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2006/10/16COUNCIL MEETING Monday, October 16, 2006 Order of Business and Agenda Package PRAYER: Alderman Selina Volpatti O CANADA: Jenna Grecco ADOPTION OF MINUTES: Council Minutes of September 25, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Park In the City COUNCIL MEETING October 16, 2006 PRESENTATIONS /DEPUTATIONS Frank Fohr will receive the City's Environment Award and the Environment/Tidiness Sub- committee of the Park in the City Committee will advise Council of their Fall "City Clean Sweep" day. UNFINISHED BUSINESS NOTICE OF MOTION 1. That the commitment to the Downtown Revitalization be limited to $12 million for necessary improvements to the existing infrastructure; and That the $12 million be comprised in part by the $5.6 million from the sale of the Montrose Road property that Council has already approved for use for the revitalization. -AND- Background Material: Recommendation Report: CD- 2006 -14 Notice of Motion -AND- Memorandum from City Clerk Correspondence from Joe Mrkalj Correspondence from Cal Beresh Please note: Aaron Lichtman, Historic Niagara and David Hagarty, Downtown Board of Management have requested to speak to this matter. Public Meeting Final Report Historic Drummondville Main Ferry) Community Improvement Plan Background Material: Recommendation Report: PD- 2006 -79 Public Meeting Zoning By -law Amendment Application, AM 14/2006 Southwest Corner of Montrose Road and Preakness Street Applicant: Goldmanco, Agent: Fred Paul, Hynde, Paul Associates Proposed Neighbourhood Commercial Plaza Background Material: Recommendation Report: PD- 2006 -84 -AND- 2 PLANNING MATTERS Correspondence from Brian Sinclair Correspondence from Nan and Doug Wallace Correspondence from Hugh Fyffee, Project Manager, Ministry of Transportation Correspondence from Peter Colosimo, Niagara Region Planning Development Dept. Correspondence from Region's Public Works Department Correspondence from Anthony Roberto Background Material: Recommendation Report: PD- 2006 -87 -AND- 1 Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 3 Public Meeting Zoning By -law Amendment Application, AM- 31/2006 South Side of Dixon Street Between Level Avenue and Cleveland Avenue, Applicant: Rudan Holdings, Agent: Wayne Thomson Proposed Temporary Use By -law for a Surface Parking Lot Background Material: Recommendation Report: PD- 2006 -86 -AND Correspondence from the Region's Planning Development Dept. Public Meeting Zoning By -law Amendment Application, AM- 30/2006 5038 Marshall Road, Applicant: Michael and Joan Stoll Machine Shop Use Correspondence from the Region's Planning Development Dept. MISCELLANEOUS PLANNING MATTERS PD- 2006 -62 Charting the Course for 2031" The City's Official Plan Review PD- 2006 -85 Status of Tourist Commercial Policy Projects PD- 2006 -88 Matters Arising from the Municipal Heritage Committee PD- 2006 -89 Greenbelt Plan Natural Heritage Features Data Municipal Planning Data Licence Agreement (MPDL) -4- MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Winter Festival of Lights are requesting Council's approval for the pyrotechnic fireworks display. RECOMMENDATION: For the Approval of Council 2. Safe Kids Canada respectfully request that the week of October 23 -29, 2006 be proclaimed as "Safe Crossing Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Arts Culture Week respectfully request that the week of October 29 to November 4 2006, be declared as Arts Culture Week. RECOMMENDATION: For the Approval of Council 4. Minister of Citizenship and Immigration request that October 16 -22 be declared as "Canada's Citizenship Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS CLERKS MATTERS 5- REPORTS 1. Chief Administrative Officer CD- 2006 -15 Compliance Audit Committee 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 -50 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001. F- 2006 -51 Municipal Accounts MW -2006 -109 Mechanic Street/ Keller Street Sanitary and Watermain Replacement and Road Reconstruction. (HANDOUT) MW- 2006 -116 Contract 2006 173 -06 Construction Inspection Services Mechanic Street/Keller Street Road and Services Reconstruction MW- 2006 -119 Award of Consulting Services on the Garner Southwest Project MW- 2006 -120 Downtown Huron Street Opening Environmental Assessment Consultant Selection R- 2006 -29 Arts Culture Wall of Fame Induction Ceremony FS- 2006 -09 Staffing Phase 4 -6- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -185 A by -law to adopt a mark, symbol or design for the Fire Services Crest for The Corporation of the City of Niagara Falls. 2006 -186 A by -law to authorize the execution of an Agreement of Purchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. 2006 -187 A by -law to authorize the execution of an Offer to Purchase from Arduino Pizzicarola respecting the purchase of lands being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2006 -188 A by -law to authorize the payment of $19,492,994.16 for General Purposes. 2006 -189 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2006 -190 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 -191 A by -law under section 30.1 of the Ontario Heritage Act, R.S.O. 1990 to amend By -law No. 99 -109 being a by -law to designate the Battle Ground Hotel Museum located at 6137 Lundy's Lane as a building of cultural heritage value. 2006 -192 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of October, .2006. NEW BUSINESS Teresa Fabbro City's Environment Award From: "Sue Forcier" <sforcier @niagarafalls.ca> To: <diorfida @niagarafalls.ca> Date: 8/24/2006 3:41 PM Subject: City's Environment Award CC: <tfabbro @niagarafalls.ca> Hi Dean: This year's receiptant is Mr. Frank Fohr. We would like to present this award on October 16, 2006 Council Meeting. I will be providing a brief background to you in the following weeks. Thanks, Sue Page 1 of 1 :l::a:>'k w'rN.... TAVARM, i s' 't�sb�•'.R q AM BEN:? MITAR£..,3.�.�t'E„E. MM :f. file: /C:\Documents and Settings \tn206\Local Settings \Temp \GW }00001.HTM 10/3/2006 ENVIORONMENT AWARD 2006 The City of Niagara Falls is pleased to present the 2006 Environment Award to Mr. Frank Fohr. Frank Fohr is an original. He is intense, intelligent and interested in many aspects of life. Park in the City has benefited greatly from his leadership as chair of the Urban Forestry committee. He has personally spearheaded several plantings of needed trees, shrubs and wild flowers in parks around this city; and he is not done yet. As a secondary school teacher, he was noted for his tough, yet thorough teaching style. At St. Paul H5 he sponsored the Outers Club and Orientation Club, which showed students the fun and beauty of the outdoors. He is the founder of the St. Paul Nature Trail, a microcosm of the Carolinian Forest, which used to cover the entire Niagara Region. He is an environmentalist. He shops organic, recycles and walks or rides his bike whenever possible. For many years, he has donated his time to the Council of Canadians and the Catholic organization, Development and Peace. Other groups he has been part of are: Alpha, Holy Name Society and Out of the Cold. Page 1 All of this is on his own time. In all of these endeavours, he has been partnered by his wife of 30 years, Marina. His two daughters have followed in their parents' footsteps by becoming volunteers in their own spheres. They are proud of his accomplishments. Frank Fohr truly cares about the earth and the people who inhabit this big, blue planet Teresa Fabbro Fwd Deputation Request for Oct 16th Council Meeting From: Dean lorfida To: Teresa Fabbro Date: 9/12/2006 2:57:48 PM Subject: Fwd: Deputation Request for Oct.l6th Council Meeting October 16th file. "Rudy mascarin" <mascarinrp @sympatico.ca> 9/12/2006 12:44 PM Dear Mayor Salci, The Park in the City Committee Environment/Tidiness Sub Committee is requesting a Deputation at the City Council meeting on Monday, October 16th so we can introduce our Fall "City Clean Sweep" Day to all council members and to our residents. The cleanup day is Saturday, October 28th, 9 a.m. to 12 noon. Headquarters to be at Oakes Park Morrison Street entrance. Refreshments at 12 noon. We need volunteers to mak0 this event work we would also like to offer a:challenge to all council members to come out alone or with their own team, to collect the most "pitch -in" garbage bags of trash helping to "clean up our city Thank you for your consideration on this matter, I remain, a dedicated volunteer, Pat Mascarin, Chair Environment/Tidiness Sub Committee. The City of Niagara Falls Canad -n om Corporate Services Department CD- 2006 -14 Clerk's Division Dean lorfida 4310 Queen Street City Clerk P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfda @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: September 25, 2006 Re: CD- 2006 -14 Notice of Motion RECOMMENDATION: That Council consider the notice of motion. BACKGROUND: Alderman Ioannoni brought forward the following notice of motion: That the commitment to the Downtown Revitalization be limited to $12 million for necessary improvements to the existing infrastructure; and That the $12 million be comprised in part by the $5.6 million from the sale of the Montrose Road property that Council has already approved for use for the revitalization. It will be up to Council to consider the motion on its merits; however, Council should be made aware of the following additional information: The 2006 -2010 Capital Projects Budget includes $36,120,000 for the Downtown Revitalization Project. The project spans 2006 to 2008, and includes expenditures for Municipal Works, Parks, Parking and related due diligence. The project cost does not include the Community Improvement Plan Financial Incentive costs, nor any land acquisition or disposition costs. The major funding for the project is from Land Sale Proceeds, Reserve Funds and Debentures. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 25, 2006 2 CD- 2006 -14 The Council approved obtaining an independent marketing study and business plan regarding the Downtown. The study and plan will be key materials in approaching senior levels of government regarding the securing of resources. The time line for the marketing and business plan is anticipated at three to four months. It is hoped that by the 2007 budget period, the City will have received some feedback from the other levels of government regarding possible funding for the Downtown project. During the 2007 budget deliberations, the Council of the day will have to determine how much it will commit to the Downtown Revitalization project. A motion adopted by Council (i.e., a resolution) is an expression of that Council's will or expression of opinion on a particular matter, at a particular time. Therefore, if this Council were to pass the notice of motion before it this evening, it does not bind the next Council. Finally, a comment on notices of motion: although Niagara Falls City Council has not been in the habit of giving such notice, it is a commendable practice. A notice of motion gives the other Council members some prior warning so that they are not called upon to consider a matter unexpectedly and it allows staff to provide any necessary background reports related to the substance of the motion. Recommended by: R te; ectfully submitted: Dean Ior a City Cl rk Approved by: T. Ravend Executive Director of Corporate Services John MacDonald Chief Administrative Officer Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Reconsideration The motion on tonight's agenda is: Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci AYE NAY AYE AYE AYE Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing The City of Niagara Falls Canada Date: October 16, 2006 A few Council members have inquired whether the Notice of Motion proposed by Alderman Ioannoni requires a reconsideration motion prior to even being considered as a stand alone main motion. That the commitment to the Downtown Revitalization be limited to $12 million for necessary improvements to the existing infrastructure; and That the $12 million be comprised in part by the 5.6 million from the sale of the Montrose Road property that Council has already approved for use for the revitalization. Arguably, the second recitation in the motion is redundant. On May 8 2006 Council approved the following: ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the City of Niagara Falls agrees to apply the total net funds received in the term of this Council from the sale of City owned property at McLeod and Montrose Roads to the Downtown Revitalization Project Reserve Fund. AYE NAY AYE NAY On May 29th, Council approved the following recommendations of the Corporate Services: That the revenue and expense amendments to the 2006 General Purposes Budget be approved. That the Downtown Revitalization Capital Project be approved subject to the satisfactory completion of due diligence. That Committee recommend that Council authorize the use of debenture funding, as requested, for the Downtown Revitalization Capital Project. That all avenues for alternative funding be explored to the maximum extent available for the Downtown Revitalization Project. Working Togetber to Serve Our Community If Alderman Ioannoni's motion was to pass it would arguably contradict the motions approved on May 29` therefore, it is probably appropriate that a reconsideration motion occur first. Approving a reconsideration motion doesn't necessarily mean that Council is in favour of the (Notice of) motion. It would merely mean that Council is willing to debate the merits of Alderman Ioannoni's motion. Reconsiderations The Standing Rules of Council state the following: RECONSIDERATIONS Rule 27: After a motion is passed or report adopted no motion for a reconsideration thereof shall be introduced during the same meeting unless it is moved and seconded by two members from among those who voted with the majority that carried the main motion or report. Rule 28: If the motion for reconsideration be not made until the next meeting the question shall not be reconsidered unless a majority of the whole Council, votes therefor No question shall be reconsidered more than once nor shall a vote to reconsider be reconsidered Rule 28 refers to the "next meeting." Does this mean a reconsideration can not be made at any subsequent meetings? Under strict parliamentary procedure, reconsideration motions only occur at the same meeting of the assembly. Revisiting past motions of the assembly can only occur with a motion to amend a previous decision or a motion to rescind the previous decision. Some municipalities place time limits on when a reconsideration or amendment to a previous decision may take place, in their procedural by -law. Examples of time limits could be "one reconsideration per year of a substantive motion" or "one reconsideration per term As an aside, a question that arises when amending or reconsidering past decisions of Council is how far back can a Council go to reconsider a decision. Noted Parliamentarian, James Lochrie in his book, Meeting Procedures: Parliamentary Law and Rules of Order for the 21st Century states the following: Organizational memory is not perfect; therefore, recent decisions, properly made, take precedence over previous decisions when in conflict. Organizations often adopt policies or make decisions when a decision or policy on a subject already exists but is generally unknown. When this occurs the organization has amended or rescinded the previous decision or policy "by implication." It is not reasonable to assume that old policy or decisions are generally known or accessible to the current administration or members. If the concept of rescinding by implication were not allowed, significant problems could arise in an organization." Based on the above, a recent approved motion would take precedence over a previous contradictory motion(s). Finally, I would remind Council of the following, which I have pointed out when reconsiderations have come up in the past: The purpose of reconsidering a vote is to permit correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. September 24, 2006 Joe Mrkalj 4573 Queen Street Niagara Falls, ON L2E 2L7 905- 371 -1722 joe @thedailyplanet.ca Your Honour Mayor Ted Salci and Members of Council The Downtown Revitalization Project is not all about Historic Niagara and one property owner. Historic Niagara owns about one third of our downtown; the City of Niagara Falls I believe owns about one third as well. That still leaves a third of the properties in other ownership. I fall into that other third that no one ever mentions but it is as important to the revitalization as the others. We all plan to take advantage of the opportunity that has arisen but we have mostly taken a silent back seat. Individually we are only small stakeholders but together we are as important as the other two thirds. The 35 million that was committed by you all a few months back is critical to every one of us downtown, not just Historic Niagara. The vision they have initiated is shared by all of us downtown. We all believe in a dynamic, redeveloped Downtown Niagara Falls. Long time residents/ taxpayers of this city own up .to. 7 or 8 properties each and still many others own 2 or 3 properties and so on down to the single property owners. All will be affected by your decisions from now on. I own. 6 buildings on Queen Street, another property on Crysler Avenue, and a property on Park Street; all in the downtown core. In addition my Grandparents live on Huron Street downtown. I am committed to this area, and I am still actively pursuing other properties on Queen Street that become available. All of my buildings were vacant when purchased and most remain vacant now. This revitalization project is exactly what is needed and what I have been waiting for. For years now, the talk of revitalization has not only excited me but all of us on Queen Street. At this time I am simply waiting to move forward to complement any work that Historic Niagara will do. What I own is not a third but it is a considerable amount and I plan on spending millions to redevelop my properties as well. I also will not be able to move forward without the necessary civic improvements that the CIP called for, (as well as the SIP). I don't need to tell you that both were supported by you and the CIP was ratified by the province. This is what I am counting on, it is part of the reason I have made the downtown my number one choice. (Guaranteed loans from major lenders are much easier to obtain with the commitment of 35 million in infrastructure for this area). Even if Historic Niagara "pulls out which as a businessman I cannot imagine, because of their investment well over 20 million dollars already, I will still move forward with my own plans. But it is critical to my plans also that the city's commitment and vision stay strong. This is the time to move forward...we all can nakesomething beautiful and everlasting for all the people of Niagara Falls. I wish to be part of that legacy...it's not just about Historic Niagara. In addition to my downtown properties, I also own residential property in the North end, the South end, and Stamford center; so yes I am also concerned about my property taxes just like everyone else. I believe, and various studies can prove this, that the proposed revitalization will pay for itself over time through higher assessments and from the future developments that this area will create once revitalized. Residential property taxes can only be lowered by increased taxes to commercial properties (and such) that are not carrying their own weight as it pertains to the services that they receive. This is what will happen in our downtown. Everyone in the city will benefit, not only because it will "look pretty", but because higher taxes will be assessed to this area. My own example: Currently most of my properties downtown are vacant with low assessments. I have successfully fought to lower my assessments from year to year over the last 3 years, because of the current situation downtown. In addition, I also receive a third of my property taxes back from the `Rebate of Property Taxes for Vacancies in Commercial and Industrial Buildings' Program. As it stands, the city is not getting their full potential from downtown. This will change with the proposed revitalization. Over time it will become a windfall for the city and the investment of 35 million will be well spent. It will take time, but your vision is important now. I've tried to limit my letter to numbers only but more importantly the other benefits that this commitment will bring are immeasurable...CULTURE, PRIDE, HERITAGE, ARTS, and so on. It's a massive undertaking but all of us working together can make it happen. I thank you in advance and apologize for the length of this email, but I am very passionate about this project and my downtown. Yours Sincerely, Joe Mrkalj From: "Downtown Board of Management" <bia@niagarafallsdowntown.com> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 9/22/2006 3:05:10 PM Subject: Re: September 25 Council Meeting Hi Dean: Chairman Cal Beresh would like to address Council regarding the issue of limiting City funding to $12M as the BIA is strongly opposed to this. Thanks Dorothy Original Message From: "Dean lorfida" <diorfida @niagarafalls.ca> To: <bia @niagarafallsdowntown.com> Sent: Friday, September 22, 2006 2:09 PM Subject: Re: September 25 Council Meeting Please provide more details, as per my earlier e-mail. Thanks "Downtown Board of Management" <bia @niagarafallsdowntown.com> 9/22/2006 1:52:11 PM Hi Dean: The BIA would like to address Council on September 25. Could you please call the office 905 354 -0606 (it's Friday, but lam here till about 3pm) or my cell 905 380 -1880 to confirm that this will be OK. Thanks so much, Dorothy Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2006 Re: PD- 2006 -79, Final Report Historic Drummondville (Main Ferry) Community Improvement Plan PD- 2006 -79 Doug Darbyson Director 1) That Council endorse the background documents to the Historical Drummondville Community Improvement Plan consisting of the Land Use Plan and Conceptual Urban Design Guidelines. 2) That Council pass a by -law (following the Niagara Region's approval of the City's OPA 65 dealing with updated Community Improvement Policies) to designate the Community Improvement Project Area as contained in the Historic Drummondville Community Improvement Plan dated September 2006. 3) That Council pass a by -law (following the Niagara Region's approval of the City's OPA 65) to adopt the Historic Drummondville Community Improvement Plan, dated Septemb: r 2006 and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval. 4) That Council direct staff to proceed with the Implementation Actions as contained in the CIP including the establishment of an Implementation Committee who will be responsible for developing a detailed strategy of project costs and phasing. 5) That Council provide financial support for the implementation of the CIP through the inclusion of $100,000 in the 2007 budget to initiate the implementation of the Plan and the proposed financial incentive programs. As Council is aware, changes to the Municipal Act and the Planning Act over the past few years have made it possible for municipalities to offer incentives to promote private sector development through the adoption of community improvement plans. A number of municipalities in the Province have approved CIP's in recent years including Niagara Falls with the Downtown CIP and City Wide Brownfield CIP. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 16, 2006 2 PD- 2006 -79 In the fall of 2005, Council hired RCI Consulting in association with Marshall Macklin Monaghan and du Toit Hillier to undertake a third Community Improvement Plan (CIP) for the Main and Ferry Street Area. This area has experienced a decline in commercial activity and influx of lower order commercial type uses. During the process of preparing the plan and based on public input, the name of the area was changed to Historic Drummondville to reflect the distinct heritage theme of the area. The intent of the CIP is to provide the vision, direction, strategies and actions that are needed to revitalize this area. The final report on the Historic Drummondville CIP has been submitted by the consultants based on input from two public meetings, a series of meetings with the Technical Advisory Committee (consisting of City and Regional staff and representation from the Main and Ferry BIA) as well as input from City staff. The BIA was also a significant financial contributor to the costs of the CIP. Purpose The purpose of this report is to provide a summary of the final Historic Drummondville CIP. The City's consultants will make a presentation to Council as part of the mandatory public meeting as required under the Planning Act on October 16, 2006. This Public Meeting will also provide an opportunity for the general public to provide input to Council on the final plan. There are two background documents that have been prepared along with the CIP and they are the Land Use Plan and Conceptual Urban Design Guidelines. Council is being requested to endorse these two documents. The Land Use Plan illustrates existing land uses and the changes desired to the City's Official Plan and Zoning By -law that will assist in the revitalization of the CIP area. The Conceptual Urban Design Guidelines highlights the types of design improvements that would be desirable within the CIP area. Historic Drummondville CIP Through the Historic Drummondville CIP, a program of improvements has been identified for revitalizing the historical area and to restore a sense of civic and cultural pride. Historic Drummondville is envisioned as a place that can thrive because of its close proximity to Clifton Hill, Lundy's Lane and the Fallsview Tourist Districts. The Main and Ferry area was a vibrant and active commercial hub within the City. It contains a number of significant heritage features and is surrounded by older established residential areas. The Historic Drummondville CIP promotes the reestablishment of a vibrant mixed use area by encouraging the development of a Vintner's Marketplace to replace Sylvia Place Market and the development of the Lundy's Lane Battlefield as a historic tourist destination. These two key municipally led projects are designed to signal the City's commitment to this area and act as a catalyst for private sector investment. These two developments, along with redevelopment of key vacant sites such as the former Coca Cola plant, will encourage the reestablishment of a higher order of commercial uses and improvement to the overall area. To work toward this end, the CIP recommends implementation of a series of complementary municipal actions including streetscape and gateway improvements. The CIP also includes a comprehensive package of incentive programs designed to stimulate private sector investment in building, rehabilitation, redevelopment and new development in the area. October 16, 2006 3 PD- 2006 -79 The Community Improvement Project Area The CIP recommends a Community Improvement Project Area which is substantially larger than the existing Main and Ferry Community Improvement Area. This is based on the critical needs analysis conducted by the consultants as part of the CIP, as well as, public input. The existing Main and Ferry Community Improvement Area and recommended Historic Drummondville Community Improvement Project Area are shown in Appendix I to this report. Key Land Use Elements The CIP focuses on five key elements and they are highlighted as follows: Gateways Landscaped Focal Points identification of specific gateways and landscaped focal points to announce arrival into the Historic Drummondville Area creating a sense of place and sense of history; Main Street revitalizing the pedestrian environment through sidewalk and streetscape improvements, establishing a point of interest, enhancing the retail frontage, connection to the farmers' market and providing a clear link between Lundy's Lane and the Fallsview Tourist District; Battlefield Precinct celebrating the history of the area, connecting the Battlefield site to Main Street, providing more interpretation, creating a destination and creating a land use that supports heritage programming of the area; Medical /Commercial Precinct offering medical related services and local community commercial uses in the neighbourhood and reestablishing local shopping opportunities; Cultural Market Precinct including Sylvia Place Market Area, creating a major draw for local residents and tourists, reinvigorating an existing community use, accommodating new commercial uses, defining unique public and private spaces, encourage a vital marketplace atmosphere and cultural development. The Financial Incentive Programs In order to assist in stimulating private sector investment and property improvement in the area, four Financial Incentive Programs have been proposed. The Revitalization Grant and Residential Loan Programs follow closely those incentive programs contained in the Downtown CIP. The Commercial Building and Facade Improvement Program is different than the Downtown programs in that a matching grant, as opposed to a loan of up $10,000 per property, is proposed for the physical rehabilitation and improvement of buildings to meet the Building Code. A matching grant of $10,000 for the front facade improvements is the same as the Downtown Program. An additional $5,000 matching grant is proposed for improvement to rear and/or side facades of properties backing onto Sylvia Place Market or properties whose rear and/or side facades are highly visible to Main Street, Ferry Street or Lundy's Lane. Properties designated under the Ontario Heritage Act will also be eligible for an additional $5,000 grant. The maximum matching grant per property under this program will be $25,000. October 16, 2006 4 PD- 2006 -79 A fourth program is the Peer Robinson Residential Rehabilitation Grant Program which proposes a one time maximum $10,000 matching grant to promote the maintenance and improvement of residential properties bounded by Main Street, Peer Street, Allendale Avenue and Robinson Street. This program is not supported by Senior staff as it redirects the focus away from the commercial area revitalization and the limitation of available funds. Another recommended program is the Development Charge Exemption Program which does not fall within Section 28 of the Planning Act and does not form part of the CIP. This program will be forwarded to Council for approval as a separate recommendation and implementing by -law. This program is similar to the requirement for Development Charges Exemption for the Downtown and City Wide CIF's. The Niagara Region does not currently provide exemption of Development Charges for the Main and Ferry Area. As part of the recommendations of this report, staff is requesting that Council direct staff to forward a request to the Region for consideration of Development Charges exemption for the Historic Drummondville CIP Project Area. Implementation Action One of the keys to the successful revitalization of the Historical Drummondville area is proactive leadership and commitment of financial resources on the part of the City. The Historic Drummondville CIP provides the opportunity for success by laying out an Implementation Action Plan. One of the recommendations of the Plan is establishing an Implementation Committee to assist in fulfilling the recommendations of the CIP. As experienced through the Downtown CIP, there will be significant costs associated with its implementation. An estimate ofproject costs and phasing has not been undertaken. It is therefore recommended, as one of the first steps, to establish an Implementation Committee who will be responsible for preparing a strategy for development with proposed expenditures and phasing. The CIP does emphasize three targeted improvements and they are as follows: a) development of a Vintner's Marketplace; b) development and promotion of the Lundy's Lane Battlefield as a tourist destination; and, c) improving connectivity between the Historic Drummondville area and the Fallsview Tourist District. The CIP contains a total of 33 recommendations under the categories of targeted improvements, land use, urban design guidelines, incentive programs and municipal leadership. Council approved OPA 65 earlier this year which contained improved community improvement policies. The Regional Planning staff is prepared to recommend approval of the City's OPA 65 in the coming weeks and upon final approval of the amendment, it is requested that Council approve the by -laws that will designate the Community Improvement Project Area and adopt the Community Improvement Plan. The consultants have prepared a proposed budget for the implementation of the financial incentive programs. In year 1 (2007), they have proposed $80,000. An additional $20,000 is proposed to kick start other work by preparing a feasibility/business plan for the Vintner's Market proposal. October 16, 2006 5 PD- 2006 -79 CONCLUSION: The Historic Drummondville Community Improvement Plan has been prepared by the consultant in cooperation with the City's Technical Advisory Committee. The CIP is also based on considerable input from area landowners and businesses. The Historic Drummondville CIP is an ambitious plan which requires a committed level of investment by the City in terms of financial support and resources. In return for its investment, it is anticipated that the Historic Drummondville area can be successfully revitalized to a prosperous and attractive location that both local residents and tourists will frequent on a regular basis. Prepared by: Bob Bolibruck Community Improvement Program (CIP) Coordinator Recommended by: Doug Darbyson Director of Planning Development and BB:tc Attach. Serge Felicetti Director of Planning Development S:\PDR\2006\PD2006 -79, Final Report HistoricaI Drummondville CIP.wpd oved by: Ravenda Executive Direc r of Corporate Services Respectfully submitted: at hn MacDonald Chief Administrative Officer Appendix I Recommended Historic Drummondville CIP Area and Existing Main Ferry CIP Area Niag ra, lls NM EMI INN Ell 111111iiur� 111111t1I1i.• 1111i11 11 U MW 1111111111 111111111111 111t111111hI!i 11111111111111M 1111111111111I 1111111111111115 111111111111111 111111111111111 iw uniilln Hum 111 111 11 iiiIIllhI wow Now moi I r i 111 11 111 u ,s ^��f� 1111111 LUND S kANE 'o'�.�� /y Kr Ur gie r 17110 111 W NW 1111111.. Or 1.S. 4:45 Vi 1 Erumiv1ri P 1 MOM MEM 1ATSHA ST t. SS W as ■1// 1/11111 1�1111U aroires SUMMER Sr ..11!11.. EMERY ST .1= 1� 11111= m I1 II U 11h 1wh i mh11 Siff 681140. a *NW 20 if sulunumb‘■ 1 MIA SPRING ST m FERRY rn ST NORTH ST :111= 111 11111 MURRAY ST NORTH ST NM IMO 1 rird 1 MOM MOM MOM amilmw ON MO =.11 W 111 unutulll r J Existing Main Ferry Community Improvement Area Recommended Historic Drummondville Community Improvement Project Area ilugtsti70 -r it Lami itinittuntem NORTHST 1 MN ON ilif INE l Ln Elm Niagara Falls The City of Canada Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafails.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Surrounding Land Uses October 16, 2006 PD- 2006 -84 Doug Darbyson Director Re: PD- 2006 -84, Zoning By -law Amendment Application AM- 14/2006, Southwest Corner of Montrose Road Preakness Street Applicant: Goldmanco Agent: Fred Paul, Hynde, Paul Associates Proposed Neighbourhood Commercial Plaza That Council approve the Zoning By -law amendment application to permit revisions to a site specific Neighbourhood Commercial (NC -322) zone as outlined in this report, including increasing the permitted floor area of a single retail store to 1,583 square metres (17,203 square feet). Goldmanco has requested an amendment to the Zoning By -law for approximately 3 acres of the land on the southwest corner of Montrose Road and Preakness Street, shown on Schedule 1. In 1992, Council rezoned the lands to a site specific Neighbourhood Commercial (NC-322), permitting the development of a 3,550 square metre (38,200 square foot) plaza, while restricting the floor area of each retail store to 450 square metres (4,844 square feet). The site is undeveloped. The site specific NC -322 zoning is requested to be changed to reduce the floor area of the commercial development to 2,851 square metres (30,688 square feet) and to permit a retail store (drug store) with a floor area of 1,583 square metres (17,023 square feet). Schedule 2 shows details of the proposal. The southerly part of the property is zoned a site specific Residential Apartment 5B Density (R5B -324), permitting the development of low -rise apartment buildings, and is unaffected by this application. A mix of industrial uses, together with some small -scale residential and commercial uses, lies to the east of the subject lands. A townhouse development exists to the north of the subject lands, while single detached dwellings are located to the west. Vacant lands to the south of the subject land are zoned for low -rise apartment buildings. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 16, 2006 2 Circulation Comments Municipal Works Regional Municipality of Niagara Building By -law Services Fire Services Parks, Recreation and Culture City Clerk No comments. PD 2006 84 Given the traffic expected to be generated by the project, a traffic study is required to be completed at the site plan approval stage in accordance with City policies. A 7 metre by 7 metre (23 feet by 23 feet) daylight triangle is required at the corner of Montrose Road and Preakness Street. Adequate services are available for the development. Regional staff is not opposed to the Zoning By -law amendment application from either a Regional or Provincial planning perspective. The access to Montrose Road is subject to review and approval by Regional Public Works. A 0.3 metre (1 foot) reserve along Montrose Road is to be lifted prior to allowing access. All required building permits to be obtained prior to commencement of construction. No objections. Fire safety concerns can be addressed during the site plan approval and building permit stage. The planting ofboulevard street trees and other landscape requirements will be secured through the site plan approval process. The City has received a several letters of concern from nearby residents. The letters include an objection to the development of a plaza in this location and a request to be involved in the site plan process for the plaza. Also included are objections to the development of the residential block south of the plaza and its potential access onto Ascot Circle. As the commercial use of the property is already approved and the residential block is not part of this application and is already zoned, these concerns cannot be addressed at this time. October 16, 2006 3 PD- 2006 -84 Planning Analysis The adjustment to the store size can be supported because it has been substantiated by a market study. A number of regulatory provisions are proposed to be introduced or adjusted to improve the development's compatibility with surrounding residential land uses. The following is Planning staff's analysis of the application. 1. The proposed neighborhood commercial centre is within the intent and purpose of the Official Plan. 2. The request has been substantiated by a market study. A market study to substantiate the proposed store was completed by Joseph Urban Consultants. Its findings are summarized as follows: The lands are designated Residential by the Official Plan. Approval to develop a neighbourhood plaza on the lands was given through the subdivision and zoning amendment processes in 1992. The Official Plan allows store sizes to be increased if supported by a market study. The larger store will replace the floor area of several smaller retail outlets in this plaza. The proposed store, along with a limited number of other retail and commercial outlets currently permitted, will continue to meet the intended function of the plaza, which is to provide a limited range of goods and services to meet the day to day needs of the surrounding neighbourhood. The proposed store is a new format Shoppers Drug Mart, currently being developed across Ontario, which provides a full range of convenience retail goods (food, books and magazines and photo finishing) in addition to traditional drugstore goods. The drugstore component of the store is expected to take up a little over half the floor area of the store (about 930 square metres or 10,000 square feet). Market potential for an additional 943 square metres (10,152 square feet) of drugstore floor space will exist in 2007. This will grow to 1,255 square metres (13,518 square feet) by 2011. Existing drugstores serving the trade area (Pharma Plus at 8123 Lundy's Lane, Meadows IDA at Mount Carmel Centre and Shoppers Drug Mart in the Niagara Square) should not be negatively impacted by the new store. The proposed drug store will not negatively impact on any larger commercial areas either. Nearby centres such as Niagara Square and the Mount Carmel Centre benefit from a much larger market area, while the Lundy's Lane corridor has the benefit of transient and tourist traffic. 3. The requested zoning is appropriate. The applicant has requested a number of modifications to the regulatory provisions to accommodate the development. These modifications are appropriate for the following reasons: October 16, 2006 The current cap of 450 square metres (4,844 square feet) for all other retail sores in the plaza will remain to ensure the development remains a neighbourhood serving facility. Provisions requiring landscaping strips of 3 metres (10 feet) and 6 metres (19.7 feet) are recommended to be included in the amending by -law to improve the appearance of the plaza and to ensure the residences on Ascot Circle are adequately buffered. 4. The development will be subject to site plan control. Before a building permit can be obtained, the servicing and grading of the property, detailed building elevations, landscaping, lighting, access and pedestrian circulation will be approved and secured in a site plan agreement. A traffic study, to determine appropriate access and circulation and provision of any off -site works, will need to be completed and its recommendations implemented through the site plan approval process. CONCLUSION: 4 PD- 2006 -84 The proposal to locate a 1,583 square metre (17,023 square feet) store on this property, including drugstore and convenience goods, is supported by the findings of a market study. Reducing the maximum heights of the buildings from 10 metres (33 feet) to 6 metres (19.7 feet) reflect the single storey design and will be in keeping with the 1 to 1 1/2 storey built form of the surrounding development. Locating the building closer to Preakness Street (5 metre setback versus 20 metre) and Montrose Road (6 metre setback versus 26 metre) allows the parking to be relocated to the centre of the site which promotes a more pedestrian friendly environment. Reducing the westerly (Ascot Circle) yard building setback from 12 metres (40 feet) to 6 metres (19.7 feet) will accommodate a refuse enclosure within the buildings on site that is screened from residential properties. A reduction in the rear (southerly) yard building setback from 7 metres (23 feet) to 6 metres (19.7 feet). This minor reduction will not impact on the future development of the lands to the south. 1. The application can be supported for the following reasons: The proposed development conforms to the intent of the Official Plan with respect to neighborhood commercial areas. A market study, demonstrating that the proposed drugstore /convenience retail store will not negatively impact on existing drugstores and other commercial areas, has been satisfactorily completed. 2. The Zoning By -.law amendment will implement the floor area caps, height and building setback restrictions and will require the provision of landscape strips to ensure development does not impact on surrounding properties. October 16, 2006 Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development AB:tc Attach. 5 3. Site plan control will further regulate the development and will implement the recommendations of a required traffic study. Approved by: S:\PDR\20061PD2006 -84, AM- 14- 2006,Goldmanco,Southwest corner of Montrose Preakness.wpd PD- 2006 -84 T. Ravenda Executive Di ector of Corporate Services ectfully submitted: ohn MacDonald Chief Administrative Officer Subject Land Location: Applicant: Montrose Rd Goldmanco SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Scale: 1:NTS AM- 14/2006 8/30/2006 3:31:58 PM J 10 0 0 O ig 4 N n^fI O E El E P- 1 0 CC 0 U V/ SCHEDULE 2 I I I i eo to, z ai Yr W 1 CO N GO 0 N 'W zO .0_ J J> W a Nvp 0 20 September 2006 BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario TEL: (905) 356 -7755 FAX: (905) 356 -7772 Mr. Doug Darbyson Director of Planning Development City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Goldmanco Zoning By -law Amendment Application Your File No. AM- 14/2006 In connection with the above matter, I would like to make a very short presentation at the public meeting to be held on October 16, 2006 on behalf of Ascot Woods Ltd. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Brian N. BNS /a RECEIVED 2 vtl:ra File; PLANNING DEVELOPMENT Planning Scanned Nan and Doug Wa 1 aces 1203 75 Queen Street North Hamilton, Ontario UN 313 September 25, 2006 Re: CITY FILE: AM- 14/2006 Dear Sirs: We are owners of the property at 7747 Ascot Circle, (Lot 7) Niagara Falls. We have several concerns re the proposed development as outlined in the information you sent. First, even with the aid of a magnifying glass I was unable to read all the information provided. However I doubt that affects my concerns listed below. The LOCATION MAP shown in SCHEDULE: 1 delineates a far larger tract than is dealt with in SCHEDULE 2. It would appear that the total tract is being considered for rezoning yet no detail whatsoever is given for the larger portion of land. The East face of the "mystery" tract has a short frontage on Montrose Road. This would provide suitable ingress and egress as one of the minimum two means which will surely be required. The Southeast face of the tract appears to face on the railroad tracks generally not suited to mall driveways. The Southwest face fronts on an unidentified band of land which appears to have no roadway. The narrow Westerly face of the "mystery" tract faces onto what appears to be a building lot on the South side of Ascot Circle. It would appear that the only functional location for the second means of access to and from this "mystery" tract would be by way of Ascot Circle A HAZARDOUS AND TOTALLY UNACCEPTABLE ALTERNATIVE. Planning Scanned File: 42164-1 RECEIVED SEP 2 8 2006 PLANNING DEVELOPMENT It is my understanding that an extended hours convenience store generates more customer traffic (most of that by automobile) than a full size supermarket. We respectfully request that a site plan be developed and shared with property owners impacted by development of the said lands. Otherwise the use of those lands could become a Trojan Horse dragged through on a dark night. Sincerely yours, [4) fan 09/20/2006 16:23 416 235 -4267 Ministry of Ministere des Transportation Transports Doug Darbyson Director of Planning Development P.O. Box 1023, City Hall 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Dear Sir: cc: Re: Notice of Public Hearing City File: AM-14/2006 Yours Hugh Fyffe Project Manager CORRIDOR MANAGEMENT Phone: (416) 235 -5124 Central Region Fax: (416) 235 -4267 Corridor Management Section E -mail: hugh.fyffe®mto.gov.on.ca 7 Floor, Bldg. D 1201 Wilson Avenue Downsvicw, Ontario M3M 1J8 September 20, 2006 The proposed development is beyond Ministry of Transportation permit control. PAGE 02 09/20/2006 16:23 416- 235 -4267 Ministry of Ministers dos Transportation Transports CORRIDOR MANAGEMENT PAGE 01 Central Region Operations Corridor Management Office 7th Floor, Atrium Tower 1201 Wilson Avenue Downsview, Ontario, M3M 1/8 FAX TRANSMISSION COVER SHEET To: Doug Darbyson Company: City of Niagara Falls Fax: (905) 356 2354 Re: AM 1 {/2006 Montrose Road Preakness Street From: Hugh Fyffe Ontario YOU SHOULD RECEIVE 2 PAGE(S), INCLUDING THIS COYER SHEET. IF YOU DO NOT .RECEIVE ALL THE PAGES, PLEASE CALL (416) 235- 4572. 1 ii o ve Q. E 0 C E O to 0 0 o a) W a N Q °co u. r 3 o y y o 0 t1 0 co 0 U... J Z y Y 0 W Z I ai tnOm0Zm m 2 e N c3 a)� m O O C O 0 c m a 2 X N co 0 0u>- c 0 o coco C 0 C 0 c �co0 Q co co .cri co to 'C C) c E c 2: 5 a) 0.. a o. SI 0 0 ig 3c� ro o E c m o 0 8 .2 0 C N O p c1-5.7) co N e 0 C2 O Op Vcoao 2 .c P c o Q E cu c 0 a0.O p L N O 0. o v cs 0 c o 0 0 o ro 0 a o a o „:rt v a) o* 8.O a, Oa co a) C o i a) o E r- E 68 co m.� c 0 °E E;oc E v- 0 c p 0 0 o 1:2 a) a) c° 0)70- m O O c o com a a Z 'V 4.) o�- c o (1) m 0•N 3 E ro o N a C.) C) 0 U c cn cc f .0 Q 0 8 d 3 E E 0 5 c w CS -p E cu 21 o C,G„' RI ro :c :c a E ia 3 E 'SE 4. 0 o 2 c E 8 o-�'a ct- Ae O 76 'O co c .4) C 2 8 y i •U) oEco :"Co ow cc E a a I-oc8 =6880 4 ca so 0 w O o_ 0 c Z Ca a to 2 2 .c 0 0 0 (t 3 -t O 0 o0 Co 3 O g 0 2 3 a c v pi Q) E) a) Cl o c`o co s0E c1 ao y E N o ro o O CO co b 2 c: D. Darbyson, City of Niagara Falls B. Stevens, Regional Public Works 2 assessment and results of the market study submitted to justify the additional floor space for this neighbourhood plaza. An access to this development is being proposed from Regional Road 98 (Montrose Road). Comments from the Regional Public Works Department are being finalized and will be forwarded:separately when available. Regional Planning staff is not opposed to this Zoning By -law amendment application from either a Regional or Provincial planning perspective, provided that any requirements of the Regional Public Works Department are adequately addressed. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner M:IMSWORDIPC1Niagara Fa11s1NFzbla1MontroseRd &PreaknessGoidmanco.doc Sep, 29. 20O6 12:27PM REGIONAL PLANNING No. 7735 P. 1 Fax Transmittal To: From: Re: K CC: rept' ir- VD(Ei Niagara Region PLANNING AND DEVELOPMENT 3560 Schmon Parkway, P.O. Box 1042, Thorold ON 1.2\1417 Tel: 905- 984 -3830 Fmc 905 -641 -5208 Fax Date: VoL Pages: Including ever page Urgent For Review 0 Please Comment Please Reply 0 Please Recycle %''Liva ;tit L pti VV c.. wo p 14S C,o v41. 5 D t-. 41, re 7.0 r.i�..t 'Cr 4-e V�e, q Dot �aod Go ✓+ti �cr ive J k'we. 0. 1141 YaiS� Cvnceih.y w� 9 (o p owl cv+ L )i L J4— 'c-. ftegiLit, (th 41/ ik $�V Sr4n t try 114.4 6,14 RECEIVED PLA(.1.\; iivu CONFIDENTIAL D rvFL.0PMFNT The information contained in this facsimile message is legally privileged and confider, and is tended only for thy. use of the indrvidual or entity named below. My other use, dissemination, distribution, disclosure or copy of this facsimile is strictly prohibited. if you have received this facsimile in error, please immediately notify us by telephone so that we may arrange the return of the original transmission. Thank you. P lanning Scanned File: 9t1J; cry Sep. 29, 2006 12:27PM REGIONAL PLANNING Niagara Region MEMORANDUM DATE: September 19, 2006 TO: FROM: William J. Stevens, C.E.T. Development &Approvals Manager SUBJECT: Peter Colosimo, MCIP,.RPP Senior Planner Planning and Development Department No. 7735 P. 2 RECEIVED SEP 2 1 2006 tC Rginn 1 AMt, i;.ta(lty a1 Niazaea 444 4111 PLANNING Zoning By -law Amendment Application Owner /Applicant: Goldmanco Proposal: To Permit a 1,582 sq m (17,036 sq ft) Retail Store in a Proposed Commercial Plaza Location: Regional Road 98 (Montrose Road) fp, Preakness Street In the City of Niagara Falls City File: AM- 14/2006 Our File: 1).18.04.66 (ID #5406) The subject property is currently zoned Neighbourhood Commercial (NC322) and the proposal is to amend the site to Neighbourhood Commercial with Site Specific Changes. The intent is to limit the impact on the adjoining residential community. Notwithstanding the following, this Department is not adverse to the intent of this application and the approval of same. Although a site plan was submitted, it was difficult to read the dimensions, or to scale the plan, and there were few details pertaining to the Regional roadway. Montrose Road was recently widened and re- constructed and staff attempted to sketch the site onto the road drawings to determine the location of the proposed site access onto Montrose Road. It would appear that the proposed access is located approximately 110 metres north of the centreline of the CNR railroad tracks along the centreline of Montrose Road. Further, the proposed access may be within the area of influence of the Ministry of Transportation Ontario (MTO) with respect to the Watson Street and Montrose Road Intersection, which is under MTO jurisdiction. As well, this Department would need to review the proposed access with respect to turning lanes and driveways opposite the site. In addition, we would have to Sep, 29. 2006 12 :27PM REGIONAL PLANNING No. 7735 P. 3 determine if a Regional Entrance Permit can be issued for the driveway should it even be permitted, considering that the approval of the Ascot Woods Extension 6 Draft Plan of Subdivision contained a Condition of Approval (Condition #16) which reads, as follows: "That a 0.3 m reserve be deeded to the Region across the Montrose Road frontage and across Blocks 1 and 2 to ensure that no access is provided to the Regional Road system in perpetuity from the respective lots." Our file for Ascot Woods Extension 6 shows several extensions to draft plan approval since approval in 1994 through to 2002. We are not aware of any removal of conditions by the Public Works Department and we would assume that the plan approval is still in place along with the conditions. There were other conditions as well #17 through #22), which relate more to servicing. However, Condition #21 requires that site plans be submitted for review and approval; therefore, we would assume that the site will be under site plan control, at which time more detailed comments can be provided through the site plan process. William J. C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department September 19, 2006 Page 2of2 WSlcm L: 1Engineenng-Nanning- and- Deve lopmentWeirone- Catmen\Nfagara FaUIs100RRESPONDENCE 2006113192.P.Calosimo.doc John Rizzo, C.E.T., Project Manager; Transportation Engineering Jim Zeoli, Acting Supervisor of Permits Randy Clegg, SR/WA, Coordinator Properties Sept. 21, 2006 Director of Planning and Development Cith Hall, 4310 Queen St., Niagara Falls, ON., !2E 6X5 City File: AM- 1412006 Dear Sir /Madam Anthony Roberto 7762 Sabine Dr. Niagara Falls, On. l2H3H2 I purchased a home on Sabine Drive, about four years ago. I am the parent of two young boys, and reside on Sabine Dr., along with my spouse. I was attracted to the Sabine Dr. area, because it was a very quiet area I thought that it would be an excellent area, to raise my young family. There is very limited traffic on our street, and this makes it easy for children to play on our street. I am opposed to the building of the proposed plaza, in our area. I feel that the plaza would, a) increase the amount of traffic in a very quiet residential neighbourhood, b) increase the noise level in the area, during the plaza's hours of operation, c) decrease the property value of my home, d) increase the safety risks to my children, and other children, on our street. Any business oeprations, In the proposed plaza, which may be open 24 hours a day, would also increase noise levels, throughout the night. In summary, the proposed plaza, has the potential of creating many problems, to a very quiet, safe, and residential neighbourhood.. Anthony Roberto RECEIVED OCT 022006 PLANNING DEVELOPMENT The City of Niagara Falls Canada Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E- mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: October 16, 2006 Re: PD- 2006 -86, Zoning By -law Amendment Application AM- 31/2006, South Side of Dixon Street Between Level Avenue and Cleveland Avenue Applicant: Rudan Holdings Agent: Wayne Thomson Proposed Temporary Use By -law for a Surface Parking Lot PD- 2006 -86 Doug Darbyson Director 1) That Council approve the application for a temporary use by -law to locate a surface parking lot on the subject land, for a further three -year period, subject to the standards outlined in this report. 2) That passage of the by -law not occur until the parking lot is needed to facilitate construction workers at the former Crowne Plaza hotel site (6605 Stanley Avenue) and the owner has executed a site plan and restoration agreement with the City and has submitted the necessary deposit to secure the removal of the gravel surface at the expiry of the temporary use by -law. Rudan Holdings has requested an amendment to Zoning By -law No. 79 -200 for a 0.4 hectare (1 acre) parcel of land on the south side of Dixon Street between Cleveland Avenue and Level Avenue, as shown on Schedule 1. The parking lot is intended to be used by construction workers working on the former Crowne Plaza development at 6605 Stanley Avenue (corner of Stanley Avenue and Dunn Street). Work at this development has ceased with the loss of the Crowne Plaza franchise. However, the applicant has indicated he is considering options for the partially completed project. These options may involve a redesign of the project or a different use. The temporary parking lot will be needed again when construction recommences. Details of the parking lot are shown on Schedule 2. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 16, 2006 In 2002, Council passed a three -year temporary use by -law which allowed a parking lot on the land. As part of Council approval, a site plan and restoration agreement, that would see the land restored with topsoil and grass to ensure compatibility with surrounding dwellings, was to be executed with the owner. Although this agreement was sent to the owner it was never executed, nor was the associated security deposit received. The applicant is requesting that Council pass another temporary use by -law to permit the parcel be used as a parking lot for a further three years. Surrounding Land Uses Lands to the south and west of the site are used for low density residential purposes. A hydro transformer station is located to the north. Lands to the east are designated Tourist Commercial and used as off -site parking lots for hotels. Circulation Comments Municipal Works No objections. If the property is permanently rezoned or developed in the future, road widenings and daylight triangles will be sought. Regional Municipality of Niagara There are no concerns from a Regional or Provincial planning perspective. Parks, Recreation Culture No comments. Planning Analysis 1. The proposal complies with the intent of the Official Plan respecting temporary uses. The subject land is designated Residential in the Official Plan. This means they are intended to be developed for housing and/or ancillary uses which serve area residents. Parking lots serving tourist commercial uses are not permitted under the Residential designation. Nevertheless, the Official Plan allows uses which do not conform to the land use designation to be allowed on a temporary basis subject to a series of conditions. The proposal meets these conditions as follows. 2 PD 2006 86 The proposed use is limited in duration. The parking lot is requested to provide a place for construction workers to park their vehicles while working at 6605 Stanley Avenue. The requested three -year temporary zoning by -law is reasonable given the estimated time (30 months) it would take to construct a hotel. However, the applicant has indicated the Crowne Plaza franchise has been withdrawn and construction has stopped. Should the project not proceed as a hotel or the building be redesigned, further development approvals may be necessary. It is not desirable to permit a parking lot at this location without construction proceeding as this would be contrary to the Official Plan (as well as it may be contrary to Council's direction that required parking for tourist uses should not be permitted off site) and could lead to the infiltration of tourist related traffic utilizing the parking lot in the residential area. Given these facts, the temporary by -law should not be passed until construction is about to recommence and is needed to accommodate construction workers' vehicles. October 16, 2006 3 PD- 2006 -86 The use does not entail any major construction or investment. The parking lot and fencing to buffer it exist from the previous approval. No new site works are expected. The gravel surface of the parking lot can readily be removed at the expiration of the site plan agreement, and be replaced with top soil and grass to keep the site compatible with surrounding residences until the site is permanently developed in accordance with the Official Plan. The impacts of the parking lot can be mitigated. Parking lots can have noise, dust and visual impacts on adjacent residential land uses. To mitigate these impacts, the existing fencing along the .east and south property lines should be maintained and the 3 metre (10 foot) landscape strip required in the earlier approval should be maintained along these lot lines. The use will not impact on the future use of the land and surrounding lands. As the parking lot is intended to be used for a limited period of time and can be easily removed, no impacts on the future development of the land and surrounding properties are anticipated. The use will not impact on traffic circulation. The parking lot would have only one access onto Dixon Road. Barriers exist on Dixon Street, just east of Cleveland Avenue, to prevent tourist traffic from infiltrating the residential neighbourhood. These barriers should prevent the use of this parking lot by tourists. The surrounding streets can accommodate the modest amount of traffic that would be generated by construction workers using this temporary parking lot. The use will not impact on servicing. There are no City services required to service the parking lot. A gravel surface should be maintained to reduce storm water runoff. 2. The requested amendment is appropriate. The requested temporary use by -law will allow the property to be used to provide parking for construction workers when the project at 6605 Stanley Avenue recommences. In order to secure the above noted fencing and landscaping works and control access, the following provisions, established in the previous by -law, should be continued: A minimum landscape strip of 3 metres (10 feet) along the west and south property lines. A 1.5 metre (5 foot) high closed board fence along the west and south property lines. One access driveway only, onto Dixon Street. In addition, a commercial parking lot should not be permitted on the property. 3. A site plan and restoration agreement is to be executed. To protect the residential character of the area, it is essential that the gravel surface of the parking lot be removed and the site be restored with topsoil and grass at the expiration of the by -law under the terms of a site plan and restoration agreement. Therefore, a condition of approval is that a site plan and restoration agreement be executed and a deposit received prior to passage of the by -law. October 16, 2006 4 PD- 2006 -86 CONCLUSION: The requested temporary use by -law to permit a surface parking lot can be supported for a maximum of three years for the following reasons: The proposal complies with the Official Plan with respect to temporary uses. The amending by -law will contain regulations respecting fencing, landscaping, use and access in order to mitigate impacts on the surrounding residential area. To further protect surrounding residential uses, it is recommended that this by -law not be passed until construction is proceeding and a site plan and restoration agreement and related securities will guarantee the parking lot is removed after the expiration of the temporary use by -law. Prepared by Respectfully submitted: An rew Bryce John MacDonald ,71,. dr 40 Planner 2 Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning Development Approved by: Executive Ravenda Executive P rector of Corporate Services AB:gd Attach. S:1PDR120061PD2006 -86, AM- 31- 2006,Rudan Holdings.Dixon St.wpd Subject Land o f Applicant: Rudan Holdings k :\GIS Requests12006\ Schedules \ZoningAM\AM- 31\mapping,map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Location: South side of Dixon Street, between Cleveland Avenue and Level Avenue I :NTS AM-31/2006 September 2006 L1r 1,'S/►i.f IMI r► 1 ss 11,0,11r.•11,0,11r.•0. w a:.1'tr1l r_ tiw,..r iw s1 �vt��i► t •r A i Ni .T.111...11111 .T.111...11111 .T.111...11111 f APFAVIN "A /YAW %MOW atm 1 i1 rrr �ra►a1 •i`R V.ti �0. d7 um= mom .44/Normaer .71 '1101, t ai izaVelle P 7/ J0 o AIN r Y�•31 IC 1 I 11 rii ir ;(ill!k ittilitErei ..I' A i lia Ade 4 10 a juitthe 1 ter^ 717" w i i1 !�i irTAM it Ii Ate— MI /f/� M ll A.r,7.9 YlYI./ -.110”.11 e i 106 IN r:^ 1/!llit III 'Sill i I KZ Alt laid v I r ,•canary/ r 1 r w II low___ 1 i .1110Mpli 4' lwii 2vfp --Apr •.mow 7w r --.I y. f• :N .'Yr�.I {•7/_�f1/1 J +7/ /=7:I r s 'N/die rc. i /T= >s r I s !�ra7 r r r Y1 ANYI 1/J r dl =►1 r /Iii .0: +1.7vyrIp,I /:4 l'orlo *PTA r -i 41•rus 1l» 3'8 �zz SCHEDULE 2 i/ rlf 4 q IiL,►r y�t�r N o& Niagara' f Region PLANNING AND DEVELOPMENT September 8, 2006 Mr. Andrew Bryce Planner 2 City of Niagara Falis 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 5499 Cleveland Avenue Rudan Holdings City of Niagara Falis Your File: AM- 31/2006 This application proposes to amend the City's Zoning By -law to permit a commercial parking lot on residential lands for a temporary period of up to 3 years. The following Regional and Provincial planning comments are provided for your consideration. This site is located within the Niagara Falls .Urban Area Boundary according to the Regional Policy Plan. The existing parking lot was established under a previous temporary use by -law approved in 2003 and was intended to provide parking for employees involved in the construction of a nearby hotel. The hotel has not been completed at this time. There are no concerns with this Zoning By -law amendment application from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RP P Senior Planner c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls M:IMSWORD\PC \Niagara Falls NFzbla \DixonClevelandRudan.doc Building Community. Building Lives. 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 File: D.10.M.11.23 RECEIVED 1 2006 c 1 JE1.OPMENT f ...r.n:= a e xWaRta,;•�/ Niagara Falls The City of Canad Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2006 Re: PD- 2006 -87, Zoning By -law Amendment Application AM- 30/2006, 5038 Marshall Road Applicant: Michael and Joan Stoll Machine Shop Use That Council approve the Zoning By -law amendment application to permit a machine shop at 5038 Marshall Road as a temporary use, for a period not exceeding three years. Michael and Joan Stoll have requested an amendment to Zoning By -law No. 395 for a 19 hectare (47 acre) parcel of land known as 5038 Marshall Road, as shown on Schedule 1. In 2000 and 2003, Council passed temporary use by -laws to permit a 335 square metre (3,610 square foot) machine shop on the land. The latest by -law expired in July 2006. The applicant is requesting that Council pass another temporary use by -law to permit the machine shop for a further three years. Details are shown on Schedule 2. Site Description and Surrounding Land Uses The northern part of the property consists of a wooded area while the southern part appears to be used for agricultural purposes. A single detached dwelling and the machine shop are located on a small part of the woodiot. The land is mainly surrounded by agricultural uses and wooded areas. Residential uses lie to the west and east. Circulation Comments Parks, Recreation Culture No comments. Building By -law Services No comments. PD- 2006 -87 Doug Darbyson Director Municipal Works No comments. If there is a future application for permanent rezoning, staff will seek appropriate road widenings. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 16, 2006 2 PD- 2006 -87 Regional Municipality of Niagara Regional Planning staff is concerned with the extension of the temporary use by -law as this type of use is directed to urban areas by Provincial policies and the Regional Policy Plan. The City should only grant another extension if the owners are willing to make a commitment to relocate the use to an industrial area. An application to permit this use at this location would be difficult to support given current policies and the ample supply of industrial land in the City. Planning Analysis 1. The proposal complies with the intent of the Official Plan respecting temporary uses. The applicant has indicated the machine shop is a temporary use on the property and as such are not seeking to have the use permitted on a permanent basis at this time. The Official Plan gives Council the option of passing by -laws to permit uses on a temporary basis, subject to a series of conditions. The proposal meets these conditions as follows: The use shall be limited in duration. The proposed by -law would permit the machine shop use for another three years. Given that this is the second extension of the temporary use by -law that is granted, no further extensions should be considered after this one. Prior to expiry of the next by -law, the owner should decide to relocate the use to an industrial area or to pursue a development application to permit the use on the property permanently. The use shall not entail any major construction or investment. The machine shop exists in an accessory building and no new construction is proposed. The amending by -law will limit the shop to its existing size to ensure it is not expanded. If the use ceases, the shop can be readily converted back to a garage accessory to the dwelling unit. The use will not impact on the future use of the land. Only a small part of the property is used for the machine shop and the dwelling. As intended by the Official Plan, the rest of the land is a woodlot or used for agriculture. A further extension of the temporary use will not interfere with these other uses. The use will be compatible with current and future surrounding land uses. The machine shop is fully enclosed, well set back from property lines and extensively buffered by the woodlot. Under its current operation, the use does not appear to generate any noise, excessive truck traffic or other nuisance that would be disruptive to surrounding land uses. In the short term, no impacts are anticipated on nearby residential or agricultural uses. Further evaluation of long -term impacts will be necessary if an application to make the use permanent is submitted. The use will not impact on traffic and servicing. The use does not impact on infrastructure as it generates limited traffic. As all buildings exist, no additional services are required. October 16, 2006 Prepared by: Andrew Bryce Planner 2 AB:gd Attach. 3 PD 2006 87 Official Plan Amendment (OPA) Nos. 66 and 67, adopted by Council this year, but not yet approved by the Regional Municipality of Niagara, redesignate the land from Rural/ Agriculture (deferred) to Good General Agriculture, and add new policies with respect to Good General Agriculture uses. The new policies and the deferred Rural /Agriculture policies permit small -scale home industries if they are ancillary to a main residential or agricultural use. If in the future approval is desired to allow the proposed use on a permanent basis, a formal application and a review to determine its compliance with these policies will be required. Further discussions will be required with the Region, given their concerns of the conformity of the use with Provincial and Regional policies and the City's Official Plan. 2. The requested zoning is appropriate. The temporary by -law will permit the machine shop for a periodt.of three years. As this use has not generated any complaints or any apparent impacts, allowing the use for a further three years is appropriate. To ensure there are no impacts, the temporary use by -law will restrict the floor area of the use to the size of the existing building. CONCLUSION: The requested temporary use by -law to permit a machine shop can be supported for the following reasons: The proposal complies with the Official Plan with respect to temporary uses. The machine shop has not caused any apparent impacts. Further extension of the temporary approval will give time for the owner to relocate the machine shop to an industrial area or to pursue an application for the machine shop to be permanently located on the subject land. Recommended by: Doug Darbyson Director of Planning Development S:1PDR120061PD2006 -87, AM -30 -2006, Michael Joan Stoll, 5038 Marshall Rd.wpd Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land ii Location: 5038 Marshall Rd Applicant: Michael and Joan Stoll K :1GIS Requests120061 Schedules \ZoningAM\AM- 301tnapping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NTS AM- 30/2006 August 2006 SCHEDULE 2 Don rzno Niagara Region PLANNING AND DEVELOPMENT September 29, 2006 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Building Community. Building Lives. 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 File: D.10.M.11.23 4 0 Planning, Scanned 1te: This property is situated outside the Region's Urban Area Boundary for the City of Niagara Falls and is shown as a Good General Agricultural Area in the Regional Policy Plan. Only agriculturally related uses are permitted in this area. Regional Planning staff has previously raised concerns with allowing the machine shop to continue operating in this location as a "temporary use" since it does not serve the agricultural community. Changes to Provincial planning policies (i.e. Provincial Policy Statement and Provincial Growth Plan) emphasize the need to locate this type of use in the urban settlement area. More recent amendments to the agricultural policies of the Regional Policy Plan and Niagara Falls Official Plan further protect this area for agricultural purposes. The Planning Act allows up to 3 years for a temporary use. After this time the operation should either cease or relocate to an appropriately designated area. The request for another extension to the temporary use by -law raises further concerns with the long term intent for the use of this building and conformity with the Regional Policy Plan and City Official Plan. The City should only grant another extension if it is satisfied that the owners are willing to make a commitment to relocate this use to an appropriate industrial area in the Urban Area. If this is not their intention, amendments to the Regional Policy Plan and Niagara Falls Official Plan and Zoning By -law would be required to permit this industrial use on a permanent basis. This would be difficult to support given current Provincial, Regional and municipal planning policies and the ample supply of vacant industrial land available in the City. Re: Zoning By -law Amendment Application 5038 Marshall Road R EC E I VE C; Michael and Joan Stoll City of Niagara Falls Oe l o 4 2006 Your File: AM- 30/2006 PLANNING f This application proposes a temporary use by-law to permit an existing •QPMENT Two previous temporary use by -laws have been approved by the City for this use dating back to 2000. The following Regional and Provincial planning comments are provided for your consideration. 2 in conclusion, Regional Planning staff has some concerns with granting another temporary use by -law to allow an industrial machine shop in an agricultural area from a Provincial and Regional planning perspective. Please send notice of City Council's decision on this application. Yours truly, C3,4; uo-- Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls B. Stevens, Regional Public Works P. Gedge, NEDCorp M:tMSWORD\PC\Niagara FaIIs\NFzbIalWellandStWard.doc The City of Niagara Falls _.,ii Canada Members: Summary RECOMMENDATION: BACKGROUND: What is the Growth Plan? Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2006 Re: PD- 2006 -62, "Charting the Course for 2031" The City's Official Plan Review Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development PD- 2006 -62 Doug Darbyson Director That Council authorize staff to engage a consultant to undertake an Official Plan review in order to meet the City's planning responsibilities under the Province's Growth Plan for managing future employment and population growth. Staff is proposing to undertake an Official Plan review regarding the future growth of the City and how this growth is to be managed. This review will be done by a consultant, paid through Development Charges, and is to be consistent with Provincial planning policy as contained within the Provincial Policy Statement and the recently approved Growth Plan. The focus of the review will be the supply of residential and industrial lands together with intensification and redevelopment within the existing built -up area. It will respond directly to applications and inquiries that the City has recently been receiving regarding the conversion of industrial lands to residential, recreational and other non employment uses. The findings of the review will also provide a basis for the City's input into the Region's Growth Management Study. The culmination of this work will be a new Official Plan for the City with clearly articulated policies for managing population and employment growth. The Greater Golden Horseshoe (GGH) is one of the fastest growing regions in North America and will experience a major influx of people over the next 25 years. Employment growth is also expected throughout this time frame. The Province intends to manage this growth through the Growth Plan which was approved on June 16, 2006. October 16, 2006 2 PD- 2006 -62 The major objectives of the Growth Plan are to: direct growth to built -up areas; preserve employment lands (lands that are traditionally designated Industrial) for future economic opportunities; achieve densities that support public transit and a healthy mix ofresidential and employment land uses; identify natural heritage features and future agricultural lands and enhance the conservation of those resources; undertake an Official Plan review when considering either the expansion of an urban area boundary or the conversion of employment (industrial) lands to residential or other non- employment uses; and plan for community infrastructure to support growth. How do municipalities have to conform with the Growth Plan? These policy directions are not discretionary on the part of a municipality; the Planning Act requires that all planning documents and decisions are to be consistent with the Growth Plan. Municipalities are required to have their planning documents consistent with the Growth Plan within three years. This applies to both lower and upper tier municipalities; accordingly, both the Region and the City have obligations to fulfill in implementing the Growth Plan. What is the Region doing? The Region has initiated a review of its Policy Plan which is aimed at establishing a growth management strategy for the entire region and is expected to take 18 months to complete. This study will, on a regional basis, project population growth, set targets for the density of development and intensification and determine possible urban boundary expansions. In order to administer the study, the Region has set up two committees: a Technical Support Committee, comprised of Municipal and Regional staff, and the Planning Review Committee, comprised of Regional and Municipal councillors. Doug Darbyson, Planning Director, shall represent the City interests on the Technical Support Committee and Alderman Morocco shall represent the City on the Planning Review Committee. What is the City's responsibility? Staff has undertaken a review of the Growth Plan to determine the issues that have to be addressed in order to bring the Official Plan into conformity with the Growth Plan. Broadly speaking, there are essentially four questions that have to be answered: What is the forecasted growth in population and how will it occur? Do we have sufficient residential land to provide for the anticipated growth in population? October 16, 2006 3 PD- 2006 -62 How is intensification to be accomplished? Do we have sufficient employment (industrial) lands to provide for growth various economic sectors? On a similar vein, Council has recently expressed an interest in preparing a plan to diversify the City's economic base, particularly in the industrial and non tourist commercial sectors. To respond to this direction and to effectively meet the City's obligations under the Growth Plan, it is recommended that an Official Plan review be commenced. Initiating this study in a timely fashion will assist the City in meeting its planning responsibilities and will form the basis for input into the Region's Growth Management Study. The early initiation of this study will also be of assistance to Council in its consideration of two significant development applications which are proposing to convert approximately 800 acres of industrial land for future residential purposes. What is entailed in the Official Plan review? The Region will be undertaking a Region -wide analysis of population and employment growth as part of this growth Management Strategy. So as not to duplicate any of this work, the City's study will focus on local planning responsibilities under the Growth Plan. The attached Request For Proposals (RFP) outlines the details of the consultant's work programme. The City's focus is on employment growth in various economic sectors, maintaining a balanced supply of residential and employment lands to accommodate long -term growth and to manage growth in a cost efficient sustainable manner. Specific policies will need to be developed to guide residential intensification and infilling, greenfield development, the provision of servicing, infrastructure and phasing. As noted in this report, there are two major private development initiatives afoot that propose the conversion of over 320 hectares (800 acres) of industrial land. The lands in question are: east of Garner Road, through to Montrose Road, north of Brown Road; and the area south of McLeod Road, either side of the Thundering Waters Golf Course. Both areas are shown on Schedule 1. The applicants of these initiatives propose to convert the lands primarily for residential development. Their respective consultants have each submitted analyses of population and employment data in an effort to substantiate the conversion of the lands in question. Both City and Regional staff have reviewed the work and are of the opinion that more thorough assessment is required through a peer review by a consultant who specializes in population forecasting, economics and land use planning. In this way, the consultant can advise staff and Council as to the validity of the methods, assumptions, analyses and recommendations made in the applicant's reports. Also, the data provided by the applicants can be used by the consultant as a basis for the further work that will be required for the Official Plan review. Where do we go from here? The first step in the Official Plan review will be to hire a consultant. The attached RFP will be sent out to a short list of consultants immediately following Council's authorization ofthe study. Initially the consultant's role will be to undertake a peer review of the forecasting analysis done for the October 16, 2006 proponents of the Westlane and Drummond conversions. This review should determine whether the conversion of these lands should be considered in whole, or in part, together with any planning considerations which should be addressed in the processing of the applications. The peer review component of the consultant's work programme will occur first to expedite the development review process. Secondly, the consultant will elaborate on the data generated by the proponent's studies and assess land needs from a holistic perspective. It is at this point where intensification, redevelopment and the related Growth Plan targets will have to be considered as these will increase the amount of non greenfield land (within the "built -up area that is available for development. With respect to intensification, the scale, type and appropriate locations have to be determined. From this, the extent and location of greenfield conversions can then be considered and strategies for the phasing of land development formulated. Lastly, new Official Plan policies will be developed that address the above issues. What is the cost of the review and staff resources? As noted above, it is staff's intention to engage a consultant who specializes in population forecasting, economics and land use planning, so as to provide a multi disciplinary approach, to undertake the bulk of the review. The cost of the consultant will be paid through Development Charges as the work is growth related. The existing staff complement of Planning and Development's Policy Section will be responsible for coordination of the consultant's work as well as policy review and development. arnsley Manager of Policy Planning Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:1PDR120061PD2006 -62, Growth Management in Niagara Falls.wpd 4 PD- 2006 -62 Respectfully submitted: John MacDonald Chief Administrative Officer Locations: Subject Land K: \GIS_ Requests\ 2006\ Schedules \OP_Amendment\proposed conversions.map SCHEDULE 1 LOCATION MAP C1UIli? �Ilillllo 0 1111 ?I: al s plllumffici11171a "PRAM VI i i .0 MCLEOD RD BROWN RD 11 nuii 111111IE ��'I1i111 >1 MI11011111 111111{{1111 _OM 111 Suo %oll1lt�O'� in1111iIItl4111111 OLDFIELD RD 11111111111 11M1" 9 li 111 ;NV 11 anti MINN in IDIIII2121111 %/1 1 1 11 1 1110Af.7. 9I1111I I I II f Ili I I IIl l II 1 1 p.tn 1 1 i 111 Area #1: proposed conversion to Residential for up to 1,375 dwelling units Area #2: proposed conversion to Residential for up to 3,600 dwelling units 1 :NTS September 2006 PREAMBLE: REQUEST FOR PROPOSALS Growth Management Official Plan Review Through its recent initiatives such as the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe (the Growth Plan), the Province has taken an active role in managing the future growth of the Greater Golden Horseshoe area. Municipalities are having to respond to these initiatives through the preparation of growth management studies and comprehensive reviews respecting urban boundary expansions and the conversion of employment lands amongst other matters. BACKGROUND: The City of Niagara Falls has a current population of 78,815 according to the 2001 census. Although recent population growth has been constant at about 2.5% over a five -year period, it appears likely, given the projected population growth for the Greater Golden Horseshoe, that the City's growth rate will increase over time. In anticipation of this growth, the City is experiencing numerous inquiries with respect to the conversion of industrial lands to residential. Moreover, two significant development applications have been submitted proposing the redesignation of approximately 800 acres of industrial lands for future residential purposes. Studies have been submitted in support of these proposals. As required under the Province's Growth Plan, the City of Niagara falls will need to undertake a comprehensive review of its employment land needs and its residential land supply before any major conversion maybe permitted. Such a review will need to demonstrate that the City has an adequate supply of lands to support a variety of employment uses. From a residential development perspective, the Growth Plan requires municipalities to direct population growth to built up areas, to maximize the use of existing infrastructure, to establish intensification and density targets and to promote compact community development. This is to be achieved through the updating of local and regional official plans. To achieve the objectives of the Growth Plan, the City of Niagara Falls is seeking the services of a qualified consultant to undertake an Official Plan review. The work will focus on the local municipality's responsibilities under the Growth Plan and will serve as a basis for the City's input into the growth management strategy that is currently being undertaken by the Regional Municipality of Niagara. SCOPE OF THE WORK: 1. The first component of the work programme is to peer review the population and employment projection reports submitted by private developers in support of their employment lands conversion proposals for future residential development. The consultant will assess these reports having regard to the Province's Growth Plan requirements and recommend any augmentation necessary to assist the City in considering the merits of the applications submitted. Without limiting the generality of the foregoing, this may include the operational requirements of various types of industries; the availability of storm, water and sanitary services; secondary planning; and development phasing. STUDY DELIVERABLES: -2- 2. The second component of the work programme will expand the assessment of employment land needs to other key business and employment sectors. Consideration should be given to the Growth Plan's designation of Niagara Falls as a Gateway Economic zone in carrying out this assessment. Cross border trade, the movement of goods, and tourism related opportunities may broaden the designation of employment areas. Based on this assessment, the consultant will review the land use designations set out in the City's Official Plan and make appropriate recommendations to facilitate economic development and long term growth. 3. The third and final component of the consultant's work programme will focus on the Growth Plan's requirements for planning and managing population growth. It is incumbent upon municipalities to bring their Official Plan into conformity with the Growth Plan within a 3- year period. A review of the City's Official Plan will need to be undertaken to ensure that municipal policies reflect Provincial Growth Plan objectives. In this regard, specific policies will need to be developed to guide housing intensification and infilling, greenfield development, servicing, and infrastructure coordination. The preparation of municipal policies will also require coordination with the Region's growth management strategy. A series of three reports shall be prepared. The first report shall focus on the peer review of the development proposals submitted for the conversion of two large tracks of industrial lands for residential purposes. The consultants will review the background information prepared in support of the proposed applications and make appropriate recommendations as to the processing of these applications having regard to the requirements of the Growth Plan and relevant planning implications such as servicing availability, secondary planning and development phasing. The second report shall focus on the broad assessment of employment land needs and residential land supply. Coordination with the Region's study will need to be considered as part of this undertaking. An assessment of the City's residential land supply will need to take into account Provincial requirements for housing intensification, density targets, redevelopment ofbrownfields, and so forth. The third report shall focus on the review of municipal policies. A review of the City's Official Plan policies should culminate in a fully articulated growth management strategy with appropriate Official Plan policies. The policies shall be prepared in a format suitable for adoption as an OPA. Mapping and associated database information is to be provided in one of the two accepted digital GIS formats: ESRI (.shp) shapefile, or AutoCad 2004 (.dwg) drawing file with object data attached. All information is to be tied to UTM coordinates using the standard NAD83 datum and should be accompanied by supporting files (font files and plot files) if applicable. Please note that graphical images (.pdf, .cdr, .tif) and CAD files without object data are not considered an acceptable GIS format. CONSULTATION: The consultant will present a summary of the review, the proposed Official Plan policies and recommendations to Council at a statutory public meeting at the end of the study. The consultant is to provide a public meeting schedule that is considered to be appropriate for the study as part of the submission. The study will be administered by the Manager of Policy Planning and a Technical Advisory Committee made up of City and Regional Staff will be established to assist the consultant. PROPOSAL CALL: -3- It is expected that the review will take approximately 12 months with each phase taking approximately four months. The consultant shall submit eight copies of a detailed work program outlining the methodology, tasks, time frames and costs. All proposals shall include: a detailed work plan with the time frame for each phase of work and for the entire project, including a schedule of report submissions and meetings; a breakdown of the budget by phases and total upset limit; per diem charges, disbursements, travel and meeting charges should also be included; a listing of all individuals, including any sub consultants, who will be working on the project and their curriculum vitae; identification of the time committed to this project by the lead person and other individuals; and a description of similar work performed for other municipalities. Study proposals should be submitted no later than Friday, November 3, 2006 at 4:30 p.m. and be directed to: JB:gd Doug Darbyson Director of Planning Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 S: \OPupdate.5yr\EmpIoyment Lands Study\REQUEST FOR PROPOSALS.wpd Niagara Falls The City of CancLig Members: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON 1.2E 6X5 web site: www.niagarafalis.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 October 16, 2006 PD- 2006 -85 Doug Darbyson Director Re: PD- 2006 -85, Status of Tourist Commercial Policy Projects RECOMMENDATION: That Council receive this report and direct staff to bring these matters before Council for consideration by May 2007. BACKGROUND: Council may recall that on September 19, 2005 and March 6, 2006, reports on three Tourist Commercial policy matters were brought before Council for consideration. These matters were: Official Plan Amendment #62, Section 37. This proposed amendment involves the exchange for increases in height and density to a development for contributions to public facilities. Specifically, for those developments in excess of 30 storeys, where, in addition to contributions for streetscaping, the developer would have to contribute cash or build a facility that has public benefit to the general public of the city as a condition of approval for building taller than 30 storeys. Adoption of the Implementation Handbook as an appendix to the Official Plan. Currently, there are two documents that provide guidance to the development community regarding tourism development. These are the Tourist Area Development Application Guideline and the Implementation Handbook. It was the recommendation of the IBI Group, who undertook the Tourism Policy Review, to adopt the Implementation Handbook as an appendix to the Official Plan. As the Application Guideline is still a relevant document, a merger of the two documents into one guideline would be the most efficient option. This document would then be the appendix to the Official Plan. Architectural Peer Review reform. A review of the APR process was undertaken to in order to determine if any reform was required. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 16, 2006 Council deferred its decision on these matters on both occasions at the request of the Italia Gilberti, solicitor for the Fallsview and Victoria/Centre BIA's, who wanted more time to review the matters and to discuss them with staff. Staff has met with the BIA representatives and their solicitors on the matters of Section 37 and Architectural Peer Review where it was apparent that the issues of concern had been resolved. Information has been provided to the BIA's for response; to date, none has been received. Staff is currently developing a new Tourist Area Urban Design Guideline which is to be a compendium of two documents, the Tourist Area Development Application Guideline and the Implementation Handbook. Work is ongoing to refine the Guideline so that it is written in a clear, user friendly style. This new guideline should be completed shortly, after which it will be circulated to the BIA's for input. Council requested that these matters be brought back at the same time. Council's consideration of them has been held in abeyance for over a year on the premise of waiting for the BIA's to comment. In order to bring these matters to a conclusion, it is recommended that Council direct staff to report back to Council by May 2007. This time frame should provide sufficient opportunity for public input and response. o arnsley Manager of Policy Planning Recommended by: Doug Darbyson Director of Planning Development Approved by: JB :tc v.� T. Ravenda Executive Director of Corporate Services S:1PDR120061PD2006 -85, Status of Tourist Commercial Policy Projects.wpd 2 PD- 2006 -85 Respectfully submitted: John MacDonald Chief Administrative Officer Niagara Falls The City of Cana Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning ©niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: October 16, 2006 Re: PD- 2006 -88, Matters Arising from the Municipal Heritage Committee 1) That Council approve the Designated Property Grant for the maximum amount of $3,000.00 toward the cost of the restoration ofthe wooden lattice arbour ofthe Laura Secord House, 3 800 Bridgewater Street, as outlined in this report. 2) That Council approve the Designated Property Grant for the maximum amount of $3,000.00 toward the cost of the restoration of the windows of the Glenview Mansion, 4223 Terrace Avenue, as outlined in this report. 3) That Council pass an amending by -law to amend the Reasons for Designation contained in the designating by -law for the Battle Ground Hotel Museum located at 6137 Lundy's Lane, as outlined in this report. The Municipal Heritage Committee held its regular meeting on September 27, 2006. Three matters require Council's consideration. 1. Designated Property Grant Application 3800 Bridgewater Street, Laura Secord House An application was received from the owners of the Laura Secord House for the restoration of the lattice arbour around the front door of the property. As the existence of this arbour was documented in historical photographs and the reconstruction ofthe lattice will be done as close to that shown in the photographs, it qualifies for a designated property grant. The following motion was adopted by the Municipal Heritage Committee: "That the Municipal Heritage Committee recommends approval of the Designated Property Grant for the restoration of the wooden lattice arbour at the Laura Secord House, 3800 Bridge Street, to a maximum of $3,000.00 as it is a significant feature of the house." Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development PD- 2006 -88 Doug Darbyson Director October 16, 2006 2. Designated Property Grant Application 4223 Terrace Avenue, Glenview Mansion 3. Amending By -law 6137 Lundy's Lane The Municipal Heritage Committee recommends that Council pass the amending by -law to allow for its registration on title. CONCLUSION: The Municipal Heritage Committee is seeking the concurrence of City Council on these matters. ared b Peg oyl Assistant Planner R co mended by: 2 PD 2006 88 An application was received from the owners of the Glenview Mansion to assist with the costs for the restoration of the windows which are acknowledged in the Reasons for Designation as a significant feature of the house. The quote includes storm windows as part of the restored features. The Municipal Heritage Committee recommends that the storm windows should not be included in the restoration unless historical evidence of their existence can be documented. The following motion was adopted by the Municipal Heritage Committee: "That the Municipal Heritage Committee recommends approval of the Designated Property Grant application for the restoration of the windows at 4223 Terrace Avenue for two thirds of the eligible costs to a maximum of $3,000.00, with the exception of the storm windows which are not eligible under the Designated Property Grant guidelines unless historic evidence can be provided that they were original to the house." A request was received by the Municipal Heritage Committee from Kathy Powell, Museums Manager, to add two features to the Reasons for Designation in the designating by -law for the Battle Ground Hotel Museum. The two features, added by registering an amending by -law, are afforded protection by being permanently recorded and may not be altered or removed from the property in the future. The two features are cornice gutters, which were found in the second floor level of the house, and sponge painted walls found in the pantry on the first floor of the house. Both of these features are considered rare and important to preserve. The amending by -law on tonight's agenda describes these two features in an amended Schedule "B" which is inserted into the by -law which, once approved by Council, is registered on title to the property. The owner and Ontario Heritage Trust are notified of these changes. Doug Darbyson Director of Planning Development PB:gd S:\PDR12006\PD2006 -88, Matters Arising from MHC.wpd Approved by: �Y T. Ravenda Executive Director of Corporate Services espectfully submitte John MacDonald Chief Administrative Officer Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2006 Re: PD- 2006 -89, Greenbelt Plan Natural Heritage Features Data Municipal Planning Data Licence Agreement (MPDL) PD- 2006 -89 Doug Darbyson Director That the City enter into a Municipal Planning Data Licence Agreement with the Ministry of Natural Resources and that the Mayor and Clerk be authorized to sign the agreement. The Ministry of Natural Resources is providing access to municipalities to detailed natural heritage features data prepared for the Greenbelt Plan. The heritage features data will assist municipalities in preparing mapping in conformity with the Greenbelt Plan where applicable. In Niagara Falls, areas within the Greenbelt Plan are superceded by the policies of the Niagara Escarpment Plan, consequently, the natural heritage data will be of most benefit to the City with regards to the identification of interconnecting natural areas south of the Greenbelt Plan boundary. The Planning and Development Division is currently preparing draft environmental policies for the City's Official Plan. The data received through this agreement, together with upcoming natural heritage features data for the Greater Golden Horseshoe Growth Plan Area, will assist staff in the preparation of mapping environmental policies in conformity with all Provincial Plans. This data is essential to providing a reasonable level of service to City customers and cannot be readily obtained from any other source. The agreement is a standard form agreement that has been prepared by the Province and is not negotiable. Legal Services has reviewed the agreement and, in the circumstances, does not object to it. The agreement provides that the data will be supplied to the City without charge. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 16, 2006 Council approval is being sought solely because the agreement requires that the City indemnify the Province for any claims that may arise out of the City's use of the software. Prepared by: Francesca Berardi John MacDonald Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda ector of Executive D' Corporate Services FB:gd Attach. S:\PDR\2006\PD2006 -89, Greenbelt Plan Natural Heritage Features Data.wpd 2 PD- 2006 -89 spectfully submitted: /47 Chief Administrative Officer Ministry of Natural Resources Information Access Section 300 Water Street, P.O. Box 7000 Peterborough, ON K9J 8M5 May 5, 2006 Please complete the following information: Municipality Address 1 Address 2 City Province Postal Code Hereinafter referred to as the municipality. Re: Municipal Planning Data Licence Ministere des Richesses naturelle Section de 1'acces a ?information 300, rue Water, C.P. 7000 Peterborough (Ontario) K9J 8M5 Ontario The Ontario Ministry of Natural Resources (OMNR) grants Municipality permission to use OMNR data (as per Schedule A) for Municipal Planning purposes only. This authorization applies solely to the digital data specified on attached Schedule A. Municipality agrees to abide by the Terms of the Copyright Licence comprising Schedule C of the Agreement. The data will be on loan to Municipality for a period of 2 years (24 months) starting the date the Loan Agreement is signed by an authorized official of Municipality. This agreement may be terminated by OMNR by giving notice in writing in the event that Municipality is in breach of any term contained herein. The MNR information used by Municipality must clearly give credit to MNR as contributor of the data as follows: Source: Data provided by Ontario Ministry of Natural Resources Copyright: 2006 Queen's Printer Ontario No royalty fee will be payable by Municipality to OMNR for the purpose of this agreement. After receipt of a copy of this letter signed by an authorized official of Municipality, OMNR will activate an account in the data warehouse for persons you identify on the attached subscribers list (Schedule B). Guidance on the appropriate use of the data obtained under this licence is available from the District Planner at the nearest MNR District office. A list of MNR district offices is available online at: http /www.mnr.gov.on.ca/MNR/csb /message /mnroffices.html. Yours truly, Anne Halverson Manager Information Access Section Tel: 705- 755 -1693 Fax: 705 -755 -1677 The Conditions Stated Herein are Accepted: Organization: Municipality Name: Title: Signature: Date: Please return all pages of the agreement. Data Class Description Areas of Natural and Scientific Interest (ANSI) ANSI's are polygon features that represent lands and waters containing important natural landscapes or features that are important for natural heritage, protection, appreciation, scientific study or education. Different ANSI types collected by the Natural Resources Values Information System (NRVIS) include... ANSI, Earth Science ANSI, Life Science Wetland Unit A Wetland Unit is a polygon feature that identifies lands that are seasonally or permanently flooded by shallow water as well as lands where the water table is close to the surface. In either case, the presence of abundant water causes the formation of hydric soils and favours the dominance of either hydrophytic or water tolerant plants as designated through the Wetland Evaluation process. A Wetland Unit can be classified as being predominantly a marsh, fen, swamp, or bog. Different Wetland Unit types collected by the Natural Resources Values Information System (NRVIS) include... Wetland, Bog Wetland, Fen Wetland, Marsh Wetland, Open Water Wetland, Swamp Wooded Area This concrete class corresponds to the OBM feature of the same name. A Wooded Area is a polygon feature that identifies an area covered by trees. Includes SOLRIS updates using 2002 orthophotography and other imagery sources. Significant Ecological Area The Significant Ecological Area concrete data class includes polygon mapping of unevaluated wetlands. Selected Greenbelt Wildlife Habitat Selected Greenbelt Wildlife Habitat is a packaged product that contains polygon mapping of NRVIS Deer Wintering Areas and Deer Yards for Guelph District and Midhurst District. Rare Communities Includes rare community mapping from the Natural Heritage Information Centre (NHIC). Community types include: savannah, prairie, alvar, and sand barren. Natural Heritage System Area A system of natural core areas and key natural corridors or linkages, such as rivers and valleys, with significant ecological value. They collectively perform important ecological functions, such as providing habitat and improving air and water. quality. Includes certain land use designations from the Oak Ridges Moraine Conservation Plan and the natural heritage system of the Greenbelt Plan. Schedule A LISTING OF FILES TO BE LOANED TO Municipality: This licence grants the signatory permission to use only those data identified as `Municipal Planning Data' in the Ontario Land Information Warehouse. The list of `Municipal Planning Data' will be updated periodically. The current list of data classes is shown below. Users are strongly encouraged to contact the District Planner at the nearest MNR District Office for guidance on the appropriate use of the data obtained under this licence. A list of MNR district offices is available online at: http: /www.mnr.gov.on.ca/ MNR /csb /message /.mnroffices.html Data Class Description Landform Conservation Area Land area dominated by steeply sloping or complex Iandform patterns. Identified by MNR as areas having more than 20 percent of the land surface comprised of: lands with slopes in excess of 10 land with distinctive Iandform features such as ravines, kames and kettles; and/or Land with a high diversity of land slope classes. Initially defined for areas under Oak Ridges Moraine Conservation Plan 2002. Kettle Lake A lake created in a natural depression formed through the melting of an isolated block of glacial ice embedded in glacial deposits and now permanently filled with water. The Control Survey Information Exchange (COSINE) COSINE is Ontario's database of horizontal and vertical control survey points. The database is augmented by reference sketch image files, which contain the information required to precisely identify the location of most of the horizontal control stations found in COSINE. It currently contains over 100,000 points. Digital Elevation Models DEM data files are digital representations of cartographic information in raster format. DEMs consist of a sampled array of elevations for a number of ground positions at regularly spaced intervals. OMNR has invested extensive financial. and human resources to create a provincial hydrological corrected DEM. Using ANUDEM 4.6.3, a provincial digital elevation model was completed in June 2002. It is stored in 150 tiles across the province, projected in UTM in 4 zones with 20 metre resolution in Northern Ontario and 10 metre resolution in Southern Ontario. It excludes the Hudson Bay Lowlands due to availability of suitable data within provincial and federal governments. Negotiations are underway with the Canadian Forestry Service and NRCan to ensure this data can be converted to meet the national specification. Ontario Road Network (ORN) The ORN is a comprehensive road network database for 240,000 kilometres of roads within the province. The database contains core attributes including street names and civic address ranges. Municipalities Municipalities is a polygon feature that identifies municipalities. They have been created and are maintained by the Ministry of Municipal Affairs and Housing as changes take place Provincial Boundaries Provincial Boundaries consists of lines and points that describe the boundary of Ontario. It includes points described by survey as well as meta data describing the source of each line segment. These boundaries have yet to confirmed by neighboring jurisdictions and are expected to be refined over time. Airport An Airport is a polygon feature that identifies a tract of land maintained for the landing and takeoff of aircraft and for receiving and discharging passengers and cargo. These locations generally include facilities for the shelter and repair of aircraft. Annotation This concrete class corresponds to a set of annotation layers including: Annotation, OBM Cadastral; Annotation, OBM Drainage; Annotation, OBM Municipal; Annotation, OBM Name; Annotation, OBM Transport. Building To Scale Permanent walled and roofed construction. When structures have one dimension larger than 50 metres for the 1:20000 and larger than 30 meters for the 1:10000 scale they are considered to be polygons. The National Topographic standard for. 1:50000 views buildings with both dimensions larger than 30 metres as polygons. Building As Symbol Permanent walled and roofed construction. Small structures (including buildings less than 50 square metres) are not shown unless they are a point of orientation. When structures have one dimension larger than 50 metres for the 1:50000 or 30 metres for 1:10000, they are considered to be polygons and entered as Buildings to Scale. Concession A Concession is a polygon feature that identifies a major subdivision of a geographic township. A Concession is composed of contiguous lots. Contour A contiguous line formed of vertices located at a constant elevation from mean sea level (MSL). It is used for a description of the terrain relief. Crown Game Preserve Crown Game Preserves were established to prohibit or at least regulate the hunting and trapping of wildlife in specific areas in order to restore local populations. Drainage Line The presence of falls or rapids on a river having a width greater than 40 metres at 1:20000 or 20 metres at 1:10000 otherwise known as a double line river. Drainage Point The presence of falls or rapids on a river having a width less than 40 metres at 1:20000 or less than 20 metres at 1:10000 or rock that curs on water bodies identified by interpreted aerial photographs. Also known as a single line river. Geographic Township A geographic township is a fundamental land subdivision in the original survey fabric of the province as completed by the Crown. Data Class Description Lot A lot is a polygon feature that identifies a surveyed that is a portion of a Concession within a Geographic Township. In many townships, lots lose area to road allowances. Miscellaneous Line Prominent linear manmade or natural features that do not readily fit in to other general groupings. Miscellaneous Point This concrete class corresponds to the OBM feature of the same name. A Miscellaneous Point is a point feature that identifies a miscellaneous geographic entity. MNR District An MNR District is a polygon feature that identifies a Ministry of Natural Resources organizational unit. MNR Region An MNR Region is a polygon feature that identifies a Ministry of Natural Resources organizational unit. Municipal Park Municipal Parks are public lands set aside by municipalities to provide a variety of outdoor recreation opportunities or to protect significant natural or cultural environments. National Wildlife Area National Wildlife Areas are lands designated by Order -in- Council under the Canada Wildlife Act (1973). Most are on Crown Lands and are dedicated to providing or enhancing habitat for waterfowl, upland game birds, or game mammals. OBM DTM The Digital Terrain Model is derived from the OBM map series. Park Zone Reg A Park or Reserve is a polygon feature that identifies an area set aside for the preservation of natural features, wildlife, or for recreational purposes. It does not include Provincial Parks. Pit or Quarry A Pit or Quarry is a polygon feature that identifies land from which unconsolidated aggregate are or were excavated. Aggregate includes gravel, sand, clay, earth, shale, stone, limestone, duotone, sandstone, marble, granite, rock other than metallic ores, or other prescribed materials. It does not include peatlands. Provincial Park Regulated An area of public lands set aside under the Provincial Parks Act to provide a variety of outdoor recreation opportunities, and to protect provincially significant natural, cultural, and recreational environments. Ontario provincial parks are classified as one of the following: waterway, wilderness, natural environment, recreation, historical or park reserve. Provincial Park -Zone Regulated A Park Zone is a polygon feature that identifies a portion of a park that is distinguishable from other zones in the park by its use. Different management methods are applied to different zone types. Railway Segment A Railway is a portion of a line of steel track providing a runway for trains and other wheeled vehicles. Railways are shown as linear features along their centre lines. Road Segment.. A road is an aggregate concrete class consisting of road segments. Spot Height This concrete class corresponds to the OBM feature of the same name. A Spot Height is a point feature that identifies the elevation of a significant geographic feature. Tank An above ground container that holds either petroleum or water. Tower A Tower is a point feature that identifies a structure or building that is typically higher than its diameter, and high relative to its surroundings, and is used for a specific purpose such as telecommunications, fire watches, or navigation. Transport Line identifies a manmade linear feature in the transport network other than a road such as a railway tunnel. Transport Point Identifies a manmade point feature in the transport network other than a road such as a railway turntable. Utility Line A Utility Line is a line feature that identifies a conduit for providing services such as power, water, communications, or heating fuel. Utility Site A Utility Site is a point feature that identifies a structure or facility used to provide a service such as power, water, communications, or heating fuel. Water Edge The edge of a waterbody including shoreline, marsh or fen, virtual shoreline or a beaver dam. Water Structure Structures (usually man -made such as a pier) inside a waterbody. Waterbody Segment A Waterbody is a polygon or line feature that identifies a segment of a body of water such as a lake, pond, river, stream, or reservoir. A Waterbody Segment may be the Waterbody in its entirety or a component of the Waterbody. z S E� A P Primary Subscriber This person will be authorized to access the Land Information Subscription System and order Geospatial data over the internet n' l$ m kk V' k` 5�'L.{ .GN �'4hC✓�.'_S 2.1 Contact Name 2.2 Position 2.3 Organization 2.4 Address (include Street Address, City, Province and Postal Code) 2.5 Phone 2.6 Email Secondary Contact This person will be authorized to access the Land Information Subscription System and order Geospatial data over the Internet 2.01 Contact Name 2.02 Position 2.03 Organization 2.04 Address (include Street Address, City, Province and Postal Code) 2.05 Phone 2.06 Email Schedule B Schedule C Ontario Ministry of Natural Resources ELECTRONIC INTELLECTUAL PROPERTY End -User Licence Agreement March 9, 2000 This is a legal agreement between you (the "Licensee and the Queen's Printer for Ontario as represented by the Ontario Ministry of Natural Resources (the "Licensor"). BY ACCEPTING THIS ELECTRONIC INTELLECTUAL PROPERTY, YOU AGREE TO BECOME A LICENSEE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you do not agree with them, or do not want them to be binding on you, you should promptly return the Intellectual Property for a full refund. Electronic Intellectual Property In this agreement, Electronic Intellectual Property (the "EIP means the software, data, map, picture or any other such work provided in an electronic format. Copyright The Licensee acknowledges that the Licensor is the sole owner of the EIP and that the Licensor shall retain all Copyright and other rights pertaining to the EIP issued under this licence. Licence for Use The Licensor grants to the Licensee a non transferable, non exclusive, limited -use licence for the EIP. The Licensee may use and make copies of the EIP for its professional or non commercial end -use only. The Licensee is required to display the following text on all reproductions of the EIP: Produced by (insert Licensee's name here) under Licence with the Ontario Ministry of Natural Resources Queen's Printer for Ontario, 2004 insert year of publication of EIP). Restrictions on Use Except as provided for in this licence, no part of the EIP may be copied, published, disseminated or used, in any form or by any means other than for the Licensee's own professional or non commercial end -use only. Term and Timination The licence is effective until terminated. The Licensee may terminate it at any time by destroying the EIP together with all copies thereof. This agreement terminates without notice in the event that the Licensee is in breach of any term contained herein. Limited Warranty The EIP is licensed to the Licensee on an "as is" basis, and the Licensor makes no guarantees, representations or warranties with respect to the data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy, or fitness for purpose. No Duty to provide Updates The Licensor assumes no obligation or liability whatsoever for the provision of updates or corrections to the EIP, or the provision of notices thereof to the Licensee. Exclusion and .Indemnity The Licensee shall indemnify and save harmless the Licensor, its servants, agents and contractors from and against any claim, demand, or action, alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of the Licensee's use of the EIP or in any way relating to this agreement. General If any provision of this agreement is unenforceable, unlawful or void, the provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of the remaining provisions. This agreement is governed by the laws of Ontario, and in the event of dispute, the parties agree to attom to this jurisdiction. THE LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Data Class Name: Wetland Unit Description: The Wetland Unit concrete data class contains data on evaluated wetlands. Evaluated Wetlands includes polygon mapping of lands that are seasonally or permanently flooded by shallow water as well as lands where the water table is close to the surface. These areas are designated through the Ontario Wetland Evaluation System (OWES) process. An Evaluated Wetland is one Wetland Unit. There may be also multiple wetland units within a wetland complex. Attributes in the data class include information on the name of the wetland and how the wetland unit has been designated provincially significant or other (i.e. locally significant). For more information on wetland evaluation and assessments of significance, see the Ontario Wetland Evaluation System, Southern Manual, March, 1993 revised May 1994 page 5. For the wetland evaluation for a particular wetland, please contact the local District Office. Source: Wetland Unit, Natural Resources and Values Information System (NRVIS), MNR. Ministry of Natural Resources Greenbelt Technical Data Note— Wetland Unit: Version 1.0. Date May 3, 2006 Collection Method: Evaluated Wetland boundaries are captured in a number of ways, depending on the wetland location and vintage of the data. Methods of capture include: windshield surveys and /or field visits as necessary digitised using colour or black and white orthophotos digitized from existing wetlands files and refined using orthophotos Storage: Wetland Unit, Ontario Land Information Warehouse. Access. Access. through- Land Information Data Subscription Service (LIDS h /lioib. ttp lio mnr. gov /lids/ Welcome: asp) `Wetland Unindata product. For additional information on using LIDS please see: http: /www.lio. mnr. gov.on.ca /liodocdetails.cfm ?ID =8388. Maintenance: The data class is maintained by the Ministry of Natural Resources' Districts on an as needed basis. Technical Notes: Data is distributed in a Standard NRVIS Interchange (SNIF) format. Spatial data is stored in the Spatial folder the SNIF structure: poly.shp. Key attributes are stored within associated tables in the Spatial, Consolidation and Common folders. Refer to SNIF Report for complete data dictionary. Please see 'SNIF Subscription Specifications Version 2.08' for complete details on the SNIF format (http: /www.lio. mnr. gov.on.ca /Iiodocdetails.cfm ?id= 9061). Key attributes include: Table: geog_unit.tbl Relate Field: OBJECT ID FMF OBJECT ID Field Description Greenbelt Technical Data Note Waterbody Segment:Wetland Unit GUT UNIT TYPE_NUM Indicates the type of wetland unit. Refer to values below. 1275 Wetland, Bog 1276 Wetland, Fen 1277 Wetland, Marsh 1279 Wetland, Open Water 1274 Evaluated Wetland Complex Table: evaluated_wetland.tbi Relate Field: FMF_OBJECT ID WETLAND_ FMF OBJECT ID Field Description OFFICIAL NAME Official name of the wetland. WE LAND SIGNIFICANCE Significance of the wetland Provincial or LAST UPDATED YRMNTH Last time the wetland file was updated. Metadata: Metadata in the Ontario Land Information Directory (OLID): http: /lioappirc.gov.on.ca/ edwin/ EDWINCGI .exe ?IHID= 2100&AgencyID =1 &Theme =All Theme s Additional Comments: This data class includes only wetlands that have been evaluated using the wetland evaluation process. Identified wetlands are found in the Significant Ecological Areas data class (GUT UNIT TYPE NUM 1308). Please refer to the Significant Ecological Areas Greenbelt technical note for more information. Contacts: -For technical questions on LIDS or SNIF contact LIO support (705) 755 -1878 or by email at info access @webmail.mnr.gov.on.ca. -For guidance on using the data for municipal planning and implementation of the Greenbelt Plan, contact the District Planner_at- the_nearest District office. list of MNR district offices is- available- online at: http://www.mnrigov.on:ca/MNRicsbimessagelmnroffices.html--- -For copies of this document, go to: http:// publicdocs .mnr.gov.on.caNiew.asp ?Attachment ID= 20954 &Document ID= 10962. Greenbelt Technical Data Note Waterbody Segment:Wetland Unit 2 Data Class Name: Area of Natural and Scientific Interest (ANSI) Description: Areas of Natural and Scientific Interest (ANSIs) are areas of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education. Each ANSI is identified as a life science or earth science site depending on the natural heritage values. Life Science ANSIs are significant representative segments of Ontario's biodiversity and natural landscapes including specific types of forests, valleys, prairies, and wetlands, their native plants and animals, and their supporting environments. Provincially significant life science ANSIs include the best examples of the natural heritage features in the site district and many correspond with other significant features and areas such as wetlands, valley lands, and woodlands. Ministry.. of Natural Resource s Greenbelt' Technical Data Note— ANSI: Version 1.0. Date May 3, 2006 Earth Science ANSIs are representative of Ontario's geological. diversity. They include outstanding exposed bedrock locations, fossil beds, landforms, and the processes creating the features. g Source: ANSI, Natural Resources and Values Information System NRVIS), MNR. Collection. Method ANSI boundaries were originally, derived. for the most part from aerial photography and transcribed onto Ontario. Base Mapping (OBM) topographic maps at a scale of 1:10,000. Subsequent ANSI boundary revisions make use recentaerral photography availabie_.for that andthrough field inspection where possible. Storage: ANSI, Ontario Land Information Warehouse. Access: Access through Land Information Data Subscription Service (LIDS http:// lioib. lio. mnr .gov.on.ca /lids/Welcome.asp), select `ANSI' data product. For additional information on using LIDS please see: http:// www.l io. mnr .gov.on.ca /liodocdetalls.cfm ?ID =8388. Maintenance: The data class is maintained by the Ministry of Natural Resources' Districts on an as needed basis. Ontario Parks is the custodian of this data class. Technical Notes: Data is distributed in a Standard NRVIS Interchange (SNIF) format. Spatial data is stored in the Spatial folder the SNIF structure: poly.shp. Key attributes are stored within associated tables the Spatial, Consolidation and Common folders. Refer to SNIF Report for complete data Greenbelt Technical Data Note Area of Natural and Scientific Interest 1 dictionary. Please see `SNIF Subscription Specifications Version 2.08' for complete details on the SNIF format http: /www.lio. mnr. gov.on.ca /Iiodocdetails.cfm ?id= 9061). Key attributes include: Table: geog_unit.tbl Relate Field: FMF OBJECT ID to FMFOBJ_ID1 (in poly.shp) Field Description GUT UNIT TYPE_NUM Indicates the type of ANSI. Refer to values below 1068 ANSI, Earth Science 1290 ANSI, Life Science Table: ansi.tbl Relate Field: FMF OBJECT ID to FMFOBJ ID1 (in poly.shp) Description Official name of the ANSI. Significance of the ANSI Provincial or Regional Status of the ANSI Candidate or Approved Field ANSI_NAME ANSI SIGNIFICANCE ANSI STATUS Metadata: Metadata in the Ontario Land Information Directory (OLID): http /lioaop.Irc.gov.on.ca /edwin/ EDWINCGI .exe ?IHID= 2148MgencyID &Theme =All Theme Full Data Dictionary: http: /www.lio. mnr. gov. on.ca /liodocdetails.cfm ?id =8696 Additional Comments: ANSIs with a status of "Candidate" are recognized as ANSIs but are proceeding through the either the ANSI confirmation process for provincial ANSIs or final documentation for other ANSIs. These ANSIs will be confirmed as provincial in status or identified as regional: Please note in some areas only a portion of the ANSI is considered to be Candidate. For example, where an existing ANSI has had changes made to the boundary. The area between the existing ANSI and the new boundary is deemed to be candidate. The existing ANSI portion retains its original determination: Contacts: -For technical questions on LIDS or SNIF contact LIO support (705) 755 -1878 or by email at info access @webmail.mnr.gov.on.ca. -For guidance on using the data for municipal planning and implementation of the Greenbelt Plan, contact the District Planner at the nearest MNR District office. A list of MNR district offices is available online at: http: /www. mnr. gov. on. ca MNR /csb /message /mnroffices.html. -For copies of this document, go to: http:// publicdocs .mnr.gov.on.caNiew.asp ?Attachment ID =20932 &Document I0=10940 Greenbelt Technical Data Note Area of Natural and Scientific Interest 2 Source: Signficant Ecological Area, Natural Resources and Value Information System NRVIS), MNR. Ministry of Natural Resources Greenbe /t Technical Data Note— Significant Ecological Area: Version 1.0. Date May 3, 2006 Data. Class Name: Significant Ecological Area Description: The Significant Ecological Area concrete data class includes polygon mapping of identified wetlands. Collection Method: Identified wetland boundaries are captured in a number of ways including: windshield surveys and /or field visits as necessary digitised using colour or black and white orthophotos digitised using satellite imagery (IKONOS) digitized from existing wetlands files and refined using orthophotos Storage: Significant Ecological Area, Ontario Land Information Warehouse. Identified wetlands are one of several features included in the Significant Ecological Area data class (each with unique Geographic Unit Type [GUT] attributes). Access: Access through Land Information Data Subscription Service (LIDS http: /lioib.lio.mnr .gov.on.ca /iids/Welcome.asp), select `Significant Ecological Areas' data product. For additional information on using LIDS please see: http: /www.lio. mnr gov.on.ca /liodocdetails.cfm ?ID =8388. Maintenance: The data crass is maintained by the Mini basis Technical Notes: Data is distributed in a Standard NRVIS Interchange (SNIF) format. Spatial data is stored in the Spatial folder the SNIF structure: poly.shp. Key attributes are stored within associated tables in the Spatial and Common folders. Refer to SNIF Report for complete data dictionary. Please see `SNIF Subscription Specifications Version 2.08' for complete details on the SNIF format (http: /www.iio.mnr. gov.on.ca /liodocdetails.cfm ?id= 9061). Key attributes include: Table: geog_unit.tbl Relate Field: OBJECT ID FMF OBJECT ID Field Description GUT UNIT TYPE_NUM Identified wetlands are coded as 1308 Wetland, Unevaluated Table: significant ecological_area.tbl Relate Field: FMF OBJECT ID FMF OBJECT ID of Na tural Resources' Districts on an as. needed Greenbelt Technical Data Note Significant Ecological Area 1 Field Description OFFICIAL NAME Official name of the identified wetland. Metadata: Metadata in the Ontario Land Information Directory (OLID): http: /Iioapp.Irc.gov.on.ca/ edwin/ EDWINCGI .exe ?IHID= 564&AgencyID =1 &Theme =All The mes Additional Comments: This data class includes wetlands that have not been evaluated using the wetland evaluation process. Evaluated wetlands are found in the Wetland Unit concrete data class. Please refer to the Wetland Unit Greenbelt technical note for more information. Contacts: -For technical questions on LIDS or SNIF contact LIO support (705) 755 -1878 or by email at info- access @webmail.mnr.gov.on.ca. -For guidance on using the data for municipal planning and implementation of the Greenbelt Plan, contact the District Planner at the nearest MNR District office. A list of MNR district offices is available online at: http /www.mnr.gov.on.ca /MNR/csb /message /mnroffices.html. -For copies of this document, go to: http:// publicdocs.mnr.gov.on.ca/View.asp ?Attachment ID= 20952 &Document ID= 10960. Greenbelt Technical Data Note Significant Ecological Area 2 Ministry of Natural Resources Greenbelt Technical Data Note— Selected Greenbelt Wildlife Habitat: Version 1.0. Date May 3, 2006 Data Class Name: Selected Greenbelt Wildlife Habitat Description: Selected Greenbelt Wildlife Habitat is a Land Information Ontario (LIO) packaged product that contains polygon mapping of NRVIS Deer Wintering Areas and Deer Yards for Guelph District and Midhurst District. A Deer Yard (Stratum 1) is often referred to as the core of a deer yard. Deer use this area when mobility is most restricted under severe winter conditions (that is, when snow reaches depths greater than 46 centimetres). A Deer Wintering Area (Stratum 2) is the area occupied by deer in early winter or occasionally all winter during mild winters. A mild winter occurs when the snow cover in the area is Tight and fluffy, and less than 30 centimetres in depth. Source: Wintering Area, Natural Resources and Values Information System (NRVIS), MNR. Collection Method: Midhurst District: Deer stratum mapping is 1980s vintage data. Aerial surveys of deer populations were used to map yard and wintering areas on hardcopy maps which were then digitised. Guelph District: Deer stratum mapping is 1980s vintage data. Aerial surveys of deer populations were used to map yard and wintering areas based on OBM woodlot mapping. Storage: Selected Greenbelt Wildlife Habitat packaged product, Ontario Land Information Warehouse.- Access: Access through Land Information Data Subscription Service (LIDS http: /Iioib.lio.mnr.gov.on.ca /lids /Welcome.asp), select 'Selected Greenbelt, Wildlife Habitat data product. For additional information on using LIDS please see: http:// www. lio. mnr .gov.on.ca /liodocdetails.cfm ?ID =8388. Maintenance: The data class is maintained by the Ministry of Natural Resources' Districts on an as needed basis. Technical Notes: Data is distributed as a packaged product in a Standard NRVIS Interchange (SNIF) format file. Spatial data is stored in a zipped file containing three arc interchange files: DeerHabitat Stratuml— MidhurstDistrict DeerHabitat Stratum2 MidhurstDistrict DeerHabitat Stratum2 GuelphDistrict Key attributes are stored within the associated attribute tables. Greenbelt Technical Data Note Greenbelt Selected Wildlife Habitat 1 Key attributes include: Field Description GUT UNIT TYPE_NUM Indicates the type of wintering area (Stratum 1 or Stratum 2). 1065 Stratum 1, Deer Wintering Area 1264 Stratum 2, Deer Yard HABITAT QUALIF CODE Code to qualify the habitat U unsuitable N not specified S presently suitable data load HABITAT RANK CODE 1 Low 2 Moderate 3 =High 4 =Very high 5 Not specified SPECIES EVIDENCE_CODE Y Yes N No E Not evaluated Metadata: Metadata in the Ontario Land Information Directory (OLID): Deer Yard (Stratum 1): http: /lioapp.Irc.gov.on.ca/ edwin /EDWINCGI.exe ?IHID= 606&AgencyID =1 &Theme =All The mes Deer Wintering Area (Stratum 2): http:// lioapp. Irc .gov.on.ca /edwin /EDWINCGI.exe ?IHID= 6058cAgencyID =1 &Theme =All The mes Additional Comments: Contacts: -For technical questions on LIDS or SNIF contact LIO support (705) 755 -1878 or by email at Info access @webmail:mnr.gov.on.ca. -For guidance on using the data for municipal planning and implementation of the Greenbelt Plan, contact the District Planner at the nearest MNR District office. A list of MNR district offices is available online at: http /www.mnr. gov. on. ca /MNR/csb /message /mnroffices.html. -For copies of this document, go to: http:// publicdocs .mnr.gov.on.ca/View.asp ?Attachment ID =20951 &Document ID= 10959. Greenbelt Technical Data Note Greenbelt Selected Wildlife Habitat 2 Data Class Name: Waterbody Segment Description: The waterbody segment data class contains data on hydrological networks. It includes polygon and line features that identify segments of water bodies such as a lakes, ponds, rivers, streams, or reservoirs. A waterbody segment may be the waterbody in its entirety or a component of the waterbody. Only certain features in this data class are recommended for use (please see instructions in 'Technical Notes). Most features in this data class originated from the Ontario Basic Mapping (OBM) program. This data can aid in the identification of fish habitat in the absence of detailed fish habitat mapping. Refer to technical criteria for identification of key natural heritage features (under development). Source: Waterbody segment, Natural Resources and Values Information System (NRVIS), MNR. Field GUT NUMBER Ministry of Natural Resources Greenbelt Technical Data Note Waterbody Segment: Version 1.0. Date April 5, 2006 Collection Method: Waterbody features were mostly captured from the Ontario Basic Mapping program using traditional photogrammetric compilation from aerial photography (nominal scale of photography is 1:30,000, data compilation scale is 1:10,000). Some additional updates have been made using recent orthophotography in cooperation with Conservation Authorities. Storage Waterbody segment, Ontario Land Information Warehouse Access: Access through Land Information Data Subscription Service (LIDS http: /lioib.lio.mnr .gov.on.ca /lids/Welcome.asp), select 'Waterbody segment' data product. For additional information on using LIDS please see: http: /www.Iio. mnr. gov.on.ca /liodocdetails.cfm ?ID= 8388 Maintenance: The data class is maintained by the Ministry of Natural Resources on an as needed basis. Technical Notes: Data is distributed in a SNIF format. Spatial data is stored in 2 files within the SNIF format: poly.shp and arc.shp. Additional attributes are stored within other tables. Refer to metadata for complete data dictionary. Please see `SNIF Subscription Specifications Version 2.08' for complete details on the SNIF format (http: /www.lio. mnr. gov.on.ca /Iiodocdetails.cfm ?id= 9061). Key attributes include: Table: poly.dbf Relate Field: n.a. Description Indicates the type of waterbody area. Refer to values below. Please note that values 1800 and 1801 represent legacy OBM wetland information and are NOT recommended for use. Refer instead to specific, separate wetland data classes. Greenbelt Technical Data Note Waterbody Segment: 1 1090 -Water Area, Seasonally Inundated 1281 -Water Area, Permanent Table: arc.dbf Relate Feld: n.a. Field Description GUT NUMBER Indicates the type of waterbody line. Refer to values below. Please note that values 1802 and 1803 represent legacy OBM wetland information and are NOT recommended for use. Refer instead to specific, separate wetland data classes 1123 -Water Line, Intermittent 1263 -Water Une, Permanent 1804 -Water Une, Seasonally Inundated 2506- Constructed Drain 2806 -Water Virtual Flow Segment Metadata: Metadata in the Ontario Land Information Directory (OLID): http: /iioappirc.gov.on.ca/ edwin/ EDWINCGI .exe ?IHID =110&AgencyID =1 &Theme =All Themes Full Data Dictionary: http: /www.lio. mnr .gov.on.ca /llodocdetails.cfm ?id =8996 Additional Comments: n.a. Contacts: -For technical questions on LIDS or SNIF contact UO support (705) 755 -1878 or by email at info- access@webmail.mnr.gov.on.ca. -For guidance on using the data for municipal planning and implementation of the Greenbelt Plan, contact the District Planner at the nearest MNR District office. A list of MNR district offices is available online at: http: /www. mnr. gov. on. ca MNR /csb /message /mnroffices.html. -For copies of this document, go to: http://publicdocs.mnr.gov.on.caNiew.asp?Attachment ID =20953 &Document ID= 10961. Greenbelt Technical Data Note Waterbody Segment: 2 Ministry of Natural Resources Greenbelt Technical Data Note Wooded Area: Version 1.0 April 21, 2006 Data Class Name: Wooded Area Description: The wooded area data class represents woodland features as described by best available sources and does not identify significant woodlands as defined in the Greenbelt Plan. Application of technical criteria (currently under development by MNR) is required to identify significant woodlands. Features were captured where they are visibly discernable as greater than 2 metres in height with 60 %.canopy coverage or more and a minimum size of 1 /a hectare hectare where orthophotos not available -non Greenbelt Area). Source(s): `Wooded Area' data class, Natural Resources Values Information System (NRVIS), MNR. Collection Method(s): Woodland interpretation was completed through the Southern Ontario Land Resource Information System SOLRIS) program with subsequent detailed. edits. With the completion of SOLRIS Phase 1 for the Greenbelt area the NRVIS system has updated original base data with more recent SOLRIS data. SOLRIS standards for wooded area capture follow rigorous methodology that utilizes traditional photo interpretation of 2000 -2002 orthophotography. Features are prescribed to be within 10 metre accuracy for boundaries with capture down to 1 /4 hectare (finer features may have been capture in certain areas). Based on visual interpretation features captured through SOLRIS were typed- as either "natural "plantation" or "hedgerow Storage: Wooded Area, Ontario Land Information Warehouse Acce Access through Land Information Data Subscription Service (LIDS p: /lioib.lio:mnr .qov.on.ca /lids/Welcome.asp), select 'Wooded Area' data product. Maintenance: The data class is maintained by the Ministry of Natural Resources on an as needed basis. Local MNR Districts are the maintainers of this dataset and continue to update various portions on an as needed basis that may vary between locations. Further standardized maintenance cycles will continue to be reviewed by the corporate data custodian. Technical Notes: Data is distributed in a Standardized NRVIS Interchange Format (SNIF) with spatial data stored in the poly.shp file. Additional attributes are stored within other related tables. Refer to metadata for complete data dictionary. Please see `SNIF Subscription Specifications Version 2.08' for complete details on the SNIF format http:// www. Iio. mnr. gov.on.ca /liodocdetails.cfm ?id= 9061). Greenbelt Technical Data Note Wooded Area Data Class, April 21, 2006: 1 Key related attributes include: Table: wooded_area.tbl Relate Field: FMF OBJECT ID to OBJECT ID (in poly.shp) Field Description Wooded Indicates the type of woodland (e.g. plantation, hedgerow, natural, other). The Type type "other" applies outside the Greenbelt where SOLRIS has not been completed and Ontario Base Mapping still populates this class. Metadata: Metadata in the Ontario Land Information Directory (OLID): http: /Iioapp.Irc.gov.on.ca/ edwin/ EDWINCGI .exe ?IHID= 2526&AgencyID =1 &Theme =Al1 Theme s Full Data Dictionary: http /www.Iio.mnr. gov. on.ca /Iiodocdetails.cfm ?id =9012 SOLRIS Phase 1 mapping standards: http: publicdocs .mnr.gov.on.caNiew.asp ?Attachment ID =20931 &Document ID= 10939 Additional Comments: While these features were captured as part of the SOLRIS project there are instances where features were captured to better precision /accuracy and /or where continually edited based on local protocols. By the fall of 2007 seamless SOLRIS Phased data will be available regionally based on the SOLRIS standards. Local copies of the "Wooded Area' dataset have continued to evolve beyond original SOLRIS prescriptions and will be managed as local MNR districts require, Contacts: -For technical questions on LIDS, SNIF, etc... LIO support (705) 755 -1878 or by email at info access@webmail.mnr.gov.on.ca. -For guidance on using the data for municipal planning and implementation of the Greenbelt Plan, contact the District Planner at the nearest MNR District office: A list of MNR district offices is available :online at: http ://www.mnr.gov.on.ca/ MNR /csb /message /mnroffices.html. -For copies of this document, go to: http: publicdocs .mnr.gov.on.caNiew.asp ?Attachment ID =20993 &Document ID =11000 Greenbelt Technical Data Note Wooded Area Data Class, April 21, 2006: 2 ctfuer. Festiva1ctLights NIAGARA FALLS ONTARIO CANADA September 18, 2005 Mr. Dean Iorfida City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Winter Festival of Lights Fireworks Dear Dean: The Winter Festival of Lights is planning to hold fireworks displays again this year and requests City Council approval for such. We are utilizing the services of David Whysall International Fireworks (the same firm used by the Niagara Parks Commission for the summer fireworks displays over the falls). As always, the Festival shall be properly insured for this and will also add all affected parties as additional named insureds. At this time, we are requesting City Council approval for the pyrotechnic fireworks display to occur as follows: Saturday, November 4, 2006 7 PM Friday, November 10, 2006 9 PM Friday, November 17, 2006 9 PM Friday, November 24, 2006 9 PM Friday, December 1, 2006 9 PM Friday, December 8, 2006 9 PM Friday, December 15, 2006 9 PM Friday, December 22, 2006 9 PM Tuesday, December 26, 2006 9 PM Wednesday, December 27, 2006 9 PM Thursday, December 28, 2006 9 PM Friday, December 29, 2006 9 PM Saturday, December 30, 2006 9 PM Friday, January 5, 2007 9 PM 5515 Stanley Avenue Niagara Falls, Ontario, Canada L2G 3X4 Tel.: (905) 374 -1616 Fax: (905) 374 -4683 E -mail: wfol @niagarafallstourism.com Please note that December 31, 2006 fireworks are part of the New Year's Eve Party in the Park, and therefore, the approval for those will be requested directly by the Niagara Parks Commission. Should you have questions regarding this request, please feel free to contact me at 905 374 -1616 x. 46. Sincerely, WINTER FESTIVAL OF LIGHTS Dino F 'o Gener. Manager Office of the Mayor Inter- Department Memorandum TO: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached letter from Safe Kids Canada regarding a proclamation request distributed to council. Thanks, Kristine HI. f. G. FR .LS CLERKS P OD CK: DATE: September 27, 2006 Safe ^w Securi 1/4\K, CANADA September 15, 2006 Mayor Ted Salci Niagara Falls. City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Salci: Safe Kids Canada and CN are pleased to inform you that Safe Crossing Week will take place October 23 29, 2006. As a follow up and expansion of the successful Safe Crossing Program launch in 2005, Safe Crossing Week will raise awareness of safety at railway crossings and encourage teachers, parents /caregivers to teach children how to cross railway tracks safely. For 2006, we have invited schools across Canada to join us by teaching rail safety in the classroom during the week. Safe Kids Canada is the national injury prevention program of The Hospital for Sick Children (SickKids) in Toronto, and with our partner CN, we know that education is an important prevention strategy and parents have a vital role to help to teach their children to be safe. We also know that awareness is a critical component in educating people. To that end, we respectfully request that you proclaim October 23 29, 2006 as Safe Crossing Week in your city. Attached is a proclamation sample. As a service to your constituents, we want to provide you with information on the Safe Crossing Program. A key program component is a web -based toolkit filled with information to help parents and educators teach kids about railway safety, such as tip sheets, educational activities and discussion topics. The toolkit is available by visiting www.safekidscanada.ca or by calling 1- 888 SAFE -TIPS (723- 3847). Thank you for your time and attention. Please do not hesitate to contact my staff member for the project, Linda Ward at 416 813 -6173 or linda.ward@sickkids.ca should you have any questions. Have a safe day. Sincerely, a r% Allyson Hewitt Executive Director Safe Kids Canada /Securiieunes Canada 180 Dundas Street W./180, rue Dundas 0. Suite 2105 /bureau 2105 Toronto, ON, M5G 1Z8 Canada J 416.813.7288 416.813.4986 Sf i ".f idscna 3.C_f 1- 888 SAFE -TIPS (723-3847) The national injury prevention program of Sick Kids Le programme national de prevention des blessures du Sick Kids PROCLAMATION SAFE KIDS CANADA AND CN SAFE CROSSING WEEK LAUNCH OCTOBER 23 29, 2006 WHEREAS Safe Kids Canada, in conjunction with CN, is announcing the launch of Safe Crossing Week to encourage parents, caregivers and teachers to talk to children about safety at railway crossings; and WHEREAS Safe Kids Canada is the national injury prevention program of The Hospital for Sick Children (SickKids) in Toronto, and with CN, knows that education is an important prevention strategy and parents have a vital role in helping to teach their kids to be safe; and WHEREAS Each year in Canada, close to 100 people are killed and another 100 injured in train- related collisions. The majority of these incidences are predictable and preventable; and WHEREAS Parents and children need to know how to stay safe near railway tracks: Always cross at a railway crossing with a sign and /or gates; Listen for the warning bell and train whistles; Look both ways before crossing tracks; If one train passes, make sure that a second train is not approaching on the same or another track; Walking or playing on or near tracks is dangerous and illegal; NOW THEREFORE, I, MAYOR OF THE CITY OF DO HEREBY PROCLAIM OCTOBER 23 29, 2006, SAFE CROSSING WEEK IN THE CITY OF Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Arts Culture Week Council's consideration is respectfully requested, Working Together to Serve Our Community The City of Niagara Fal Canad� Date: October 16, 2006 At the September 21st meeting of the Niagara Falls Arts Culture Committee the following Motion was made: IT WAS MOVED BY Mark Matthews, seconded by George Vallo, that the week of October 29 to November 4 2006, be declared as Arts Culture Week. Motion Carried The Arts Culture Committee's purpose is to foster, develop and unite artistic and cultural activities in the community. With this purpose in mind, the Committee is hosting the inaugural Arts Culture Wall of Fame Induction Ceremony at Niagara Square on Saturday, November 4t (see report later on the Council agenda). In addition, the 2°' Annual ArtFest is also taking place at the Niagara Square from 9a.m. to 5 p.m. on Saturday, November 4t Community arts culture groups will be on hand to display and demonstrate their talents. Dear Sir/Madam: Encls. Minister of Citizenship and Immigration Ottawa, Canada K1A 1 L1 Canada Ministre de to Citoyennete et de i'immigration As fall approaches, we are again looking forward to celebrating Canada's Citizenship Week. I hope you will join us by actively participating in this event. Canada's Citizenship Week will be held October 16 -22. The events over the Week offer us an opportunity to celebrate the values of equality, respect and freedom that all Canadians share. I hope that your municipality recognizes the importance of Canada's Citizenship Week and will participate in the celebration. We are encouraging municipalities to become involved by passing a resolution proclaiming Canada's Citizenship Week. A sample resolution is enclosed for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is enclosed. I am sure that, as a municipal official, you will agree that all citizens should be encouraged to take part in community activities. It is particularly important for young people to become actively engaged in citizenship activities. Many of the products we have developed encourage young people to be responsible and active citizens. I encourage you to view these products by visiting our Web site at http:// www. cic. gc. calenglish /citizen/celebrate.html. Thank you for your support, and enjoy Canada's Citizenship Week! Sincerely, Monte Solberg, P:C., M.P. WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: THEREFORE: Proclamation Canada's Citizenship Week October 16 -22, 2006 Canada's Citizenship Week will be held from October 16 to 22, 2006; Canada's Citizenship Week provides an opportunity to reflect on the value of citizenship and immigration and to focus on the privileges, rights, responsibilities and obligations of citizenship; New Canadians bring a strong sense of commitment to their new home, make many valuable contributions to Canada and play an important role in our economic strength and cultural diversity; The themes and values of Canadian citizenship reinforce an important message for all Canadians that newcomers are welcome in Canada and that we all belong; All Canadians, old and new, can join together in reaffirming their commitment to Canada; 1 (Mayor) do hereby proclaim the week of October 16 -22, 2006, as "Canada's Citizenship Week" in the (City/Town) of Please fax a copy to (613) 954 -9144 v R L c O v Q Q E C O (6 0 o v E V N c (3 F_ C tts U o E a) a V s_. c c 0 ca c L a) N v Q X v O a-+ LE c a) v 0 s O v 0 c U co 0. 0 v L y 0 E co RS 0 s c E L v 01 (a L r6 of O N E, a 0 o 0 V) 0 aJ O V) a) -C v' 4 L c 4, o A v M O V0 O c E E v Q) U V V c (C3 -0 a� c s (a (n c c U c N 0 (a E 0_ (a i O (Q v O N c aJ eC5 U 0 4.� v O RS c E v c 41 c v o o o cz Q) 07 V c 4 5 -c 0 (Q .a L c {n a) L E o 0 m3 a) cn y Q, c .c u 0 E U ON O v a) 0 c O 0) ('3 0 0 (I) 0 U H Q LE c .}.J V v O c a) v Q) O A .c v c L o Q E E of c E N E v c as L v v O 70 E c o o U O O n L E a) E D E O O O Q) o O L -0 E c Y as 3�+ O ca Q Q .V •U (a Z" +.7 as c a. O 0 CL c Cj v a) o c o v Q1 C t a E E E w 0 L) cNi C R C V 4 0 N CO .c a) aJ N 0 >l 4— 4- 4— V v t/7 o c as 0 as E vi a) V 'L a) Les c O 0 2 4-' N CI) 2 ,(a a) 0 c v 0) a) 0 L a) O 0 N a) N R3 c v c x v 0 a) N W as C O O v 0 4. Z3 c o c O 0 0 Q v v v a) a s 0 t_ a) c Q. j 4 3 O tcS t1) O N 4 CU 4' O a) L (a �r 0) c (a a v c 03 (CS Q LE .c c c N 4., v -c 0 0) 2 V 0 12 E N C aS 0 0 0 d-� 0 a) C its ms vi CO v of L 0 H Q. 0 c OL V v c v c The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Municipal Elections Act Corporate Services Department CD- 2006 -15 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: CD- 2006 -15 Compliance Audit Committee October 16, 2006 That Council consider whether to establish a Compliance Audit Committee and, if so, which powers to delegate to such a committee as per s. 81 (3.1) of the Municipal Elections Act. Dean lorfida City Clerk At the most recent meeting, Council passed a motion asking staff to prepare a report on the possibility of a Compliance Audit Committee. In light of the recent experience in this municipality, and in Hamilton, it is understandable that Council may want to consider delegating its authority under the Municipal Elections Act. Having a committee in place to make decisions on granting or rejecting compliance audits and deciding on prosecution will mean that the Council is not in judgment of its peers. The following is a brief overview of the compliance audit application and review process: an elector, who is entitled to vote, may apply for a compliance audit if he or she believes "on reasonable grounds that a candidate has contravened provisions of the Act" related to campaign finances. an application must be made within 90. days of a candidate's financial statement filing deadline, it must be made in writing and it must "set out the reasons for the elector's belief'. within 30 days of receiving an application, Council must be decided whether to grant or reject the application. Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development October 16, 2006 2 CD- 2006 -15 within 15 days after the Council's decision is made, the elector may appeal to the Ontario Court of Justice. The court may make any decision. that the Council could have made. if the request is granted, an auditor licensed under the Public Accounting Act, 2004 shall be appointed to conduct the compliance audit. The auditor is granted broad powers for the purpose of conducting the audit and the auditor's costs are paid by the municipality. the auditor shall conduct the audit and prepare a report which outlines apparent contraventions, if any. the auditor's report shall be considered By Council within 30 days. if there are apparent contraventions, Council shall consider legal proceedings. if the auditor's report indicates that .there have been no apparent contraventions and it is determined that there are no reasonable grounds for the application, the auditor's costs may be recovered from the elector. As the above notes, there are two major decisions for Council to make: whether to grant or reject the compliance audit and whether to commence legal proceedings. Section 81 (3.1) of the Municipal Elections Act allows Council to delegate some or all of the decision making powers under section 81 of the Act to a committee. Compliance Audit Committee The Act stipulates the following requirements for such a committee: it has to be established before voting day. the committee shall not include employees or officers of the municipality or Council members. the Council shall pay all costs in relation to the operation and activities of the committee. If Council agrees to establish such a committee, staff could have a by -law ready to go for the next Council meeting. The recruitment of actual members of the committee would have to happen at a later date. Finding appropriate individuals to sit on a compliance audit committee could prove problematic. Staff would recommend that committee members have applicable experience in accounting, law, law enforcement or academic related fields. A general understanding ofthe campaign finance provisions under the Municipal Election Act would be an asset. There is no guarantee, however that qualified persons will volunteer. When this municipality embarked on the compliance audit process in 2004, there was a general lack of knowledge of compliance audits in the local accounting field. Also, staff would want potential committee members to be impartial and have no connection with any candidates in the Municipal Election. In our medium sized municipality it may be difficult finding professionals with no connection to any candidates or sitting Council members. October 16, 2006 3` CD- 2006 -15 What Authority Can be Delegated? Section 81(3.1) of the Municipal Elections Act contemplates full or partial delegation. Under partial delegation, the compliance audit committee would only decide whether to accept or reject the request for a compliance audit. Full delegation of authorities under s. 81 (3.1) would allow a compliance audit committee to make all of the following decisions: whether to accept or reject a compliance audit request. the appointment of the auditor to conduct the compliance audit. whether to commence legal proceedings for apparent contraventions. whether to recover costs if no contravention has occurred. Is There a Need for a Compliance Audit Committee? Unlike three years ago, we now have the benefit of some case law on compliance audits. The Hamilton and Niagara Falls cases offer some guidance on when to grant a compliance audit. The Act states that the elector believes on "reasonable grounds" that a candidate has contravened a provision of the Act related to campaign finances. Justice Culver articulated the standard to be followed, in the Hamilton case: "The standard is one credibly based probability... mere suspicion, conjecture, hypotheses or 'fishing expeditions" fall short of the minimally accepted standard from both a common law and constitutional perspective. On the other hand, in addressing the requisite degree of certitude, it must be recognized that reasonable grounds are not to be equated with proof beyond a. reasonable doubt or a prima facie case... the appropriate standard of reasonable or credibly based probability envisions a practical, non technical and common sense probability as to the existence of the facts and inferences asserted Based the above standard, which was followed in the Niagara Falls case, staff would posit that unless a compliance audit request is clearly frivolous or a "fishing expedition most compliance audit requests should be granted; therefore, there seems to be little need to have a compliance audit committee to come up with this determination. Staff could make such a recommendation to Council. In this writer's opinion, empowering a compliance audit committee to merely determine whether to grant or reject a compliance audit is of minimal value. Granting a compliance audit committee all the possible powers s. 81 (3.1) may be of more value; however, is Council willing to cede all of its powers? The appointment of an auditor is a non- controversial decision based on normal tendering factors such as price, experience and time. Does Council want to give up the decision on whether to commence legal proceedings, and the costs inherent in such a decision? In the Niagara Falls case, despite the auditors, Deloitte Touche, identifying violations under the Municipal Elections Act, the majority of Council took into account the candidate's intent, the nature of the violations and other factors in deciding whether to commence legal proceedings or not. October 16, 2006 4 CD- 2006 -15 Are Compliance Audit Requests the Trend of the Future? The Hamilton and Niagara Falls cases, and publicity surrounding them, may indicate an increased awareness on the part of the electorate of the opportunity for compliance audits. On the other hand, the aforementioned cases may actually reduce the need for compliance audits. Mayor Larry Di Ianni in an article in the latest issue ofMunicipal World states, "I would hope that my experience will help candidates to be accurate and fully compliant with the Act." CONCLUSION: The delegation of Council's authority under the Municipal Elections Act regarding compliance audits has various advantages and disadvantages: Advantages: Council will not have to make decisions regarding their peers. electors may view a committee as more impartial, particularly if an application may involve a sitting member of Council. establishment of a Committee and the appointment of qualified members may provide additional incentive for candidates to be scrupulous in satisfying all election campaign finance requirements. Disadvantages: lack of political accountability in the decision making process, especially with regard to whether to commence legal proceedings. additional costs, including costs associated with recruitment and remuneration for appointed members. no guarantee of qualified committee members. If Council does decide to delegate powers to a compliance audit committee, it would be staff's recommendation that the committee is entrusted with all powers found under s. 81 (3.1) of the Municipal Elections Act. Recommended by: Dean Iorda City Clerk Approved by: �L or T. Rav da Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Prepared by: BACKGROUND: T. rrison Manager of Finance Recommended by: K.E. Burden Director of Finance Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: Fax: E -mail: (905) 356 -7521 (905) 356 -0759 afelicetti a�7niagarafalls.ca October 16, 2006 Re: F- 2006 -50 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. Approved by: T. Ravenda //co- Executive Director of Corporate Services Respectfully submitted by: jd( John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development F- 2006 -50 Kenneth E. Burden Director Es" 0) OCD (NI C)) ER .ct CV cf) E9 4 04 N4 •44' ER (0C a0cicci N Efl oO0 OOOCD. coo c) 0) u) E9 CDON 4 NEA. 1 CO 1- E9 o 6 N CO E9 NC900 '41: Oo) C'') E9 u)cjjppCp LC) CO 69 1' N 69 0O 4rEoc o r- Er) ER to E9 4 4 cryM N t1'tDd I� I-- (0 cV Cc) E9 (p CV Eli ID cc; 10010 (D6u)(DOI-:o 69 ER "4' O E9 co Ei1 C4 co E9E9 64 0 C c0 r 0') c CO f` N ER Reason for Application a; 0 X co to a -o x ....0 a) .0 oEaEEEEEa. 0 '11 corm o�� a) N a 0004000 .0 O L 0 0 a) s) co E O E V 0 o 0) C m c'0 >k- o c O c.c..cL.c O L o c 0 CU 2 s) E 0 L 0 c 0 O a'0 4- Co E 0 L 0 c 0 0 4..,4- CZ E o L 0 c 0 a) a _o as E OCaXmOco000000000002000 O E m 0 o O c L, 0) 0 c c= 0? a) 0 a c 4... 0 .0 c E o E`er 0 Xs] E O 4-0-. O L 0 c 0 w o E a) '0 ia.2 co E E`'= 0 X.O E O O L 04)0 c 0....0 o EoE 0" '0 -o, CO E O ca o as O x 0 .D 0 0 m -C p L, C o 0 10 s) co E cu cts 0 o 000 as CU as .1:a .a a a N as al ca ca v) (n N N 0 0 ca _o co a) O .fl r) as .o a) co co as 03 .o te a) a) N co (a co Became exempt asinkregio .ro uoltllowap 'aJt} Aq petiewea Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise l raxatiori Year CV NNOINNNNCVNC4NNCNNNNNoiNCVNCVCINCVN 900Z 900Z CO 0 o00000000 N NcJN0NNNNN CD 0 (0 0 10 0 Vt 0 CD 0 CD CO CO 0 CD 0 CD 0 Name and Address of Applicant C Bogdan Lech, 4528 Bridge Street, Niagara Falls, ON L2E 2R7 486664 Ontario Limited, 4415 Buttrey Street, Niagara Falls, ON L2E 2X2 Claudia Maria Nicosia, 59 Murray Rd, Toronto, ON M3K 1T5 Lottie Lavine, 99 Oakwood Ave, Toronto, ON M6H 2V9 Micheal Cora Forster, Attn: Rob Lake, 10185 158 Ave, Edmonton, AB T5X 5L3 Micheal Cora Forster, Attn: Rob Lake, 10185 158 Ave, Edmonton, AB T5X 5L3 Hoco Limited, PO Box 60, Stn Main, Niagara Falls, ON L2E 6S8 Hoco Limited, PO Box 60, Stn Main, Niagara Falls, ON L2E 6S8 Helias Enterprises Ltd, 5481 Dunn Street, Niagara Falls, ON L2G 2N6 Stamford United Church Trustees, 3855 St. Peter Ave, Niagara Falls, ON L2J 2N7 (amended app) Hodan Investment Corp, c/o Urquhart Assoc, PO Box 4043, St. Catharines, ON L2R 7S3 Niagara Falls City, c/o Niagara Falls Boys Girls Club, 6681 Culp St, Niagara Falls, ON L2G 2C5 1346763 Ontario Inc, 855 Elm St, PO Box 13, Port Colborne, ON L3K 5V7 DiPaolo Investments Inc, 2129 Portage Road, RR #1, Niagara Falls, ON L2E 6S4 Vincent Karen Forte, 6304 Montrose Rd, Niagara Falls, ON L2E 684 Niagara Regional Municipality, c/o Regional Clerk, P.O. Box 1042, Stn Main, Thorold, ON L2V 4T7 Niagara Regional Municipality, c/o Regional Clerk, P.O. Box 1042, Stn Main, Thorold, ON L2V 4T7 Niagara Regional Municipality, c/o Regional Clerk, P.O. Box 1042, Stn Main, Thorold, ON L2V 4T7 Niagara Regional Municipality, c/o Regional Clerk, P.O. Box 1042, Stn Main, Thorold, ON L2V 4T7 Ontario Lottery Gaming Corporation, 4120 Yonge St, Suite 420, Toronto, ON M2P 2B8 Roy Alexandra Sheridan, 3410 Cardinal Dr, Niagara Falls, ON L2H 2X3 Roy Alexandra Sheridan, 3410 Cardinal Dr, Niagara Falls, ON L2H 2X3 Roy Alexandra Sheridan, 3410 Cardinal Dr, Niagara Falls, ON L2H 2X3 461426 Ontario Limited, 8845 Lundy's Lane, Niagara Falls, ON L2H 1H5 Canterra Property Holding Inc., 7868 Oakwood Dr, Niagara Falls, ON L2E 685 Jupiter Global Inc, c/o Interbay Loan Serv, 77 Bloor Street West, Suite 1205, Toronto, ON M5S 1 M2 Richard Donna Chamberlain, RR 3, 11100 Sodom Road, Niagara Falls, ON L2E 6S6 1 i ne Lorporatron of i he City of Niagara Fails, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 1 Asnisn aJeev up a, Forum r, Unit 106B, Mississauga, ON L4Z 4C1 I I I t I ratricia L onnoiiy, 5135 Morrison St, Niagara Falls, ON L2E 2E2 Eugene Irena Staszko, 39 Longford Cres, St. Catharines, ON L2B 6E7 Shirley Martin Barbara Tavender, 5121 Fourth Ave, Niagara Falls, ON L2E 4P7 Shirley Martin Barbara Tavender, 5121 Fourth Ave, Niagara Falls, ON L2E 4P7 Shirley Martin Barbara Tavender, 5121 Fourth Ave, Niagara Falls, ON L2E 4P7 Kargo Properties Inc, 5681 Thorold Stone Rd, Niagara Falls, ON L2J 1A1 Wildred Mary Bird, 5637 Magnolia Dr, Niagara Falls, ON L2H 3J4 1526851 Ontario Inc, 4063 Longhurst Ave, Niagara Falls, ON L2E 6G5 Theresa Maria Barrett, 7991 Woodbine St, Niagara Falls, ON L2H 1C8 RRVP Niagara Square Inc, c/o Riocan Property Services, 700 Lawrence Ave West, Suite 315, Toronto, ON M6A 3& Or Cr) N <e- Cot.- 0 4 O'f'''I' -00 cD (D O c0 (D w CD tt3 t1 0 0 0 0 8000 Q NNNNN N NNN N NNNNNN NNN N NNNNNCV 0 OMco CO 000 CO 8 ti r- cD 0 O(I?C) (0 0 OcD (D 0 c0 o 2 0) 6 0 7 o C004 '7 co o 0 co 0 m Qc7u)ttCou)cocoOOQm N etu)O N 0 0 OM(,9c?"?1cD co Co 0 0 (o 0 c0 co co c0 co 0 0 0 0 NNNNCVNN co 0 800 tnu)u)tn(D c0 NNNNNN c0 0 (o 0 (0 O c0 0 0 v t O. X 75 ILI Cr/ 0 CO o UJ 0 co CC LL c a. a. a) c •N E O U a Q 0.0 Z o .co co 0 o ca cn to co c to eL a. as CITY OF NIAGARA FALLS Assessment Region L CU C O Fri E 0 0 c Q o ce E 0 co Q Z L W 0. a La Q 1-• 0 !L c ft L 0 m 0 r o as D o iii a g LL u, Si O E o U CL 0 U 0 O l O c z 0 m co en H'^ 0 O U v c3 W o Q. Ce n- E .,5 cu Z M CO p re u) to :E c o v J C r .J ..r uL X N W in C U M c Z -o Q V 4- c it 2 Z .2 0 OM 1L L m LL p O E Z 2 O O 0 t7 V C HN U v 2 2 N a a. c a. O O Le 0 a o 1 C) U N CO .c. L >4 0. 0. MS d) L 4) O (0 0 1- 0 c6 0 LL CO O C? .0 Q) O 1.5 U 0 0 (d 0 Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2006 -51 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $19,492,994.16 for the period August 30, 2006 to October 3, 2006. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: K. E. Burden Director of Finance Approved by: Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca f T. Ravenda Executive Director of Corporate Services Corporate Services Department F- 2006 -51 Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca October 16, 2006 John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Kenneth E. Burden Director CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1194118 ONTARIO INC 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 2 GUY'S GLASS INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A CAPPELLA NIAGARA A E TRAFFIC TECHNOLOGIES A J SLINGER SERVICE AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ACTION CORPORATION ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AHMAD,USMAN AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AKALU,KAREN ALBANESE,LORI ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALL GREEN IRRIGATION ALL GREEN IRRIGATION ALLAN FYFE EQUIPMENT LTD ALWARD,BRADLEY ANIXTER CANADA INC ANTONIO,CHUCK ANTONIO,KEVIN PATRICK APPLIED RESEARCH ASSOCIATES INC ARAMARK REFRESHMENT SERVICES ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARMTEC LIMITED ASHLAND CANADA CORP ASSOC OF MUNICIPAL TAX COLLECTORS OF ONTARII ASSOCIATED ENGINEERING (ONT) LTD AVENUE ROOTS AVENUE ROOTS AVENUE ROOTS AP5200 Cheque No. Cheque Date Purpose 304516 19- Sep -2006 REFUND 304240 05- Sep -2006 CONTRACT SERVICES 304835 03-Oct-2006 CONTRACT SERVICES 304241 05- Sep -2006 CONTRACT SERVICES 304836 03- Oct -2006 MATERIALS 304244 05- Sep -2006 MATERIALS 304544 19- Sep -2006 CONTRACT SERVICES 304854 03- Oct -2006 CONTRACT SERVICES 304246 05- Sep -2006 REMITTANCE 304519 19- Sep -2006 MATERIALS 304375 12- Sep -2006 MATERIALS 304245 05- Sep -2006 MAINTENANCE AND REPAIRS 304370 12- Sep -2006 MAINTENANCE AND REPAIRS 304517 19- Sep -2006 MAINTENANCE AND REPAIRS 304672 26- Sep -2006 MAINTENANCE AND REPAIRS 304673 26- Sep -2006 MAINTENANCE AND REPAIRS 304837 03-Oct-2006 MAINTENANCE AND REPAIRS 304247 05- Sep -2006 MATERIALS 304371 12- Sep -2006 MATERIALS 304518 19- Sep -2006 MATERIALS 304248 05- Sep -2006 CONTRACT SERVICES 304372 12- Sep -2006 CONTRACT SERVICES 304373 12- Sep -2006 MATERIALS 304674 26- Sep -2006 MATERIALS 304520 19- Sep -2006 REFUND 304249 05- Sep -2006 MAINTENANCE AND REPAIRS 304374 12- Sep -2006 MAINTENANCE AND REPAIRS 304675 26- Sep -2006 MAINTENANCE AND REPAIRS 304838 03- Oct-2006 MAINTENANCE AND REPAIRS 304839 03-Oct-2006 MATERIALS 304376 12- Sep -2006 ADMINISTRATIVE 304377 12- Sep -2006 MAINTENANCE AND REPAIRS 304378 12- Sep -2006 CONTRACT SERVICES 304521 19- Sep -2006 CONTRACT SERVICES 304522 19- Sep -2006 CONTRACT SERVICES 304676 26- Sep -2006 CONTRACT SERVICES 304840 03-Oct-2006 CONTRACT SERVICES 304250 05- Sep -2006 MATERIALS 304523 19- Sep -2006 MAINTENANCE AND REPAIRS 304677 26-Sep-2006 MATERIALS 304251 05- Sep -2006 EQUIPMENT 304678 26- Sep -2006 REMITTANCE 304252 05- Sep -2006 MATERIALS 304524 19- Sep -2006 ADMINISTRATIVE 304380 12-Sep -2006 REFUND 304525 19- Sep -2006 CONSULTING SERVICES 304679 26- Sep -2006 SUPPLIES 304841 03-Oct-2006 REMITTANCE 304382 12- Sep -2006 MATERIALS 304526 19- Sep -2006 MATERIALS 304381 12- Sep -2006 EQUIPMENT 304527 19- Sep -2006 MATERIALS 304680 26-Sep -2006 CONTRACT SERVICES 304681 26- Sep -2006 ADMINISTRATIVE 304383 12- Sep -2006 CONTRACT SERVICES 304384 12- Sep -2006 CONTRACT SERVICES 304529 19- Sep -2006 CONTRACT SERVICES 304682 26- Sep-2006 CONTRACT SERVICES Pape 1 Amount 13,524.02 8,828.53 8,914.10 110,738.57 123.38 503.50 32,531.28 78,300.76 150.00 1,142.85 216.51 90.06 90.06 90.06 884.03 360.40 1,091.80 907.78 26.45 26.70 159.00 159.00 84.34 54.15 25.00 2,092.99 2,901.82 2,061.44 2,724.53 85.45 40.51 567.10 1,489.44 277,727.07 39,912.51 5,300.00 5,300.00 34.20 307.93 3,551.00 9,111.34 100.00 2,479.50 11.39 148.09 3,113.75 117.30 26.50 66.14 68.26 74,910.56 1,109.31 255.20 74.20 515.37 524.70 2,332.32 4,081.00 :ITY OF NIAGARA FALLS RUNICIPAL ACCOUNTS fendor Name 3ANK OF MONTREAL 3ANK OF MONTREAL 3ARCLAY TODD'S 3ARCLAY TODD'S 3ARNSLEY,JOHN 3ATTISTA,KEVIN --3ATTLEFIELD EQUIPMENT RENTALS 3EAULIEU,DIANNE 3ELL CANADA 3ELL CANADA 3ELL CANADA 3ELL MOBILITY PAGING 3ELL MOBILITY PAGING 3EN BERG FARM INDUSTRIAL EQUIPMENT LTD 3ENSON,MARTIN 3ERARDI,FRANCESCA 3ETTY'S RESTAURANT 3ETTY'S RESTAURANT 3LP BRONZE INTERN LTD 3LP BRONZE INTERN LTD 3ONADIE,JOHN 3ORDEN LADNER GERVAIS 3OUW,JOHN 3OYS GIRLS CLUB OF NIAGARA 3REDIN,JIM BRINKS CANADA LTD 3ROCK AUTOMOTIVE 3ROMAC CONST ENG LTD 3ROOK MCILROY INC 3ROUGH,JOHN 3UNTIN REID 3UNTIN REID 3UNTIN REID 3URKE,PATRICK N WATSON AND ASSOCIATES LTD R L CAMPBELL CONSTRUCTION DRAINAGE LTD R L CAMPBELL CONSTRUCTION DRAINAGE LTD :AMPIGOTTO,AARON SAN AM INSTRUMENTS LTD .7ANADA LAW BOOK :ANADA POST CORPORATION ANADIAN DOOR DOCTOR kNADIAN LEAK DETECTION :ANADIAN NATIONAL 3ANADIAN NATIONAL 3ANADIAN PACIFIC RAILWAY CO iNAL,DANIEL CANNON HYGIENE CANADA LTD 3ANTEC SECURITY SERVICES :ARSWELL :ARSWELL TARTER CAR TRUCK RENTALS ►ASTENEDA,JOSE :ENTENNIAL CONSTRUCTION IENTURY VALLEN ERIDIAN CANADA LTD ERTO,FRANCES A >12M HILL CANADA LTD Cheque No. Cheque Date Purpose 304683 304842 304684 304843 304844 304385 304845 304685 304386 304387 304531 304254 304532 304847 304686 304533 304534 304687 304255 304388 304389 304535 304390 304536 304688 304689 304391 304834 304392 304848 304257 304537 304690 304691 304266 304404 304708 304393 304395 304258 304397 304892 304539 304540 304893 304396 304394 304694 304695 304260 304696 304398 304851 304897 304832 304852 304898 304261 26- Sep -2006 03-Oct-2006 26-Sep -2006 03-Oct-2006 03-Oct -2006 12- Sep -2006 03-Oct -2006 26- Sep -2006 12-Sep -2006 12- Sep -2006 19-Sep -2006 05- Sep -2006 19- Sep -2006 03-Oct-2006 26- Sep -2006 19- Sep -2006 19-Sep -2006 26-Sep -2006 05- Sep -2006 12- Sep -2006 12- Sep -2006 19- Sep -2006 12- Sep -2006 19- Sep -2006 26- Sep -2006 26 -Sep -2006 12 -Sep -2006 28- Sep -2006 12- Sep -2006 03-Oct-2006 05- Sep -2006 19-Sep -2006 26-Sep -2006 26- Sep -2006 05 -Sep -2006 12 -Sep -2006 26-Sep -2006 12- Sep -2006 12-Sep -2006 05- Sep -2006 12-Sep -2006 26- Sep -2006 19-Sep-2006 19- Sep -2006 26-Sep -2006 12- Sep -2006 12-Sep -2006 26- Sep-2006 26-Sep -2006 05- Sep -2006 26- Sep -2006 12- Sep -2006 03-Oct-2006 26- Sep -2006 27- Sep -2006 03-Oct-2006 26- Sep-2006 05- Sep -2006 AP5200 REFUND REFUND SUPPLIES SUPPLIES ADMINISTRATIVE REFUND LEASES AND RENTS ADMINISTRATIVE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES MATERIALS REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES REMITTANCE GRANT REMITTANCE CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONSULTING SERVICES REFUND SUPPLIES SUPPLIES SUPPLIES MATERIALS CONTRACT SERVICES LEASES AND RENTS CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES MATERIALS MATERIALS MAINTENANCE AND REPAIRS REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS LEASES AND RENTS REFUND MAINTENANCE AND REPAIRS MATERIALS CONTRACT SERVICES REFUND CONSULTING SERVICES Pape 2 Amount 152.64 505.00 86.11 102.67 206.78 750.00 446.88 1,411.20 8,693.33 79.85 114.00 40.94 840.26 395.01 60.00 67.52 300.00 598.00 434.91 177.66 750.00 2,714.39 60.00 17,500.00 104.02 858.60 181.67 91,107.00 15,326.61 99.99 2,044.43 998.96 252.08 171.95 2,335.71 6,762.54 6,628.18 74.19 720.36 142.57 803.07 418.70 5,300.00 507.25 286.20 910.33 630.47 146.79 15,469.73 137.01 329.02 739.86 750.00 5,472.25 8.39 2,281.50 28.50 47,004.42 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CH2M HILL CANADA LTD CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIPPAWA RIVERHAWKS CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD CITY OF BRAMPTON CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CLASS A FIRE RESCUE CLAYDON,JEFF COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,JEFF COLLINSON,JACK COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COONS,MARC COTTON INC COTTON INC COTTON INC COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CREDIT UNION OF CENTRAL ONTARIO CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUVIELLO,VINCE CYGNAL TECHNOLOGIES CORP T46181 D J PENWARDEN APPRAISALS D. VANDENHEEDE ENTERPRISES LTD DADASOVIC,BRANKO DAVEY TREE EXPERT CO DAVIDSON,BRIAN MICHAEL& MAUTHE, JULIE KATHLEI DEEP STEAM DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DELOITTE TOUCHE LLP DENCO ENGINEERING LTD DESIGN ELECTRONICS DI BACCO,RJNA DIRECT IT CANADA INC DISTRICT SCHOOL BOARD OF NIAGARA DMA PLANNING MAN SERVICES APS200 Cheque No. Cheque Date Purpose 304542 19- Sep -2006 CONSULTING SERVICES 304699 26- Sep -2006 MATERIALS 304543 19- Sep -2006 MATERIALS 304700 26- Sep -2006 MATERIALS 304853 03-Oct-2006 MATERIALS 304399 12- Sep -2006 REMITTANCE 304262 05- Sep -2006 LEASES AND RENTS 304545 19-Sep -2006 LEASES AND RENTS 304400 12-Sep -2006 LEASES AND RENTS 304855 03-Oct-2006 LEASES AND RENTS 304263 05-Sep -2006 REMITTANCE 304264 05- Sep -2006 MATERIALS 304701 26- Sep -2006 REMITTANCE 304702 26- Sep -2006 MATERIALS 304703 26-Sep-2006 MATERIALS 304265 05- Sep -2006 ADMINISTRATIVE 304267 05 -Sep -2006 UTILITIES 304401 12-Sep -2006 UTILITIES 304546 19- Sep -2006 UTILITIES 304704 26-Sep-2006 UTILITIES 304856 03-Oct -2006 REFUND 304547 19- Sep -2006 ADMINISTRATIVE 304268 05- Sep -2006 CONTRACT SERVICES 304402 12- Sep -2006 CONTRACT SERVICES 304548 19- Sep -2006 CONTRACT SERVICES 304705 26- Sep -2006 CONTRACT SERVICES 304706 26- Sep -2006 MATERIALS 304270 05-Sep-2006 MATERIALS 304403 12- Sep -2006 CONTRACT SERVICES 304549 19- Sep -2006 MATERIALS 304857 03-Oct-2006 MATERIALS 304271 05-Sep -2006 REMITTANCE 304707 26- Sep -2006 ADMINISTRATIVE 304858 03-Oct-2006 ADMINISTRATIVE 304859 03-Oct-2006 REFUND 304272 05- Sep -2006 ADMINISTRATIVE 304405 12- Sep -2006 REMITTANCE 304551 19- Sep -2006 REMITTANCE 304709 26- Sep -2006 REMITTANCE 304860 03-Oct -2006 REMITTANCE 304552 19- Sep -2006 REFUND? 304710 26- Sep -2006 MATERIALS 304864 03-Oct-2006 CONSULTING SERVICES 304351 05- Sep -2006 MATERIALS 304273 05-Sep -2006 REFUND 304711 26- Sep -2006 CONTRACT SERVICES 304861 03-Oct-2006 REFUND 304407 12-Sep -2006 MAINTENANCE AND REPAIRS 304408 12- Sep -2006 CONSULTING SERVICES 304274 05- Sep -2006 EQUIPMENT 304409 12-Sep -2006 EQUIPMENT 304410 12- Sep -2006 CONTRACT SERVICES 304553 19- Sep -2006 CONSULTING SERVICES 304712 26-Sep -2006 MAINTENANCE AND REPAIRS 304863 03-Oct-2006 REFUND 304411 12- Sep -2006 ADMINISTRATIVE 304713 26- Sep -2006 REMITTANCE 304714 26- Sep -2006 CONSULTING SERVICES Page 3 Amount 13,065.85 40.00 114.91 317.12 682.80 100.00 10,034.42 1,253.34 1,008.90 4,309.20 250.00 128,245.30 29,475.49 174.57 798.32 97.91 176.82 460.81 255.16 276.29 100.00 48.11 1,794.15 20,491.27 5,474.12 10,931.75 185.15 2,656.53 2,893.62 1,822.86 3,378.47 4,647.80 3,221.80 303.80 678.00 3,817.83 3,529.46 3,509.40 3,506.76 3,491.29 150.00 2,970.00 26,791.50 1,351.50 230.00 374.18 357.02 1,961.71 16,996.57 1,105.80 4,304.64 1,590.00 4,205.94 554.28 750.00 1,049.40 6,860,570.19 5,353.00 CITY OF NIAGARA FALLS IIU NICIPAL ACCOUNTS Vendor Name )OUGLAS,JAMIE DRAFTCON CALAMAR CORP DREN,KARL DREN,KARL DUERKSEN,ANGELA DUFFERIN GATE PRODUCTIONS DUJLOVIC,ED ELECTRICAL SAFETY AUTHORITY ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENSIGN ELECTRONIC ALARM SYSTEMS ERWIN,JOHN EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALCO,PETER FALLS AUTO BODY INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLSVIEW HOMES LTD FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FELICETTI,ANNY FELICETTl,ANNY FELICIANO PINGUE SONS CONSTRUCTION LTD FEREN SIGNS AWNINGS LTD FINE GRADE CONSTRUCTION FINE GRADE CONSTRUCTION FIRESERVICE MANAGEMENT LTD FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORCIER,SUE FORT ERIE FIRE DEPARTMENT FORTUNA,ANDREW FRANK COWAN COMPANY LIMITED FRED GIESSLER ELECTRICAL LTD FSI CULVERT INC FULHAM,FERNANDE G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GAULEY,ROBERT GEORGE SKELDING LANDSCAPING 816146 ONTARIO 1 GERRIE ELECTRIC WHOLESALE LTD GICANTE,VITO GICANTE,VITO Cheque No. Cheque Date Purpose 304554 304865 304412 304866 304275 304413 304276 304414 304715 304555 304415 304277 304416 304556 304716 304717 304869 304557 304718 304417 304558 304719 304871 304418 304721 304872 304720 304279 304722 304873 304560 304723 304874 304724 304561 304562 304725 304726 304280 304419 304563 304727 304875 304281 304876 304420 304564 304728 304565 304877 304586 304729 304730 304282 304731 304878 304421 304879 19- Sep -2006 03-Oct-2006 12- Sep -2006 03-Oct-2006 05-Sep -2006 12- Sep -2006 05-Sep -2006 12- Sep -2006 26- Sep -2006 19-Sep-2006 12- Sep -2006 05- Sep -2006 12-Sep -2006 19- Sep -2006 26- Sep -2006 26- Sep -2006 03-Oct-2006 19- Sep -2006 26-Sep -2006 12- Sep -2006 19- Sep -2006 26-Sep-2006 03-Oct-2006 12- Sep -2006 26- Sep -2006 03-Oct -2006 26-Sep -2006 05- Sep-2006 26-Sep -2006 03-Oct-2006 19- Sep -2006 26- Sep -2006 03-Oct-2006 26- Sep-2006 19- Sep -2006 19- Sep -2006 26-Sep -2006 26-Sep -2006 05- Sep -2006 12-Sep -2006 19-Sep -2006 26- Sep -2006 03-Oct -2006 05-Sep -2006 03-Oct-2006 12-Sep -2006 19- Sep -2006 26- Sep -2006 19- Sep -2006 03-Oct-2006 19-Sep -2006 26-Sep -2006 26-Sep -2006 05- Sep -2006 26- Sep -2006 03-Oct-2006 12- Sep -2006 03-Oct-2006 AP5200 ADMINISTRATIVE REFUND ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND ADMINISTRATIVE REMITTANCE REMITTANCE EQUIPMENT CONTRACT SERVICES UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS SUPPLIES SUPPLIES REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE REFUND ADMINISTRATIVE MAINTENANCE AND REPAIRS MATERIALS REFUND MATERIALS MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE MAINTENANCE AND REPAIRS MATERIALS REFUND REFUND Amount 143.05 750.00 88.62 127.06 516.96 335.00 189.06 3,657.00 2,487.31 106,419.00 185.50 87.82 1,239.94 256.62 1,180.66 254.40 750.00 6,341.79 2,699.11 196.10 1,076.37 74.20 750.00 730.25 633.80 155.59 49.00 114.37 1,006.03 24.36 300.00 573.82 750.00 2,280.00 21,079.65 5,300.00 58.89 182.52 851.85 589.95 410.54 406.98 406.98 201.29 400.00 2,820.00 14,795.88 621.16 1,722.81 488.56 102.23 238.60 242.82 163.32 424.00 278.83 2,820.00 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GOFORTH,HANYA GOWLING LAFLEUR HENDERSON LLP GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREENLAWN GREENLAWN GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HACKETT,CHRIS HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HANG UPS 99 HANG UPS 99 HANG UPS 99 HANG UPS 99 HARD ROCK CONST INC HARMAN,SCOTT HECO HECO HELIAS ENTERPRISES LTD HICKS,DEREK HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HODAN INVESTMENT CORPORATION HODGSON CUSTOM ROLLING HOLMAN,GEOFF HR PROACTIVE INC HUMMELL,HAROLD HYDRANNT CONSULTING INC ICECO ADVANCED ARENA PRODUCTS IMAGISTICS CANADA INC IN2ITIVE GROUP INC IN2ITIVE GROUP INC INFORMATION NIAGARA INNOVATIVE MUNICIPAL PRODUCTS INC INTEGRITY ABSORBENT PRODUCTS IOANNONI,CARMINE !SECO INDUSTRIAL SAFETY EQUIPMENT CO LTD !SECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACKSON,DAVE JAGGER RIMS LIMITED AP5200 Cheque No. Cheque Date Purpose 304283 05- Sep -2006 MATERIALS 304422 12- Sep -2006 MATERIALS 304567 19- Sep -2006 MATERIALS 304732 26- Sep -2006 MATERIALS 304880 03-Oct -2006 MATERIALS 304423 12- Sep -2006 ADMINISTRATIVE 304568 19- Sep -2006 CONSULTING SERVICES 304284 05- Sep -2006 MATERIALS 304424 .12- Sep -2006 MATERIALS 304569 19- Sep -2006 MATERIALS 304733 26- Sep -2006 MATERIALS 304881 03- Oct -2006 MATERIALS 304734 26- Sep -2006 REMITTANCE 304285 05- Sep -2006 CONTRACT SERVICES 304882 03-Oct -2006 CONTRACT SERVICES 304425 12- Sep -2006 CONTRACT SERVICES 304286 05- Sep -2006 CONTRACT SERVICES 304365 06- Sep -2006 CONTRACT SERVICES 304426 12- Sep -2006 MATERIALS 304571 19- Sep -2006 MATERIALS 304735 26- Sep -2006 MATERIALS 304884 03-Oct-2006 MATERIALS 304572 19-Sep-2006 REFUND 304288 05- Sep -2006 LEASES AND RENTS 304573 19- Sep -2008 LEASES AND RENTS 304736 26-Sep -2006 LEASES AND RENTS 304427 12- Sep -2006 CONTRACT SERVICES 304737 26- Sep -2006 MATERIALS 304428 12- Sep -2006 MATERIALS 304574 19-Sep-2006 MATERIALS 304738 26- Sep -2006 MATERIALS 304885 03-Oct-2006 MATERIALS 304429 12-Sep -2006 CONTRACT SERVICES 304739 26- Sep -2006 REFUND 304430 12- Sep -2006 LEASES AND RENTS 304740 26- Sep-2006 MAINTENANCE AND REPAIRS 304575 19-Sep -2006 REMITTANCE 304576 19- Sep -2006 MATERIALS 304577 19- Sep -2006 CONSULTING .SERVICES 304578 19- Sep -2006 MATERIALS 304431 12- Sep -2006 REFUND 304741 26- Sep -2006 MATERIALS 304432 12- Sep -2006 ADMINISTRATIVE 304579 19- Sep -2006 CONSULTING SERVICES 304291 05- Sep -2006 ADMINISTRATIVE 304580 19- Sep -2006 REMITTANCE 304886 03-Oct-2006 MATERIALS 304888 03-Oct -2006 LEASES AND RENTS 304433 12- Sep -2006 MATERIALS 304582 19- Sep -2006 MATERIALS 304889 03- Oct -2006 MATERIALS 304293 05-Sep-2006 MATERIALS 304294 05- Sep -2006 MATERIALS 304742 26- Sep -2006 ADMINISTRATIVE 304434 12- Sep -2006 MATERIALS 304583 19- Sep-2006 MATERIALS 304743 26- Sep -2006 ADMINISTRATIVE 304585 19-Sep-2006 CONSULTING SERVICES Pape 5 Amount 1,861.91 901.64 4,614.30 944.88 1,772.79 58.66 13,628.38 196.63 1,108.91 61.29 401.38 153.83 61.40 840.61 835.56 3,209.70 16,798.03 15,012.10 628.94 1,164.03 2,519.52 456.00 93.13 2,690.40 3,291.75 627.00 4,300.70 1,600.16 943.97 1,887.93 2,045.82 105.36 65,161.73 150.00 1,099.22 10,273.01 9,500.00 300.00 596.78 54.03 7,066.26 3,547.68 127.44 5,153.83 218.17 650.00 4,927.90 14,997.07 3,277.64 749.84 59.00 2,088.10 1,986.58 484.46 148.19 427.47 166.69 4,790.84 :ITY OF NIAGARA FALLS MINIMAL ACCOUNTS Vendor Name JASON COLLEE GRAPHIC DESIGNER JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JET ICE LTD (AN DU POOLS LTD KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KERRY T HOWE ENGINEERING LTD (ING CONTRACTORS OF NIAGARA LTD (NECHT BERCHTOLD INC (ONE INC (ORMOS,CATHARINE (RAFT CANADA INC (UCHYT,TOM (UCHYT,TOM .ABOUR DISPUTES RESOLUTIONS LIMITED AFARGE CANADA INC .AFARGE CANADA INC AFARGE CANADA INC AFARGE CANADA INC AMBERT,DON ATOPLAST LTD ATOPLAST LTD ATOPLAST LTD AUFREY;CURTIS _E CONSEIL SCOLAIRE DE DISTRICT CONSEIL SCOLAIRE DE DISTRICT _EGACE,E. -ES CLEFS D't1R NIAGARA REGION -EXISNEXIS CANADA INC EXISNEXIS QUICKLAW JEPINS,INTA _INDSAY PRESS _UEY,CATHERJNE YNETT,MICHAEL N J DUMONT ENTERPRISES LTD W2 GROUP INC W2 GROUP INC NAIDENS,BRETT 4JALIBU POOLS IRAN MIL:E 41ANCHESTER SUPPLY WANGOFF,TED WANNELLA,SALVATORE MARINE CLEAN LTD MARINE CLEAN LTD AARMIK RESOLUTION SERVICES LTD MARONE,ANTONIO MARONEY,LISA MARTIN,ROBERT MATRIX INNOVATIONS INC AATTHEWS CAMERON HEYWOOD KERRY AATTHEWS CAMERON HEYWOOD KERRY AATTHEWS CAMERON HEYWOOD KERRY AATTHEWS CANADA LTD MAVES,BRAD MCDONALD,ROB ACLEAN KERR LLP T HOWE St T HOWE St T HOWE St Cheque No. Cheque Date Parpoee 304744 304435 304745 304295 304436 304296 304437 304746 304586 304587 304588 304891 304367 304438 304892 304589 304298 304590 304747 304893 304748 304299 304591 304749 304750 304751 304752 304592 304593 304594 304754 304596 304597 304896 304897 304911 304599 304898 304441 304600 304899 304601 304602 304301 304302 304757 304603 304900 304901 304902 304442 304303 304758 304903 304304 304443 304444 304604 26- Sep -2006 12-Sep -2006 26- Sep -2006 05- Sep -2006 12- Sep -2006 05-Sep -2006 12-Sep -2006 26-Sep -2006 19- Sep -2006 19-Sep -2006 19-Sep -2006 03-Oct -2006 06- Sep -2006 12- Sep -2006 03-Oct-2006 19- Sep -2006 05-Sep -2006 19-Sep -2006 26-Sep -2006 03-Oct-2006 26-Sep -2006 05-Sep-2006 19- Sep -2006 26- Sep -2006 26- Sep-2006 26-Sep-2006 26-Sep -2006 19-Sep -2006 19-Sep -2006 19- Sep -2006 26- Sep -2006 19-Sep -2006 19-Sep-2006 03-Oct -2006 03- Oct -2006 03-Oct-2006 19-Sep -2006 03-Oct-2006 12- Sep -2006 19-Sep-2006 03-Oct-2006 19- Sep -2006 19- Sep -2006 05-Sep-2Q08 05- Sep -2006 26- Sep -2006 19- Sep -2006 03- Oct -2006 03-Oct-2006 03- Oct -2006 12-Sep -2006 05- Sep -2006 26-Sep -2006 03-Oct-2006 05-Sep -2006 12- Sep -2006 12- Sep -2006 19- Sep -2006 AP5200 CONSULTING SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS REFUND ADMIMSTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADM MATERIALS CONTRACT SERVICES REFUND MATERIALS ADMINISTRATIVE REFUND UTILITIES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS REMITTANCE MATERIALS ADMG IN1STRATIVE REFUND CONTRACT SERVICES CONTRACT SERVICES ADMISTRATIVE REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND ADMINISTRATIVE CONTRACT SERVICES Page 6 Amount 750.00 70.00 510.00 1,067.74 94.34 9,728.36 4,017.40 18,810.12 5,564.00 22,389.60 2,934.57 750.00 28,723.13 346.88 368.41 92.75 633.11 995.92 2,116.34 497.96 300.00 225.72 376.37 460.51 65.00 115,566.50 236,518.22 100.00 150.00 177.55 226.84 25.00 30.78 721.73 750.00 649.80 32,306.16 24,128.94 66.25 14,203.95 190.00 279.30 46.42 65.00 427.16 4,320.19 742.00 750.00 750.00 940.86 20,134.70 4,664.00 10,600.00 1,251.74 242.42 102.41 54.86 31,951.68 CITY OF NIAGARA FALLS MUNICIPAL ACCOU NTS Vendor Name MCLEOD,CRAIG METRO PLUMBING HEATING MEYER,CHRISTEL MICRON INSTALLATIONS LIMITED MICRON INSTALLATIONS LIMITED MINERVINI,DOMENIC MINERVINI,DOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE -MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MITCHELL,LOUIE MODERN LANDFILL INC MODERN LANDFILL INC MONGERI,IRENE M MONTEITI4BROVVN PLANNING CONSULTANTS MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,JOHN MORRISSEY,DENYSE MUNICIPAL HUMAN RESOURCES INC MURACO,MARY NATIONAL CARSTAR COLLISION NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY AND TIRE NIAGARA BL K INC NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOL NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA ECONOMIC DEVELOPMENT CORPORATION 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 PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS BAR ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO AP6200 Cheque No. Cheque Date Purpose 304445 12- Sep -2006 ADMINISTRATIVE 304759 26-Sep -2006 CONTRACT SERVICES 304905 03-Oct -2006 ADMINISTRATIVE 304305 05- Sep -2006 MAINTENANCE AND REPAIRS 304447 12- Sep -2006 MAINTENANCE AND REPAIRS 304306 05- Sep -2006 ADMINISTRATIVE 304760 26- Sep -2006 REFUND 304906 03-Oct-2006 ADMINISTRATIVE 304308 05- Sep -2006 ADMINISTRATIVE 304309 05-Sep-2006 ADMINISTRATIVE 304310 05- Sep -2006 ADMINISTRATIVE 304449 12-Sep-2006 REMITTANCE 304607 19- Sep -2006 REMITTANCE 304608 19- Sep -2006 REMITTANCE 304762 26 -Sep -2006 REMITTANCE 304763 26- Sep -2006 ADMINISTRATIVE 304908 03-Oct-2006 REMITTANCE 304909 03-Oct-2006 REMITTANCE 304910 03- Oct -2006 REMITTANCE 304307 05- Sep -2006 ADMINISTRATIVE 304448 12-Sep-2006 REMITTANCE 304606 19-Sep -2006 REMITTANCE 304761 26- Sep -2006 REMITTANCE 304907 03-Oct -2006 REMITTANCE 304764 26 -Sep -2006 REFUND 304311 05- Sep -2006 CONTRACT SERVICES 304609 19- Sep -2006 CONTRACT SERVICES 304912 03- Oct -2006 REFUND 304450 12-Sep-2006 CONTRACT SERVICES 304610 19 -Sep -2006 CONTRACT SERVICES 304766 26-Sep-2006 CONTRACT SERVICES 304765 26- Sep -2006 CONTRACT SERVICES 304312 05- Sep -2006 ADMINISTRATIVE 304313 05- Sep -2006 ADMINISTRATIVE 304913 03-Oct-2006 ADMINISTRATIVE 304767 26-Sep-2006 ADMINISTRATIVE 304611 19-Sep-2006 MAINTENANCE AND REPAIRS 304612 19-Sep -2006 CONTRACT SERVICES 304768 26- Sep -2006 CONTRACT SERVICES 304769 26- Sep -2006 MATERIALS 304613 19- Sep -2006 MATERIALS 304915 03- Oct -2006 MATERIALS 304770 26-Sep -2006 ADMINISTRATIVE 304451 12- Sep -2008 CONTRACT SERVICES 304916 03-Oct-2006 GRANT 304452 12- Sep -2006 ADMINISTRATIVE 304316 05- Sep -2006 ADMINISTRATIVE 304317 05- Sep -2006 ADMINISTRATIVE 304455 12- Sep -2006 REMITTANCE 304620 19 -Sep -2006. REMITTANCE 304777 26-Sep-2006 REMITTANCE 304923 03-Oct-2006 REMITTANCE 304924 03- Oct -2006 REMITTANCE 304615 19- Sep -2006 REMITTANCE 304616 19- Sep -2006 CONTRACT SERVICES 304772 26 -Sep -2006 REMITTANCE 304773 26- Sep -2006 EQUIPMENT 304363 05-Sep -2006 REFUND Pape 7 Amount 624.56 3,232.99 231.67 3,552.00 1,850.06 308.06 176.66 274.30 4,015.36 57,959.92 109.23 109.23 9,354.33 109.23 109.23 1,100.00 45,051.96 3,305.99 109.23 1,492.20 1,492.20 1,49220 1,492.20 1,492.20 85.00 2,277.34 748.00 750.00 2,387.12 7,369.98 323.74 3,053.22 270.51 88.20 332.84 68.36 656.64 333,340.52 890.40 10,592.02 157.55 275.19 3,497,697.21 1,528.40 21,919.75 5,000.00 4,346.52 2,150.40 2,150.40 2,132.48 2,132.48 2,114.56 4,353.87 400.00 1,786.00 37,711.83 15.00 309.66 ITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Iendor Name NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS TAXI NIAGARA FALLS TAXI NIAGARA FALLS TOURISM 4IAGARA FALLS TOURISM NIAGARA NEWSPAPER GROUP 4IAGARA OCCUPATIONAL HEALTH SERVICES JIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA REGIONAL POLICE SERVICE NIAGARA SAW SALES AND SERVICE NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA SOUND SYSTEMS NIAGARA SOUND SYSTEMS 4IAGARA THIS WEEK NIAGARA TRANSIT NIAGARA WATER CONDITIONING LTD NIAGARA.COM NICOL,DEBBIE VISUS CONSTRUCTION LTD VORJOHN LTD NORM'S SERVICE CENTRE 305677 ONTARIO LTD VORTHSTAR CONSTRUCTION OACAO CONFERENCE 2006 OACETT DMERS DMERS ONTARIO ASSOCIATION OF PROPERTY STANDARDS 3NTARIO CLEAN ALL )NTARIO POWER GENERATION INC ONTARIO REALTY CORPORATION ONTARIO WATER PRODUCTS INC OPTIMIST CLUB DPWA »AGE,BN-L PALUMBO,OHIARINA 'ARKSMART 'ATTERSON,GARY& HAMMOND, MICHEL PENINSULA ABSTRACT .INC 2 ENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PERFORMANCE POWDER COATING FASTENERS LT 'HILIPS ENGINEERING PHILIPS ENGINEERING PINDERS LOCK AND SECURITY PINERIDGE TREE SERVICE LTD Cheque No. Cheque Date Purpose 304364 304453 304454 304617 304618 304774 304775 304776 30491& 304919: 304920 304318 304925 304456 304778 304779 304926 304780 304927 304928 304781 304621 304782 304319 304929 304457 304458 304783 304614 304622 304320 304321 304784 304785 304930 304623 304322 304323 304931 304788 304459 304787 304932 304825 304788 304933 304460 304461 304934 304790 304789 304324 304462 304325 304326 304483 304828 304484 05- Sep -2006 12-Sep -2006 12-Sep -2006 19-Sep -2006 19- Sep -2006 26- Sep -2006 26- Sep -2006 26- Sep -2006 03-Oct -2006 03-Oct-2006 03-Oct -2006 05-Sep -2006 03-Oct -2006 12- Sep -2006 26- Sep -2006 26- Sep -2006 03-Oct-2006 26- Sep -2006 03-Oct -2006 03-Oct -2006 26-Sep -2006 19- Sep -2006 26- Sep -2006 05- Sep -2006 03-Oct-2006 12-Sep -2006 12 -Sep -2006 26-Sep -2006 19- Sep -2006 19- Sep -2006 05-Sep-2006 05- Sep -2006 26- Sep -2006 26- Sep -2008 03-Oct -2006 19- Sep -2006 05- Sep -2006 05- Sep -2006 03-Oct-2006 26-Sep -2006 12- Sep -2006 26-Sep -2006 03-Oct-2006 19- Sep -2006 26- Sep -2006 03-Oct-2006 12-Sep -2006 12- Sep -2006 03-Oct-2006 26-Sep-2006 26-Sep -2006 05-Sep -2006 12-Sep-2006 05-Sep-2006 05-Sep-2006 12- Sep -2006 19-Sep -2006 12-Sep -2006 AP5200 UTILITIES REMITTANCE UTILITIES REMITTANCE UTILITIES CONTRACT SERVICES REMITTANCE UTILITIES CONTRACT SERVICES REMITTANCE UTILITIES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE GRANT ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE GRANT MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REMITTANCE CONTRACT SERVICES LEASES AND RENTS ADMINISTRATIVE MATERIALS GRANT REMITTANCE REFUND REFUND EQUIPMENT REFUND ADMINISTRATIVE MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONTRACT SERVICES Pape 8 Amount 9,507.58 20,902.43 1,281.91 6,447.88 2,183.65 17,788.54 5,099.12 141,466.46 16,000.00 4,966.41 49,867.65 64.20 222.60 70,000.00 82,500.00 3,094.29 723.08 58.90 61,123.92 35.00 134.32 427.50 171.00 693.12 461.70 279.84 250,000.00 154.76 143.58 17.10 3,935.25 84,117.54 202.40 2,040.50 475.00 152.64 401,095.10 23,233.78 150.00 1,691.76 1,971.60 5,000.00 4,504.71 3,500.00 75.00 750.00 200.00 83,968.98 900.00 65.07 424.00 186.18 375.00 114.00 51,571.93 2,628.96 680.35 3,564.78 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION PLATINUM PROMOTIONS INC PLECAS,DARRYL POPPA CORN CORP POTTS,JESSICA PRECISE PARK LINK INC PRESTIGE PORTABLE TOILETS PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL SERVICES PULLANO,MIKE PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R D CONSTRUCTION (NIAGARA) LTD R EPCO. REPCO. REPCO. R V ANDERSON ASSOCIATES LIMITED RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RICHICHI,LINDA RIDGEMOUNT QUARRIES LIMITED RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITEI ROADSIDE RENTALS INC ROCCO,LEE ROCHESTER MIDLAND LIMITED ROCHESTER MIDLAND LIMITED RODGERS,GARY ROGERS WIRELESS INC ROGERS WIRELESS INC RONA ONTARIO INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC ROTARY CLUB OF NIAGARA FALLS RUDACHUK,PHILIP RUDDELL,JESSICA SACCO,FRED SACCO CONSTRUCTION SAFETY TODAY SAFETY TODAY SAFETY TODAY SAFETY TODAY SALCI,TED SALCI,TED SALIT STEEL SAM VISCA ELECTRIC AP5209 Cheque No. Cheque Date Purpoee 304327 05- Sep -2006 CONTRACT SERVICES 304465 12- Sep -2006 CONTRACT SERVICES 304627 19- Sep -2006 MATERIALS 304935 03-Oct-2006 REFUND 304628 19- Sep -2006 MATERIALS 304466 12- Sep -2006 ADMINISTRATIVE 304791 26- Sep -2006 CONTRACT SERVICES 304467 12- Sep -2006 CONTRACT SERVICES 304792 26- Sep -2006 GRANT 304468 12- Sep -2006 CONTRACT SERVICES 304793 26- Sep -2006 CONTRACT SERVICES 304629 19-Sep -2006 REFUND 304329 05-Sep-2006 REMITTANCE 304469 12- Sep -2006 REMITTANCE 304630 19- Sep -2006 REMITTANCE 304936 03-Oct -2006 REMITTANCE 304471 12- Sep -2006 CONTRACT SERVICES 304473 12- Sep -2006 MATERIALS 304797 26- Sep -2006 MATERIALS 304940 03-Oct-2006 MAINTENANCE AND REPAIRS 304379 12- Sep -2006 CONTRACT SERVICES 304470 12- Sep -2006 CONTRACT SERVICES 304631 19-Sep-2006 REMITTANCE 304330 05- Sep -2006 ADMINISTRATIVE 304472 12-Sep -2006 REMITTANCE 304832 19-Sep-2006 REMITTANCE 304794 26- Sep -2006 REMITTANCE 304795 26- Sep -2006 REMITTANCE 304937 03-Oct-2006 REMITTANCE 304938 03-Oct-2008 REMITTANCE 304474 12- Sep -2006 ADMINISTRATIVE 304798 26- Sep -2006 MATERIALS 304941 03-Oct-2006 CONSULTING SERVICES 304475 12-Sep-2008 LEASES AND RENTS 304942 03-Oct-2006 REFUND 304636 19- Sep -2006 MATERIALS 304943 03-Oct-2006 MATERIALS 304478 12- Sep -2006 REMITTANCE 304637 19-Sep-2006 UTILITIES 304799 26- Sep -2006 UTILITIES 304639 19- Sep -2006 MATERIALS 304944 03- Oct -2006 MATERIALS 304333 05-Sep-2006 CONSULTING SERVICES 304477 12- Sep -2006 CONSULTING SERVICES 304638 19-Sep -2006 CONTRACT SERVICES 304478 12- Sep -2006 ADMINISTRATIVE' 304640 19-Sep-2006 ADMINISTRATIVE 304479 12- Sep -2006 ADMINISTRATIVE 304642 19 -Sep -2006 REFUND 304641 19-Sep-2006 MAINTENANCE AND REPAIRS 304480 12-Sep-2006 MATERIALS 304644 19- Sep-2006 MATERIALS 304800 26- Sep -2006 MATERIALS 304945 03-Oct-2006 MATERIALS 304801 26-Sep -2006 ADMINISTRATIVE 304802 26- Sep -2006 ADMINISTRATIVE 304946 03-Oct-2006 MATERIALS 304972 03- Oct -2008 REFLND Pape 9 Amount 2,385.00 30,959.95 1,388.40 775.93 704.87 120.69 1,948.07 1,441.60 21,038.67 404,238.73 265.00 150.00 39.97 58.97 58.10 289.55 3,158.80 92.66 351.17 93.48 9,462.91 23,113.25 1,226.95 169,909.15 159,809.78 155,850.07 115.42 172,747.41 116.47 159,594.86 500.00 193.95 3,258.97 28.50 750.00 51.01 381.76 45.00 194.73 367.03 129.40 89.33 5,052.00 2,351.00 2,521.00 225.00 302.57 297.51 2,000.00 952.94 164.16 68.40 581.13 177.84 1,160.00 527.17 344.73 750.00 :ITY OF NIAGARA FALLS IUNICIPAL ACCOUNTS Vendor Name 3ANDERCOCK,LINDSAY SCARINGI,VITO SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTTLAND PROPERTIES SEALER WORKS SERVICE EXPERTS OF NIAGARA SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHANNON,GREG& SHANNON, MICHELLE SHERWIN WILLIAMS SHRED IT KITCHENER SICO INC SILO INC SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLISTIC LINES INC SIRIANNI,SAM SLEE,CATHY SLEE,CATHY SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIA SQBOX SOLUTIONS LTD STAR COLLISION SERVICE STEED EVANS LIMITED STELEM STOKES INTERNATIONAL STRANGES,TOM STRATEGY CORP STREAMLINE SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIORPROPANE INC TB TARCZY,TARA TAYLOR,ROBERT TD CANADA TRUST TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBIUTY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERANET INC THE BIRKS COMPANY THE BUDGE GROUP THE DRAFTING CLINIC CANADA LTD TIE, GREENFIELD GROUP LTD THE JACKET CELLAR THE MCMASTER MEDICAL STUDENT COUNCIL THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD Cheque No. Cheque Date Purpose 304481 304482 304239 304334 304369 304515 304648 304947 304804 304335 304336 304337 304484 304948 304805 304649 304806 304949 304338 304650 304339 304486 304651 304487 304807 304488 304489 304490 304652 304808 304341 304833 304653 304654 304855 304491 304656 304857 304492 304810 304951 304494 304495 304658 304811 304343 304496 304497 304498 304812 304952 304344 304953 304500 304501 304954 304502 304659 12- Sep -2006 12- Sep -2006 05- Sep -2006 05-Sep -2006 07-Sep -2006 12- Sep -2006 19- Sep -2006 03-Oct-2006 26 -Sep -2006 05- Sep -2006 05- Sep -2006 05-Sep -2006 12-Sep -2006 03-Oct-2006 26-Sep -2006 19- Sep -2006 26- Sep -2006 03-Oct-2006 05- Sep -2006 19-Sep -2006 05- Sep -2006 12- Sep -2006 19-Sep-2006 12- Sep -2006 26- Sep -2006 12 -Sep -2006 12- Sep -2006 12- Sep -2006 19-Sep-2006 26-Sep -2006 05- Sep -2006 27- Sep -2008 19- Sep -2006 19 -Sep -2006 19- Sep -2006 12- Sep -2006 19- Sep -2006 19- Sep -2008 12- Sep -2006 26- Sep -2006 03-Oct-2006 12- Sep -2006 12-Sep -2006 19- Sep -2006 26- Sep -2006 05- Sep -2006 12- Sep -2006 12- Sep -2006 12 -Sep -2006 26-Sep-2006 03-Oct -2006 05- Sep -2006 03- Oct -2006 12-Sep -2006 12- Sep -2006 03- Oct -2006 12-Sep-2006 19- Sep -2006 APS200 ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MAINTENANCE AND REPAIRS CONTRACT SERVICES MAINTENANCE AND REPAIRS CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS REFUND REFUND ADMINISTRATIVE REMITTANCE CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REMITTANCE CONTRACT SERVICES MAINTENANCE: ANDREPAIRS REMITTANCE MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND ADMINISTRATIVE UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS ADMINISTRATIVE EQUIPMENT CONTRACT SERVICES MATERIALS DONATION MATERIALS MATERIALS MATERIALS MATERIALS Pape 10 Amount 185.68 179.35 125,564.69 45,141.43 641.12 1,021.95 2,631.32 131.44 2,177.24 710.49 178.65 6,963.14 3,573.79 750.00 153.96 68.90 355.03 1,980.87 15,552.38 1,149.12 387.60 1,544.57 136.61 197.50 197.50 70.00 1,166.00 250.80 131,756.43 340.17 4,818.75 450.00 12,720.00 296.40 254,625.96 2,223.41 465.78 142.66 74.40 100.00 638.00 3,110.48 9,311.89 612.97 267.86 456.00 7,453.42 10,000.00 28,706.88 53.00 55,683.30 7,647.83 188.10 3,000.00 820.50 479.24 150.48 191.52 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 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 REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE SCOT GROUP TIME FX INTL TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOWNSHIP OF WAINFLEET TREASURE HOUSE IMPORTS LTD TREVOR P GARWOOD -JONES ARCHITECT INC TRI CITY CURB CUTTING INC TROW ASSOCIATES INC UAP INC #963 UAP INC #963 UDELL,STEVEN UNISTRUT CENTRAL UNITED WAY UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VAIL,TIM VANCOR SUPPLY VANDEN BUSSCHE IRRIGATION WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALTERS ROBERT A WASTE MANAGEMENT WATKINSON,LAURIE WATSON ASSOCIATES ECONOMISTS LTD WEIR FOULDS WESCO DISTRIBUTION CANADA INC WHEELER,SUE WILCOX BODIES LTD WILLETT,WAYNE WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILUAM W K WRIGHT,DON 304955 304238 304331 304366 304368 304633 304634 304635 304796 304939 304345 304503 304346 304813 304814 304660 304956 304504 304661 304662 304347 304348 304958 304815 304816 304817 304818 304863 304959 304349 304664 304819 304960 304667 304820 304665 304350 304353 304868 304822 304352 304506 304821 304961 304964 304354 304356 304965 304507 304669 304823 304508 304824 304357 304825 304826 304966 304510 03-Oct -2006 01- Sep -2006 05- Sep -2006 06-Sep -2006 06- Sep -2006 19- Sep -2006 19- Sep -2006 19- Sep -2006 26- Sep -2006 03-Oct-2006 05- Sep -2006 12- Sep -2006 05- Sep -2006 26- Sep -2006 26- Sep -2006 19-Sep -2006 03-Oct -2006 12- Sep -2006 19-Sep -2006 19- Sep -2006 05-Sep -2006 05- Sep -2006 03-Oct-2006 26- Sep -2006 28- Sep -2006 26- Sep -2006 26- Sep -2006 19-Sep-2006 03-Oct-2008 05- Sep -2006 19- Sep -2006 26- Sep -2006 03-Oct-2006 19-Sep -2006 26- Sep -2006 19- Sep -2006 05-Sep -2006 05- Sep -2006 19- Sep -2006 26- Sep -2006 05-Sep -2006 12-Sep -2006 28-Sep-2006 03-Oct-2006 03-Oct-2006 05-Sep-2006 05- Sep -2006 03-Oct-2006 12- Sep -2006 19-Sep -2006 26- Sep -2006 12-Sep -2006 26-Sep -2006 05- Sep -2006 26- Sep -2006 26-Sep-2006 03-Oct-2006 12- Sep -2006 AP 5200 Cheque No. Cheque Date Purpose SUPPLIES ADMINISTRATIVE REMITTANCE MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE MATERIALS CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND MATERIALS REMITTANCE DONATION CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES CONSULTING SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND EQUIPMENT REMITTANCE ADMINISTRATIVE GRANT GRANT CONTRACT SERVICES REFUND Pape 11 Amount 102.60 405,528.00 2,300.00 7,832.50 15,946.83 1,623,078.29 1,200.00 753.97 245.81 262,006.41 6,295.61 750.00 300.96 13,238.00 3,016.06 11,429.14 350.00 2,899.10 3,268.42 722.15 1,378.00 289.08 46.11 91.19 329.78 1,281.00 75.00 1,558.36 4,866.99 1,351.34 8,284.37 2,504.25 14,470.24 18,259.46 281.51 1,246.14 292.11 10.97 92.85 21.94 2,777.09 2,734.06 3,484.33 2,014.27 750.00 49.22 25.50 2,820.10 1,617.56 236.39 300.00 75,388.56 197.57 65.00 31,866.68 2,083.33 2,475.00 750.00 :ITY OF NIAGARA FALLS rAUNICIPAL ACCOUNTS Vendor Name WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES ZAMBONI COMPANY LTD Cheque No. Cheque Date Purpose 304509 304827 304358 304359 304670 304828 304967 304968 304511 304360 304512 304513 304361 304829 304830 304969 304970 304514 304831 304971 12- Sep -2006 26- Sep -2006 05-Sep -2006 05- Sep -2006 19-Sep -2006 26- Sep -2006 03-Oct -2006 03-Oct -2006 12- Sep -2006 05- Sep -2006 12-Sep -2006 12-Sep -2006 05-Sep -2006 26-Sep -2006 26- Sep -2006 03-Oct-2006 03-Oct -2006 12- Sep -2006 26-Sep -2006 03-Oct -2006 AP5200 Pape 12 MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS GRANT MATERIALS Total: Amount 27,673.33 43,874.06 31,825.73 662.98 19,619.08 31,191.56 531.20 242.34 19.41 668.36 437.25 28.41 1,531.36 320.00 1,972.67 3,100.50 3,291.56 330.84 5,181.83 1,031.01 19,492,994.16 Niagara Falls The City of Canada Community Services Department MW- 2006 -116 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members: Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovic @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario BACKGROUND: RECOMMENDATION: October 16, 2006 Re: MW -2006 -116 Contract 2006 173 -06 Construction Inspection Services Mechanic Street /Keller Street Road and Services Reconstruction That the Consulting Services Agreement with Denco Engineering Ltd. be amended to include the provision of inspection services on this project for an upset limit of $11,340.00, excluding GST to be funded from the Watermain Replacement Program, Sewer Reserves, Capital Holding and cost shared with the Niagara Region. Council has authorized staff to enter into a Consulting Services Agreement with Denco Engineering Ltd., to provide consulting engineering services for this reconstruction project. Due to the present number of capital and current projects in the construction phase, City inspection staff is not available to provide construction inspection on this project. Therefore, due to their familiarity with the project design, it is recommended that Denco Engineering Ltd. be retained to complete the inspection for this project as they will be familiar with the anticipated construction issues. Financing: The estimated costs for this project is $347,600.00. Account #12- 3- 310052 -03000 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 16, 2006 2 MW- 2006 -116 Funding: Funding for this project is as follows: $111,500.00 26,230.00 $1 37,730.00 72,140.00 Council's concurrence with the recommendation would be appreciated. Rick Volpini, Project Manager Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Niagara Region (to be confirmed) Watermain Replacement Program Sewer Reserves Capital Holding Respectfully submitted: John MacDonald Chief Administrative Officer S:\REPORTS\2006 Reports\MW- 2006 -116 Mechanic Keller Road Services Reconstruction.wpd Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -119 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 October 16, 2006 Re: MW- 2006 -119 Consultant Appointment Garner Southwest Sanitary Sewer and Pumping Station Design 1 In accordance with the City's Consultant Selection Policy, that the City ofNiagara Falls enter into a Consulting Services Agreement with Associated Engineering (Ont.) Ltd. for the design of a pumping station, gravity and forcemain sanitary collection system to service the Garner Southwest sewer shed for the upset limit of $273,192.00 excluding GST. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. In 2005, the City commissioned an Environment Assessment Study (EA) to look at the possible options of providing a sanitary collection system to the Garner Southwest area. The results of the EA showed four different options for servicing the area in order to allow development to continue in the subject area. A preferred alternative was selected that would prove to be the viable and cost effective approach to servicing the area allowing a phased in serving approach to be accomplished based on market demands. In September, 2006 the City tendered a request for proposal (RFP) to obtain proposals on the detailed design as determined by the EA document. Four consulting Engineering Firms were invited to submit proposals being, Kerry T. Howe Engineering, Totten Sims Hubicki Associates, Associated Engineering Ltd. and R.V. Anderson Associates. The consultants were rated using the City's RFP rating system which takes various aspects into Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 16, 2006 2 MW- 2006 -119 consideration, such as engineering methodology, past performance, quality assurance and cost. Once the rating was complete the consultants ranked as follows: 1. Associated Engineering Ltd. 2. Totten Sims Hubicki Associates 3. R.V. Anderson Associates 4. Kerry T. Howe Engineering Through the consultant selection process Associated Engineering has been selected as the Consulting Engineers of choice for the subject project. Associated Engineering has performed many similar projects in the past for both Municipalities and the Region. We, are therefore, of the opinion that this consultant is capable of successfully undertaking this project. The design and completion of the subject project will provide an increased service to the local development community. There has been much interest shown by landowners in the sewershed to develop their land once the proper conveyance system is in place. Development Charges have been allotted to fund the subject project. Preliminary scheduling for the project (in -part) would have construction beginning in the summer of 2007 and completion by late 2007 /early 2008 (phase #1 and #2). The funding source for this project is identified in the 2006 Capital Budget as follows: Consultant Cost: Funding: Garner South Sewer Area- Garner /Southwest G/L #12- 3- 410009- 030000 Council's concurrence with this report would be appreciated. Prepared by: Frank Tassone, C.E.T. Project Manager Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works 273,192.00 273,192.00 Respectfully submitted: John MacDonald Chief Administrative Officer S:\REPORTS\2006 Reports\MW- 2006 -119 Consultant Appointment Garner Southwest Sanitary.wpd Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: BACKGROUND: Community Services Department MW- 2006 -120 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 October 16, 2006 Re: MW- 2006 -120 Downtown Huron Street Opening Environmental Assessment Consultant Selection 1) Totten Sims Hubicki be hired to complete an Environmental Assessment for the Huron Street Opening identifying the preferred road alignment that will meet technical criteria, as well as taking into consideration the goals and objectives of the Downtown Community Improvement Plan and the Strategic Implementation Plan; and, 2) That the Mayor and Clerk be authorized to execute the necessary agreements. This is further to Council's adoption of the "Downtown Strategic Implementation Plan (SIP) and Moving Forward Costs" (PD- 2006 -34 May 8, 2006). One of the recommendations approved was to "prepare the necessary Environmental Assessment documents for the eastern/western gateways and Huron Street which will explore alternatives and resolve issues Thus, staff has prepared a Terms of Reference for the Environmental Assessment for the Huron Street Opening, and invited consultants to submit a proposal. Three consultants submitted proposals; Urban Environmental Management (UEM), Delcan, and Totten Sims Hubicki (TSH). A summary of the proposal costs are as follows: Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 16, 2006 2 MW- 2006 -120 Consultant Cost (Excluding GST) Delean 76,013.00 UEM 79,585.00 TSH 94,010.00 The proposals were evaluated by a committee comprised of municipal Engineering, Traffic Parking and Planning staff. The proposals were based on the following criteria: Experience and Qualifications Strength of the proposed Project Team Quality of the proposed approach to the scope of work Ability to successfully complete the project Response Characteristics Proposal Cost The Team recommends that Totten Sims Hubicki be hired to provide the consulting services for this project, at a cost of 94,010.00. The comprehensive proposal submitted by TSH excelled in the strength and diversity of TSH's project team and their understanding of the project. Team members include not only engineering and urban planning staff, but also include experts in specialized fields in land economics, landscaping, built heritage and culture, anthropology, noise and safety. Experts in these areas will provide essential information to ensure that an assessment of the natural, social and economic environments are all considered during the Environmental Assessment process. As the successful completion of this project within a designated timeline is of critical importance, the rating committee concluded that this may best be achieved through a diversified and multifaceted team. Totten Sims Hubicki's submitted cost as shown are not low bid. However, by deducting the costs for the specialized experts, a necessary component to the success of the project, their bid would represent the median bid. The expense for the additional staff as provided by TSH is also reflected in additional person -hours expended by the project team. Thus, taking this information into account, TSH is also financially competitive. Totten Sims Hubicki has previously completed Environmental Assessments and complex transportation planning projects within Niagara Falls, the Niagara Region and throughout Ontario. They have a broad knowledge of overlapping issues within the municipality that is considered to be valuable. Thus, the rating committee is of the opinion that TSH is fully capable of undertaking this project. Financing: The estimated amount for the project was 100,000.00. The actual project cost is 94,010.00 Funding: 12 -3- 310051- 030000 -5 100% October 16, 2006 The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. Manager of Traffic Parking Services Approved by: Ed Dujlovic, P.Eng. Director of Municipal Work 3 John MacDonald Chief Administrative Officer M.Carrick S: \TPS\TPS 1.00 Administration \TPS 1.06 Reports\2006 Council \10 Oct 16\MW- 2006 -120 Huron Street Opening EA.wpd MW- 2006 -120 Niagara Falls The City of Canada Community Services Department R- 2006 -29 Parks, Recreation Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2006 Members: Re: R- 2006 -29 Arts Culture Wall of Fame Induction Ceremony RECOMMENDATION: 2 That the Wall of Fame be located at Niagara Square, Winner's Mall Entrance; BACKGROUND: Denyse Morrissey Director 1. That the revisions to the Policy and Procedures to govern the Arts Culture Committee's Wall of Fame be approved; 3. That eleven inductees be approved for the Wall of Fame Inaugural Induction Ceremony to be held Saturday, November 4, 2006, at 10:00 a.m. At the May 8` Council Meeting, Council approved the Arts Culture Committee's new initiative to provide an Arts Culture Wall of Fame (R- 2006 -17). The Committee's Wall of Fame Policy governs the procedures for the nomination process. The attached Policy includes two revisions; Page 3, number 3: "Up to twelve (12)" inductees, instead of six (6), be chosen for the initial launch. Page 3, number 6. g): An "8" x 10 instead of 5" x 7 colour or black and white professional quality photo of the Nominee. The Arts Culture Committee researched the best location for the Wall of Fame and found the newly renovated wing at Niagara Square to be the most suitable. The Niagara Square management, as well as their tenants, are very excited about this partnership and are working with the Committee to provide a venue that celebrates the many outstanding arts and cultural accomplishments of Niagara Falls' past and present citizens. The public was invited to nominate potential Inductees to the Wall of Fame. The categories are Artists /Works of Art, Community Builder and Community Sponsor. A positive response was received and the Committee felt that, as 2006 is the inaugural year for the Induction Ceremony, it would be fitting to induct more than six people to the Wall. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 16, 2006 2 R- 2006 -29 The eleven recommended inductees are as follows: John Burtniak Frances Corfield Hilda Danks R. Nathaniel Dett Frank H. Leslie John Petrella Brett Polegato Helen Waimel Robertson Ann Speedie Samuel Thomas Doreen Walker The Arts Culture Wall of Fame Induction Ceremony will take place at Niagara Square, Winners Mall Entrance at 10:00 a.m. The public is welcome to attend. Prepared by: Cynthia A. Roberts Manager of Cemeteries Operations Planning Recommended by: P; I ji4' Deny e Morrissey Director of Parks, Recreation Culture Respectfully submitted: Attachment S: \Council \Council 2006\R- 2006 -29 Arts Culture Wall of Fame Induction Ceremony .wpd John MacDonald Chief Administrative Officer DEPARTMENT: PARKS, RECREATION CULTURE DATE EFFECTED: May 8, 2006 Revised: October 16, 2006 POLICY: Policy and Procedures of the Arts Culture Wall of Fame Purpose: The Arts Culture Committee's Purpose is to foster, develop and unite artistic and cultural activities in the community. Through an Arts Culture Wall of Fame initiative the community will have the opportunity to celebrate the many outstanding accomplishments of its past and present citizens, as well as the works of art that reflect the best of Niagara Falls. Objectives: POLICY SECTION: Page 1 of 3 1. to serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. to ensure that both past and present residents receive due recognition for their artistic and cultural contributions; 3. to ensure that works of art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. Governance: PROCEDURES 1. Wall of Fame Nomination Forms are available for public nomination through the Arts Culture Committee's web page: www.niagarafallsartscene.com or at the Parks, Recreation Culture office at the MacBain Community Centre. Completed Nomination Forms will be accepted throughout the year. 2. The deadline for nominations is July 30 of each year. Nominations received after this date will be considered as a nomination for the following year's Wall of Fame induction. 3. Depending upon the Nominee, the Awards Sub Committee may call upon specialists in the appropriate field to assist in the selection. 4. Nominations approved by the Awards Sub Committee shall be forwarded to the Arts Culture Committee for final approval at the September meeting. 5. Nominees elected by the Arts Culture Committee shall be publicly presented in November at a date and time determined by the Committee. 6. There shall be no publicity as to the proposed nominees or voting at anytime. The only names released to the public shall be those elected to the Wall of Fame at a date determined by the Awards Sub Committee. SECTION: Page 2 of 3 7. No current member of the Arts Culture Committee can be installed on the Wall of Fame. Conduct of Wall of Fame Meetings 1. Wall of Fame meetings will be the responsibility of the Awards Sub Committee and shall be held as necessary to adequately deal with the business of the Wall of Fame and to examine public input respecting Nominees. 2. When dealing with nominations to the Wall of Fame, meetings of the Awards Sub Committee shall be held in camera. 3. Members of the Awards Sub Committee are disqualified from submitting Nominees to the Wall of Fame. 4. Three (3) members of the Awards Sub Committee shall constitute a quorum for the transaction of business. A Parks, Recreation Culture Staff will sit on the Sub Committee in an advisory position. 5. Awards Sub Committee Members will state a conflict of interest in advance of the meeting and remove themselves from discussion and voting for the particular Nominee in question. Nominee Selection 1. There shall be three (3) categories of induction: a) Community Builder: an individual who has made outstanding contributions to the community's arts and culture, for an extensive period of time. b) Artists/Works of Art: an individual or form of art who /that has been recognized for their /its outstanding contribution or has brought significant recognition to Niagara Falls. c) Community Sponsors: An individual, business or organization that has made a significant contribution, in the form of financial or services in kind, to the enhancement of arts and culture in the community. 2. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) Outstanding achievement in their artistic or cultural field b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. c) A person must have resided in Niagara Falls for an extensive period of time. SECTION: Page 3 of 3 d) Community Sponsors must have a minimum of five (5) years of significant contribution 3. Up to twelve (12) inductees will be chosen for the initial launch to take place in November 2006. Up to six (6) inductees per year may be inducted in November of each following year. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year. 4. Inductees receiving recognition on the Wall of Fame will also be showcased on the "Virtual Wall of Fame" on the Arts Culture Committee's web page. 5. Inductees will receive a personal plaque that will state their name, category and year of induction. 6. Each nomination must be submitted in writing on the appropriate Nomination Form and contain, but not be limited to, the following: a) Nominator's name, address, telephone, and email address; b) A brief biography of the Nominee that includes date and place of birth; c) Details of the Nominee's awards or recognition; d) Number of years the Nominee resided in Niagara Falls; e) The nominator's relationship with the Nominee; f) The Nominee's approval (family representative or agent, if Nominee is deceased); g) A 8" x 10", colour or black and white, professional quality photo of the Nominee. 7. The nomination form must be properly and completely filled out with all the information requested. Incomplete forms will be sent back to the Nominator and may not be eligible for the current year's consideration. 8. Further information may be required by the Awards Sub Committee to evaluate the Nominee's candidacy. The Nominator or other sources will be contacted/researched to assist in this endeavour. 9. Nominees who are eligible for induction but are not selected will be kept on file for future consideration for a period of five (5) years. All Nomination Forms, applicable documentation and photos will become the property of the Niagara Falls Arts Culture Committee and therefore not returned to the Nominator unless specifically requested to do so. Care Maintenance of the Wall of Fame 1. The Awards Sub Committee will determine the appropriate care and maintenance of the Wall of Fame in consultation with the Parks, Recreation Culture Staff and the venue operators. 2. Parks, Recreation Culture Staff shall maintain an archive composed of an information file on each Nomination and Inductee. The information will be gathered by the Awards Sub Committee for deposit in the Wall of Fame Archive. The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS- 2006 -09 Staffing Plan Phase 4 RECOMMENDATION: That Council approve the addition of five (5) firefighters to the complement of firefighters. BACKGROUND: Community Services Department FS- 2006 -09 Fire Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: pburke @city.niagarafalls.on.ca October 16, 2006 industry standards for response capability related to critical tasks; unique make -up of the City and its accompanying risks; Occupational Health and Safety Guidelines for the fire service; outline of critical tasks; Niagara Falls Hi -Rise Manual and Operational Guideline; and proposed minimal staffing levels per vehicle. Patrick Burke Fire Chief November 2002, Council approved, in principle, a four -phase staffing plan for Fire Services. In the first phase Council approved six (6) additional firefighters for 2003 and in the second phase there was approval for eight (8) additional firefighters. The staffing plan identified eight (8) additional firefighters for 2005 and five (5) additional firefighters for 2006. The 2006 Budget made provision for five (5) additional firefighters to be hired at the end of December 2006. The report from 2002 provided an extensive background as the basis for the recommendation. That background included: Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 16 2006 2 FS- 2006 -09 The entire staffing plan is directed at bringing the on -duty full -time staffing levels up to the point that the Niagara Falls Fire Services could deploy the necessary resources to begin critical operations in the event of a fire or other major incident at our highest risk occupancies. The plan pre- supposes that where there is a fire or major incident at one of these high risk occupancies, it will require substantially more resources in support of the initial response crews. Off -duty full -time firefighters, volunteer firefighters and possibly mutual aid from within the region will be required to effectively provide for the required operations at such an incident. The staffing premise is based upon deployment for initial set up and attack, but not for prolonged operations. It is recommended that Council approve the continuation of the staffing plan. Pre ared and Recommended by: Patrick Burke Fire Chief spectfully submitted: John MacDonald Chief Administrative Officer A by -law to adopt a mark, symbol or design for the Fire Services Crest for The Corporation of the City of Niagara Falls. WHEREAS Niagara Falls City Council approved the change to the Fire Services Crest. WHEREAS to make the Fire Services Crest official it is necessary for the municipality to request the Registrar to give public notice, in accordance with the provisions of Section 9(1)(N)(iii) of the Trade -Marks Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the mark, symbol or design depicted and shown in Schedule "A" attached hereto and forming part of this by -law is hereby adopted as the official Fire Services Crest for The Corporation of the City of Niagara Falls. Passed this sixteenth day of October, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006 October 16, 2006 October 16, 2006 CITY OF NIAGARA FALLS By -law No. 2006 SCHEDULE If A by -law to authorize the execution of an Agreement ofPurchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale between Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen In Right Of Ontario As Represented By The Minister Of Public Infrastructure Renewal and The Corporation of the City of Niagara Falls for Part of Township of Stamford Lots 155 and 164 being Part 1 on Reference Plan 59R- 13157; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixteenth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006. October 16, 2006. October 16, 2006. CITY OF NIAGARA FALLS By -law No. 2006 BETWEEN: ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL RECITALS: Her Majesty the Queen in Right of Ontario as represented by the Minister of Public Infrastructure Renewal (the "Owner") is the owner in fee simple of the property defined as the "Property" in section 1(w) of this Agreement. Ontario Realty Corporation "ORC confirms that it is the designated agent of the Owner and has the authority to exercise all rights of the Minister of Public Infrastructure Renewal pursuant to subsections 6(1) and 8(5) of the Ministry of Government Services Act, R.S.O. 1990, c. M.25, and the express written delegation from the Owner, dated September 29, 2002, and that both the Owner and ORC are and shall be bound by all the Vendor's covenants, representations and warranties as provided herein. The Property consists of corridor land transferred to Her Majesty the Queen in Right of Ontario pursuant to section 114.2 of the Electricity Act, 1998 as amended and is subject to the statutory right provided by section 114.5 of the said Act. The Purchaser has offered to purchase the Property from the Vendor and the Vendor has agreed to sell the Property to the Purchaser on the terms and conditions hereinafter set forth. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties hereto agree as follows: DEFINITIONS 1. As used in this Agreement, the following terms shall have the following meanings: (a) "Agreement" means this agreement, all Schedules attached hereto and every properly executed instrument which by its terms amends, modifies or supplements this agreement. (b) "As Is Where Is" has the meaning ascribed to it in section 5(1) of this Agreement. Niagara Falls 634 -1721 AGREEMENT OF PURCHASE AND SALE OPERATIONAL LAND SALES (hereinafter called the "Vendor") and THE CITY OF NIAGARA FALLS (hereinafter called the "Purchaser D (c) "Authority" means any governmental authority, quasi- governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Property as defined herein, or the use thereof. Niagara Faits 634 -1721 (d) "Buildings" means any existing structure(s), fixtures (save and except tenant's fixtures and fittings) and facilities located on the Lands, including all heating, ventilation, plumbing, electrical and mechanical systems and related components and equipment comprising a part thereof. (e) "Business Day" means any day on which the Government of Ontario normally conducts business. (f) "Class EA" means the Class Environmental Assessment Process for ORC Realty Activities as approved, amended, or renewed from time to time by the Minister of the Environment pursuant to section 14 of the Environmental Assessment Act, R.S.Q. 1990, c. E.18. "Contaminant" has, for the purposes of this Agreement, the same meaning as that contained in the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and shall include the -requirements of any and all guidelines and/or policies issued by the Ontario Ministry of the Environment and/or the Ministry of Labour. (h) "Date of Acceptance" means the date the ORC Board of Directors approves and accepts this Agreement. (i) "Date of Closing" means the day which is ten (10) Business Days following i) the date that the Purchaser waives or satisfies its condition(s) contained in section 5 of this Agreement, or ii) the date that the Vendor fulfills its condition(s) contained in section 6 of this Agreement, whichever date is the later date or any extension thereof pursuant to the terms of this Agreement. (j) "Date of Completion" of this Agreement is the date provided. in Section 10(5). (g) (k) "Deposit" means the deposits provided for in sections 2(1)(a) and 2(1)(b) of this Agreement. (1) "Environmental Law" includes, but is not limited to all applicable federal and provincial statutes, municipal and local laws, common law, and deed restrictions, all statutes, by -laws, regulations, codes, licences, permits, orders, directors, guidelines, decisions rendered by any Authority relating to the protection of the environment, natural resources, occupational health and safety or the manufacture, processing, distribution, use, treatment, storage, disposal, packaging, transport, handling, containment, clean -up or other remediation or corrective action of any Hazardous Substance. (m) "GS.T." has the meaning ascribed to it in section 3(1) of this Agreement. (n) "Hazardous Substance" includes, but is not limited to any hazardous or toxic chemical, waste, .by- product, pollutant, contaminant, compound, product or substance, including without limitation, any Contaminant, asbestos, polychlorinated biphenyls, petroleum and its derivatives, by- products or other hydrocarbons and any other U quid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of, which is prohibited, controlled or regulated by any and is defined -in or pursuant to any Environmental. Law. (o) "Information Package" means any package provided by ORC to the Purchaser containing copies of the Property Documents and other infot relating to the Property. 3 2. Niagara Falls 634 -1721 (p) "Inspection Period" means that period of time which is thirty (30) days following the date the Vendor notifies the Purchaser that the approval of the Lieutenant Governor in Council has been obtained as provided for in section 6(2)(a) of this Agreement. (q) "Lands" means the land(s) described in Schedule "A" to this Agreement. (r) "Land Use Regulations" means any land use policies, regulations, by -laws, or plans of any Authority that apply to the use of the Property including the existing Official Plans, zoning by -laws and zoning orders. (s) "Municipality" means the municipality (or municipalities) where the Property is located. :(t) "ORC" means Ontario Realty Corporation. (u) "Owner" means Her Majesty the Queen in Right of Ontario as represented by the Minister of Public Infrastructure Renewal. (v) "Permitted Encumbrances" means the statutory right applicable to corridor land pursuant to section 114.5 of the Electricity Act, 1998 as amended, the pre- existing rights or interests in the corridor land pursuant to section 114.4 of the said Act, the rights of Hydro One Telecom Inc. pursuant to a Transfer and Grant of Easement Agreement dated April 1, 1999 and the encumbrances listed in Schedule "B" to this Agreement. (w) "Property" means collectively the Lands, the Buildings, if any, and the Property Documents. (x) "Property Documents" means documents in ORC's current possession related to the Property as set out in Schedule "C" and may include: (i) plans, specifications and drawings for the Buildings, including architectural, structural and mechanical drawings, plans, specifications, test results from engineers, architects and others relating to the Property and related materials; (ii) executed copies of any Tenancy Agreements, assignable service contracts, operating agreements and management agreements; (iii) copies of assignable guarantees and warranties of materials, workmanship, labour and materials relating to the Property that are still in effect; (y) (iv) copies of building inspection reports, environmental reports, heritage reports and archaeological reports; and (v) any plan of survey of the boundaries of the Property. "Purchase Price" means the total amount as set out in section 2(1) that shall be paid by the Purchaser to the Vendor for the Property, exclusive of G.S.T. and subject to the adjustments specified in section 16 of this Agreement. (z) "Vendor" means the Owner and/or ORC. 3- PAYMENT OF PURCHASE PRICE 2(1) Under this Agreement, the Vendor agrees to sell to the Purchaser and the Purchaser agrees to purchase from the Vendor the Property for the Purchase Price of Ninteen Thousand and Fifty ($19,050.00) Canadian dollars, payable by the Purchaser to the Vendor's solicitor in trust, by certified cheque or bank draft as follows: (a) a sum equal to five (5%) percent of the Purchase Price (the "First Deposit upon the submission of this offer to purchase, as a deposit to be credited towards the Purchase Price on the Date of Completion; and (b) a further sum equal to five (5 percent of the Purchase Price (the "Second Deposit within forty -eight (48) hours of notification by the Vendor to the Purchaser that this offer to purchase has been accepted by the Board of Directors of ORC as a further deposit to be credited towards the Purchase Price on the Date of Completion; and (c) the balance of the Purchase Price, subject to the adjustments set out in section 16, on the Date of Completion. 2(2) The First Deposit and the Second Deposit together shall form the Deposit. Where the Deposit exceeds $100,000.00, the parties authorize and direct the Vendor's solicitor to invest the Deposit with a Canadian bank as identified in Schedule I of the Bank Act, R.S., 1991, c. B.46 (Canada) in a term or certificate of deposit (such investment to be available to the Vendor's solicitor through its trust account bank and which investment allows liquidation of the investment as necessary for the anticipated Date of Completion or earlier termination of this Agreement as herein provided). Any and all interest earned thereon shall accrue to the benefit of and be paid to the Purchaser forthwith on the Date of Closing or earlier termination of this Agreement provided that in the event that this Agreement is terminated due to a specific default by the Purchaser, the Vendor shall be entitled to retain the Deposit and all interest, if any, earned thereon as liquidated damages, in addition to any other remedies available to the Vendor pursuant to this Agreement and at law. GOODS AND SERVICES TAX 3(1) The Purchase Price of the Property does not include the federal Goods and Services Tax "G.S.T. payable by the Purchaser in respect of the purchase of the Property pursuant to the Excise Tax Act, R.S. 1985, c. E.15 (Canada) (the "Act Subject to section 3(2) below, the Purchaser agrees to pay to the Vendor, on the Date of Completion, as a condition of completion of this transaction by certified cheque or bank draft, all G.S.T. payable as a result of this transaction in accordance with the Act. 3(2) Notwithstanding section 3(1) above, the Vendor shall not collect G.S.T. from the Purchaser in this transaction if the Purchaser is registered under the Act and in that event, the Purchaser shall file returns and remit such G.S.T. to the Receiver General for Canada when and to the extent required by the Act. The Purchaser shall provide to the Vendor, prior to the Date of Completion, a statutory declaration confirming that the Purchaser is registered under the Act for the purposes of collecting and remitting G.S.T., and confirming its G.S.T. registration number under the Act, together with an indemnity in favour of the Vendor for any costs or expenses payable by the Vendor as a result of the Vendor's failure to collect G.S.T. from the Purchaser on the Date of Completion, such statutory declaration and indemnity to be in a form satisfactory to the Vendor's solicitor, acting reasonably. 3(3) The Purchaser's obligations under this section 3 shall survive closing. Niagara Falls 634 -1721 4. 5. LAND TRANSFER TAX AND FEES 4. The Purchaser shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the transfer /deed of the Property. PURCHASER'S CONDITION, INSPECTION PERIOD, "AS IS WHERE IS" CONDITION AND INDEMNITY 5(1) The Purchaser shall accept, assume and take title to the Property and any improvements thereon in an "As Is Where Is" condition. The term "As Is Where Is" means in its condition or state on the date of this Agreement without any agreement, representation or warranty of any kind, either express or implied on the part of the Vendor, as to the state of title, the condition of the soil, the subsoil, the ground and surface water or any other environmental matters, the condition of the Lands or the condition of the Buildings, if any, or any other matter respecting the Property whatsoever, including without limitation, compliance with all laws including but not limited to Environmental Law, the existence of any Hazardous Substance or Contaminant, or the use to which the Property may be put and its zoning. Without limiting the foregoing, it is understood that the Purchaser accepts, assumes and takes title to the Property subject to the land uses currently permitted on the Property by the applicable Land Use Regulations and the Purchaser shall not make and is not authorized by the Vendor to make, prior to completion of this transaction, any applications to the Municipality or any Authority for changes or variances to the uses currently permitted on the Property including, without Iimitation, changes or variances to official plans and/or zoning by -laws applicable to the Property. 5(2) During the Inspection Period, the Purchaser shall carry out whatever investigations it considers necessary to satisfy itself with respect to the condition of the soil, the subsoil, the ground and surface water or any other environmental matter relating to the Property including, without limitation, compliance with Environmental Law and the existence of any Hazardous Substance or Contaminant. If as a result of such investigations the Purchaser has or acquires evidence within the Inspection Period that there exists a condition of non compliance with Environmental Law or the existence of a Hazardous Substance or Contaminant on the Property that would be in excess of the guidelines for any of the permitted uses under the current zoning by -law affecting the Property, the risk or existence of which the Purchaser is not prepared to assume, then the Purchaser shall provide such evidence to the Vendor within the Inspection Period by way of a report of a recognized and qualified environmental consultant who shall specify in detail the nature of the non compliance and quantify the remediation cost and the Vendor shall have the following options: (a) to undertake to correct the matter of non compliance prior to the Date of Closing or as soon as possible after the Date of Completion if compliance prior to closing is not reasonably possible; (b) to allow the Purchaser the 'quantified cost of correcting the matter of non- compliance as an adjustment in which event the Purchaser will assume the obligation and undertake to correct the matter of non compliance as soon as possible after the Date of Completion; (c) to terminate this Agreement in which event the Deposit shall be returned to the Purchaser with accrued interest, if any; or (d) to refuse to do either (a), _(b), or (c) in which event the Purchaser shall have the option of completing the transaction without adjustment to the Purchase Price or terminating this Agreement in which event the Deposit shall be returned to the Purchaser with accrued interest, if any. Niagara Falls 634 -1721 1 j 6. The Vendor shall have ten (10) days from receipt of the report from the recognized and qualified environmental consultant to make its election under (a), (b), (c) or (d) in writing to the Purchaser and in the event the Vendor fails to make an election within said ten (10) day period, the Vendor will be deemed to have elected option (d) in which event the Purchaser shall have ten (10) days from the date of the Vendor's election or deemed election under (d) to elect to terminate or complete as per paragraph (d) and in the event the Purchaser fails to make an election within said ten (10) day period the Purchaser shall be deemed to have elected to complete the transaction without adjustment to the Purchase Price. 5(3) The Vendor grants to the Purchaser the right to enter upon the Property during the Inspection Period at its own risk and to conduct such investigations, tests and inquiries at its own expense as the Purchaser deems necessary in this regard, provided the Purchaser takes all reasonable care in the conduct of such investigations, tests and inquiries. The Vendor assumes no responsibility for and the Purchaser shall indemnify and save harmless the Vendor from and against any and all claims, demands, costs, damages, expenses and liabilities whatsoever arising from its and/or its agents' or consultants' presence on the Property or its and/or its agents' or consultants' activities on or in connection with the Property. 5(4) The Purchaser shall be entitled to a maximum of three (3) inspections of the Property during the Inspection Period provided that the Purchaser provides the Vendor with a minimum of three (3) Business Days' notice. 5(5) In the event that the Vendor has provided the Purchaser with any report regarding the condition of the Property, it is agreed that the Vendor makes no representations or warranties with respect to the completeness or accuracy of such report(s) and shall not be liable to the Purchaser, its agents, employees or lending institution in any way for any omission or inaccuracy contained therein. The Purchaser covenants and agrees that any and all reports provided by the Vendor or obtained by the Purchaser and the information contained therein are strictly confidential and the Purchaser represents and warrants that neither the Purchaser, its employees, agents, consultants, or lending institution, all of whom shall be bound by the same confidentiality obligations, will release the report(s) or any of the information contained therein to any other individual, or corporation or to any federal, provincial, or municipal agency, institution or any other Authority, other than such disclosure as is necessary to permit proper evaluation of the Property by the Purchaser's lending institution, without the express written consent of the Vendor, and the Purchaser shall refuse all requests for such report(s) or information in the absence of the Vendor's express written consent, unless compelled to do so by any competent judicial or administrative Authority. If this Agreement is terminated for any reason, the Purchaser will return to the Vendor all reports and Property Documents without keeping copies. The Purchaser shall deliver to the Vendor forthwith following receipt, copies of any and all environmental or other reports the Purchaser commissions or obtains during the course of its investigations. 5(6) In the absence of the Purchaser delivering a waiver of the Purchaser's conditions or in the event of this Agreement not being terminated as herein provided, the Purchaser shall be conclusively deemed to have waived all requisitions concerning any matters relating to the Property, save for any valid requisition on title made within the Inspection Period, and the Purchaser shall accept full responsibility for all conditions related to the Property, and the Purchaser shall comply with all orders relating to the condition of the Property issued by any competent government Authority, court or administrative tribunal, including any order issued against the Vendor including without limitation, any non- compliance with Environmental Law or relating to the existence of any Hazardous Substance or Contaminant. Niagara Falls 634 -1721 7. 5(7) The Purchaser shall be responsible for and hereby indemnifies and saves harmless the Vendor and its employees, directors, officers, appointees and agents from any costs,"; including legal and witness costs, claims, demands, civil actions, prosecutions, o? administrative hearings, fines, judgments, awards, including awards of costs, that may arise as a result of (a) the condition of the Property, (b) any order issued by any competent governmental Authority in connection with the condition of the Property, or (c) any loss, damage, or injury caused either directly or indirectly as a result of the condition of the Property including, without limitation, non compliance with Environmental Law or the existence of any Hazardous Substance or Contaminant or (d) any order, award, direction, payment, cost or other expense loss or liability constituting incremental costs as such term is used in Part IX.1 of the Electricity Act, 1998 as amended from time to time, and (e) the Purchaser's failure to comply with any obligations of the owner of the Property as contained in the Permitted Encumbrances. 5(8) This section 5 shall not merge but shall survive the Date of Completion and shall be a continuing obligation of the Purchaser. 5(9) The conditions set forth above in subsection 5(2) have been inserted for the sole benefit of the Purchaser and may be waived by the Purchaser at any time prior to the expiration of the Inspection Period. VENDOR'S CONDITIONS 6(1)(a) This Agreement is subject to the conditions set forth in subsections 6(2) and 6(3) hereof which have been inserted for the sole benefit of the Vendor and may be waived by the Vendor in its sole discretion, or by its solicitors on its behalf. The conditions are conditions precedent to the obligation of the Vendor to complete this Agreement on the Date of Completion. (b) If a condition is not fulfilled within the applicable time period, if any, and the Vendor fails to notify the Purchaser or the Purchaser's solicitors that such condition has been waived or the time period for compliance has been extended within the applicable time period allowed, if any, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations, and, neither the Vendor nor the Purchaser shall be liable to the other for any loss, costs or damages, and the Deposit shall be returned to the Purchaser with interest, if any, and without deduction. 6(2)(a) Within ninety (90) days from the Date of Acceptance, the Vendor shall have obtained the approval of the Lieutenant Governor -in- Council pursuant to subsection 8(5) of the Ministry of Government Services Act, R.S.O. 1990, c. M.25 for the sale of the Property to the Purchaser, which approval the Purchaser acknowledges may be arbitrarily and unreasonably withheld and the Vendor shall notify the Purchaser if and when such approval is obtained, and the date of such notification if obtained shall be the date of commencement of the Inspection Period. (b) The Purchaser agrees that should the Vendor be unable to satisfy this condition within said ninety (90) day period, then the Vendor may, at its option and in its sole discretion, extend this time period for an additional ninety (90) days by notice in writing to the Purchaser within the initial ninety (90) day period. 6(3) The Vendor shall undertake or has undertaken such actions and measures as it deems necessary to comply with the requirements of the Environmental Assessment Act, R.S.O. 1990, c.E. 18 and the Class EA in each such case as they apply to the Property and the transaction contemplated by this Agreement (collectively, the "Environmental Requirements Notwithstanding any other provision of this Agreement, the completion of such transaction is subject to continuing compliance to the Date of Completion with all such Environmental Requirements and in the event that prior to the Date of Completion: Niagara Falls 634 -1721 RISK (a) any governing Authority makes or issues any order or directive pursuant to the Environmental Requirements that necessitates that the Vendor, in addition to the actions and measures taken aforesaid, take other or different actions or measures to comply with the Environmental Requirements (including, without limitation, an order or directive requiring the Vendor to comply with Part 11 of the Environmentall Assessment Act); or (b) the Vendor receives any notice or communication from any such governmental or public authority that it is considering whether to make or issue any such order or directive; or (c) a written request has been made to the Minister of the Environment, of which the Vendor has notice, that other or different measures be taken to comply with the Environmental Requirements; then the Vendor may, at its option and in its sole discretion, extend the Date of Completion for at least an additional thirty (30) days by notice in writing to the Purchaser during which time the Vendor shall: (d) determine if the request in subsection (c) above has been satisfied or has been refused; (e) comply with such order or directive (as the same may be modified or withdrawn) at its own expense, in which event it may extend the Date of Completion up to (but no more than) three times, for a further thirty (30) days each (for a maximum of ninety (90) days in the aggregate); or terminate this Agreement by written notice to the Purchaser, in which case this Agreement shall be null and void and of no further force or effect and the Deposit and any interest accrued thereon shall be returned to the Purchaser and neither party shall be further liable to the other pursuant to this Agreement. (f) 7. Until completion of this Agreement on the Date of Completion, the Property shall be and remain at the risk of the Vendor, except as otherwise provided in section 5. The Purchaser acknowledges that the Vendor, in respect of damage to the Property, is self insured. In the event of damage to the Property on or before the Date of Completion, the Vendor may elect (i) to repair the Property to the same state and condition as it was in at the time this Agreement was entered into in which event the Purchaser will complete the transaction without an abatement in the Purchase Price; or (ii) to reduce the Purchase Price by an amount equal to the cost required to complete the repair as estimated by an independent qualified architect or engineer retained by the Vendor acting reasonably and at arms length in which event the Purchaser will complete the transaction and accept a price reduction equal to such cost, or (iii) to terminate this Agreement in which case the Deposit shall be immediately returned to the Purchaser, with interest, if any, and without deduction, and neither party shall have any further rights or obligations hereunder. VENDOR'S WARRANTIES, REPRESENTATIONS AND COVENANTS 8(1) The Vendor warrants and represents to the Purchaser that the Vendor is not a non- resident of Canada within the meaning and intended purpose of section 116 of the Income Tax Act, R.S.C. 19701 c.I.5(Canada). 8(2) The Information Package, if any, provided by the Vendor or its agents, and any comments made by the Vendor, its employees, officers, directors, appointees, agents or consultants are for the assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations or warranties as to, and takes no responsibility for, the accuracy or completeness of any of the information it has provided to the Purchaser. Niagara Falls 634 -1721 8. PURCHASER'S WARRANTIES, REPRESENTATIONS AND COVENANTS 9(1) The Purchaser warrants and represents to the Vendor and hereby declares that the Purchaser does not have a conflict of interest with the Owner or ORC or with any of their respective directors, officers, appointees, employees or agents. The Purchaser agrees to provide a Statutory Declaration in the form attached hereto as Schedule "D" at the time of execution by the Purchaser of this Agreement. The Purchaser acknowledges that in the event that the information upon which the Statutory Declaration was provided has changed, the Purchaser shall inform the Vendor of such change up to and including the Date of Completion. 9(2) The Vendor shall deliver and the Purchaser shall accept vacant possession of the Lands and Buildings on the Date of Completion in an As Is Where Is condition, subject to the Permitted Encumbrances. 9(3) As of the Date of Completion, the Purchaser shall assume and be responsible as owner for the management and administration of the Property and the Vendor shall have no further responsibility whatsoever therefor. 9(4) Without limiting the generality of the foregoing, the Purchaser shall comply with the terms of and assume the obligations of the Owner under the Permitted Encumbrances as they relate to the Property, any agreement entered into by the Vendor with any Authority relating to the Property, all other agreements relating to public utilities and municipal services, the Land Use Regulations, all relevant municipal by -laws and all registered restrictions. The Purchaser further agrees and acknowledges that it shall assume and be bound by any contractual or other obligations which the Vendor may have entered into concerning the Property prior to the Date of Acceptance. 9(5) On the Date of Completion, the Purchaser will execute and deliver an Assignment, Assumption and Indemnity in the Vendor's standard form accepting, assuming and indemnifying the Vendor with respect to all such matters referred to in this section 9. SEVERANCE 10(1) The Purchaser acknowledges that if the Lands abut other lands owned by the Vendor then a consent to a severance under section 50 of the Planning Act, R.S.O., 1990, c. P.13 or satisfactory evidence of other compliance with the said Act, is required "Consent 10(2) The Purchaser acknowledges that, although the Vendor is entitled to rely on the provincial crown exemption in section 50(3)(c) of the Planning Act from the requirement to obtain such a Consent, the Vendor will not exercise its right to use such exemption unless requested to do so by the local municipal corporation in the absence of which the Vendor will be required to proceed by way of obtaining a Consent from the relevant Municipality. If necessary, the Vendor shall proceed with diligence to obtain such Consent at the sole cost and expense of the Purchaser, which costs shall include all application fees, legal fees and disbursements, and all costs and expenses in connection with satisfying and/or complying with any conditions imposed as a condition of Consent (the "Conditions If so requested by the Vendor, the Purchaser shall cooperate with the Vendor in the application for Consent by attending at any hearings and making submissions, and/or executing any documents required as a condition of obtaining such Consent. 10(3) Notwithstanding the foregoing, if, after preliminary discussions with the Planning and Building Department of the relevant Municipality, the Vendor is of the opinion it will not be requested to use its provincial crown exemption or that the Consent would not be granted, the Vendor shall be entitled to terminate this Agreement and the Deposit shall be returned to the Purchaser without deduction and with interest, if any, and neither party shall have any further obligation to the other respecting this Agreement. 10(4) If approval by the appropriate body is not given or, if approval is given but Conditions are attached which the Vendor in its absolute discretion is not prepared to satisfy, or if approval is given, but is appealed and the Vendor is not prepared to defend such appeal, then the Vendor may, by notice in writing to the Purchaser, terminate this Agreement, Niagara FaIis 634 -1721 9. Niagara Falls 634 -1721 and the Deposit shall be returned to the Purchaser without deduction and with interest, if any, and neither party shall have any further obligation to the other respecting this Agreement. 10(5) In the absence of delivery of notice of termination by the Vendors described in section 10(3) or 10(4), this Agreement shall be completed on the later of: (a) (b) the Date of Closing. five (5) days after notice is given by the Vendor to the Purchaser that the Consent is final and binding, if no Conditions have been imposed; or (c) five (5) days after notice is given by the Vendor to the Purchaser that the Conditions have been satisfied, if Conditions have been imposed. 10(6) Notwithstanding the foregoing, this Agreement may be terminated by the Vendor if the Consent is not final and binding, or if any Conditions which have been imposed have not been satisfied, within one hundred and eighty (180) days after the Date of Acceptance of this Agreement by the Board of Directors of ORC (the "Initial Period If the Consent is not final and binding, or if any Conditions imposed have not been satisfied, by such date, the Vendor may, at any time up to ten (10) days following the expiration of the Initial Period, or each extended time period, as the case may be, extend the time on one or more occasions to obtain the Consent in final and binding form, or to satisfy any Conditions imposed, as the case may be, for further periods of time chosen by the Vendor, provided that the total number of days of extension do not exceed three hundred and sixty -five (365) days after the Date of Acceptance (the "Extended Period upon notice to the Purchaser. If the Consent is not final and binding, or if all Conditions have not been satisfied by the expiration of the Extended Period, this Agreement shall automatically be terminated and the Deposit shall be returned to the Purchaser without deduction and with interest, if any, and neither party shall have any further obligation to the other respecting this Agreement. 10(7) The parties acknowledge that the Vendor shall not be obligated to appeal any refusal to grant the Consent to the severance, or any Conditions imposed, by the Committee of Adjustment or Land Division Committee, or to defend any appeal to the Ontario Municipal Board of an approval but may, in its sole and unfettered discretion, be entitled to do so. 10(8) Evidence of Consent shall be in the form of: (a) a letter from the Municipality's Planning and Building Department requesting the Vendor to exercise its provincial crown exemption set out in subsection 50(3)(c) of the PlanningAct; or (b) a resolution of the Council of the Municipality requesting that the Vendor exercise its provincial crown exemption set out in subsection 50(3)(c) of the Planning Act, or (c) a final unconditional Consent of the Committee of Adjustment or Land Division Committee for the Municipality authorizing the transaction, which is not subject to further ap or (d) a final Order of the Ontario Municipal Board (if necessary or sought) confirming approval of the necessary Consent, if one has been obtained, which is not subject to further 10. TITLE rate of por acrd for <a acres, more or loss. Tho Purchase Price shall bo 12(1) The Purchaser shall have the Inspection Period to investigate title to the Property at the Purchaser's expense. The Purchaser agrees not to call for the production of any title deed, abstract, survey or other evidence of title to the Lands except such as are in the possession of the Vendor. 12(2) On the Date of Completion, the Purchaser shall accept title to the Property in an As Is Where Is condition subject to the following: (a) all registered and unregistered agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Lands; (b) any encroachments that are shown on existing surveys or as may be revealed by an up -to -date survey; (c) the Land Use Regulations; (d) the Tenancy Agreements, if any; (e) all other Permitted Encumbrances. The Purchaser agrees to satisfy itself with respect to compliance with all such agreements, easements, restrictions or covenants, encumbrances and regulations referred to herein and agrees that the Vendor shall not be required to provide any evidence of compliance with same. 12(3) If, within the specified time allowed for examining title to the Lands, the Purchaser furnishes the Vendor in writing with a valid objection to title which the Vendor is unwilling or unable to remove, remedy and satisfy and which the Purchaser will not waive, this Agreement shall be terminated notwithstanding any intermediate acts or negotiations with respect to such objection, the Deposit shall be returned to the Purchaser with interest, if any, and without deduction and the Vendor shall not be liable for any costs or damages suffered by the Purchaser arising out of such termination or otherwise out of this Agreement. 12(4) The Vendor hereby consents to the relevant Municipality releasing to the Purchaser any information in its records in connection with the Property and the Vendor agrees to execute and deliver such necessary authorizations as the Purchaser may reasonably require in this regard but any such authorization shall specifically prohibit the right of or a request for an inspection of the Property by the Municipality. NQ ASSIGNMENT 13(1) The Purchaser shall not assign or register this Agreement, or any assignment of this Agreement, or any part of either, or register a caution in relation thereto, without Niagara Falls 634-1721 1 1. TENDER Niagara Falts 634 -1721 12. obtaining the prior written consent of the Vendor, which consent may be arbitrarily and unreasonably withheld. Notwithstanding the foregoing, the Purchaser may, upon prior written notice to the Vendor, assign this Agreement to an affiliate as defined in the Business Corporations Act, R.S.O. 1990, c. B.16 but the Purchaser shall not be relieved of any of its liabilities or obligations hereunder in the event of any such assignment to an affiliate. 13(2) If the Vendor consents to an assignment of this Agreement to a third party or the Purchaser assigns this Agreement to an affiliate (the "Assignee the Purchaser shall cause the Assignee and the Purchaser, to covenant in writing in favour of the Vendor to be jointly and severally bound by and to jointly and severally perform their respective obligations of this Agreement. The Purchaser shall not be released from its liabilities and obligations hereunder in the event of an assignment to an Assignee. 13(3) In the event of any assignment of this Agreement to an affiliate or a third party, such Assignee shall provide a similar representation, warranty and Statutory Declaration as required of the Purchaser in section 9(1). PREPARATION OF TRANSFER/DEED DOCUMENTS AND LEGAL FEES 14(1) The Transfer/Deed of the Lands will be prepared by the Vendor, except for the Affidavit of Residence and Value of the Consideration "Land Transfer Tax Affidavit which will be prepared by the Purchaser. The Purchaser shall pay its own legal costs, registration costs, and all Iand transfer tax payable. 14(2) All legal costs incurred by the Vendor, inclusive of disbursements, as they pertain to the subject Agreement and completion of the transaction of purchase and sale shall be paid by the Purchaser. Such costs shall be treated as an adjustment to the Purchase Price in accordance with section 16 of this Agreement. 15. Any tender of money or documents pursuant to this Agreement may be made on the Vendor or the Purchaser or their respective solicitors. Money must be tendered in Canadian funds by bank draft or negotiable cheque certified by a Canadian chartered bank, trust company, credit union or Province of Ontario Savings Office. ADJUSTMENTS 16(1) Adjustments between the Vendor and the Purchaser shall be made on the Date of Closing for taxes, local improvement rates, utility costs, rents, legal costs,: any other costs or expenses payable by the Purchaser hereunder, and other matters or items which are ordinarily the subject of adjustment. Such adjustments shall be made on the basis that the Date of Completion shall be for the Vendor's account. ELECTRONIC REGISTRATION 16(2) Any adjustments that cannot be determined on the Date of Completion shall be determined by the parties as soon after the Date of Completion as is reasonably possible. Any amounts payable by one party to the other, as determined by the parties, acting reasonably, shall be paid within ten (10) days of the request for such payment. Upon completion, the Vendor and the Purchaser shall exchange undertakings to re- adjust the foregoing items, if necessary. 17. Where the Property is in an area where electronic registration is mandatory and the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c. L and the Electronic Registration Act, S.O. 1991, c.-44, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the exchange of closing funds, non- registerable documents and other closing deliverables provided for herein and the release thereof to the Vendor and Purchaser will: (a) not occur at the same time as the registration of the transfer /deed (and any other documents intended to be registered in connection with the completion of this transaction); and (b) be subject to conditions whereby the lawyer(s) receiving any of the closing deliverables will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers, the form of which is as recommended from time tc time by the Law Society of Upper Canada. CLOSING DELIVERABLES 18(1) The Vendor covenants that it will deliver to the Purchaser on or before the Date of Completion, each of the following: (a) possession of the Property, in an As Is Where Is condition, subject to any other rights of others as set out in the Permitted Encumbrances; (b) an Assignment of all Tenancy Agreements; (c) an executed Transfer/Deed -of Land in registerable form duly executed by the Vendor in favour of the Purchaser (save for any Land Transfer Tax Affidavit); (d) an undertaking to re- adjust the statement of adjustments, if necessary, upon written demand; (e) a direction regarding the payment of funds; (f) statement of adjustments; and 18(2) The Purchaser covenants that it will deliver to the Vendor on or before the Date of Completion: Niagara Falls 6341721 (g) such other deeds, conveyances and other documents as the Purchaser or its solicitors may reasonably require in order to implement the intent of this Agreement. (a) a certified cheque or bank draft for the balance of the Purchase Price due on the Date of Closing; (b) a direction as to title, if necessary; (c) an undertaking to re- adjust the statement of adjustments, if necessary, upon written demand; (d) G.S.T. Declaration and Indemnity, if applicable referred to in section 3; (e) Statutory Declaration referred to in Schedule "D (f) an Assignment, Assumption and Indemnity with respect to all the matters in section 9, in the form prepared by the Vendor's solicitor; such other deeds, conveyances resolutions and other documents as the Vendor or its solicitors may reasonably require in order to implement the intent of this Agreement; (g) (h) Document Registration Agreement as set out in Schedule "E and (i) Acknowledgement and Direction as set out in Schedule "F'. 13. NOTICE 19. Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or electronic facsimile machine addressed to the Purchaser at: Niagara Falls 634 -1721 THE CITY OF NIAGARA FALLS P.O. BOX 1023 4310 QUEEN STREET NIAGARA FALLS, ON L2E 6X5 Attention: Geoff Holman Telephone: Facsimile: and to the Purchaser's solicitor at: Attention: Telephone: Facsimile: and to the Vendor at: c/o Ontario Realty Corporation Real Estate Marketing 11th Floor, Ferguson Block 77 Wellesley Street West Toronto, Ontario, M7A 2G3 Attention: Telephone: Facsimile: and to the Vendor's solicitor at: Attention: Telephone: Facsimile: or at such other addresses as the Vendor and the Purchaser may designate from time to time. Any such notice shall be conclusively deemed to have been given and received upon the same day if personally delivered or sent by facsimile or, if mailed, three (3) Business Days after the same is mailed. Any party may, at any time by notice given in writing to the other party, change the address for service of notice on it. 14. GENERAL 15. 20. Time shall in all respects be of the essence of this Agreement, provided that the time for doing or completing any matter provided for in this Agreement may be extended or abridged by an agreement in writing, signed by the Vendor and the Purchaser or by art agreement between their respective solicitors who are hereby expressly authorized in this regard. 21. This Agreement shall be binding upon, and enuge to the benefit of, the Vendor and the Purchaser and their respective successors and permitted assigns. The Vendor and the Purchaser acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Vendor and the Purchaser under this Agreement (collectively, the "Obligations shall not merge on the completion of this transaction, but shall survive completion and remain in full force and effect and binding upon the parties, save and except as may be otherwise expressly provided for in this Agreement. 22. Whenever the singular is used in this Agreement, it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. 23. This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property. 24. This Agreement and the rights and obligations of the Vendor and the Purchaser shall be determined in accordance with the laws of the Province of Ontario. 25. The Vendor and Purchaser agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The Purchaser acknowledges that this Agreement and any information or documents that are provided to- the Vendor may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 26. The Purchaser agrees to ensure that the Purchaser, its partners, directors, officers, employees, agents, sub contractors, volunteers and its financial institution shall maintain the confidentiality and security of all material and information which is the property of the Vendor and in the possession or under the control of the Purchaser pursuant to this Agreement. The Purchaser agrees to ensure that the Purchaser, its partners, directors, employees, agents, sub contractors, volunteers and financial institution shall not directly or indirectly disclose or use, either during or following the term of this Agreement, except where required by law, any material or information belonging to the Vendor pursuant to this Agreement, without first obtaining the written consent of the Vendor for such disclosure or use and in the event of termination of this Agreement, the Purchaser will be responsible for returning all such documentation and information to the Vendor without making copies. IRREVOCABLE PERIOD 27. Signature of this Agreement by the Purchaser and the submission thereof to the Vendor constitutes an offer under seal, which is irrevocable for thirty (30) days from the date it is submitted to ORC and open for acceptance °by the Board of Directors of ORC during said thirty (30) day period, subject to an extension for a further period up to thirty (30) days at the sole discretion of the Vendor. This offer, once accepted on the Date of Acceptance, constitutes a binding contract of purchase and sale. This offer may be made and accepted by facsimile transmission, including facsimile signature provided that the original hard copy, with original signatures is receivedby both parties within seven (7) days of the facsimile acceptance. The Purchaser, in submitting this offer, acknowledges that there has been no promise or representation or assurance given to the Purchaser that any of the terms and conditions in this offer are or will be acceptable to the Board of Directors of Niagara Falls 634-1721 ORC. PARTICIPATION AGREEMENT 28. It is the express intention of the Vendor and the Purchaser that there shalt be no speculation with respect to all or any portion of the Property. In the event of a bona fide arms length sale or proposed sale of the Property by the Purchaser or any affiliated company of the Purchaser as that term is defined in the Business Corporations Act, R.S.O. 1990, c.B. 16, at any time within twenty (20) years from the Date of Closing at the option of the Vendor, the Vendor shall have the right to 100% of any Profit as defined below shall be paid to the Vendor and the amount of such Profit shall be a charge on the Property in favour of the Vendor until paid. "Base Amount" means the Purchase Price. "Sale Price" means: The value in lawful money of Canada of all consideration and benefit paid or agreed to be paid for the Property by a bona fide purchaser dealing at arm's length with the Purchaser (or the Purchaser's heirs, administrators, successors or assigns including the value of all chattels situate thereon which are then owned by the Purchaser and which are intended to pass on such sale transaction and the value of any encumbrances or mortgages assumed by the purchaser or taken back as part of the consideration for such sale transaction, less the aggregate of the following: Niagara Falls 634 -1721 (a) the cumulative total of any and all capital improvements to the Property (as determined in accordance with generally accepted accounting principles) made by the Purchaser to the Property from and after the Date of Closing; (b) any real estate commission payable by the Purchaser in disposing of the Property to such a bona fide purchaser in an amount not to exceed the then current industry practice; and (c) reasonable legal and accounting fees payable by the Purchaser in disposing of the Property. "Profit" means the amount by which the Sale Price exceeds the Base Amount. 16. OFFERED BY the Purchaser this day of 2006 Niagara Faits 6341721 THE CITY OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: UWe have the authority to bind the Corporation ACCEPTED BY the Vendor this day of 2006. ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Per: Name: Title: Authorized Signing Officer 17. Niagara Falls 634 -1721 Schedule "A" LEGAL DESCRIPTION OF LANDS Part of Lots 155 and 164 Geographic Township of Stamford Now in the City of Niagara Falls, Regional Municipality of Niagara Designated as Parts 1, Plan 59R -13157 k_%Vi r g I gff y F NINTH wilt! 11 1 41gli i P.; 0t z 0 if 8' PI Si r t 1 PARKSIDE ROAD GARNER ROAD o$ 5 E 0 0 (a) General Encumbrances: Niagara Facts 634 -1721 Schedule `B" PERMITTED ENCUMBRANCES a. the Lease, if any. a. the Tenancy Agreements, if any, (for greater certainty including expired leases registered against title to the Property) and any notices of such leases registered on title to the Property, including all easements, rights of way, restrictions, restrictive covenants, servitudes and other similar rights in land contained in the leases, which exist as of the Date of Closing and any Ieasehold mortgages or security interests relating to tenants or the tenants' interest in respect thereof and which do not encumber the interest of the landlord thereunder; b. Liens for real property taxes (which term includes charges, rates and assessments) or charges for electricity, power, gas, water and other services and utilities in connection with the Property or for construction in connection with the Property for amounts the payment of which is not yet due or delinquent; c. easements, rights of way, restrictions, building schemes, licences, restrictive covenants and servitudes, rights of access or user, airport zoning regulations and other similar rights in land (including, without limitation, rights of way and servitudes for sewers, drains, gas and water mains, electrical power, telephone and cable conduits, poles, wires or cables) granted to, reserved or taken by any person which do not, in the aggregate, materially and adversely impair the use or marketability of any of the Property for the purposes for which it is presently held, and any rights reserved or vested in any Authority or public or private utility by the terms of any lease, licence, franchise, grant, agreement or permit, subdivision, development, servicing, encroachment, site plan, parking or other similar agreement with any Authority or public or private utility; d. title defects or irregularities which do not, in the aggregate, materially and adversely impair the use or marketability of the Property for the purpose for which it is presently held; e. cost sharing, common use, reciprocal or other similar agreements relating to the use and/or operation of the Property and/or adjoining properties and all security given by the parties thereto to each other to secure their respective obligations thereunder; f. any subsisting reservations, limitations, provisos, conditions or exceptions, including royalties, contained in the original grant of the Property from the Crown; g. any rights of expropriation, access or use, or any other right conferred or reserved by or in any statute of Canada or the Province of Ontario; h. the provisions of all applicable law including by -laws, regulations, ordinances, land use contracts, development agreements and similar instruments relating (without limitation) to development, use and zoning; i. encroachments by any improvements on the Property over adjoining lands and easements or rights of way and/or any improvements on adjoining lands encroaching on the Property which do not materially and adversely affect the use or marketability of the Property; j. any claim for lien which although registered, or of which notice has been given, relates solely to work done by or on behalf of a Tenant under a Tenancy Agreement, so long as the Vendor has not assumed payment of such work. (b) Specific Encumbrances: Niagara Falls 634 -1721 I. The Lease (if any); 2. The following Tenancy Agreements: (list leases and licences affecting the Property to be assumed by the Purchaser). 3. (Add specific list of any encumbrances disclosed by solicitor's title report). 20. Niagara Falls 634-1721 Schedule "C" PROPERTY DOCUMENTS Schedule "D" STATUTORY DECLARATION Canada IN THE MATTER OF THE TITLE TO Province of Ontario Part of Lots 155 and 164, Geo graphic Township of Stamford, now City of Niagara Falls designated as Part 1, Plan 59R-13157 AND IN THE MA'rIER OF A SALE THEREOF from ONTARIO REALTY CORPORATION/HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE TO WTI' RENEWAL (the "Vendor to: The CITY OF NIAGARA FALLS (the "Purchaser of the in the Province of Ontario, DO SOLEMNLY DECLARE, that: 1. I am the {title of THE CITY OF NIAGARA FALLS {name of Purchaser), the Purchaser in the above captioned transaction and as such have knowledge of the matters hereinafter declared. 2. THE CITY OF NIAGARA FALLS {name of Purchaser} and ONTARIO REALTY CORPORATION are arms lengths parties and The CITY OF NIAGARA FALLS {name of Purchaser} has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not arms lengths parties. 3. THE CITY OF NIAGARA FALLS {name of Purchaser} and HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL are arms lengths parties and The CITY OF NIAGARA FALLS {name of Purchaser) has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not arms lengths parties. 4. There are no outstanding legal disputes or actions between the Vendor and Purchaser. 5. THE CITY OF NIAGARA FALLS {name of Purchaser} is not in conflict with ONTARIO REALTY CORPORATION (or any of its employees) to the above transaction. 6. THE CITY OF NIAGARA FALLS {name of Purchaser} is not in conflict with HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL (or any of its employees) to the above transaction. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED by the above -named Declarant, before me at the of this day of 2006. A Commissioner, etc. Niagara Falls 634 -1721 BETWEEN: AND: RE: Hdding Deliveries In Escrow Advising of Concerns with Deliveries Selecting Solicitor Responsible for Registration Responsibility of Non Registering Solicitor Niagara Falls 634 -1721 Schedule "E" DOCUMENT REGISTRATION AGREEMENT (hereinafter referred to as the "Purchaser's Solicitor (hereinafter referred to as the "Vendor's Solicitor (the "Purchaser purchase from (the "Vendor of (the `Property pursuant to an agreement of purchase and sale dated as amended from time to time (the "Purchase Agreement scheduled to be completed on (the "Closing Date FOR GOOD AND VALUABLE CONSIDERATION (the receipt and sufficiency of which is hereby expressly acknowledged), the parties hereto hereby undertake and agree as follows: I. The Vendor's Solicitor and the Purchaser's Solicitor shall hold all funds and closing documentation exchanged between them (the "Requisite Deliveries in escrow, and shall not release or otherwise deal with same except in accordance with the terms of this Agreement. Both the Vendor's Solicitor and the Purchaser's Solicitor have been authorized by their respective clients to enter into this agreement. 2. Each of the parties hereto shall notify the other as soon as reasonably possible following their respective receipt of the Requisite Deliveries (as applicable) of any defect(s) with respect to same. 3. The Purchaser's Solicitor shall be responsible for the registration of the Electronic Documents (as hereinafter defined) unless the box set out below indicating that the Vendor's Solicitor will be responsible for such registration has been checked. For the purposes of this Agreement, the solicitor responsible for such registration shall be referred to as the "Registering Solicitor" and the other solicitor shall be referred to as the "Non- Registering Solicitor": Vendor's Solicitor will be registering the Electronic Documents 4. The Non Registering Solicitor shall, upon his/her receipt and approval of the Requisite Deliveries (as applicable), electronically release for registration the Electronic Documents and shall thereafter be entitled to release the Requisite Deliveries from escrow forthwith following the earlier of: a). the receipt from the Registering Solicitor of notice of the registration particulars of the Electronic Documents; or b) the closing time specified in the Purchase Agreement unless a specific time has been inserted as follows( a.m. /p.m. on the Closing Date] (the "Release Deadline"), and provided that notice under paragraph 6 below has not been received. If the Purchase Agreement does not specify a closing time and a Release Deadline has not been specifically inserted the Release Deadline shall be 6.00 p.m. on the Closing Date. Responsibility of Registering Solicitor Returning Deliveries where Non registration Counterparts Gender Purchase Agreement Prevails If Conflict or Inconsistency Telefaxing Deliveries Providing Originals if Requested Dated this day of 20 (Signature) 5. The Registering Solicitor shall, subject to paragraph 6 below, on the Closing Date, following his/her receipt and approval of the Requisite Deliveries (as applicable), register the documents listed in Schedule "A" annexed hereto (referred to in this agreement as the "Electronic Documents in the stated order of priority therein set out, as soon as reasonably possible once same have been released for registration by the Non- Registering Solicitor, and immediately thereafter notify the Non Registering Solicitor of the registration particulars thereof by telephone or telefax (or other method as agreed between the parties), whereupon the Non- Registering Solicitor and the Registering Solicitor shall be entitled to forthwith release the Requisite Deliveries from escrow. 6. Any of the parties hereto may, prior to the Release Deadline, notify the other party that he/she does not wish to proceed with the registration' of the Electronic Documents, and provided that such notice is received by the Registering Solicitor before the registration of the Electronic Documents, then each of the parties hereto shall forthwith return to the other party their respective Requisite Deliveries. 7. This agreement may be signed in counterparts, and shall be read with all changes of gender and/or number as may be required by the context. 8. Nothing contained in this agreement shall be read or construed as altering the respective rights and obligations of the Purchaser and the Vendor as more particularly set out in the Purchase Agreement, and in the event of any conflict or inconsistency between the provisions of this agreement and the Purchase Agreement, then the latter shall prevail. 9. This agreement (or any counterpart hereof), and any of the closing documents hereinbefore contemplated, may be exchanged by telefax or similar system reproducing the original, provided that all such documents have been properly executed by the appropriate parties. The party transmitting any such document(s) shall also provide the original executed version(s) of same to the recipient within 2 business days after the Closing Date, unless the recipient has indicated that he /she does not require such original copies. Name/Firm Name of Vendor's Solicitor Name/Firm Name of Purchaser's Solicitor Name of Person Signing Name of Person Signing (Signature) Note: This version of the Document Registration Agreement was adopted by the Joint LSUC -CBAO Committee on Electronic Registration of Title Documents on March 28, 2001. t For the purpose of this Agreement, the term "registration" shall mean the issuance of registration number(s) in respect of the Electronic Documents by the appropriate Land Registry Office. Niagara Falls 634 -1721 TO: RE: This will confirm that: 1. 2. 3. [Family Law Act statement where required) jORJ Niagara Falls 634 -1721 Schedule "F" ACKNOWLEDGEMENT AND DIRECTION (insert brief description of transaction) The undersigned (has) have reviewed the information set out in the draft document(s) attached, and that this information is accurate; You are authorized and directed to register or cause to be registered electronically on behalf of the undersigned the following document(s): as well as any other document(s) required to complete the transaction described above; You are authorized to amend the above- described documents as required in order to complete the transaction in accordance with its terms or as the undersigned may instruct from time to time; You are authorized and directed to enter into a Document Registration Agreement substantially in the form attached hereto as Schedule "E" and the undersigned acknowledge(s) that the undersigned shall be bound by the terms of that Agreement; The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to the undersigned and the undersigned understand(s) that the undersigned (is a party) are parties to and bound by the terms and provisions of these electronic document(s) to the same extent as if the undersigned had personally signed these documents; and The undersigned (is) are in fact (the party) parties named in the electronic documents described in this Acknowledgement and Direction and the undersigned (has) have not misrepresented the identity of (any of) the undersigned to you. The undersigned acknowledges and agrees that in effecting the electronic registrations hereby authorized, you will be relying on the accuracy and authority of the foregoing statements. Dated at Toronto, this day of 200 Witness: (as to all signatures, if applicable) >[Company Name] Per: Name: Title: Per: Name: o Title: 1 A by -law to authorize the execution of an Offer to Purchase from Arduino Pizzicarola respecting the purchase of lands being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Offer to Purchase dated March 24, 2006 from Arduino Pizzicarola to The Corporation of the City of Niagara Falls being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality ofNiagara designated as Parts 1, 3 and 4 on Reference Plan 59R- 12941; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Offer to Purchase attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Offer to Purchase and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixteenth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006. October 16, 2006. October 16, 2006. CITY OF NIAGARA FALLS By -law No. 2006 BUYER, Arduino Pizzicarola AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) (Ft/ II legal names of at Buyers) SELLER, The Corporation of the City of Niagara Falls the following (Full legal names of all Sellers(' REAL PROPERTY: Add vadant. Land, Willoughby Drive s id e o f WiloUghby Drive in the City of Niagara Falls, in the Regional Municipality v t Niagara 20 feet irregular and having a frontage of more or less by a deDth of ...1.44.,..)11..fget or less and legally described as Part Lot 1, Plan 264, City of Niagara alls, Regional Municipality or Niagara (legal description of land including easements. not described elsewhere) PURCHASE PRICE: SIX THOUSAND Dollars rpN$6 o-o o 00 DEPOSIT: s urer su b m it s already paid i SIX HUNDRED Dollars (CDN$ 600.00 (Herewith/Upon acceptance) by negotiable cheque payable to el-t 0t Niagara Falls (alma:1Y. Esid) to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Buyer agrees to pay the balance as follows: 1. The Purchaser agrees to pay the balance due on closing in cash or by certified cheque subject to the usual: closing adjustments, SCHEDULE(S) attached hereto form(s) part of this Agreement. 1. CHATTELS INCLUDED: 2. FIXTURES EXCLUDED: 3. RENTAL ITEMS: The following equipment is rented and not included in.the Purchase Price. The Buyer agrees to assume the ts DYE DURHAM ca INC. FORM tot APRIL 2002 agrees to purchase from contract(s), If assumable: bewl A. IRREVOCABILITY: This Offer shall be irrevocable by Pttcha until 47 p.m. on the ay of 2006 after which time, if not accepted, ibis Offer shall be null and deposit II be returned to the Buyer in full 'thou! interest. /NONA CouncilAp4 roved this 0 5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 .m. on the. day of strot,, Upon completion vacant possession of the property shall be given to the Buyer unkssotherwise provided r in this Agreement. b... 6. NOTICES: Seller hereby appoints the listing Broker as Agent For the purpose of giving and receiving notices pursuant to this Agreement. Only if the Co Broker represents the interests of the Buyer i this transaction, the Bwo., hereby appoints the Cooperating Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided For herein shall be in writing. This offer any counter offer, nolice of acceptance thereof or any notice shall be deemed and received, when hand delivered to the'addresi for service provided In the Acknowledgment below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No for delivery of notices to Seger) FAX No for delivery of notices lo Buyer) 7. GST: lf this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be 444 in P o 0 the Purchase Price. (included in/In <1 ilion If this transaction is not subject to G.S.T., Seller agrees to certify on or before closing, that the transaction is not subject to G.S.T. 5 days prior to closing B. TITLE SEARCH: Buyer shall be allowed until 6:00 p.mYoN lEe..1 Na9xf (year) (Requisition Dote) to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition.Date Or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to comgetion„to sotisFyhimseff that there are po outstanding work orders or deficiency notices affeding the property, that its present use Vacant R4 Residential IoaD aisalGralptvaltipleDiel may belawfuily continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE 'USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restridions or covenants that run with'the land providina that such are complied with; (14 any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or j security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic Wilily or telephone services to the property or adjacent properties; and (di any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valirl objection to title or to any outstanding work order or deficiency- notice, or to the fact the said present use may not bwfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire in favour of the Buyer and any mortgagee, (with all related costs at-the expense of the Seller), and Which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Setter, Listing Broker and Co-operating Broker shall not be liable for any costs or damoges. Save as to any valid objection so made by such day and except for any objection going to the root of the title,. Buyer shall be conclusive deemed to have accepted Seller's tide to the property. 1 11. CLOSING ARRANGEMEMTS: Where each of the Seller and Buyer retain a la wyer to complete the Agreement of Purchase and Sale of the property, and where the transaction will be completed by electronic registration pursuant to Part III of e Land Registration Reform Act, R.S.O. 199% Chapter 1.4 and ihe Electronic Registration Act, S.O. 1991 Chapter 44, and any amendments thereto, the Seder and Buyer acknowledge and agree that the exchange of dosing Funds, non- registrable documents and other items (the "Requisite Deliveries1 and the release thereof to the Seller and Buyer will fa) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subjed to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release some except in accordance with the terms of a document registration agreement between the said lawyers, the form of which is as recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of Requisite Deliveries will ooair in the applicable land Titles Office or such other location agreeable to both lawyers. Filalul M. it. (the "property). 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract; survey or other evidence of title to the property except such as are in the possession or control of Seller. if requested by Buyer, Seller will deliver any sketch or survey of the properly within Seller's control to Buyer as soon as possible and prior to the Requisition Dote. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act an-ada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Sellers lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register some on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance lance r uired to obtain the discharge, together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, Seller shalt hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge /Mortgage, or Buyer h assuming a Charge /Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING ACT: This Agreement shall be effective to create an interest in the properly only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge /Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. IF requested by Buyer, Seller covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R.S.O. 1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non-residency provisions of the income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non-resident of Canada: 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19_ TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER: Any tender of documents or money hereunder may be mode upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft of cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Sellers knowledge no building on the property contains or has ever contained insulation that contains ureaformaldeh de. This warranty shall survive and not mere on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only app to that part of the building which is the subject of this transaction 23. CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and /or personal information be referred to in connection with This transaction. 24. AGENCY: 11 is understood that the brokers involved in the transaction represent the parties as set out in the Confirmation of Representation below. 25. AGREEMENT IN WRITING: if there is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 26. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED at Fort Erie, Ont. SIGNED, SEALED AND DELIVERED in the of: IN WITNESSA 1WBne s) V (Buyer) Oita Witness) (Buyer) (Seal) DATE 1, the Undersigned Seller, agree tote above Offer. I hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of the commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Listing Broker to my lawyer. DATED at this day of SIGNED, SEALED AND DELIVERED in the presence oF. IN WITNESS whereof 1 have hereunto set my hand and seal: entrtness) (Seller) (Witness) (Setter) (Seal) SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. (Witness) (Spouse) (Seal) DATE CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, (confirm this Agreementwith all changes both typed and wriffen was finally executed by alt parties at a.m. /p.m. this day of CONFIRMATION OF REPRESENTATION I hereby acknowledge and confirm the Listing Broker represents the interests of the 1 hereby acknowledge and confirm the Co-operating Broker represents the interests of the Name of Listing Broker Tel. No. Pelted (Seller) Address For Service: Sellers Lawyer Address 1• Tel. -No. (Seller /Seller and the Buyer) Signature of tasting Broker or authorized representative FAX No. I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and i authorize the Agent to forward a copy to my lawyer. DATE DATE Tel. No. FAX No. in this transaction. This d y of' March, 2006 I have hereunto sct my bond and seal: bread ACKNOWLEDGEMENT izzicarola this tronsoction (Seller /.Buyer) Signature of Cooperating Broker or authorized representative Name Cooperating Broker 1 ......1...........».» »1 Tel No. FAX No. I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and 1 authorize the Agent to forward a copy to my lawyer. (Buyer} IBuyer) Address for Service; Buyer's lawyer.. ».f Address.. Tel No. (Seal) DATE (Seal) DATE (Signature of Seller or Buyer) DATE f DATE DATE Tel No Q. 4 1 v FAX No. tr (Year) FOR OFFICE USE ONIY coMMisstoN TRUST AGREEMENT To: Cooperating Broker shown on the foregoing Agreement of Purchase and Sole: In consideration for the Cooperating Broker procuring the foregoing Agreement of Purchase and 'Sole, 1 hereby declare that all moneys received or receivable by me in connection with the Transaction as contemplated in the MIS Rules and Regulations of my Real Estate Board shall be receivable and held in trust.This agreement shall constitute a Commission Trust Agreement as defined in the MIS Rules and shall be subject to and governed by the MIS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the foregoing Agreement of Purchase and Sale. Acknowledged by: Signature of Listing Broker or authorized representative Signature of Cooperating Broker or authorized representative A by -law to authorize the payment of $19,492,994.16 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 August 30, 2006 to October 3, 2006. Passed this sixteenth day of October 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006 October 16, 2006 October 16, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule `B -63" and Schedule "B -63" attached hereto shall be inserted in lieu thereof. Passed this sixteenth day of October, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006. October 16, 2006. October 16, 2006. CITY OF NIAGARA FALLS By -law No. 2006 EFLE4vENDFOND SCHEDULE "B-0" RreAx3s Rite Passed this sixteenth day of October, 2006. First Reading: Second Reading: Third Reading: October 16, 2006. October 16, 2006. October 16, 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 "D3" and Schedule "D3" attached hereto shall be inserted in lieu thereof. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE "D3" NIAGARA COLLEGE MAID OF THE MIST CENTRE 1. Parking By -law Enforcement Officers on private property: Carl Hubbell Brenda Phillips 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. 99 -109 being a by -law to designate the Battle Ground Hotel Museum located at 6137 Lundy's Lane as a building of cultural heritage value; WHEREAS By -law No. 99 -109 designated the property located at 6137 Lundy's Lane to be of cultural heritage value; AND WHEREAS it is deemed necessary to amend the Reasons for Designation 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 99 -109 be amended to read Cornice Gutters were found extant and insitu at the second floor level of the house. Other details remain, including sponge painted walls in the pantry on the first floor. 2. That By -law No. 99 -109 be amended by deleting Schedule `B" thereto and substituting Schedule `B" 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. Passed this sixteenth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006 October 16, 2006 October 16, 2006 SCHEDULE "A" to By -law No. 2006 All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Village of Niagara Falls and being composed of Lot 8, on the north side of Lundy's Lane, west of Main Street, adjoining the Tower Lot in the said Village and having a frontage of 79 feet, 2 inches more or less and a depth of 312.84 feet, more or less, as shown by Plan No. 32, duly registered, according to Plan No. 653. Save and except that part expropriated by the Corporation ofNiagara Falls as described in instrument No. 712343. All as previously described in Instrument No. 446497. SCHEDULE "B" to By -law No. 2006 SUMMARY OF HERITAGE SIGNIFICANCE The site is part of the lands involved in the 1814 Battle of Lundy's Lane. The Battle was the bloodiest conflict on Canadian soil and an important event in National history. At the time of the Battle, the lands belonged to Thomas Millard, Sr. whose family was one of the first ten settlers in Stamford Township. The lands were subsequently divided through various transactions. Adam Fralick purchased approximately 20,000 square feet in 1836 for a tavern. In 1841, Fralick purchased the lot to the east and erected the third observation tower next to his tavern. The Tavern property was passed through the Fralick family. James Fralick sold the property in 1898 to James A. Lowell. There were six further transactions until the property was acquired by Ruth Evelyn Redmond. Miss Redmond donated the land and building along with other properties to the City in 1996. Architecturally, the Battle Ground Hotel follows the form of the Temple Facade in the Classical Revival style characteristic ofthe 1830's to 1850's. This would correspond with Fralick's acquisition of the property in 1836. The building is symmetrical in appearance with a one and a half storey section flanked by one storey wings. The wings project forward and create an open verandah with two fluted Greek Doric columns. From the verandah are three points of entry perhaps reflecting its early operation as a public house and inn. The original east and west six panel doors with heavy mouldings remain with a replicated front door. The door surrounds are composed of incised panel pilasters with heavy cornice. The doors have been grained to resemble hardwood. The original six over six window sash have been restored. Shutters have also been restored. Also extant are eave returns, one element of the Classical Revival style. Cornice gutters were found extant and insitu at the second floor level of the house. The original clapboard siding has been restored. On the interior, the east parlour retains its fireplace with pilastered mantlepiece, baseboards and trim and panels beneath the windows. A simple, yet early, bannister is intact on the second floor. Elsewhere, original trim details remain. Other details remain including sponge painted walls in the pantry on the first floor. Evidence of split lath plaster, an early construction technique, was found in some locations. The designation would dovetail with the Heritage Conservation Easement already held by the Ontario Heritage Foundation. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16t day of October, 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 16t day of October, 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. Passed this sixteenth day of October, 2006. DEAN IORFIDA, CITY CLERK R T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 16, 2006. October 16, 2006. October 16, 2006. CITY OF NIAGARA FALLS By -law No. 2006