiatives required by the Province of Ontario for funding under the "Dedicated Gas Tax Funds for Public Transportation Program "Transit Asset Management Plan" means a ten -year municipal transit asset management plan that requires, at minimum, an inventory of existing transit fleets, a ten -year fleet plan that includes refurbishment, replacement and expansion, a maintenance plan and estimated costs and funding sources, as required of municipalities by the Province of Ontario for funding under the "Dedicated Gas Tax Funds for Public Transportation Program 12. Interpretations: 4 Federal Public Transit Funds Herein, etc. The words "herein "hereof" and "hereunder" and other words of similar import refer to this Agreementas a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement. Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Statutes. Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect a nd to an statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 2. TERM OF AGREEMENT 3. RECIPIENTREQUIREMENTS 5 Federal Public Transit Funds Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 2.1.Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreementshall. in effect from the date set out on the first page of this Agreement, up to and including March 31, 2015. 2.2. Notice. Any Party may terminate this Agreement on thirty (30) days written notice. 2.3. End of Funds Notwithstanding anything in this Agreement and regardless of the Eligible Projects state of completion, AMO shall not be obligated to provide Funds under this Agreement beyond those identified in Schedule A attached hereto. 3.1.The Recipient agrees to undertake and: a. submit to AMO the completed Transit Ridership Growth Plan and a Transit Asset Management Plan as required by the province under the "Dedicated Gas Tax Funds for Public Transportation Program" by December 1, 2006. b. ensure that the Fundswill result in net incremental capital spending on Public Transit Infrastructure; c. ensure that there is no reduction in capital funding provided by municipalities for Public Transit Infrastructure. In the case of Recipientsthat are Municipalities in excess of 100,000 in population, ensure that over the period of April 1, 2005 to March 31, 2010 the Recipients capital spending on Public Transit Infrastructure will not fall below its Base Amount d. ensure any of its contracts for the supply of services or materials to implement its responsibilities under this Agreementwill be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy; e. in the case where a Municipa/itywishes' utilize these Funds for Eligible Projects to enhance the security of its infrastructure, the Municipality must provide evidence that these Eligible Projects satisfy the applicable conditions and requirements including cost sharing, stacking and limits to federal participation imposed by Transport Canada for such federally funded security projects, including those established under Transport Canada's Passenger Rail and Mass Transit Security Contribution Program; and, f. where projects result in emissions reductions that can earn offset credits (as per the Offsets System being proposed by the Government of Canada), the municipality shall attribute the appropriate share of the ownership to Canada (based Canada's contribution to the total project funding). 4. ELIGIBLE PROJECTS Federal Public Transit Funds 4.1. Eligible Projects. Public Transit Infrastructure projects include the following examples: 1. Rapid Transit Infrastructure light rail, heavy rail additions, subways, transit stations, park and ride facilities, grade separated bus lanes and rail lines; ii. Rolling Stock: buses (including hybrids, diesel, natural gas, and fuel cell buses), light and heavy rail cars, trolleys, ferries; iii. Intelligent Transport System (ITS): fare collection, passenger information, maintenance, propulsion and communications technologies, transit priority signalling, passenger and traffic information and transit operation systems, including technology that enhance safety and security of operations; iv. Related Capital Infrastructure: transit queue jumpers and High Occupancy Vehicle (HOV) lanes, storage and maintenance facilities, terminals, bus loading bays and road rehabilitation for bus lanes only; v. Active transportation infrastructure: bike lanes; and, vi. Para transit: rolling stock, fixed capital assets and systems. 5. ELIGIBLE COSTS 5.1. Eligible Costs In order for cost to be eligible for Funds pursuant to this Agreementthe cost must be in accordance with Schedule B. 5.2. Discretion of Canada. Subject to Section 5.1, the eligibility of any items not listed in Schedule B to this Agreement is solely the discretion of Canada. 6 5.3. Reasonable Access. The Rec/pientshall permit Canada reasonable access to all records relating to all Eligible Projects that have received Funds. 5.4. Retention of Receipts. The Recipientshall retain all evidence (such as invoices, receipts, etc.) of payments related to Eligible Costs and such supporting documentation must be available to Canada when requested and maintained by the Recipientfor audit purposes until March 31, 2018. 6. FUNDS Federal Public Transit Funds 6.1. Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Costs in respect of Eligible Projects. 6.2. Schedule of payout of Funds. The Recipient has agreed that all Funds are to be transferred by AMO electronically to the Recipient once this Agreementhas been signed. More specifically on the basis set out in Schedule A. 6.3. Reserve Account. The Recipient's permitted to carry over unexpended Funds from the year received into subsequent years in a reserve account. The Recipient shall ensure: a. Any investment of unexpended Funds be in accordance with Ontario law and the Recipients investment policy; and, b. Any interest earned on Funds be only applied to Eligible Costs on Eligible Projects or to eligible administration costs on the basis set out in Schedule B. 6.4. Funds advanced. Subject to section 6.5 if Funds advanced by AMO to the Rec/pientare not paid by the Recipient in respect of Eligible Costs by March 31, 2010 the Funds shall be deemed to constitute a debt to AMO, and unless otherwise agreed in writing in advance with Canada, AMO shall take steps to recover the unspent Funds. 6.5. Expenditure of Funds. The Recipientshall expend all Funds by March 31, 2010. 6.6. GST. The use of Funds is based on the net amount of goods and services tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable rebates. 7 6.7. Limit on Canada's Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100 of Eligible Costs of an Eligible Project. However, if the Recipient is receiving money under an Infrastructure Program in respect of an Eligible Project to which the Recipientwishes to apply Funds, the maximum federal contribution limitation set out in any Infrastructure Program contribution agreement made in respect of that Eligible Projectshall continue to apply. 6.8. Insufficient funds provided by Canada. If Canada does not provide sufficient funds to continue the Funds for any Fiscal Year during which this Agreement is in effect, AMO may terminate this Agreement in accordance with the terms specified in Section 2.2 of this Agreement. 7. REPORTING REQUIREMENTS Federal Public Transit Funds 7.1. Annual Expenditure Report. The Recipient shall report in the form. in Schedule C hereto due by March 31 following the Municipal Fiscal Year on: a. the amounts received from AMO under this Agreement in respect of the previous Municipal Fiscal Year; b. amounts paid by the Recipient in aggregate for Eligible Projects, c. amounts held at year end by the Rec/pient in aggregate, including interest, to pay for Eligible Projects, d. indicate in a narrative the progress that the Recipient has made in meeting its commitments and contributions; e. a listing of all Eligible Projects that have been funded, indicating the location, investment category, amount of Funds, nature of the investment and expected outcomes, as identified in Schedule D; and, f. an annual Audit Statementprepared by the Recipients auditor in accordance with section 5815 of the Canadian Institute of Chartered Accountants Handbook Special Reports Audit Reports on Compliance With Agreements, Statutes and Regulations, providing assurance that the terms of the Agreement have been adhered to and Funds received by the Recipient have been spent in accordance with the Agreement. 7.2. Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Reportto be submitted to AMO and to be made available publicly in a manner consistent with financial reporting_ under the Municipa/Act, 2001 S.O. 2001 c.25. 8 Federal Public Transit Funds 9. RECORDS AND AUDIT a. The Outcomes Reportwill report in writing on the cumulative investments made, in a manner to be provided by AMO, including information on the degree to which these investments have actually contributed to the objectives of cleaner air and reduced greenhouse gas emissions. 8. OTHER REQUIREMENTS 8.1. Public Sector Accounting Board. The Recipientacknowledges and agrees that prior to March 31, 2010, the Recipientwill adopt and use the accounting rules of the Public Sector Accounting Board, in accordance with provincial regulations. 9.1.Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended from time to time by the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent basis. 9.2.Separate Records. The Recipient maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Eligible Projects that Funds are paid in respect of until March 31, 2018. Upon reasonable notice, the Recipientshall submit all records and documentation relating to the Fundsto Canada for inspection or audit. 9.3. External Auditor. Canada may request, upon written notification and AMO has agreed, to complete and provide to Canada an audit of Eligible Project. AMO shall require the assistance of an external auditor to carry out an audit of the material referred to in Section 9.2 of this Agreement. If so, the Recipientshall, upon request, retain an external auditor acceptable to Canada and AMO at the Recipients sole expense. The Recipientshall ensure that any auditor who conducts an audit pursuant to this section of this Agreement or otherwise, provides a copy of the audit report to AMO and Canada at the same time that the audit report is given to the Recipient 9 10.INSURANCE AND INDEMNITY 10 Federal Public Transit Funds 10.1.Insurance. The Rec/pientshall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the period during which this Agreement is in effect all the necessary insurance that would be considered appropriate for a prudent Recipient of this type undertaking a project similar to the Eligible Projects, including, where appropriate and without limitation, property, construction and errors and omissions insurance and identifies Canada and AMO as additional insured for the purposes of the Eligible Projects only. 10:2.Certificates of Insurance. Throughout the term of this Agreement, the Recipientshall provide AMO with a valid certificate of insurance that confirms the requirements of Section 10.1. 10.3.AMO and Canada not liable. In no event shall AMO and Canada be liable for: a. Any bodily injury, death or property damages to the Recipient, its employees, agents or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents or consultants, arising out of or in any way related to this Agreement nor b. Any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient; its employees, agents or consultants arising out of any or in any way related to this Agreement. 10.4.Recipientto Indemnify. The Recipient agrees to indemnify and hold harmless Canada and AMO, its officers, servants, employees or agents, from and against all claims and demands, Toss, costs, damages, actions, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon, or occasioned by any injury to persons, damage to or loss or destruction of property, economic Toss or infringement of rights caused by or arising directly or indirectly from: a. the Recipients Eligible Projects, b. the performance of this Agreementor the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a Third Party, its officers, employees, or agents; c. the performance of this Agreementor the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a Third Party, its officers, employees, agents. Where Eligible Project asset is sold, leased, encumbered or disposed of: Repayment of contribution (in current dollars) Within 2 Years after Eligible Project completion 100% Between 2 and 5 Years after Eligible Project completion 55% Between 5 and 10 Years after Eligible Project completion 10% 11. TRANSFER AND OPERATION OF PUBLIC TRANSIT INFRASTRUCTURE Federal Public Transit Funds d. the design, construction, operation, maintenance and repair of any part of all Eligible Projects, and e. any omission or other wilful or negligent act of the Recipientor Third Party and their respective employees, officers, or agents. 10.5.Exception. Except to the extent to which such claims and demands, losses, costs, damages, actions, suits, or other proceedings related to the act or negligence of an officer, employee, or agent of AMO or Canada in the performance of his or her duties. 11.1.Retain Title. The Recipient shall retain title to, and ownership of, the Public Transit Infrastructure resulting from the Eligible Project for at least ten (10) years after the Eligible Projectcompletion. 11.2.Repayment. Any time within ten (10) years from the date of completion of the Eligible Project, the Recipientsells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms of this Agreement, other than to Canada, Ontario, a Municipality, or a Crown corporation of Ontario that is the latter's agent for the purpose of implementing this Agreement, the Recipientshall repay Canada on demand, a proportionate amount of the funds contributed by Canada, as follows: 11.3.Notice. The Recipientshall advise Canada and AMO in writing 120 days in advance and at any time during the ten (10) years following the completion of an Eligible Project if any asset constructed, rehabilitated, or improved in whole or in part with Funds is sold, discharged or alienated in any way other than to Canada. 11 12. DEFAULT AND TERMINATION 13. CONFLICT OF INTEREST 12.1.Event /t. AMO may declare in writing that an event of default has occurred when the Recipient has not complied with any condition, undertaking or material term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has consulted with the Recipient. Each and every one of the following events is a potential "Event of Default a. Failure by the Recipientto deliver an Annual Expenditure Report, Audit Reportor the Outcomes Report. b. Delivery of an Annual Expenditure Reportor Audit Report that discloses non- compliance with any condition, undertaking or material term in this Agreement. c. Failure to submit to AMO certificates of insurance as required in section 10.2 of this Agreement. 12.2.Waiver. AMO may withdraw Event of Default if the Recipient, within thirty (30) days of receipt of the notice, either corrects the condition or event or demonstrates, to the satisfaction of AMO that it has taken such steps as are necessary to correct the condition. 12.3.Remedies on default. If AMO declares that an Event of Default has occurred, after thirty (30) days of declaration, it may immediately exercise one of the following remedies: a. In the case of default under Subsection 12.1 a., terminate or suspend its obligation to pay the Funds. If AMO suspends payment, it may pay suspended funds if AMO is satisfied that the default has been cured. b. In the case of any other default, AMO will suspend its obligation to pay Funds related to the event of default pending AMO's satisfaction that the default has been cured. 13.1.No conflict of interest. No member of the House of Commons, the Senate of Canada, the Legislature of the Province of Ontario or AMO Board of Directors will be admitted to any share or part of any contract made pursuant to this Agreement or to any benefit arising therefrom. 12 Federal Public Transit Funds 14. NOTICE 14.1.Notice. Any notice, information or document provided for under this Agreementwill be effectively given if delivered or sent by letter, postage or other charges prepaid, or by facsimile or email. Any notice that is delivered will have been received on delivery; and any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed. 14.2.Representatives. The individuals identified in Section 14.3 of this Agreement, in the first instance, act as AMO's or the Recipients, as the case may be, representative for the purpose of implementing this Agreement. 14.3.Addresses for Notice. Further to Section 14.1 of this Agreement, notice can be given at the following addresses: a. If to AMO: Executive Director Federal Public Transit Funds Agreement Association of Municipalities of Ontario 393 University Avenue, Suite 1701 Toronto ON M5G 1E6 Telephone: (41.6) 971 -9856 Facsimile: (416) 971 -6191 b. If to the Recipient: John H. MacDonald Chief Administrative Officer City of Niagara Falls Box 1023, 4310 Queen St. Niagara Falls, ON L2E 6X5 Telephone: (905) 356 -7521 ext. 4203 Facsimile: (905) 356 -9083 13 Federal Public Transit Funds 15. MISCELLANEOUS Federal Public Transit Funds 15.1.Severability. If for any reason a provision of this Agreementthat is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreementwill continue to be valid and enforceable. 15.2.No waiver. The failure of AMO to insist in one or more instances on performance by the Recipientof any of the terms or conditions of this Agreementshall not be construed as a waiver of AMO's right to require further performance of any such terms or conditions, and the obligations of the Recipientwith respect to such performance shall continue in full force and effect. 15.3.Governing Law. This Agreementshall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.4.AMOand Recipientindependent. Nothing in this Agreementand no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship, or employer employee relationship in any way or for any purpose with Canada or AMO whatsoever. 15.5.No Authority to Represent. Nothing in this Agreementis to be construed as authorizing one Partyto contract for or to incur any obligation on behalf of the other or to act as agent for the other. Nothing in this Agreementis to be construed as authorizing any Recipientor any Third Partyto contract for or to incur any obligation on behalf of either Party or to act as agent for either Party. 15.6.Debts Due to AMO. Any amount owed to Canada under this Agreementwill constitute a debt due to AMO, which the Recipientwill reimburse forthwith, on demand, to AMO. 15.7.Priority. In the event of a conflict, the part of this Agreementthat precedes the signature of the Parties will take precedence over the Schedules. 14 16. SCHEDULES 16.1. This Agreement, including: Federal Public Transit Funds Schedule A Schedule of Fund Payments Schedule B Eligible Costs Schedule C Annual Expenditure Report Schedule D Outcome Indicators Schedule E Communications constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreementand supersedes all prior oral or written representations and agreements. 15 Affix Corporate Seal Affix Corporate Seal 17. SIGNATURES IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed and delivered this Agreementon the date set out on the front page. RECIPIENT'S NAME: THE CORPORATION OF City of Niagara Falls By: Name: Title: Name: Title: Date Date THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Title: Executive Director Date In the presence of: Witness Name: Title: 16 Date Federal Public Transit Funds Fiscal Year Funds Payment 2005/06 264,496.00 SCHEDULE A SCHEDULE OF FUND PAYMENTS RECIPIENT'S NAME: THE CORPORATION OF City of Niagara Falls AMO will allocate the Funds to Recipients based exclusively on ridership, using 2004 data produced by the Canadian Urban Transit Association and accepted by the Ministry of Transportation of Ontario for the allocation of Ontario's "Dedicated Gas Tax Funds for Public Transportation Program 17 Federal Public Transit Funds Eligible Project Costs Ineligible Project Costs SCHEDULE B ELIGIBLE COSTS 18 Federal Public Transit Funds 1. Eligible Costs are all direct costs which are in Canada's opinion: a. properly and reasonably incurred and paid by the Recipientand no other person; and b. paid under a contract for goods and services necessary for the implementation of an Eligible Project. 2. Eligible costs may include only the following: a. the capital costs of acquiring, constructing, renovating or rehabilitating a tangible capital asset and any debt financing charges related thereto; b. the fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of a project infrastructure asset and related facilities and structures; and, c. the costs of environmental assessments, monitoring, and follow -up programs as required by the Canadian Environmental AssessrnentAct; or a provincial equivalent.. 3. Administration Costs. a. That portion of Funds representing interest earned may be used to pay for administration costs related to the implementation of the Agreement. 4. Costs related to the following items are ineligible costs: a. Eligible Project costs incurred before May 18, 2005 or paid after March 31, 2010; b. services or works that are normally provided by the Recipient, c. salaries and other employment benefits of any employees of the Recipient d. a Recipients overhead costs, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its applicant's staff; e. costs of feasibility and planning studies for individual Eligible Projects, f. taxes for which the Recipient's eligible for a tax rebate and all other costs eligible for rebates; g. costs of land or any interest therein, and related costs; h. cost of leasing of equipment by the Recipient 19 Federal Public Transit Funds i. routine repair and maintenance costs; j. legal fees; k. administrative costs incurred by the Recipient as a result of implementing this Agreement, subject to Section 3 of Schedule B above; and I. audit and evaluation costs. SCHEDULE C ANNUAL EXPENDITURE REPORT 20 Federal Public Transit Funds SCHEDULE C ANNUAL EXPENDITURE REPORT (cont'd) 21 Federal Public Transit Funds PROGRESS REPORT: PROJECT DETAILS: i.e. Project title, location, investment category, amount of Funds, nature of the investment and expected outcomes. Outcomes: Outputs: SCHEDULE D OUTCOME INDICATORS 22 Federal Public Transit Funds The impact of the use of the Funds will be measured through a set of core indicators, to be developed by the Oversight Committee and linked to the following outcomes and outputs: a) Cleaner Air: [DETERMINE INDICATOR] b) Lower Greenhouse Gas Emissions (GHGs): [DETERMINE INDICATOR] a) Public Transit Infrastructure: [DETERMINE INDICATOR] The Recipient shall: SCHEDULE E COMMUNICATIONS 23 Federal Public Transit Funds a. ensure all communications by the Recipient referring to projects funded under this Agreementwill clearly Canada's investments; b. ensure permanent signage at the location of projects receiving investments under this Agreement, prominently identifying the Government of Canada's investment and including the Canada wordmark. Where there is no fixed location for signage, such as a transit vehicle, a prominent marker will recognize the Government of Canada's contribution. All signage /plaques will be located in such a way as to be clearly visible to users, visitors and /or passersby; c. regularly report to the public on the outcomes of the investments entered into under this Agreement, including through the Outcomes Reports described in this Agreement d. ensure the timing of public events shall be sufficient to allow for all orders of government to plan their involvement. The Recipientshall provide a. minimum of 21 days notice of an event or announcement; e. unless otherwise arranged, the Recipientshall pay their own costs associated with their communications activities; f. receive appropriate recognition in communications materials; and, g. joint communications material and signage will reflect Government of Canada communications policy, including the Official Languages Act (Canada), and federal- provincial /territorial identity graphics guidelines. A by -law to authorize the payment of $20,836,754.69 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 May 31, 2006 to June 27, 2006. Passed this tenth day of July 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 10, 2006 July 10, 2006 July 10, 2006 CITY OF NIAGARA FALLS By -law No. 2006 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1019536 ONTARIO INC 1083246 ONTARIO LIMITED 1083278 ONTARIO LIMITED 1162695 ONTARIO LIMITED 1174757 ONTARIO INC 1184485 ONTARIO INC 1238838 ONTARIO LIMITED 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 1254225 ONTARIO INC 1405221 ONTARIO LIMITED DBA D D TRUCKING CONSTRUCTI 1405221 ONTARIO LIMITED ()BA D D TRUCKING CONSTRUCTI 1405221 ONTARIO LIMITED DBA D D TRUCKING CONSTRUCTI 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 1492357 ONTARIO LIMITED 151702 CANADA INC 1526990 ONTARIO LIMITED 1623565 ONTARIO LIMITED C/O AUBREY ZIDENBERG 2 GUY'S GLASS INC 2017913 ONTARIO LIMITED 396101 ONTARIO LIMITED 488745 ONTARIO LIMITED 5 -0 TAXI INC 547554 ONTARIO LIMITED 550857 ONTARIO LTD 603755 ONTARIO INC 656508 ONTARIO LIMITED 705336 ONTARIO LIMITED 730854 ONTARIO LIMITED 788894 ONTARIO LIMITED 816027 ONTARIO LIMITED 942268 ONTARIO LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP 984265 ONTARIO LTD aka CIRCLE P PAVING A L G SAFETY AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,LOUIE AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC AKALU,KAREN ALDOR BUILDERS LTD ALDOR BUILDERS LTD ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL GREEN IRRIGATION ALL PRO RENTALS ALL STAR FIRE PROTECTION SERVICES INC ALLEN TREE SERVICE ALLEN TREE SERVICE ALLIED MEDICAL INSTRUMENTS ANGER,RONALD ANNEX PUBLISHING BOOK DIVISION ANSLOW,RICHARD ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD AREO -FIRE ARISTIZABAL,SANTIAGO ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONT AULPH,GARY AVENUE ROOTS AVENUE ROOTS AVENUE ROOTS AVERTEX UTILITY SOLUTIONS INC Cheque No. Cheque Date Purpose 302071 13- Jun -2006 REFUND 302072 13- Jun -2006 REFUND 302073 13 -Jun -2006 REFUND 302399 20- Jun -2006 REFUND 302074 13- Jun -2006 REFUND 302075 13- Jun -2006 REFUND 302076 13- Jun -2006 REFUND 302077 13- Jun -2006 CONSULTING SERVICES 302078 13- Jun -2006 REFUND 301917 06 -Jun -2006 LEASES AND RENTS 302079 13- Jun -2006 CONTRACT SERVICES 302400 20- Jun -2006 CONTRACT SERVICES 302401 20- Jun -2006 CONTRACT SERVICES 302080 13 -Jun -2006 REFUND 302081 13 -Jun -2006 REFUND 302082 13- Jun -2006 REFUND 302083 13- Jun -2006 REFUND 302402 20 -Jun -2006 MATERIALS 302084 13- Jun -2006 REFUND 302085 13- Jun -2006 REFUND 302086 13- Jun -2006 REFUND 302403 20 -Jun -2006 REMITTANCE 302087 13- Jun -2006 REFUND 302088 13- Jun -2006 REFUND 302089 13- Jun -2006 REFUND 302090 13- Jun -2006 REFUND 302091 13- Jun -2006 REFUND 302092 13 -Jun -2006 REFUND 302093 13- Jun -2006 REFUND 302094 13- Jun -2006 REFUND 302095 13- Jun -2006 MAINTENANCE AND REPAIRS 302579 27- Jun -2006 MAINTENANCE AND REPAIRS 302156 13- Jun -2006 CONTRACT SERVICES 302408 20- Jun -2006 MATERIALS 301919 06- Jun -2006 MAINTENANCE AND REPAIRS 302580 27 -Jun -2006 MAINTENANCE AND REPAIRS 302096 13-Jun -2006 MATERIALS 301920 06- Jun -2006 CONTRACT SERVICES 302097 13- Jun -2006 CONTRACT SERVICES 302404 20-Jun -2006 MATERIALS 302098 13- Jun -2006 MATERIALS 302099 13- Jun -2006 MAINTENANCE AND REPAIRS 302405 20- Jun -2006 MAINTENANCE AND REPAIRS 302581 27- Jun -2006 MATERIALS 302406 20-Jun -2006 MATERIALS 301921 06 -Jun -2006 CONTRACT SERVICES 302407 20- Jun -2006 CONTRACT SERVICES 301922 06- Jun -2006 CONTRACT SERVICES 302100 13- Jun -2006 CONTRACT SERVICES 302102 13- Jun -2006 MAINTENANCE AND REPAIRS 301924 06 -Juh -2006 LEASES AND RENTS 302104 13- Jun -2006 MAINTENANCE AND REPAIRS 301923 06 -Jun -2006 CONTRACT SERVICES 302101 13- Jun -2006 CONTRACT SERVICES 302103 13 -Jun -2006 MATERIALS 302105 13- Jun -2006 MATERIALS 302582 27- Jun -2006 MATERIALS 302106 13- Jun -2006 MATERIALS 301925 06- Jun -2006 ADMINISTRATIVE 302583 27- Jun -2006 SUPPLIES 301926 06-Jun -2006 MATERIALS 302409 20- Jun -2006 MATERIALS 302107 13 -Jun -2006 MATERIALS 302108 -=13- Jun -2006 REMITTANCE 302584 27- Jun -2006 MATERIALS 301927 06- Jun -2006 CONSULTING SERVICES 302585 27- Jun -2006 ADMINISTRATIVE 302586 27- Jun -2006 REMITTANCE 302110 13- Jun -2006 CONTRACT SERVICES 302411 20- Jun -2006 MATERIALS 302587 27- Jun -2006 MATERIALS 302412 20- Jun -2006 CONTRACT SERVICES Page 1 of 11 Amount 2,384.42 548.48 3,560.59 3,147.45 6,559.16 16,807.62 2,929.73 8,478.97 103.08 7,147.60 814.00 813.20 307,831.77 2,161.05 211.80 1,868.18 3,157.58 194.06 493.26 3,056.71 1,633.27 357.05 2,523.82 451.86 1,187.49 23,436.47 3,162.09 771.96 7,703.33 366.77 78.11 216.14 97,164.78 287.50 493.35 108.60 26.70 160.50 128.40 117.49 20.00 2,295.77 4,403.85 10.34 64.95 2,407.50 701.71 9,706.01 6,739.98 84.96 581.75 297.27 2,407.50 7,169.00 3,851.49 20.00 769.97 20.00 27.00 125.91 4,725.91 189.16 376.21 500.00 247.71 13,546.04 353.10 1,200.00 7,108.87 157.29 21,781.67 1,444.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BAERG,DREW BAGGA,SILKY DR BARCLAY TODD'S BARNSLEY,JOHN BARONE,JOSEPH LOUIS& BARONE, DIANE MARY BARRANCA,ANTONIO& BARRANCA, MARY BARRANCA,MARY BARRY BRYAN ASSOCIATES (1991) LTD BARTRAM,DAVID BARTRAM,DAVID BATEMAN,DOLORES BATEMAN,DOLORES BBP ENTERPRISES BEAMAN,KEN BEAUCHAMP,RANDY THOMAS BEAULIEU,JULIETTE BELL,DONALD BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BELL MOBILITY PAGING BELLEFONTAINE,MARGARET BELLEFONTAINE,MARGARET BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BENISON INVESTMENTS LTD BENITO'S SANDWICHES BENNETT,CATHARINE Bb 1 1 Y'S RESTAURANT BIAMONTE,RALPH BINATIONAL TOURISM ALLIANCE BIRD,LUCETTE BIRDSEY,KIRK BIRMINGHAM,JOHN BIRMINGHAM FIRE CONTROL BISHOP,TOM BLACK MCDONALD LTD BOBOROS,TERRY BODKIN LEASING BOLDT POOLS LTD BOND SCHOOL OF MUSIC BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUCHARD,JAMES BOYLE,MARGARET BOYLE,WILLARD& BOYLE, STARR BOYS GIRLS CLUB OF NIAGARA BRIANT,ROBERT BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCKWAY PLAZA INC BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BRZOZOWSKI,ANDREW BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BURKE,ALICE BURKE,PATRICK BURKE,PATRICK BURSE,PAMELA BUSINESS EDUCATION COUNCIL OF NIAGARA BUTLER,DAVID C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CAJA,SANDY CAMPIGOTTO,AARON CAN AM INSTRUMENTS LTD CANADA LAW BOOK Cheque No. 302111 302413 302588 302414 302589 302415 302112 301928 302113 302590 301929 302114 302591 302416 302592 302116 302419 301930 302117 302418 302119 301932 301931 302118 302420 302120 302121 302122 301933 301934 302124 302125 302126 302594 302595 302596 302127 302128 301935 302129 302421 302130 302597 302131 301936 302598 302422 302132 302599 301937 302133 302423 302134 302135 302070 302136 301938 302137 302424 302600 302138 301939 301940 302139 301941 302140 302612 301958 302618 302601 301942 301944 302603 Cheque Date 13- Jun -2006 20- Jun -2006 27- Jun -2006 20- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 27- Jun -2006 06 -Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 06- Jun -2006 13- Jun -2006 20 -Jun -2006 13- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 06 -Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 27 -Jun -2006 13- Jun -2006 06- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 12- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 27- Jun -2006 27- Jun -2006 06- Jun -2006 06- Jun -2006 27- Jun -2006 Purpose REMITTANCE MATERIALS SUPPLIES MATERIALS REFUND REFUND REFUND CONSULTING SERVICES ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS REMITTANCE ADMINISTRATIVE REMITTANCE MATERIALS REFUND UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ADMINISTRATIVE MATERIALS EQUIPMENT REFUND MATERIALS MATERIALS MATERIALS REFUND REMITTANCE MATERIALS MATERIALS REMITTANCE MATERIALS REMITTANCE MATERIALS MATERIALS LEASES AND RENTS REFUND REMITTANCE CONSULTING SERVICES CONSULTING SERVICES MATERIALS ADMINISTRATIVE REFUND GRANT MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES REMITTANCE ADMINISTRATIVE SUPPLIES SUPPLIES SUPPLIES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES LEASES AND RENTS MATERIALS REMITTANCE ADMINISTRATIVE CONTRACT SERVICES MATERIALS Page 2 of 11 Amount 333.33 874.92 175.41 104.08 269.67 1,894.80 795.57 97,616.58 41.36 40.00 126.00 20.00 1,894.00 104.83 150.00 20.00 750.00 115.00 169.41 8,609.95 961.04 41.30 60.00 20.00 15,059.25 3,630.52 250.00 20.00 300.00 677.12 200.00 20.00 20.00 350.00 609.37 1,950.00 738.25 20.00 445.33 750.00 75.00 24,272.84 16,081.45 20.00 372.64 205.31 17,500.00 20.00 827.63 349.97 246.33 165.54 6,688.08 3,562.23 116,783.00 500.00 876.28 159.92 1,048.22 1,464.28 20.00 465.13 152.36 20.00 175.00 20.00 568.44 2,983.70 6,690.71 200.00 167.37 30,886.70 424.94 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADIAN DOOR DOCTOR CANADIAN FALLEN FIREFIGHTERS FOUNDATION CANADIAN LEAK DETECTION CANADIAN LEAK DETECTION CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY CANADIAN NIAGARA HOTELS INC CANADIAN PACIFIC RAILWAY CO CANAL,DANIEL CANALI,KAREN CANNON,MARIE CANTEC SECURITY SERVICES CARRICK,MARZENNA CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CAST CREW ENTERTAINMENT SERVICES INC CAVALIERE,ROCCO GCS TRANSPORTATION SAFETY CENTRE COURT CAFE CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CERTIFIED MANAGEMENT ACCOUNTANTS OF ONTARIO CH2M HILL CANADA LTD CHAMPION INDUSTRIAL EQUIPMENT CHANG,GUSTAVO& CHANG, CHUK CHARETTE,RHEAL CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHAYKA,JOHN CHEN,KUO SU CHU,KWOK YIU CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CNM INC CODE 4 FIRE RESCUE INC CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLT,STUART COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERN INC CONTOUR ARCHITECTURAL COATINGS INC COOK,CINDY CORSINI,GUY CORSO,JOE CO STANTI NO, STEP HAN IA COSTELLO,BRIAN COTTON INC COTTON INC COYLE CREEK FARMS CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD SMITH SWALLOW CROMBIE LEASEHOLDS LTD CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPOLO,SAMUEL ESTATE OF CURE FOUNDATION Cheque No. 302141 302142 301945 302425 302604 302143 301946 302145 301943 302602 302144 302605 301947 302147 302426 302427 302148 302607 301948 302429 302608 302149 302609 301949 301950 301951 302150 302151 302152 302430 302610 302153 302154 302155 302157 302431 302158 301952 301953 302159 302432 302611 302161 302434 302613 301954 302162 302435 302614 302615 301955 302163 302436 302164 302437 302616 301956 302165 302438 302166 302167 302439 302440 301957 302617 302168 302169 301959 302170 302441 302619 302171 301960 Cheque Date 13- Jun -2006 13- Jun -2006 06- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 06- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 20 -Jun -2006 13- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 20-Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 06- Jun -2006 27-Jun-2006 13 -Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20-Jun -2006 27- Jun -2006 13- Jun -2006 06-Jun -2006 Purpose MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS LEASES AND RENTS REMITTANCE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REFUND REFUND LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE REMITTANCE REFUND MATERIALS MATERIALS MATERIALS UTILITIES UTILITIES UTILITIES REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REMITTANCE ADMINISTRATIVE REFUND REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE REFUND REMITTANCE Page 3 of 11 Amount 774.41 210.79 481.50 481.50 3,082.72 942.43 1,020.00 910.33 360.13 171.67 20.00 1,399.36 194.12 128.67 143.65 746.35 15,315.78 750.00 288.90 403.50 393.20 2,303.02 2,303.02 1,438.08 30,858.74 224.11 5,243.24 20.00 824.96 439.64 853.84 250.00 2,044.69 387.78 338.90 1,145.70 1,017.75 1,979.60 144,595.84 375.57 27,689.19 6,727.56 3,779.49 1,720.40 1,037.90 133.60 662.83 133.60 106.95 750.00 18,133.21 4,379.10 17,138.73 1,601.32 7,080.52 810.00 429.17 750.00 150.00 187.37 3,638.09 1,915.48 1,775.67 1,881.60 7,377.00= 19,902.00 2,251.83 3,608.40 3,641.68 3,610.13 3,604.50 372.21 645.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CURTIS GAIL DEVEL CORP CYGNAL TECHNOLOGIES CORP T46181 CYTEC CANADA INC DALKE,DORIS DANNEL COACH LINES LTD DANYAAL ENTERPRISES LTD DAVEY TREE EXPERT CO DAVID SCHRAM ASSOCIATES DAVIS COMPANY LLP DAWDY,LLOYD DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DELPHI BANQUET FACILITIES DEURLOO,JOAN DICARLO,ANTHONY DIPIETRO,SAL& TARTAGLIA, CARMEN DIPIETRO,SALVATORE& DIPIETRO, MARY DIRECT IT CANADA INC DISTRICT SCHOOL BOARD OF NIAGARA DOMINION PAVING CO DOUGLAS,DOREEN DOUGLAS,JAMIE DOUGLAS,JAMIE DOWNING,LARRY DREN,KARL DUECK,ALEX DUERKSEN,ANGELA DUFFERIN CONCRETE DUFFERIN CONCRETE DUNN,PATRICIA DUOCOM CANADA DYCHTIAR,PETER E3 LABORATORIES EDIFICE MAGAZINE ELECTROMEGA LTD ELIA,CHRISTINE ELOQUIP LTD ELSAWAF,SOBHI G EMCO LIMITED DISTRIBUTION EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ESPINOZA,FERNANDO& ESPINOZA, LAUREL ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS CONTRACTING INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FARMERS MARKETS ONTARIO FAST,DAVID JOHN FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FEHRS TROPHY ENGRAVING FEREN SIGNS AWNINGS LTD FERRANTE,PRISCILLA FINUCCI,ANGELA G& FINUCCI, VITTORIO FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRST GENERAL SERVICES NIAGARA FIRST NIAGARA INSURANCE FITNESS EQUIPMENT REPAIR FLANNIGAN,SHANE Cheque No. 302172 302442 302173 302174 302175 302176 302443 302444 302445 302177 302447 302620 301961 302448 302179 302180 302622 302182 302181 302183 302623 301962 302185 301963 302184 302186 301964 302187 302624 301965 302449 302450 302188 302625 302451 302452 302453 302189 301966 302190 302454 302191 301967 302192 302455 302626 302193 301968 302194 302456 302627 301969 302195 302457 301970 302196 302628 302197 302629 302198 302458 302630 301971 301972 302199 302200 302631 302201 302459 302460 302461 302202 302632 Cheque Date 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 06- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 20- Jun -2006 20-Jun-2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 06 -Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 06- Jun -2006 13-Jun -2006 20- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 06- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun 2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 Purpose REFUND MATERIALS REFUND MATERIALS REMITTANCE REFUND CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS EQUIPMENT MATERIALS MATERIALS REMITTANCE REFUND REFUND CONSULTING SERVICES REMITTANCE CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONSULTING SERVICES MATERIALS EQUIPMENT REMITTANCE MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS UTILITIES UTILITIES UTILITIES UTILITIES REFUND ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS SUPPLIES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS MATERIALS REMITTANCE MAINTENANCE AND REPAIRS REMITTANCE Page 4 of 11 Amount 2,755.11 2,996.05 18,256.86 20.00 74.90 814.31 826.58 989.75 1,183.00 20.00 6,104.35 14,782.72 11,647.20 13,698.80 2,345.27 20.00 750.00 663.52 851.13 11,106.60 6,960,734.76 1,118.15 20.00 200.24 97.90 20.00 97.49 333.33 126.60 3,138.07 829.44 150.00 1,943.50 300.00 5,070.33 26.75 5,782.20 300.00 368.00 342.16 387.78 187.25 47.08 7,412.17 1,135.39 245.09 2,527.73 102.12 10,914.87 2,799.88 221.00 90.95 267.50 648.42 4,811.98 750.00 2,545.85 482.57 23.85 1,676.98 28.85 21.43 99.36 4 20.00 866.65 277.72 270.55 350.42 523.96 540.00 661.25 300.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLORIO,MIRELLA FLOWERS,JOANNE FLYNN CANADA LTD FOREST CITY MODELS PATTERNS LTD FORTUNA,DOMENIC FRANCOTYP POSTALIA CANADA FRANK COSTANTINO CONST LTD FRETZ,LINDA G K SERVICES CANADA INC GALES GAS BARS GALLO,ANTONIO& GALLO, FRANK GALT MACHINE KNIFE SAW GAUDON,RORY GAULD NURSERIES LTD GAULD NURSERIES LTD GE POLYMERSHAPES GERRIE ELECTRIC WHOLESALE LTD GIRHNEY,FRANK GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GNGH FOUNDATION GOLDEN HORSESHOE VENTURES INC GOULD,DOROTHY GOVERNMENT POLICY RESEARCH GROUP INC GRAFTON UTILITY SUPPLY LTD GRAFTON UTILITY SUPPLY LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENLAWN GREENLAWN GREG MILLER RESTORATION LIMITED GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIEF BROS CAN INC GRIFFITHS,DAVID GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HAMILTON,STEPHEN HARD ROCK CONST INC HARPER DETROIT DIESEL ALLISON HAWKINS,DONNA HEART NIAGARA INC HEART NIAGARA INC HENLER INVEST LTD BELMER INVESTMENTS LTD HICKS MORLEY HAMILTON STEWART STORIE LLP HIEBERT,JAKE HIEBERT,JAKE HILL BOLES LTD HOCO LIMITED HODAN INVESTMENT CORPORAT HOLMAN,GEOFF HOME ALONE PROPERTY MAN HUMMELL,HAROLD HY GRADE PRECAST CONCRETE ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC ,Cheque No. 301973 302203 302633 302204 302205 302634 302206 302207 302462 302463 302208 302639 302209 302210 302635 302753 301974 302637 302638 301975 301976 301977 302211 302464 302640 302467 302212 302213 302641 301978 302214 302215 302465 302642 302466 302216 302468 302261 301979 302217 302218 302219 302643 302220 302221 302644 302222 302223 302224 301980 302470 302645 302471 302225 302646 302647 301981 302648 302226 302649 302227 302228 302229 302650 302651 302230 302231 301982 302652 301983 302472 301984 302473 Cheque Date 06- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 27-Jun-2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 06- Jun -2006 27- Jun -2006 27- Jun -2006 06- Jun -2006 06 -Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 20-Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 27-Jun-2006 06- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 27 -Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 27- Jun -2006 06- Jun -2006 20- Jun -2006 06 -Jun -2006 20-Jun -2006 Purpose MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES MATERIALS REFUND LEASES AND RENTS REFUND MATERIALS MATERIALS MATERIALS REFUND MAINTENANCE AND REPAIRS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS DONATION REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS LEASES AND RENTS LEASES AND RENTS MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS MATERIALS MAINTENANCE AND REPAIRS REMITTANCE MATERIALS GRANT REFUND CONSULTING SERVICES ADMINISTRATIVE REMITTANCE MATERIALS REFUND REFUND ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS MATERIALS Page 5 of 11 Amount 471.04 915.24 1,407.12 288.23 20.00 7,179.70 25,921.00 750.00 203.55 9,604.54 20.00 103.19 137.00 660.56 211.60 275.00 1,696.25 12,822.50 5,489.10 760.31 1,184.96 4,493.80 1,209.40 1,369.27 1,488.43 1,000.00 30,819.21 20.00 440.01 153.46 1,768.93 1,180.03 17.94 1,190.92 61.40 267.50 727.07 750.00 4,566.55 581.35 600.19 20.00 17,415.20 1,103.43 414.23 858.96 20.00 20.00 20.00 3,162.50 4,485.00 2,264.06 13.29 59.50 201.52 67,268.70 17,758.85 100.00 1,400.00 10,000.00 3,202.81 3,823.05" 38.82 40.00 36.34 4,889.13 1,167.98 127.02 140.03 219.44 979.80 2,691.00 31.71 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ICI CANADA INC IMAGISTICS CANADA INC IMAGISTICS CANADA INC IN2ITIVE GROUP INC ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD J K JOUPPIEN HERITAGE RESOURCE CONSULTANT JACK,DAVID JACKSON,DAVE JACKSON,GILBERT JIMS TRUCKING LTD JIMS TRUCKING LTD JONES,DON JONES,RON JOSE,CHRIS JUDSON,PATRICIA JUST ATHLETICS KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KEIGHAN,MICHAEL KELLY,BRYANNA KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KEN WARDEN CONSTRUCTION LTD KIWANIS CLUB OF STAMFORD INC KRONSTEIN,MARK KRONSTEIN,MARK KUCHYT,TOM L CAMPBELL ASSOCIATES LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LATOPLAST LTD LE CONSEIL SCOLAIRE DE DISTRICT LE CONSEIL SCOLAIRE DE DISTRICT LEITCH,JAMIE LEXISNEXIS QUICKLAW LINK WIRELESS COMMUNICATION LOWE,BUDDY LUDWIG MULLER LUNDY'S LANE UNITED CHURCH M L SUPPLY FIRE AND SAFETY M. TILBERT J. HINZER C. MCDERMOTT MACISAAC,RODDY& MACISAAC, KIMIKO MAIOLO,DOMENIC MAIOLO,FRANK MAKEPEACE,SHELLEY MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC MARCHESE,VINCENT& MARCHESE, VIOLET MARINE CLEAN LTD MARINE CLEAN LTD MARTENS,TOM MASCARIN,RUDY MASCARIN,RUDY MATRIX INNOVATIONS INC MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MAVES,DIANE MAZZONE,NICHOLAS& MAZZONE, SHIRLEY MCCABE PROMOTIONAL MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC Cheque No. Cheque Date Purpose 302474 20- Jun -2006 MATERIALS 302234 13- Jun -2006 MATERIALS 302653 27- Jun -2006 MATERIALS 302654 27- Jun -2006 MATERIALS 302476 20- Jun -2006 MATERIALS 302655 27- Jun -2006 MATERIALS 302237 13- Jun -2006 CONSULTING SERVICES 301915 31- May -2006 REFUND 302235 13- Jun -2006 ADMINISTRATIVE 302236 13- Jun -2006 MATERIALS 301986 06- Jun -2006 CONTRACT SERVICES 302477 20- Jun -2006 CONTRACT SERVICES 302478 20- Jun -2006 REFUND 302656 27- Jun -2006 REMITTANCE 302657 27- Jun -2006 REFUND 302238 13 -Jun -2006 MATERIALS 302658 27- Jun -2006 MATERIALS 301987 06- Jun -2006 MATERIALS 302239 13- Jun -2006 MATERIALS 302479 20- Jun -2006 MATERIALS 302659 27- Jun -2006 MATERIALS 302660 27- Jun -2006 REFUND 302240 13- Jun -2006 ADMINISTRATIVE 302241 13- Jun -2006 MATERIALS 302661 27- Jun -2006 MATERIALS 302662 27-Jun -2006 CONTRACT SERVICES 302663 27- Jun -2006 ADMINISTRATIVE 301989 06- Jun -2006 ADMINISTRATIVE 302242 13- Jun -2006 MATERIALS 301990 06- Jun -2006 ADMINISTRATIVE 302245 13-Jun -2006 CONSULTING SERVICES 301991 06- Jun -2006 MATERIALS 302243 13- Jun -2006 MATERIALS 302480 20- Jun -2006 MATERIALS 302664 27- Jun -2006 MATERIALS 302481 20- Jun -2006 MATERIALS 302482 20- Jun -2006 MATERIALS 302665 27- Jun -2006 MATERIALS 302666 27- Jun -2006 ADMINISTRATIVE 302667 27- Jun -2006 ADMINISTRATIVE 302668 27- Jun -2006 ADMINISTRATIVE 302669 27- Jun -2006 MATERIALS 302484 20- Jun -2006 MATERIALS 302671 27- Jun 2006 ADMINISTRATIVE 301993 06- Jun -2006 MATERIALS 301994 06-Jun -2006 REMITTANCE 302497 20- Jun -2006 MATERIALS 302373 13- Jun -2006 REFUND 302485 20- Jun -2006 REFUND 302673 27- Jun -2006 REFUND 302672 27- Jun -2006 REFUND 302486 20- Jun -2006 ADMINISTRATIVE 301995 06- Jun -2006 CONTRACT SERVICES 302674 27- Jun -2006 MATERIALS 302248 13- Jun -2006 REFUND 301996 06- Jun -2006 CONTRACT SERVICES 302487 20- Jun -2006 CONTRACT SERVICES 302250 13- Jun -2006 MATERIALS 302251 13- Jun -2006 ADMINISTRATIVE 302675 27- Jun -2006 REFUND 302488 20- Jun -2006 CONTRACT SERVICES 301997 06- Jun -2006 ADMINISTRATIVE 301998 06- Jun -2006 CONSULTING SERVICES 302252 13- Jun -2006 CONSULTING SERVICES 301999 06- Jun -2006 ADMINISTRATIVE 302253 13- Jun -2006 MATERIALS 302254 13- Jun -2006 REFUND 302255 13- Jun -2006 MATERIALS 302000 06- Jun -2006 ADMINISTRATIVE 302256 13- Jun -2006 MATERIALS 302001 06- Jun -2006 MATERIALS 302257 13- Jun -2006 MATERIALS 302489 20- Jun -2006 MATERIALS Page 6 of 11 Amount 346.01 8.56 2,524.31 4,074.79 948.73 149.49 5,457.50 136.79 196.23 20.00 4,205.10 3,852.00 137.81 300.00 59.99 20.00 2,551.07 37.26 291.94 93.14 374.84 91.81 250.00 4,623.17 1,613.30 1,605.00 150.00 108.00 20.00 282.74 5,671.00 981.20 459.28 475.42 484.38 1,660.86 83.95 57.96 118,747.88 243,135.21 1,644.14 228.98 34.49 615.51 1,132.75 150.00 2,106.09 628.13 547.67 1,750.00 150.00 150.00 173.94 2,536.45 1,398.20 6,238.47 4,321.20 20.00 43.47 40.00 50,968.66 70.38 2,649.43 1 765.50 132.00 20.00 675.72 1,016.31 120.00 20.00 106.90 814.75 21.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MCLEAN KERR LLP MCLEOD,CRAIG MCNAMARA,SUSAN MCNAMARA,SUSAN MCRAE,LEN MCWILLIAM ASSOCIATES MCWOOD STUDIOS MELLEN DISTRIBUTING 1137637 ONTARIO INC METRO PLUMBING HEATING MICHAEL VAN OORSCHOT INSURANCE AGENCY INC 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 MISS NIAGARA PAGEANT MOBILE COMMUNICATION SERVICES MOBILE VIDEO PRODUCTIONS MODERN CRANE MODERN LANDFILL INC MODERN LANDFILL INC MONDRIAN CANADA INC MONTAGUE,ROSE MONTGOMERY,MOE& MONTGOMERY, MIKE MOORE,RON MORABITO,DOMENIC& MORABITO, ADELE MOROCCO,JOHN MORRISSEY,DENYSE MORSE SON LIMITED MORTON,DALE MOSS,HIRRELL MRKALJ,JOVO& MRKALJ, MILIC MUNICIPAL HEALTH SAFETY ASSOCIATION MURAWSKI,CHESTER MUSSARI,TOM NARDANGELI,JOHN NAZZAL ENTERPRISES INC NEPTUNE TECHNOLOGY GROUP (CANADA) LTD NEUDORF,MICHAEL& NEUDORF, RAFFAELA NEWMAN,CAROL NEWMAN,SHELLEY NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA 21 ST GROUP IN NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOLOGY NIAGARA DOOR HARDWARE 1434220 ONTARIO LIMITED NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 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 TAXI NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM Cheque No. 302676 302002 302003 302258 302491 302004 302259 302677 302678 302260 302262 302007 302264 302493 302494 302495 302496 302680 302681 302006 302263 302492 302679 302008 302498 302009 302682 302265 302499 302500 302266 302683 302684 302267 302501 302010 302268 302269 302270 302271 302502 302272 302685 302273 302274 302503 302504 302505 302275 302276 302277 302686 302278 302279 302015 302283 302510 302511 302690 302691 302012 302280 302687 302013 302014 302281 302507 302508 302688 302689 302694 302692 302693 Cheque Date 27- Jun -2006 06- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 06- Jun -2006 1.3- Jun -2006 27- Jun -2006 27 -Jun -2006 13 -Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20-Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 27- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 27 -Jun -2006 06- Jun -2006 20- Jun -06 06- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 20-Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 13 -Jun -2006 13- Jun -2006 20 -Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13 -Jun -2006 27- Jun -2006 13- Jun -2006 13 -Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006. 20- Jun -2006 27- Jun -2006 27- Jun -2006 06- Jun -2006 Purpose CONSULTING SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONSULTING SERVICES MATERIALS MATERIALS CONTRACT SERVICES REFUND ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE GRANT LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE REFUND ADMINISTRATIVE ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS REFUND ADMINISTRATIVE MATERIALS ADMINISTRATIVE REFUND REFUND MATERIALS REFUND REFUND REFUND CONTRACT SERVICES REFUND ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE 13- Jun -2006 ADMINISTRATIVE 27- Jun -2006 ADMINISTRATIVE 06- Jun -2006 REMITTANCE 06 -Jun -2006 UTILITIES 13 -Jun -2006 UTILITIES 20- Jun -2006 REMITTANCE 20- Jun -2006 UTILITIES 27- Jun -2006 REMITTANCE 27- Jun -2006 UTILITIES 27- Jun -2006 MATERIALS 27- Jun -2006 GRANT 27- Jun -2006 MATERIALS Page 7of11 Amount 10,668.67 94.95 132.00 20.00 60.00 1,198.40 2,222.27 216.31 10,186.24 782.91 194.96 109.23 109.23 886.43 5,208.99 280.19 109.23 109.23 600.00 1,804.76 1,804.76 1,552.08 1,552.08 500.00 2,530.00 56,048.67 176.55 1,605.37 915.96 80.94 20.00 326.80 300.00 646.88 127.02 78.91 1,9.68.92 347.85 20.00 1,056.71 1,284.00 20.00 179.16 750.00 2,652.65 11,282.26 600.00 60.00 750.00 820,733.49 7,133.75 3,553,377.26 180.83 1,184.50 2,184.24 2,188.24 2,168.32 4,346.52 2,168.32 500.00 1,440.00 85.00 37,711.83 6,946.56 1,253.64 3,305.85 4,284.79 8,494.23 7,032.49 96,792.00 52.70 27,500.00 3,424.01 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA HAIR DESIGN NIAGARA MOTORS NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA RIVER CONSTRUCTION LIMITED NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA TRANSIT NIAGARA TRANSPORTATION CENTRE NIAGARA UNITED ENTERPRISES LTD NIAGARA WATER CONDITIONING LTD NIAGARA.COM NICHOLLS MARINE LTD NICOLETTA CONSTRUCTION NORJOHN LTD NORJOHN LTD NORSTAN RESORTS INC NORTHERN SPECIALITY SUPPLIES INC NORTHSTAR CONSTRUCTION NORTHSTAR CONSTRUCTION NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS NUMES,PATRICK O REIT HOLDINGS INC IN TRUST 0 E ENTERPRISES OPSING OLD ST JOHN'S STAMFORD HERITAGE ASSOCIATION OLDER ADULT CENTRES ASSOCIATION OF ONTARIO OLSEN SOTTILE INSURANCE BROKERS INC OMHRA OMNI MEDIA PRODUCTIONS LIMITED ONTARIO PRESSURE SERVICES INC ONTARIO PRESSURE SERVICES INC ONTARIO WATER PRODUCTS INC PAGENET OF CANADA INC PAGENET OF CANADA INC PAISLEY PRODUCTS OF CANADA INC PALMER,WENDALL PANUCCI,RALPH PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PARQUETTE,CHRIS& PARQUETTE, ELISABETTA PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA CONSTRUCTION INC PENINSULA MAINTENANCE LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PERFORMANCE. POLYMERS INC PERKINS,LORIE PERRICELLI,TONY PETRELLA,MARCELLO PHILIPS ENGINEERING PHILIPS ENGINEERING PHILLIPS,GERALD PIERINI,DAVID PIPEFLO CONTRACTING CORPORATION PIRILLO,IDA POPKO,SUSAN POPPA CORN CORP PORTAGE BAKERY LIMITED POTTS,JESSICA POWERTECH ENTERPRISES INC PRATA,GUY PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PRESTIGE PORTABLE TOILETS PRESTIGE PORTABLE TOILETS PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PULICE,GABRIEL Cheque No. 302284 302512 302695 302696 302285 302286 302016 302287 302017 302288 302513 302289 302290 302506 302514 302697 302398 302698 302291 302018 302019 302699 302700 302701 302292 302705 302020 302702 302021 302293 302703 302515 302704 302516 302294 302517 302295 302518 302706 302296 302519 302022 302299 302300 302707 302520 302298 302297 302521 302301 302023 302302 302024 302303 302304 302708 302025 302305 302306 302026 302709 302523 302525 302027 302526 302710 302028 302711 302527 302712 302713 302307 302528 Cheque Date 13- Jun -2006 20- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 27- Jun -2006 14- Jun -2006 27- Jun -2006 13- Jun -2006 06- Jun -2006 06- Jun -2006 27- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 27- Jun -2006 06- Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 06- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 06 -Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 06- Jun -2006 13 -Jun -2006 13- Jun -2006 06- Jun -2006 27- Jun -2006 20- Jun -2006 20- Jun -2006 06-Jun -2006 20- Jun -2006 27- Jun -2006 06- Jun -2006 27- Jun -2006 20- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 20- Jun -2006 Purpose REFUND EQUIPMENT ADMINISTRATIVE ADMINISTRATIVE UTILITIES REFUND MATERIALS ADMINISTRATIVE GRANT EQUIPMENT ADMINISTRATIVE REFUND MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES UTILITIES MATERIALS REFUND REFUND REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REMITTANCE MATERIALS MATERIALS MATERIALS REFUND REFUND CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND CONTRACT SERVICES REFUND MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES GRANT CONTRACT SERVICES REFUND Page 8 of 11 Amount 547.60 21,965.00 1,399.58 429.76 174.99 1,144.65 37.45 717.24 250,000.00 83,672.00 1,089.77 4,135.59 69.55 144.94 389.28 250.00 157,839.46 61,004.50 7,645.97 236.90 2,086.50 2,407.50 1,710.00 600.00 10,526.28 752.17 4,007.78 540.00 1,836.00 160.50 1,171.85 642.00 642.00 368.00 431.17 74.75 776.91 400.00 750.00 938.04 750.00 127.24 64.87 128.74 3,415.70 6,639.35 228.98 244.00 5,939.75 20.00 150.00 1,355.96 31,137.52 1,758.58 20.00 750.00 26,062.15 2,130.10 20.00 634.25 500.00 211.84 728.87 31.23 164.40 26.97 17.33 1,966.45 1,751.30 837.16 21,038.67 707,010.22 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PULLIA,RITA PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUALITY RELOCATION SERVICES INC R D CONSTRUCTION (NIAGARA) LTD R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RAG RENTALS LIMITED RAINBOW GREENSHOUSES LTD RANDY LEVINSON ARBITRATION SERVICES LTD RANDY LEVINSON ARBITRATION SERVICES LTD RAVEN,BONNIE RCI CONSULTING RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL OF CANADA RECREATIONAL MINOR HOCKEY ASSOCIATION REGIONAL DOORS HARDWARE REGIONAL SANDBLASTING PAINTING INC RESQTECH SYSTEMS INC REZEL,JESSE RICOH CANADA INC RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED RIVER REALTY DEVELOPMENT (1976) INC RIVER REALTY DEVELOPMENT (1976) INC ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROBBINS,JANE ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC RONA ONTARIO INC RONA ONTARIO INC ROSE,RICK ROSS,JOHN ROTHSAY RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES RUDAN EXPORTS IMPORT LTD SABOURIN,LOURIE J SACCO CONSTRUCTION SACCO CONSTRUCTION SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFETY TODAY SAINT GOBAIN CERAMIC MATERIALS CANADA INC SALCI,TED SALVATORE,MATTHEW SCARINGI,VITO SCARINGI,VITO SCOTIABANK SCOTIABANK SCOTIABANK SCOTT,JOANNE SEICK,WILLIAM SERRAVALLE,LEONARDO& SERRAVALLE, MARCELLA SETON SHAHEEN PEAKER LTD SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHILLINGTON,ALLISON SHRED IT CANADA TORONTO SICO INC SIDOFF,ROBERT SIDOFF CLEANERS AND TAILORS LTD SIGNATURE SIGNS Cheque No. Cheque Date Purpose 302030 06- Jun -2006 REFUND 302031 06- Jun -2006 REMITTANCE 302529 20- Jun -2006 REMITTANCE 302714 27- Jun -2006 REMITTANCE 302032 06- Jun -2006 REMITTANCE 302531 20- Jun -2006 MAINTENANCE AND REPAIRS 302542 20- Jun -2006 MATERIALS 302044 06- Jun -2006 CONSULTING SERVICES 302715 27- Jun -2006 MATERIALS 302308 13- Jun -2006 REFUND 302309 13- Jun -2006 MATERIALS 302033 06- Jun -2006 CONSULTING SERVICES 302530 20- Jun -2006 CONSULTING SERVICES 302310 13- Jun -2006 MATERIALS 302034 06- Jun -2006 CONSULTING SERVICES 302035 06- Jun -2006 REMITTANCE 302036 06 -Jun -2006 REMITTANCE 302311 13- Jun -2006 REMITTANCE 302312 13- Jun -2006 REMITTANCE 302532 20- Jun -2006 REMITTANCE 302533 20- Jun -2006 REMITTANCE 302716 27- Jun -2006 REMITTANCE 302313 13- Jun -2006 REMITTANCE 302717 27- Jun -2006 ADMINISTRATIVE 302719 27 -Jun -2006 MATERIALS 302314 13- Jun -2006 MAINTENANCE AND REPAIRS 302538 20- Jun -2006 MATERIALS 302315 13- Jun -2006 ADMINISTRATIVE 302539 20- Jun -2006 MATERIALS 302040 06- Jun -2006 MATERIALS 302540 20 -Jun -2006 MATERIALS 302316 13- Jun -2006 REFUND 302541 20- Jun -2006 REFUND 302317 13- Jun -2006 MATERIALS 302720 27- Jun -2006 CONTRACT SERVICES 302318 13- Jun -2006 MATERIALS 302041 06- Jun -2006 MATERIALS 302544 20- Jun -2006 UTILITIES 302042 06- Jun -2006 MATERIALS 302319 13- Jun -2006 MATERIALS 302722 27- Jun -2006 ADMINISTRATIVE 302320 13- Jun -2006 REFUND 302321 13- Jun -2006 MATERIALS 302322 13- Jun -2006 REFUND 302323 13- Jun -2006 REFUND 302324 13- Jun -2006 REFUND 302545 20- Jun -2006 CONTRACT SERVICES 302546 20-Jun -2006 CONTRACT SERVICES 302723 27- Jun -2006 CONTRACT SERVICES 302045 06- Jun -2006 MATERIALS 302325 13- Jun -2006 MATERIALS 302326 13- Jun -2006 REFUND 302724 27- Jun -2006 ADMINISTRATIVE 302547 20- Jun -2006 ADMINISTRATIVE 302327 13- Jun -2006 MATERIALS 302328 13- Jun -2006 ADMINISTRATIVE 302329 13- Jun -2006 ADMINISTRATIVE 302725 27- Jun -2006 ADMINISTRATIVE 302726 27- Jun -2006 ADMINISTRATIVE 302330 13- Jun -2006 MATERIALS 302331 13- Jun -2006 MATERIALS 302332 13- Jun -2006 REFUND 302727 27- Jun -2006 MATERIALS 302046 06- Jun -2006 CONSULTING SERVICES 302047 06-Jun -2006 MATERIALS 302333 13-Jun -2006 MATERIALS 302548 20 -Jun -2006 MATERIALS 302334 13- Jun -2006 ADMINISTRATIVE 302549 20 -Jun -2006 MATERIALS 302048 06- Jun -2006 MATERIALS 302336 13-Jun -2006 REFUND 302335 13- Jun -2006 REFUND 302049 06- Jun -2006 MATERIALS Page 9 of 11 Amount 258.67 91.04 224.36 176.86 2,035.65 3,303.60 1,382.50 8,456.99 267.58 1,091.00 508.56 1,440.97 2,869.55 20.00 3,365.62 138.47 193,565.42 191,048.01 138.47 138.47 203,164.34 187,746.93 340.80 1,175.00 301.30 1,610.00 2,624.55 333.33 179.69 129.35 4,919.27 4,391.39 393.00 456.73 740.15 20.00 1,287.69 2,835.20 423.85 1,245.36 150.00 446.30 276.00 54,592.71 3,673.39 20.00 55,564.61 1,885.88 3,798.50 314.66 914.11 5,812.15 1,160.00 150.00 500.00 163.31 3,445.09 181,947.18 48,099.39 20.00 20.00 416.66 372.81 2,301.57 777.05 1,345.75' 1,333.16 1,500.00 69.55 198.17 768.30 1,122.77 2,714.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SIMMS,LINDSAY& SIMMS, BERNITA SIMPLEX GRINNELL SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SINGULAR PRODUCTIONS LIMITED SKOTIDAS,NICK SLOETJES,JESSE SNYDER,BILL SORRENTI HOME IMPROVEMENTS SPADAFORA,CARMINE SPEARE SEEDS SPECIALTY COMMERCIAL AND INDUSTRIAL LEASING LTD SPECK INDUSTRIES INC SPENCER,ALAN ST JOHN AMBULANCE ST LOUIS,MARIO ST SAGA HOLDINGS INC STANDARD RADIO INC STAR COLLISION SERVICE STOKES INTERNATIONAL SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREMEX INC SWISH MAINTENANCE LIMITED T C HOLDINGS TAD LIGHTING SERVICES LTD TAD LIGHTING SERVICES LTD TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TAYLOR,ALEX TAYLOR,BARBARA TEICHGRAF,BRIAN TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TESKEY,BERNADETTE THE BIRKS COMPANY THE CORPORATION OF TOWN OF OAKVILLE THE DENNIS GROUP THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE GREENFIELD GROUP LTD THE MOST REV DONALD MULLAN THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THOMAS CLAPP,SUE THORNTON,DEBORAH THOROWEST PLAZA LTD THUNDERING WATERS GOLF CLUB TIM HORTONS STORE #30 TORONTO FABRICATING MFG CO TORONTO FABRICATING MFG CO TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TREMBLAY CONSTRUCTION Cheque No. 302728 302337 302338 302050 302339 302550 302340 302342 302552 302553 302345 302346 302347 302730 302731 302351 302353 302348 302350 302352 302732 302554 302555 302354 302355 302733 302359 302054 302556 302356 302557 302357 302358 302360 302361 302055 302362 302558 302363 302364 302365 302560 302561 302366 302056 302367 302562 302735 27- Jun -2006 302057 06- Jun -2006 302058 06- Jun -2006 302737 27- Jun -2006 302059 06- Jun -2006 302369 13- Jun -2006 302037 06- Jun -2006 302038 06- Jun -2006 302039 06- Jun -2006 302534 20- Jun -2006 302535 20-Jun -2006 302536 20- Jun -2006 302537 20-Jun -2006 302718 27- Jun -2006 302738 27- Jun -2006 302563 20- Jun -2006 302371 13-Jun-2006 302372 13- Jun -2006 302564 20- Jun -2006 302565 20- Jun -2006 302060 302739 302566 302374 302740 302568 Cheque Date 27- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 13 -Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 27- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13-Jun-2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 27- Jun -2006 13- Jun -2006 06- Jun -2006 20- Jun -2006 13- Jun -2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 06- Jun -2006 13-Jun-2006 20- Jun -2006 13- Jun -2006 13- Jun -2006 13- Jun -2006 20- Jun -2006 20- Jun -2006 13- Jun -2006 06- Jun -2006 13- Jun -2006 20-Jun -2006 06- Jun -2006 27- Jun -2006 20- Jun -2006 13- Jun -2006 27- Jun -2006 20- Jun -2006 Purpose REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND REFUND MATERIALS REFUND MATERIALS ADMINISTRATIVE GRANT MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS EQUIPMENT REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE UTILITIES MATERIALS UTILITIES UTILITIES CONTRACT SERVICES MATERIALS CONSULTING SERVICES MATERIALS REMITTANCE MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MAINTENANCE AND REPAIRS CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS REFUND- REFUND ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND Page 10 of 11 Amount 102.59 149.21 1,575.19 2,263.20 1,139.65 150.00 1,000.00 20.00 890.00 1,035.00 901.31 1,216.00 920.00 400.00 32,500.00 20.00 670.98 695.50 4,573.20 862.26 247,189.58 1,708.17 269.08 102.72 725.11 39,497.90 24,022.85 28,462.00 1,464.83 1,280.89 952.30 20.00 20.00 250.00 3,149.54 814.35 1,187.11 8,942.64 7,418.08 20.00 28,706.88 29,612.50 1,691.41 518.42 8,763.00 7,728.00 6,890.80 8,347.28 1,733.40 56.34 1,640.10 299.00 565.80 149,181.75 1,324,709.51 3,531.97 323,540.00 139,360.00 2,300.00 13,532.10 1,481,728.37 1,540.80 300.00 750.00 2,905.09 837.81 34.74 6,066.25 736.00 11,149.18 1,487.30 3,959.00 1,500.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TRI CITY CURB CUTTING INC TVCOGECO TYERS,SUSAN TYNDALL,MARION UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALUE ADDED SYSTEMS INC VALUE ADDED SYSTEMS INC VANCOR SUPPLY VELLEKOOP,JONATHAN VERNON DIRECTORIES VERROCHE,KEVIN VUCKOVIC,NICK VUKSAN,DUSAN& VUKSAN, MAGDICA WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WARNER,BILL WASHINGTON MILLS ELECTRO MINERALS CORP WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WHALEN,RICHARD WHEELER,SUE WHELAN,FAITH WINGER,TERRI WINGER,TERRI WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WYLIE,BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES Cheque No. Cheque Date Purpose 302741 27- Jun -2006 CONTRACT SERVICES 302062 06- Jun -2006 MATERIALS 302375 13- Jun -2006 MATERIALS 302376 13- Jun -2006 MATERIALS 302063 06- Jun -2006 MATERIALS 302377 13- Jun -2006 MATERIALS 302569 20- Jun -2006 REMITTANCE 302380 13- Jun -2006 CONSULTING SERVICES 302386 13- Jun -2006 CONTRACT SERVICES 301916 31- May -2006 CONTRACT SERVICES 302381 13- Jun -2006 MATERIALS 302742 27- Jun -2006 EQUIPMENT 302382 13- Jun -2006 MATERIALS 302384 13- Jun -2006 ADMINISTRATIVE 302570 20- Jun -2006 MATERIALS 302385 13- Jun -2006 MATERIALS 302744 27- Jun -2006 REFUND 302387 13- Jun -2006 REFUND 302572 20- Jun -2006 MATERIALS 302065 06- Jun -2006 MATERIALS 302571 20- Jun -2006 MATERIALS 302745 27- Jun -2006 ADMINISTRATIVE 302388 13- Jun -2006 REFUND 302389 13- Jun -2006 CONSULTING SERVICES 302067 06- Jun -2006 MATERIALS 302390 13- Jun -2006 MATERIALS 302746 27- Jun -2006 MATERIALS 302391 13- Jun -2006 MATERIALS 302392 13- Jun -2006 ADMINISTRATIVE 302573 20- Jun -2006 MATERIALS 302393 13- Jun -2006 ADMINISTRATIVE 302747 27- Jun -2006 ADMINISTRATIVE 302748 27- Jun -2006 GRANT 302394 13- Jun -2006 CONTRACT SERVICES 302574 20- Jun -2006 CONTRACT SERVICES 302749 27- Jun -2006 GRANT 302068 06- Jun -2006 MATERIALS 302750 27- Jun -2006 MATERIALS 302069 06- Jun -2006 REMITTANCE 302395 13- Jun -2006 REMITTANCE 302751 27- Jun -2006 ADMINISTRATIVE 302396 13- Jun -2006 MATERIALS 302575 20- Jun -2006 MATERIALS 302397 13- Jun -2006 MATERIALS 302576 20- Jun -2006 REMITTANCE 302577 20-Jun -2006 CONTRACT SERVICES 302578 20- Jun -2006 MATERIALS 302752 27- Jun -2006 GRANT Total Page 11 of 11 Amount 574.44 34.50 20.00 20.00 136.34 306.42 1,232.00 877.40 21,667.53 43,116.29 5,468.25 9,919.90 2,744.56 1,000.00 166.46 20.00 750.00 1,401.50 185.89 4,019.10 3,454.22 500.00 2,569.57 4,112.55 11,689.70 5,749.63 1,040.53 20.00 26.59 84.60 65.00 65.00 31,666.68 5,646.51 11,293.02 2,083.33 38,767.26 34,146.33 250,00 9,459.32 604.61 529.86 318.86 27.23 1,292.69 2,308.68 1,586.26 5,181.83 20,836,754.69 Passed this tenth day of July, 2006. First Reading: July 10, 2006. Second Reading; July 10 2006.' Third Reading: July 10, 2006. CITY OF NIAGARA FALLS By -law No. 2006 -111 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10t day of July, 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 10 day of July, 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