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2006/11/20COUNCIL MEETING Monday, November 20, 2006 Order of Business and Agenda Package COUNCIL MEETING November 20, 2006 PRAYER: Alderman Joyce Morocco ADOPTION OF MINUTES: Council Minutes of October 30, 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. PRESENTATIONS /DEPUTATIONS Patrick Cummings Award A presentation will be made regarding accessibility at the MacBain CommunityCenter and an award of recognition will be presented. -AND- 1. Chief Administrative Officer CD- 2006 -17 Accessibility at the MacBain Community Centre Public Meeting Official Plan Zoning By -law Amendment Application, AM- 35/2005, Marineland Parkway, Applicant: Napev Construction Limited, Agent: James Okawa Brutto Consulting Uri Salmona, Salmona, Tregunno Inc., Proposed Condominium Apartment Development Background Material: Recommendation Report: PD- 2006 -95 PLANNING MATTERS -AND- 2 Correspondence from Nick Matovic, Thundering Waters, Fallsview Golf Inc. MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Girls Soccer Club Request permission to incorporate the City's logo in the new logo /crest for the Girls Soccer Club. RECOMMENDATION: For the Consideration of Council 2. Downtown Niagara Falls Board of Management Request that free parking be implemented at all meters on Downtown Streets, during the month of December 2006. RECOMMENDATION: That 2 hour free parking, at on- street parking meters and on- street pay and display machines, in the Downtown Core, during the month of December, be approved. 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 3 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 -53 Major Receivables Quarterly Report F- 2006 -54 2007 General Insurance Report F- 2006 -55 Deferral of Property Taxes for Low Income Seniors and Low Income Disabled Homeowners F- 2006 -56 2007 Reimbursable Mileage Tow -Tier Rates F- 2006 -57 Municipal Accounts F- 2006 -58 Interest on Water Deposits IS- 2006 -02 Google Inc. Transit Data Agreement IS- 2006 -03 Cogeco Cable Inc. Internet Viewing of Council Meetings Agreement PD- 2006 -90 Request for Removal of Part Lot Control Block 111, Registered Plan 59M -92, Calaguiro Estates, Applicant: Kybala Ventures Inc. PD- 2006 -94 CMHC Workshop Ontario Economic Outlook and Niagara Region Housing Market PD- 2006 -96 Recommendation Report, Draft Plan of Vacant Land Condominium 26CD -11- 2006 -02, Block 276, Rock Spring Gardens, Block 276, Deerfield Estates Subdivision Kalar Road West Side) Forestview Boulevard /Desanka Avenue, Owner: Pinewood Homes (Niagara) Ltd. (Offer of Purchase Sale) -4- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -205 A by -law to amend By -law No. 395, 1966, By -law No. 79 -200 and By -law No. 96 -242, to permit the development of a residential plan of subdivision on the west side of Sodom Road, north side of Willick Road, and southeast of Lyon's Parkway and Lyon's Creek Road. 2006 -206 A by -law to designate Block 111, Registered Plan 59M -92, not be subject to part -lot control. 2006 -207 A by -law to authorize the execution of an Agreement with Canadian Pacific Railway and Studio V Architecture, PLLC, respecting the retention of services by Studio V Architecture, PLLC, for the integration of the former CP Railway Bridge into the Niagara Falls Downtown Strategic Implementation Plan. 2006 -208 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 -209 A by -law to establish Parts 1 and 11 on Reference Plan 59R -13223 as a public highway, to be known as and to form part of Victoria Avenue. 2006 -210 A by -law to amend By -law No. 395, 1966, to temporarily permit a machine shop operation on a parcel of land zoned Rural. 2006 -211 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Stop Signs at Intersections, Parking Prohibited, Through Highways) 2006 -212 A bylaw to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2006 -213 A by -law to amend By -law By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Parking Prohibited, Parking Meter Zones). 2006 -214 The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario {the "Ministry") and the The City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the 5 Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. 2006 -215 A by -law to authorize the payment of $25,974,363.01 for General Purposes. 2006 -216 A by -law to authorize the execution of an Agreement with Google Inc. respecting data from public transportation agencies. 2006 -217 A by -law to amend By -law No. 79 -200, to allow an existing building to be used as a retail store and one dwelling unit. 2006 -218 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20' day of November, 2006. NEW BUSINESS The City of Niagara Falls Canad Corporate Services Department CD- 2006 -17 Members: Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario November 20, 2006 Re: CD- 2006 -17 Accessibility at the MacBain Community Centre Dean lorfida City Clerk RECOMMENDATION: That Council receive the information contained in the report; and That the Niagara Region's Facility Accessibility Design Standards be adopted as a guide for development of future municipal facilities. BACKGROUND: In September 2005, the attached memo was provided to Council responding to concerns about accessibility at the MacBain Community Centre. As indicated at the time, the MacBain Community Centre did meet the Ontario Building Code standards for accessibility. A number of items, such as signage and curb cuts, were still outstanding. Also, although the City's Disability Advisory Committee had provided input to the architects, not every building facet of the facility could have been predicted at the meeting stage. Since that time, the Disability Advisory Committee and staff have worked toward making minor, minimal cost adjustments that have made the facility even more accessible. Committee member Brian Kon, who has advised on barrier -free design, was instrumental in making suggestions on where improvements could be made. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 CD- 2006 -17 Some of the improvements implemented include: Door tensions were adjusted from 15 lbs. to a more appropriate 5.5 lbs. It turns out that the contractors had failed to appropriately set the tensions prior to occupancy. Toilets were too low. Committee member Gary Taylor donated risers so now there are accessible toilets on both floors of the Centre. The central curb cut was finalized. An additional curb cut was added at the north end of the sidewalk. The Disability Advisory Committee consulted on the location of additional disabled parking spots. The Centre now has nine (9) spots which are conveniently located to the south end of the front sidewalk. The spots are spacious and ideal for those who may need to get an assisted device out of a van. Striping to assist the visually impaired was placed in the Library. A wheelchair was donated for use of the patrons of the Centre. Municipal Works staff provided a curb cut on a traffic island on the south east corner of McLeod and Montrose and removed a mound of dirt on the north east side of the corner to allow those traveling to the Centre in scooters to have better and more seamless travel. Based on the experience with the MacBain Community Centre, the Disability Advisory Committee has specific suggestions related to the City's twin pad complex. A meeting has already taken place with Denny Bryan of BBA Architects. The Committee has made the following suggestions: Automatic doors, where possible. Accessible seats in the arena. Doorless washrooms. This will avoid issues with door tension. Variable ticket and concession counters. CONCLUSION: As indicated in this writer's memo of September 2005: Unfortunately, developers, architects, builders and labourers are not always up to speed on barrier -free accessibility. It will probably take a number of years for the building professionals to readily recognize and implement barrier free features that are not costly and will make buildings truly accessible. The Niagara Region recently adopted a 100 page document entitled Facility Accessibility Design Standards. The document provides guidelines for universal design in a myriad of areas including washrooms, entrances, drinking fountains, passage ways, amongst others. The City's Disability Advisory Committee has provided the document to the arena architects as a guide. It would be prudent of the municipality to adopt the Region's Facility Accessibility Design Standards document for consideration for future municipal facilities. An excerpt of the document is provided for Council's information and a full copy may be accessed at: http /www.regional.niagara.on.ca/ government works /operational- Support- Services. aspx November 20, 2006 Recommended by: Dean Iorfida City Clerk Approved by: cf;r T. Raven Executive Director of Corporate Services 3 Respectfully submitted: John MacDonald Chief Administrative Officer CD- 2006 -17 e� Clerk's Department Inter Departmental Memorandum To: Adele Kon Date: September 26, 2005 Director of Parks, Recreation Culture From: Dean Iorfida City Clerk Ext. 4271 Subject: Accessibility New Community Centre Adele: The City of 0 0F. Niagara Falls Canad On September 15 the City's Disability Advisory Committee toured the new Community Centre. Overall, the Committee members were impressed by the new building. As one of the community members mentioned the Community Centre looks like the type of facility found in a larger, more affluent community. It is certainly impressive. I have been hearing that there have been some comments that the facility is not accessible. Such comments are exaggerated. Although there are a number of areas where the Committee had concerns, many of the matters can be rectified with some minor changes that should not be costly as the attachment from Jason MacLean, Health Wellness Coordinator and Staff Liaison to the Committee, indicates. Also, when we visited there were still a number of matters that had not been finalized (i.e., a front curb cut, signage etc.). Secondly, the Community Centre, as with any building, has to comply with the Ontario Building Code and the accessibility requirements contained in that Act; therefore, the building is accessible under the letter of the law:... Contrary to what some people may think the Ontarians with Disabilities Act does not contain stipulations-as to accessible features (i.e., washrooms, ramps, doors etc.). It is always our Committee's hope that a building will exceed Ontario Building Code requirements, however, our Committee is realistic. Unfortunately, developers, architects, builders and labourers are not always up to speed on barrier free accessibility. It will probably take a number of years for the building professionals to readily recognize and implement barrier free features that are not costly and will make buildings truly accessible. The Disability Advisory Committee did consult with the staff, the architects and consultant on the Community Centre in 2003. The committee is comforted by the fact that there comments were considered. Of course, not every building facet could be predicted at the time of our meeting. An attached memo on parking provides an example of the "continued consultation between the Committee and the architects. It should be noted that our Committee is committed to working with the architect, Parks Rec staff and YMCA to ensure that the facility implements some barrier free improvements. It is appropriate that any future concerns are brought to the Committee's attention. A number of Committee members, such as Brian Kon, have experience in barrier free design (Brian will be providing a report to Jason in the near future). Bottom line, as Committee member, Sandy Bird mentioned to me: "our Committee should be a part of the solution. There are problems but they can easily be fixed." Working Togetb er to Serve Our Community 'Tom truly, London cANADA June 1 0, 2005 Larry Eloti#1010; 004:ccPM Manager Property a Facilit Management igipo Of Niagara 2201 FfAl, Box 1042 Thar0.4,.-0,14 L2V 4T7 Dear Wiri, Thank Y..00 your email anhietaat May 4f.t.• e #:•ai*::0100 t o 1.:t.ii that :r• op of N ia g ar a WOtitclifir ofilita Qfitotis :A0v0i61bnitt 04 000001040:;a:i0010.14ikfp-.101.00Va ag0$11011 facilities /,YArArOcilt104 *...004::10fii 14100filtatidit .016 are currently *Oa* the opdatiog.:t*oOak. ',4400- of: .t)ova. ,..--.?.and will post IIb0,.1. revi 0 7 /00 pr- t he 6f040,4**0040;.. 663 BOthutstStreet tancloM. ON NSZ JUN 1 6 2006 The City btLaricroii:entiti*at the 466.0F/. zour c ommunity .;naioielo661 *4.:. 0000.11.0.* fcit 0 to 11 4str:rkgre.e".q110 ur$4 aitylki0a11110a. '040 .$0:4q014 A 1 1 1 s`rtOtt4Y At 411111bri*it4.***§Ft000:0. ••.t.4 At an OtetObility Should the Region of Niagara uLifize FADS 10 the csi949.r:! f0 a •-PetiP1:49r1W,Iti ).tin 41 your region, as :*41. 00 City of L OtAo0AwAiou 0,0106.0tOn., )041 1 ifiloiit'004 7 TiOhtt)0004.0f'0*,14. Of tb*P1r$: product 11b,ra6e.. A.H90bs Director Fleet FaciliUes O epartmental .Rpaiporpga T Johnson, brOPtor Audit Risk istead, Speclatistlj Municipal Pol K. Wood Facilities lief:Akar: Adde#.0b he :*i#1 Dftice 519 $0x4esiz 519 am pbeI I oridon ca' ACKNOWLEDGEMENTS September, 2001 Re: City of London 2001 Facility Accessibility Design Standards Dear reader /user of these standards, On behalf of the Corporation of the City of London we are pleased to be able to present to you the 2001 Facility Accessibility Design Standards which are intended to apply to all newly constructed and /or renovated City of London owned, leased or operated facilities. We would like to thank and recognize the contributions of: Mr. Bob Topping and Mr. Matthew Fleet and other staff of Designable Environments Inc. of 1238 Stavebank Road North, Mississauga ON, L5G 2V2, (Tel:(905) 891- 5232), who have been instrumental in creating the Corporation of the City of London's innovative and universally accessible "Facility Accessibility Design Standards" The community participants who attended a number of focus -group sessions and have personally taken the time to review the draft standards document and provide suggestions to the development team. Brain Injury Association of London Mr. Kevin McGregor Canadian Hearing Society Ms. Marilyn Reid Canadian National Institute for the Blind Ms. Lori Siska Ms. Jennifer McIntosh Mr. Paid Perna Community Living London Ms. Laurie McAndrew Accessibility Guidelines for Buildings and Facilities (ADAAG)- The American with Disabilities Act Barrier -Free Design CAN/ CSA- B651 -95 Council for London Seniors Ms. Mary Richards Hutton House Ms. Jeanette Dutot Learning Disabilities Association Mr. Carl Sinclair Ontario March of Dimes Ms. Donna McInnis Participation House Support Services Mr. Brian Dunne Barrier -Free Design Guidelines Alberta Safety Codes Council Barrier -Free Design Guidelines City of North York Partners in Leisure Mr. Neil Watson Thames Valley Childrens' Centre Ms. Patricia Baldwin Ms. Lisa Havens Ms. Karen Faragher Raising Cane Commentator -The New PL Ms. Lynne Swanson The Facilities Planning and Engineering Division, members of the Facilities Accessibility Design Standards (FADS) Internal Review Committee and other City department staff who have taken the time to provide Designable Environments with their input concerning this standards document. We would also like to acknowledge the following documents that were utilized to develop the City of London's Accessibility Standards: Accessibility Guidelines for the City of Toronto Barrier -Free Design Standards Regional Municipality of Hamilton Wentworth and the Corporation of the City of Hamilton Joint Municipal Guidelines for Accessibility for the Towns of Richmond Hill, Markham and Vaughan We would especially like to thank Mr. Gerry Baron, of the Alberta Safety Codes Council and Heidi Baron Graphics for allowing Designable Environments to incorporate some of the diagrams contained in the Alberta Safety Codes Council's "Barrier -Free Design Guide" into the 2001 Facility Accessibility Design Standards. In addition to our use of these standards for our own facilities, we encourage the use of the City of London 2001 Facility Accessibility Design Standards throughout the community and hope that you find them interesting and valuable for your facility construction and /or renovation projects. Jeff Malpass, Acting Commissioner Corporation of the City of London Environmental Services Department 1.0 Introduction 1 2.0 Glossary and Definitions 2 3.0 Scope Application and Enforcement 5 4.0 Design Standards 7 4.1 Access and Circulation 4.1.1 Space and Reach Requirements 9 4.1.2 Ground and Floor Surfaces 10 4.1.3 Protruding Objects 11 4.1.4 Accessible Routes, Paths And Corridors 12 4.1.5 Entrances 14 4.1.6 Doors 15 4.1.7 Gates, Turnstiles and Openings 19 4.1.8 Windows, Glazed Screens and Sidelights 20 4.1.9 Ramps 21 4.1.10 Curb Ramps 24 4.1.11 Stairs 26 4.1.12 Handrails 27 4.1.13 Escalators 28 4.1.14 Elevators 29 4.1.15 Platform Lifts 32 4.2 Washroom Facilities 4.2.1 Toilet and Bathing Facilities 33 4.2.2 Toilet Stalls 35 4.2.3 Toilets 37 4.2.4 Lavatories 38 4.2.5 Urinals 39 4.2.6 Washroom Accessories 40 4.2.7 Individual Washrooms 41 4.2.8 Bathtubs 43 4.2.9 Shower Stalls 44 4.2.10 Grab Bars 45 4.3 Other Amenities 4.3.1 Drinking Fountains 46 4.3.2 Viewing Positions 47 4.2.3 Elevated Platforms 48 4.3.4 Dressing Rooms 49 4.3.5 Offices, Work Areas and Meeting Rooms 50 4.3.6 Waiting and Queuing Areas 51 4.3.7 Tables, Counters and Work Surfaces 52 4.3.8 Information, Reception and Service Counters 53 4.3.9 Storage, Shelving and Display Units 54 4.3.10 Lockers and Baggage Storage 55 4.3.11 Balconies, Porches, Terraces And Patios 56 4.3.12 Parking 57 4.3.13 Passenger Loading Zones 59 4.3.14 Landscaping Materials and Plantings 60 4.3.15 Benches 61 4.3.16 Picnic Tables 62 4.3.17 Street Furniture 63 TABLE OF CONTENTS 4.4 Systems and Controls 4.4.1 Emergency Exits, Fire Fire Evacuation and Areas of Refuge Assistance 64 4.4.2 Controls and Operating Mechanisms 65 4.4.3 Vending and Ticketing Machines 66 4.4.4 Visual Alarms 67 4.4:5 Public Telephones 68 4.4.6 Assistive Listening Systems 70 4.4.7 Signage 71 4.4.8 Detectable Warning Surfaces 73 4.4.9 Public Address Systems 74 4.4.10 Information Systems 75 4.4.11 Card Access, Safety and Security Systems 76 4.4.12 Glare and Light Sources 77 4.4.13 Lighting 78 4.4.14 Materials and Finishes 79 4.4.15 Texture and Colour 80 4.4.16 Acoustics 81 4.5 Facility- Specific Requirements 4.5.1 Arenas, Halls and Other Indoor Recreational Facilities 82 4.5.2 Outdoor Recreational Facilities 83 4.5.3 Swimming Pools 85 4.5.4 Cafeterias 86 4.5.5 Churches, Chapels and Other Places of Worship 87 4.5.6 Libraries 88 4.5.7 Business, Mercantile and Civic 90 4.5.8 Police Stations 91 4.5.9 Municipal Courts 92 4.5.10 Transportation Facilities 93 APPENDICES A Universal Design Principles and Guidelines 94 B Change Order Form 95 1.0 INTRODUCTION This standard has been developed for the Region of Niagara using the City of London's standards of 2001 as a basis. The intent of this standard is to apply to both the design and construction of new facilities, as well as the retrofit, alteration or addition to existing facilities, owned, leased or operated by the Region of Niagara. This standard particularly addresses the needs of persons with disabilities, including, but not limited to, persons who are mobility impaired, hearing impaired, visually impaired or cognitively impaired, persons who are deaf -blind and persons with limited stamina and /or dexterity. This standard is intended to encompass the intent of the Ontario Human Rights Code, in terms of respecting the dignity of persons with disabilities. The phrase respects their dignity' means to act in a manner which recognizes the privacy, confidentiality, comfort, autonomy and self esteem of persons with disabilities, which maximizes their integration and which promotes full participation in society." (Ontario Human Rights Commission) This standard embodies universal design that recognizes the broad diversity of people who use facilities. Universal design is defined as: "The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design." The universal design philosophy is structured around the seven design principles listed below. (Refer to Appendix A for further information on the universal design principles and their guidelines.) This standard reflects minimum dimensional criteria required for adult persons. Prior to the design stage of a project, special consideration should be given to the function of the facility and the patrons who will use it. A review and upgrade of this standard may be required in some instances, particularly if a facility is designed primarily for the use of a particular type of user, such as children or older persons. Where conflicts exist between scoping and /or dimensional requirements of this standard and legislation enacted by the federal or provincial governments, the most accommodating requirements shall apply (i.e., the requirement(s) that will result in the most accommodating environment but never less than the minimum requirements of the current Ontario Building Code). The Facilities Management Division of the Region of Niagara shall review and/or update this standard every 3- 5 years, to reflect technological advancement and new construction practices, as well as changes to the barrier -free design requirements of the Ontario Building Code and the CSA Standard B651 Barrier -Free Design. This standard recognizes the concept of equivalent facilitation as a means to encourage new and innovative design ideas and solutions. Departures from particular technical and scoping requirements of this standard by the use of other designs and technologies are encouraged when the alternatives will provide substantially equivalent or greater access to the usability of the element and /or facility. Design departures from information provided and referenced in this standard should be carefully assessed to determine the validity of the application and may require review by a committee appointed for this purpose by the Region of Niagara. Dimensions used in this standard are in metric units. Nearest imperial equivalent dimensions are in parentheses. For the purposes of this standard, words and terms in italics have their meanings defined in Section 2.0. The Region of Niagara encourages all users of this standard to provide feedback, as well as to make proposals for changes, additions and /or deletions. The Principles of UNIVERSAL DESIGN NC State University, The Center for Universal Design 1. EQUITABLE USE: The design is useful and marketable to people with diverse abilities. 2. FLEXIBILITY IN USE: The design accommodates a wide range of individual preferences and abilities. 3. SIMPLE AND INTUITIVE USE Use of the design is easy to understand, regardless of the user's experience, knowledge, language skills, or current concentration level. 4. PERCEPTIBLE INFORMATION: The design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities. 5. TOLERANCE FOR ERROR: The design minimizes hazards and the adverse consequences of accidental or unintended actions. 6. LOW PHYSICAL EFFORT: The design can be used efficiently and comfortably with a minimum of fatigue. 7. SIZE AND SPACE FOR APPROACH AND USE: Appropriate size and space are provided for approach, reach, manipulation and use, regardless of user's body position, size, posture or mobility. Niagara Falls The City of Can%ig 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 November 20, 2006 Re: PD- 2006 -95, Official Plan Zoning By -law Amendment Application AM- 35/2005, Marineland Parkway Applicant: Napev Construction Limited Agents: James Okawa Brutto Consulting Uri Salmona, Salmona Tregunno Inc. Proposed Apartment Development PD- 2006 -95 Doug Darbyson Director That Council not approve the Official Plan and Zoning By -law amendment application to permit the development of two 8- storey apartment dwellings, with a total of 196 units, on the subject land. Napev Construction Limited has requested amendments to the Official Plan and Zoning By -law for a 1.05 hectare (2.6 acre) parcel of land on the south side of Marineland Parkway, west of Stanley Avenue, as shown on Schedule 1. The amendments are requested to permit the development of two 8- storey apartment dwellings, with a total of 196 dwelling units. Refer to Schedule 2 for further detail. The lands are currently designated Tourist Commercial in the City's Official Plan. The Tourist Commercial policies would allow a variety of tourist commercial uses to be developed on the lands up to a height of four storeys. Residential development may also be permitted if the land is surplus to tourist commercial needs. The applicant has requested special site specific policies be added to the Official Plan to permit the height and density of the development. The subject lands are currently zoned Tourist Commercial which permits a variety of tourist commercial uses up to four storeys in height. The zoning of the land is requested to be changed to a site specific Residential Apartment 5F (R5F) zone to permit the proposed development. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 PD- 2006 -95 The applicant originally proposed two 12- storey buildings containing a total of 150 units and presented the proposal at a neighbourhood meeting in August 2005. Concerns about the height of the project were raised by neighbouring residents. The applicant then lowered the height of the buildings to eight storeys, but increased the total number of units to 196 by increasing the massing of the buildings. The revised proposal initially included the use of the abutting City -owned Con Rail drain lands to the west. The drain was proposed to be enclosed and surface parking provided over it. This component was recently abandoned, and the applicant now proposes to provide most of the required parking in an underground parking garage. Surrounding Land Uses The site is surrounded mainly by vacant land. Portions of the abutting land to the south are wooded and intended to be developed in the future as part of the Thundering Waters Golf Course. The Drummond Park Village subdivision exists to the southwest which is comprised of semi- detached and single detached dwellings. Circulation Comments Regional Municipality of Niagara The Provincial Policy Statement (PPS) typically requires a comprehensive review for the conversion of employment lands. It has been verbally confirmed that the PPS's focus is on lands intended for manufacturing rather than for tourist commercial. The site is located at the southerly limit of the Fallsview tourist district and new tourist commercial development has been concentrated in the Central Tourist area. The City should consider if this subdistrict should be designated for residential purposes. Access points will need modification and further sight line investigation prior to site plan approval. A road widening along a portion of Marineland Parkway and a left turn into the development will be required. Parks, Recreation Culture Cash -in -lieu of parkland will be required for this development. Such amenities as an outdoor gathering area, play area, recreational trail and increased landscaping should all be considered. Municipal Works The developer should consider a watermain loop system for this development. The City could consider cost sharing on such a system to facilitate future development on adjacent lands. November 20, 2006 3 PD- 2006 -95 Sidewalks should be incorporated into the plan and constructed by the developer. Alternatively, the City could construct sidewalks at the developer's cost. Planning Analysis It may be desirable to have traffic directed eastward from the development to Stanley Avenue. Building By -law Services All required building permits to be obtained prior to construction. City and Regional development charges are applicable and payable at building permit stage. Fire Services No objections. Planning staff does not object to the development of the land for residential purposes provided the ensuing project is harmonious with surrounding development in terms of scale, height and density. However, Planning staff is of the opinion that the development is not in keeping with the building heights and densities contemplated by the Official Plan and is subsequently out of character with the surrounding low density residential neighbourhood. The requested Official Plan amendment does not meet the prerequisite criteria for an Official Plan change, as follows: 1. Conformity of the Proposal to the General Objectives of the Tourist Commercial and Residential Policies The land is designated Tourist Commercial and is part of the Fallsview Tourist Subdistrict. As this part of the subdistrict abuts low density residential dwellings, building heights are restricted to four storeys. Although the land is intended primarily for tourist commercial uses, multiple family residential developments may also be permitted if the lands are in excess of demand for tourist commercial purposes. The applicant's planner has provided an opinion that this land is surplus to tourist commercial needs and that the land would be more appropriately developed for residential purposes. The planner notes that the focus of new tourist commercial development has mainly been in the form of high -rise developments around the Fallsview Casino and the isolated nature of the area surrounding the subject land is claimed to impede its development for tourist commercial purposes. The planner stresses the primary concern should be compatibility with surrounding low density residential uses and claims a multiple family residential complex would be more compatible with surrounding developments than a tourist commercial development. He also claims that a higher intensity of use of this property is supported by the Provincial Policy Statement, given the site's location on an arterial road. Planning staff agrees with some of these arguments. The area has not been developed for tourist commercial purposes as intended. In addition, the Tourist Commercial designated land to the west of the site permits a non tourist commercial use (nursing home). Although November 20, 2006 4 PD- 2006 -95 the adjacent Thundering Waters Golf Course may spur development in this area, recent trends with other golf course developments indicate that this new development is just as likely to be in the form of residential development as commercial development. However, Planning staff disagrees that the development is compatible with surrounding development, and therefore, does not support the view that it meets the general objectives of the Official Plan nor the City's Residential and Tourist Commercial land use policies. To ensure the development is compatible with surrounding residential development, residential developments in tourist commercial areas are to be considered under the density and height policies that are contained in the Residential policies. These policies are not met as follows: This site is near a Minor Commercial district. Sites in close proximity to Minor Commercial districts are to have a maximum height of six storeys and a density of 100 units per hectare (40 units per acre). The development, at eight storeys and a density of 186 units per hectare (75 units per acre), is significantly larger in scale and nearly twice the density of a residential development contemplated by the Official Plan for this area. The density of the development also exceeds the density contemplated by the Residential policies for anywhere in the City (outside of the Central Business District), which is capped at 125 units per hectare. The surrounding residential development is not fully protected from the impacts of this development. Although no shadowing of surrounding residential developments is anticipated, semi detached and single- detached residences to the west and south will be overlooked by the development and subject to a loss of privacy. In addition, the number of units being sought in each of the apartment dwellings results in buildings that are greater in scale and massing than what is contemplated for this area. Appropriateness of the Site for the Proposed Use, Especially in Relation to Other Sites or Areas of the City Given its location on an arterial road near a Minor Commercial district, the site is appropriate for an apartment dwelling use. However, developments of the height and density proposed are more appropriately directed to the downtown or the centre of the tourist district, where high densities can support surrounding businesses and where surrounding commercial uses will not be impacted by the scale of the development. 3. Compatibility of the Proposal with Adjacent Land Use Designations Land use compatibility is typically achieved through the gradation in building heights and densities and the use of adequate separation distance between high -rise and low -rise buildings. Implementing adequate setbacks to nearby streets and generous landscaping will further mitigate the impacts of high density residential uses: Some of the building setbacks and standards sought indicate that this proposal represents an overdevelopment of the site. The underground parking garage extends to the front property line and close to the rear yard line, impeding the planting of substantial landscaping along November 20, 2006 5 PD- 2006 -95 the street line and in the westerly side yard. Side and rear yard setbacks for apartments are typically one -half the building height, particularly where such buildings are adjacent to low density residential. For a building this height, the resulting setbacks would be around 15 metres (50 feet), however, the westerly side and rear yard setbacks for the proposed development are only 1.5 metres (5 feet) and 11 metres (36 feet) respectively. Although the Con Rail drain provides some separation from the nearby low density residences, the lack of a westerly side yard means there is no opportunity to plant substantial landscaping to screen these residences. Buildings around the subject land are generally restricted to a height of four storeys or less. Despite current Official Plan policies, two sites to the northeast, located between the Hydro corridor and Stanley Avenue, have grandfathered approvals for 7 -8 storey hotels. Building heights in the range of 4 -6 storeys would assist in creating a gradation of building heights between the residences to the southwest and the approved hotels. A modest reduction in height, coupled with a reduction in building mass, would bring the development closer to what is contemplated by the Official Plan. 4. Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System The applicant has submitted servicing and traffic studies that indicate current infrastructure can generally support the development. However, additional infrastructure, including a watermain loop to service the site and nearby lands and a left turn lane into the development, should be provided. Should Council support the application, a hold symbol should be implemented through the site specific zoning. This symbol would be lifted once the necessary agreements to provide the infrastructure have been executed. 5. Need for the Proposed Use and the Extent to which Existing Areas of the City Designated for the Proposed Use are Developed or Available for Development Although the latest City statistics identify an inventory of vacant residential lands well in excess of the amount required under Provincial legislation to be available for development, Planning staff does not object to the use of the land for multiple family residential purposes. A residential development of an appropriate scale will complement the surrounding neighbourhood and provide additional housing choices for residents. In addition, nearby tourist areas which see a substantial number oftourists only at certain times ofthe year could be enhanced by the presence of year round residents. CONCLUSION: 1. The application to amend the Official Plan and the Zoning By -law to permit two 8- storey apartment buildings with a total of 196 units cannot be supported for the following reasons: It does not conform with the general objectives of the Official Plan, in particular, that residential areas are not protected from the adverse impacts of high -rise, high density development. The height and density of the development would be out of character with the surrounding residential uses. November 20, 2006 6 PD- 2006 -95 Prepared by: Andrew Bryce Planner 2 Approved by: AB:gd Attach. A development of this density would be better located in the Central Business District to support downtown businesses. 2. The applicant should consider scaling back the development to be compatible with surrounding residential area. Recommended by: Doug Darbyson Director of Planning Development 4' i r T. Ravenda Executive Director of Corporate Services S:\PDR\2006\PD2006 -95, AM -35 -2005, Napev Construction, Marineland Pkwy.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land Location: Applicant: r ES: Marineland Pkwy SCHEDULE 1 LOCATION MAP KARDZIAND IPA XVI° V& 11", #4447% 4 titer Ii UMW Official Plan and Zoning By -law Amendment. N Napev Construction Ltd. Scale: 1:NTS AM- 35/2005 10/11/2006 2:20:11 PM FE. pi p 3 IF :41 11 H I S b r a_ 5 5 r vg s TOPOGRAPHIC SKETCH OF ta Le;; 9BOC NG STATISTICS SIX3 Iaxo:U iglYllall SiN3W3alno3a ONINOZ taL 1 I osztwat ic'Leot nYSLaat fttstst ecotfes CYtK OD:1t sressc PROPOSAL 'BLDG. 'e 1 sretrf: ertttt n•mxt treat! ?L fit awwtlononv: I cram: trlttl wain' tawtt! isa as :rrv�ans ISITE PLAN AND .BUILDI LW E E c E d MYOa l IIYOe i rawer V3dV 101 BUILDING COVERAGE I I BUILDING HEIGHT: I LANDSCAPE AREA I ASPHALT PAVING AREA I APARTMENT UNITS [PARKING SPACES FE. pi p 3 IF :41 11 H I S b r a_ 5 5 r vg s TOPOGRAPHIC SKETCH OF OCT 31 -2006 12:07 From: Via: Fax Transmission October 26, 2006 Mr. Doug Darbyson Director of Planning Development City of Niagara Falls 4310 Queen Street Niagara Palls, ON 1.2E 6X$ Re: City File AM —moos Dear Mr. Darbyson: Sincerely, Nick Matovic Vice President Development 9053576007 TNUMOMAIMG WATIR$ VOLM (Lou To:905 356 2354 FALLSVIEW GOLF INC, Our group of companies owns the property directly south of the subject property as well as the adjacent Thundering Waters Golf Club. We have received and reviewed the proposed by -law amendment indicated above. Please be advised that we support the proposed amendment and development. 8000 Marineland Pkwy., Niagara Falls, Ontario 1.2E 6X8 Vok e 005 371 7102 Fax- 805 367 6007 small: nmatovlc®thunderinpwatens.com P. 2•2 RECEIVED OCT 3 1 2006 PLANNING DEVELOPMENT OCT -31 -2006 12:07 From: I THIJNl1R)$Q WATUI tiULF LI.UU TOWERTROPOLIS INC./ PALLSVI RW GOLP INC, 1149962 ONTARIO LTD. Tot Doug D trbyson COMPANY; Planting Dept. PAX WUMIU fl 905 356 2354 Ka AM 35/2005 9053576007 To:905 356 2354 P.1/2 PACSIMlt.13 TUANSMI'TTAL SHEET ItttOMi Nick Matovic PATlit 10/31/2006 TOTAL NO, OP PAGRB INCL CQY►3ti 2 w AINIVINOISOMMIMINIk CC; I{It(;J N t M FOR RI(vI►(W Fri i'1 110F, c. {aMhiUNT ct 1 RRPIiY 0 11.14.1$li I�It�.l�.�•�'i N' VI I.-S/ 1 'MMI N Is• 40419 M AItINVI.AN1) PARKWAY, NIAOAItA ItAI.I:t, ()NtAItIf 1.21; t,Xls PIIC1NI: (+1+15) 171 7102 I►:tX CMS) 157 duin? f■- MAIL. NICKI j1 FIUN131hItINOWA1 h KS COM Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Date: November 20, 2006 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Request of Use of City Logo in Girls Soccer Logo Please find attached a request from Girls Soccer to incorporate the City's logo in their new logo. The proposed use is in keeping with the Guidelines for Use of the City Logo policy. In addition, Boys Soccer has incorporated the City logo in their logo for a number of years, without issue. RECOMMENDATION: For the Consideration of Council Working Toget4jer to Serve Our Community The City of Niagara Fall Canada From: "Paul Preece" <ppreece @cogeco.ca> To: <diorfida @niagarafalls.ca> Date: 10/22/2006 10:12:45 PM Subject: New Girls Soccer Logo Dean Thank you for getting back to me right away. As you know from my message, we are in the process of developing a new logo /crest for the Girls Soccer Club and !thought that it would be appropriate to incorporate some part of the City logo into ours. I have attached the logo as a Bitmap. If you have difficulty opening this let me know. We are under a tight time line as this crest/logo will be a part of our new website banner which will be placed on -line very soon. I will contact you at some point on Monday or Tuesday. If you need to get a hold of me, you can call me anytime on my cell at 289 241 -4566. Thank you for your time in this regard. Paul Preece NFGSC r Down wn N ia g araall5 Board of Management November 7, 2006 Mr. Karl Dren Parking Department Niagara Falls City Hall, 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mr. Dren: Re: December "free" parking P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com As per our annual agreement, the Downtown Board of Management requests that the "free" parking be implemented at all meters on Downtown streets, during the month of December 2006. Yours truly, 0250(4 Cal Beresh Chairman /dd Downtown Niagara Falls: Where Friends Make the Difference Community Services Department Municipal Works Traffic Parking Services Inter- Departmental Memorandum To: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario From: Karl Dren, C.E.T., Manager of Traffic Parking Services Recommendation: Background: C:\Documents and Settings \di202 \Local Settings \Temp\Downtown Free Parking Request Memo 2006.wpd Working Toget&er to Serve Our Community November 20, 2006 Subject: Downtown BIA Request for 2 hour free parking On- Street Parking Meters and On- Street Pay and Display Machines Only, during Month of December. It is recommended that 2 hour free parking, at on- street parking meters and on- street pay and display machines, in the Downtown Core, during the month of December, be approved. The Downtown Board of Management has once again submitted a request to have free parking implemented at on- street parking meters and on- street pay display machines, during the month of December. During this free parking time, those patrons who overstay the 2 hour grace period, at the on- street meters and on- street pay and display machines, will be subject to a fine. For those patrons who need to park longer than 2 hours, they may use one of the Downtown Municipal Pay Parking Lots and pay the associated parking fees. Council's concurrence with the recommendation outlined in this memo, would be appreciated. The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F- 2006 -53 Finance Division Kenneth E. Burden 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca November 20, 2006 Re: F- 2006 -53 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to September 30th, 2006. 1. Tax Receivables Current Taxes 2006 2005 Percentage Collected 76% 78% Levy to Date 146,623,353 141,522,777 Penalties Charged 732,772 697,852 Collections 111,907,307 110,360,668 Balance 35,448,818 31,859,961 Tax Arrears 2006 2005 Percentage Collected 50% 58% Opening Balance 14,461,335 16,815,838 Penalties Charged 1,1 98,184 1,259,676 Collection 7,837,263 10,460,897 Balance 7,822,256 7,614,617 Total Unpaid Taxes 43,271,074 39,474,578 Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 F- 2006 -53 2. Other Receivables Sundry Receivables 2006 2005 Accounts Receivables 907,366 2,461,102 Finance staff has increased the focus on tax collections and follows a collection procedure to ensure that accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4% per month. Prepared by: 111 T. W. arrison Manager of Finance Recommended by: K.E. Burden Director of Finance af/H: \WPFILES\Committee\F- 2006 -53 Major Receivables.wpd Approved by: 'h1 Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Niagara Falls The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario BACKGROUND: Corporate Services Department F- 2006 -54 Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden ©city.niagarafalls.on.ca. November 20, 2006 Kenneth E. Burden Director Re: F- 2006 -54 General Insurance Report RECOMMENDATION: That Council approve the 2007 Comprehensive Insurance Program from Frank Cowan Co. Ltd. at an annual premium of $862,159 (2006 $825,205) plus applicable taxes. The City's comprehensive insurance program is reviewed annually for the purpose of updating and revising the type and amount of insurance. The cost of the annual premiums for 2007 represents an increase of approximately 4.5% or $36,954 (taxes extra). The annual review showed several reasons why the annual premium has increased. Frank Cowan Company has advised staff that the Canadian Property Casualty Insurance marketplace continues to be susceptible to losses that have outpaced premiums coupled with reduced investment income. Increased storm and natural catastrophe activity in 2006 will put upward pressure on rates. Insurance markets continue to focus on specific types of business risks. This has reduced the number of specialty insurers who are willing to underwrite risks such as public entity. As a result, all insurance purchasers are affected. The public sector has experienced significant losses in the past few years. Some of these losses have been driven by landmark cases, but overall, frequency and severity of claims have increased dramatically. As well, the overall cost of claims, which takes into account escalating court awards, claims administration expenses and the ever increasing replacement costs of assets, has continued to rise. In addition, insurers and re- insurers have become extremely cautious about public entity liability exposures. Insurers are now experiencing the negative impact of claims from public services and the impact they are having on the public entity insurance. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 F- 2006 -54 The terms and conditions for the 2007 Renewal will be subject to the following: Continued support of the insurers No major changes in the loss experience of the City's portfolio No major changes in the re- insurance market that would adversely affect the underlying insurance No major exposure changes prior to renewal Attached to this report is a summary of insurance coverages, and a premium comparison to 2006. As per Council's direction, Staff's risk management team continues to implement a full risk management program. The program focuses on minimizing the risk of loss by reviewing existing standards of maintenance and security; identifying and evaluating new risks and developing effective measures to minimize these risks, developing a hazard reporting system, reviewing insurance claims, and reviewing the adequacy of insurance coverages. Recommended by: K.E. Burden Director of Finance Approved by: T. Ravend Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer SUMMARY OF COVERAGES LIMITS /AMOUNTS PROGRAM SUMMARY Municipal Liability Limit of Protection per occurrence (No Annual Aggregate Limit) Third Party Claims Deductible including expenses Sewer Backup Deductible including expenses Wrongful Dismissal (defence costs) Limit per claim Annual Aggregate Limit Deductible Malpractice Liability Errors and Omissions Limit of Protection per claim (No Annual Aggregate Limit) Deductible including expenses Non -Owned Automobile Limit of Protection per occurrence (No Annual Aggregate Limit) Legal Liability for Non -Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Limit 250,000. Deductible 500. Environmental Liability Liability of Protection per claim 3,000,000. Annual Aggregate Limit 4,000,000. Self Insured Retention 50,000. Comprehensive Crime Commercial Blanket Bond 1,000,000. Counterfeit Paper Included and Depositors' Forgery Included Audit Expense (Sub -Limit 100,000.) Included Money and Securities Blanket any Location 100,000. Excess on Securities 100,000. 20,000,000. 50,000. 50,000. 250,000. 250,000. 5,000. Included 20,000,000. 50,000. 20,000,000. PROGRAM SAY SUMMARY OF COVERAGES LMTS /AMOUNTS Councillors' Accident Mayor and Eight Members of Council. Accidental Death Dismemberment 200,000. (No Annual Aggregate Limit and No Deductible) Weekly Income Total Disability 500. Weekly Income Partial Disability 250. Firefighters' Accident One Hundred Thirty -Two Members of the Volunteer Fire Department Accidental Injury, Death Dismemberment 100,000. (No Annual Aggregate Limit and No Deductible) Includes Comprehensive Benefits package Refer to policy Municipal Conflict of Interest Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim 100,000. (No Annual Aggregate Limit) Legal Expense Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim 100,000. Annual Aggregate Limit 250,000. RECREATION AFFILIATES General Liability Each Occurrence Limit 5,000,000. Products Completed Operations Hazard Aggregate Limit 5,000,000. Employers' Liability Limit 5,000,000. Personal Injury Limit 5,000,000. Tenants' Legal Liability Limit 5,000,000. Deductible 1,000. Non -Owned Automobile Limit of Protection per occurrence 5,000,000. (No Annual Aggregate Limit) Legal Liability for Non -Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Limit 100,000. Deductible 500. PROGRAM SAY SUMMARY OF COVERAGES LIMITS /AMOUNTS Property Insurance (including Data Processing Insurance) Total Sum Insured 97,681,807. Valuable Papers 500,000. Accounts Receivable (other than Data Processing) 500,000. Extra Expense (other than Data Processing) 500,000. Business Interruption Rent or Rental Value Form 500,000. Gross Revenue Form 1,231,300. Data Processing System and Equipment 2,323,600. Media 135,000. Extra Expense 100,000. Watercraft Floater Deductible 10,000. Exceptions: Data Processing 2,500. Day Care Building, 5027 Drummond Road 2,500. Museum Contents including Artifacts 2,500. Furnishings of Niagara Falls Professional 2,500. Fire Fighters Association Local 528 History Books "The Niagara Portage Road" 2,500. Educational Toy "FLASHY" 2,500. *Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are excluded from the policy. 194,500. PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS/AMOUNTS Boiler and Machinery Limit per Accident Comprehensive 50,000,000. Extra Expense 500,000. Water Damage 500,000. Ammonia Contamination 500,000. Expediting Expenses Included Hazardous Substance (including PCB Contamination) 500,000. Business Interruption Loss of Profits (Gross Revenue): Niagara Falls Memorial Arena, 5145 Centre Street, Niagara Falls 319,800. Stamford Memorial Arena, 6570 Frederica Street, Niagara Falls and 634,000. Jack Bell Arena, 6570 Frederica Street, Niagara Falls Chippawa Willoughby Memorial Arena, 9000 Sodom Road, Niagara Falls 207,500. Municipal Swimming Pool, F.H. Leslie Park, 5250 Valley Way, Niagara Falls 28,000. Municipal Swimming Pool, Mitchelson Park, Dorchester Road, Niagara Falls, Swimming Pool at Prince Charles Park, 6320 Arad Street, Niagara Falls and Office, Lunchroom and Maintenance Building, 4501 Stanley Avenue, Niagara Falls McBain Community Centre, 71560 Montrose Road, Niagara-Falls 42,000. Spoilage Goods under Refrigeration 50,000. Professional Fees 500,000. Data and Media 10,000. By -Law Cover Included Deductible 10,000. Automobile Fleet Liability Limit Deductibles Section 3 (Third Party) Section 6 (Direct Compensation) All Perils Garage Automobile Third Party Liability Limit Customer Vehicles Collision Limit Deductible Specified Perils Limit Deductible PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS /AMOUNTS 20,000,000. 10,000. 10,000. 10,000. 20,000,000. 200,000. 500. 300,000. 500. 2007 2008 ANNUAL PREMIUM 862359. PLUS APPLICABLE TAXES NOTE: Value Added Risk Management Services are included in the total premium. PROPERTY /DATA PROCESSING BOILER AND MACHINERY COST ANALYSIS EXPIRING RENEWAL PROGRAM PROGRAM 2006 -2007 TERM 2007 -2008 TERM PA MUNICIPAL LIABILITY 521,188 547,247 ERRORS AND OMISSIONS 41 ,970 44,069 NON OWNED AUTOMOBILE 333 333 FOLLOW FORM EXCESS LIABILITY 21,770 22,960 ENVIRONMENTAL LIABILITY 40,024 40,024 COMPREHENSIVE CRIME 3,993 3,993 COUNCILLORS' ACCIDENT 558 558 FIREFIGHTERS' ACCIDENT 6,600 6,600 CONFLICT OF INTEREST 810 810 LEGAL EXPENSE 5,738 5,738 GENERAL LIABILITY (RECREATION AFFILIATES) 6,142 6,142 NON -OWNED AUTOMOBILE (RECREATION AFFILIATES) 100 100 84,392 87,768 6,695 6,695 OWNED AUTOMOBILE 80,756 84,856 GARAGE AUTOMOBILE 2,116 2,116 EXCESS AUTOMOBILE (OWNED AND GARAGE) 2,020 2,150 ANNUAL PREMIUM 825,205 862,159 PLUS APPLICABLE TAXES Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: K. E. Burden Director of Finance Approved by: Corporate Services Department F- 2006 -55 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca November 20, 2006 Re: F- 2006 -55 Deferral of Property Taxes for Low Income Seniors and Low Income Disabled Homeowners RECOMMENDATION: For the information of Council. BACKGROUND: At the Council Meeting of August 21, 2006, Staff advised that The Regional Municipality of Niagara was considering changes to their policy for deferral of property taxes. The attached report was adopted by Regional Council on October 19, 2006. Please note that the deadline for applications for 2006 is February 28, 2007. The report and application form will be posted on the City's website. Recommended by: Respectfully submitted: John MacDonald Chief Administrative Officer 9 Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Kenneth E. Burden Director APPLICATION FOR DEFERRAL OF PROPERTY TAXES FOR LOW INCOME SENIOR AND LOW- INCOME DISABLED HOMEOWNERS STREET ADDRESS AREA MUNICIPALITY TELEPHONE POSTAL CODE Last Name List of all Registered owners and relationship to applicant First Name Age (YY /MM /DD) Relationship A copy of required documents showing that each person (other than an applicant's spouse) listed as an owner of the property is in receipt (or application pending) of one of the following supplements, must accompany this application: For Low income Seniors proof of: Attach photocopy GUARANTEED INCOME SUPPLEMENT (GIS) (Form T4A -OAS or Notice of Qualification. and Age For Low income Disabled Persons proof of: Federal or Ontario Citizen Card, Birth Certificate or Passport Attach photocopy ONTARIO DISABILITY SUPPORT PROGRAM (ODSP) IT5007 slip or Notice of Qualification NOTE: if an application for benefits is pending approval or under appeal, a photocopy of the completed application must be attached to this application. Date of Application STATEMENT (1) I am the registered owner and continuous resident of this property. (2) I have owned property in the Regional Municipality of Niagara for more than one year prior to the date of this application. (3) 1 acknowledge this property is my principal residence and 1 have not applied for a tax deferral on any other property this year. (4) I agree to notify the Area Municipality of any changes that would affect my eligibility for the Property Tax Deferral Program, including changes to property assessment. (5) I, the applicant, declare the above information to be correct and complete to the best of my knowledge and belief and the Municipality may verify any and all information pertaining to this application. (6) I acknowledge that application for deferral must be made on an annual basis. Signature of Applicant Signature of Spouse NOTE: Information provided by applicants is subject to the Freedom of Information and Protection of Privacy Act. Personal information regarding this application will be treated as confidential. Copies of applications will be provided to the Regional Municipality of Niagara and the relevant school board for their accounting. In order for the deferral to be processed and granted in a timely fashion, this application must be completed and received in your area municipal office, no later than February 28th of the following year. The application will not be processed unless all required information has been provided. Regional Municipality of Niagara By-law 87 -2001 Page 1 of 2 DETAILS OF TAX DEFERRAL 1. The applicant must own and occupy the property as their principle residence. 2. The applicant must have owned a residential property within the Regional Municipality of Niagara for a period of one or more years preceding the application. 3. The applicant must be in receipt of benefits from one of the programs identified on the application. Proof of receipt of benefits from the program must be submitted with the application. To maintain eligibility the property taxes must be current. A tax reduction from a successful assessment appeal may alter the amount of the tax deferral. In the event a tax deferral is granted, no interest charges will be added to the amount deferred. Repayment of the deferral amount will be due and payable to the Area Municipality on: transference of title of the property disposition of property applicant ceases to be eligible for deferral of taxes 10. In order to for continued eligibility for the Tax Deferral Program an application must be submitted to the Area Municipality each taxation year. 11. Application must be addressed to the Municipal Treasurer and submitted to the Area Municipality in which the property is Located. Addresses provided below. 12. Deadline for submitting an application is February 28th of the following year that the tax relief is being requested. 4. 5. 6. 7. 8. 9. The accumulated amount of deferral cannot exceed 50% of the current assessed value of the property. Tax deferral applies to current taxes only and not tax arrears or outstanding taxes. Area Municipal Addresses City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 City of Port Colborne 66 Charlotte Street Port Colborne, ON L3K 3C8 City of St. Catharines P.O. Box 3012 St. Catharines, ON L2R 7C2 City of Thorold P.O. Box 1044 8 Carleton St. South Thorold, ON L2V 4A7 Regional Municipality of Niagara By -law 87 -2001 City of Welland 411 East Main Street Welland, ON L3B 3X4 Town of Fort Erie 1 Municipal Centre Drive Fort Erie, ON L2A 2S6 Town of Grimsby P.O. Box 159 160 Livingston Avenue Grimsby, ON L3M 4G3 Town of Lincoln 4800 South Service Road Beamsville, ON LOR 1B1 Town of Niagara -on- the -Lake P.O. Box 100 1593 Creek Road Virgil, ON LOS 1T0 Town of Pelham P.O. Box 400 20 Pelham Town Square Fonthill, ON LOS 1E0 Township of Wainfleet P.O. Box 40 Wainfleet, ON LOS 1 VO Township of West Lincoln P.O. Box 400 318 Canborough Street Smithville, ON LOR 2A0 Page 2 of 2 REPORT TO: Chair and Members of the Corporate Services Committee SUBJECT: Low Income Seniors and Low Income Disabled Homeowners Deferral Revisions RECOMMENDATION CSD 132 -2006 October 11, 2006 That this Committee recommend to Regional Council: 1. That Regional Council adopt and approve the new By -law to Establish Criteria for Applications for Tax Deferrals by Low income Seniors and Low Income Disabled Persons attached as Appendix B to this Report to take effect on January 1, 2006. 2. That the Regional Clerk be directed to make the necessary arrangements to ensure this By -law is implemented in accordance with applicable laws. 3. That this report be received and circulated to the Councils of the Area Municipalities and local school boards for information. PURPOSE This report recommends changes to the Region's Low Income Seniors and Low Income Disabled Homeowners By -law in response to a request from the City of St. Catharines. EXECUTIVE SUMMARY By resolution dated April 12, 2006, the City of St. Catharines has requested that the Region review and update the tax deferral eligibility criteria for low- income seniors and low- income disabled homeowners' property tax. (see Appendix A). Criteria were discussed at the June 16, 2006 Area Treasurers meeting resulting in the development of the attached draft By -law (see Appendix B) for which staff now seek approval. 1 FINANCIAL IMPLICATIONS If the proposed By -law is adopted, the financial implication to the Region will be the interest carrying charges, estimated to be approximately $4,200 annually, for the deferred amount of taxes. BACKGROUND Property tax legislation passed in 1998 required upper and single tier municipalities to provide tax relief for assessment related tax increases for low- income seniors and low income disabled persons owning and occupying property in the residential class. Relief was to be provided in years of general reassessment. Legislation defined assessment related tax increases, however the definition of low- income seniors and low income disabled persons was to be determined by the municipality. Municipalities also had the responsibility of determining the amount of tax relief (all or part of the assessment related tax increase) and the type of relief (refund or deferral). The definition for tax increase has since been amended in Legislation to include all increases, budgetary or assessment related. Under the legislation, the maximum amount of tax relief to be provided is the difference between the taxes levied on the property in the year preceding a reassessment and the taxes levied in the year of a reassessment. REPORT Administration The Area Municipalities are responsible for administering the tax relief program for low income seniors and low income disabled persons as they are responsible for billing and collecting property taxes. Applications for tax relief are accepted and processed by the Area Municipality in which the individual resides. The Region has developed an application form that will be available on the Region's web -site and to each Area Municipality (see Appendix C). Current Program 2 CSD 132 -2006 October 11, 2006 The current tax deferral program has been in effect since 1998 and includes the following key elements: persons eligible for tax relief are low income seniors and low income disabled persons owning and occupying property in the residential property class; low income seniors are persons who are 65 years of age or older and in receipt of the monthly Guaranteed Income Supplement (GIS) program (or pending) and low income disabled individuals are persons who are in receipt of an increment paid under the Ontario Disability Support Program Act; tax relief is in the form of a deferral and no interest is charged on the deferred amounts; minimum amounts to be deferred are $200; CSD 132 -2006 October 11, 2006 the deferral period is 3 years; the applicants' property taxes must be current at the time of application; and if an eligible person for which tax relief has been granted ceases to be an eligible person, all tax relief ceases and the total amount deferred becomes a debt payable to the applicable Area Municipality. Options for Tax Relief Section 319 of the Municipal Act provides two basic tax relief options for upper and single tier municipalities. In each case the option may be applied to all or a portion of the tax increase: 1) refund /cancel all or a portion of the tax increase; or 2) defer all or a portion of the tax increase; Option 1 involves a refund or cancellation of the property tax increase. With a refund or cancellation, the Region and the Area Municipalities forego tax revenue equal to the amount of the refund or cancellation on an annual basis until such time as the property is sold or the applicant ceases to be eligible. This lost revenue would be recorded as a tax write -off. Option 2 involves a deferral of the property tax increase. Tax relief in the form of a deferral recognizes that eligible individuals own homes with a net asset value. When the home is eventually sold, the deferred taxes can be paid from the proceeds of the sale. The impact on the Region and Area Municipalities from deferred taxes is minimal as the impact is essentially limited to foregone interest. Recommended Approach The recommended approach is to provide tax relief based on a tax deferral of a portion of the tax increase. This option mirrors the tax relief currently provided but permits eligible homeowners to seek a deferral based on the total year over year tax increase, not just the assessment related tax change. Low income seniors and low- income disabled persons will benefit from the expanded definition of tax increase as the deferrals are now calculated on a larger amount. It is also recommended that a threshold deferral amount of $200 continue to apply. With this limit, low income seniors and low income disabled persons would be responsible for the first $200 of their property tax increase. The amount of the tax increase exceeding $200 would be the amount deferred. Interest will not be charged as it is prohibited by legislation. Cancellations or refunds (Option 1) are not recommended as they do not recognize the equity that homeowners have in their homes or the homeowner's ability to pay once the property is sold. In addition, the following limitations and criteria have been added to the program roughly based on suggestions outlined in the City of St. Catharines April 12, 2006 letter (Appendix A). 3 Accumulated amount of deferral cannot exceed 50% of the property's Current Value Assessment (CVA). Applicant must have owned a residential property within the Region for a period of 1 or more years. Documentation is required for proof of age, and receipt of Guaranteed Income Supplement (GIS) or Ontario Disability Support Program (ODSP). Together with the continued deferral option all but two of the criteria contained in the City of St. Catharines resolution have been satisfied. The recommendation for registering a lien on the property was determined not to be necessary as outstanding property taxes take priority. Also it is not recommend that a CVA threshold be adopted as CVA may not be an accurate indication of a homeowner's equity or ability to pay. Financial Impact The impact of tax relief as proposed in this report is dependant on the number of eligible applicants and the amount of their tax increases in excess of the $200 threshold amount. Analysis has indicated that approximately 90,000 residential properties have a tax increase greater than 3 Assuming 20% of these homes are owned and occupied by seniors and disabled persons, the number of potential properties would be 18,000. If it is further assumed that 25% of these homeowners qualify as low- income, the number of potential applicants could be 4,500. With a threshold amount of $200 and the Regional portion of the tax bill at 50 the maximum amount of deferred taxes for the Region would be approximately $98,000 per year. The actual impact to the Region would be the carrying charges of this amount. Based on the Region's current portfolio rate of 4.25 the annual cost to the Region is estimated to be $4,200. Submitted by: Approved by: John Bergsma Mike Trojan Commissioner of Corporate Services Chief Administrative Officer This report was prepared by Debbie Williams, Senior Financial Analyst and reviewed by Michael Kyne, Director Legal Services. Attachments 4 CSD 132 -2006 October 11, 2006 CSD 132 -2006 October 11, 2006 CATEURMS CO RPORAL SERF' RT CV1C[ PARThi T: nd the' O Mario 5 CSD 132 -2006 October 11, 2006 6 WHEREAS Section 319 of the Municipal Act, 2001 S.O. 2001 C. 25, as amended, requires the Regional Municipality of Niagara to pass a by -law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 1998 and subsequent years on property in the residential property class for persons assessed as owners who are, or whose spouses are, (a) low- income seniors as defined in the by -law; or (b) low- income persons with disabilities as defined in the by -law. THEREFORE the Council of The Regional Municipality of Niagara enacts as follow: 1) In this by -law: THE REGIONAL MUNICIPALITY OF NIAGARA BY -LAW NO. A BY -LAW TO ESTABLISH CRITERIA FOR APPLICATIONS FOR TAX DEFERRALS BY LOW INCOME SENIORS AND LOW INCOME DISABLED PERSONS "tax increase" is the difference between the annual taxes levied on the property in the preceding year and the annual taxes levied in the current year; "eligible deferral amount" means that part of the tax increase for the taxation year in which the application is made which is in excess of two hundred dollars ($200.00); "Treasurer" means the Treasurer of the lower -tier municipality within which an eligible property is located; "eligible property" means the owner's principal residence which is in the residential property class and for which all property taxes have been paid in full; "principal residence" is as defined by the Income Tax Act; 2 "residential property class" is as defined by the Assessment Act, R.S.O. 1990, c. A.31, as amended and the regulations thereto; "owner" means an individual who owns eligible property and who is, or whose spouse or same -sex partner is: i) at least 65 years of age and in receipt of, or has made application for, the monthly Guaranteed Income Supplement (GIS) provided under Part II of the Old Age Security Act (Canada); or 11) disabled and in receipt of, or has made application for, benefits under the Ontario Disability Support Program (ODSP). 2) To be eligible for a property tax deferral, the owner: a) must occupy the property, within the Regional Municipality of Niagara, as his /her principal residence for the full year for which the tax deferral is sought; b) must have owned a residential property within the Regional Municipality of Niagara for a period of at least one year preceding the application; c) ensure that the property taxes on the eligible property have been paid in full for the tax years proceeding the application; d) must be responsible to pay a tax increase of at least $200 in the year of application; and e) submit all relevant documentation to the Treasurer. 3) The following conditions apply to deferred taxes: a) The deferred taxes must be repaid in full as soon as: 1) the property is sold; ii) on tax sale of the property; iii) the owner dies; iv) the owner's of title to the property is transferred (excluding transfer of ownership to spouse) and before the proceeds of sale are disbursed; or v) when the property or owner ceases to be eligible under the criteria established by the by -law including when an application for GIS or ODSP is rejected. b) Tax relief amounts under municipal by -laws are not transferable to others or the estates of deceased owners. c) No interest charges shall accrue on property taxes deferred pursuant to this by -law. 4) The following limits apply to any deferral under this by -law: a) Only current taxes but not tax arrears or outstanding taxes can be deferred. b) Only one deferral granted per owner per eligible property. c) The tax increase must be greater than $200. d) The accumulated amount of the tax deferral cannot exceed 50% of the current assessed value of the property. 5) All applicants for tax deferrals under this by -law shall submit an application and provide all supporting documentation in a form satisfactory to the Treasurer including: a) proof of age as applicable; b) proof of receipt of GIS or ODSP payments as applicable; and c) permitting the local municipality to independently verify all documentation provided in an application. 6) That this by -law shall come into force and take effect on January 1, 2006 at which time Regional Municipality of Niagara By -law 87 -2001 shall be repealed. Passed: THE REGIONAL MUNICIPALITY OF NIAGARA (Peter Partington, Regional Chair) (Pam Gilroy, Regional Clerk/ Associate Director of Corporate Strategy) Bill 96 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO„ 96-2006 A BY-LAW TO ESTABLISH CRITERIA FOR APPLICATIONS FOR TAX DEFERRALS BY LOW-INCOME SENIORS AND LOW-INCOME DISABLED PERSONS WHEREAS Section 319 of the Municipal Act, 2001 S.O. 2001 C. 25 as amended, requires the Regional Municipality of Niagara to pass a by -law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 1 and subsequent years on property in the residential property class for persons assessed as owners who are, or Whose spouses 'are, (a) low-income seniors as defined in the by -law; or (b) low- income persons with disabilities as defined in the by -law. THEREFORE the Council of The Regional Municipality of Niagara enacts as follow: 1) in this by -law: "flax increase" is the difference between the annual taxes levied on the property in the preceding year and the annual taxes levied in the current year; "eligible deferral amount means that part of the tax increase for the taxation year in which the application is made which is in excess of two hundred dollars ($200.00); "Treasurer" Means. the Treasurer of the lower-tier municipality within which an eligible property is located; "eligible property" means the '.owner's principal residence which is in the residential property class and for which all property taxes have been paid in full; "principal residence" is as defined by the Income Tax Act; "residential property class" is as defined by the Assessment Act, R,S.O. 1990, c., A.31, as amended and the regulations thereto; Bill 96 "owner" means an individual who owns eligible property and who is, or whose spouse or same-sex partner is: i) at least 65 years of age and in receipt of, or has made application for the monthly Guaranteed Income Supplement (GIS) provided under Part If of the Old Age Security Act (Canada); or ii) disabled and in receipt of, or has made application for, benefits under the Ontario Disability Support Program (ODSP)., 2. To be eligible for a property tax deferral, the owner: a) must occupy the property, within the Regional Municipality of Niagara, as his/her principal residence for the full year for which the tax deferral is sought; b) Must have owned a residential property within the Regional Municipality of Niagara for a period of at least one year preceding the application; c) ensure that the property taxes on the eligible property have been paid in full for the tax years proceeding the application; d) must be responsible to pay a tax increase of at least $200 in the year of application; and e) submit all relevant documentation to the Treasurer, 3) The following conditions apply deferred taxes: a) The deferred taxes must be repaid in full as soon as: i) the property is sold; ii) on tax sale of the property; iii) the owner dies; iv) the owner's of title to the property is transferred (excluding transfer of ownership to spouse) and before the proceeds of sale are disbursed; or v) when the property or owner ceases to be eligible under the criteria established by the bylaw including when an application for GIS. or ODSP is rejected. b) Tax relief amounts under municipal by -laws are not transferable.to others or the estates of deceased owners„ c) No interest charges shall accrue on property taxes deferred pursuant to this by -law. 4) The following limits apply to any deferral under this by -law: a) y current taxes but not tax arrears or outstanding taxes can be deferred. b) Only one deferral granted per owner per eligible property per year. c) The tax increase must be greater than $200. d) The accumulated amount of the tax deferral cannot exceed 50% of the current assessed value of the property. Bill 96 5) All applicants for tax deferrals under this by -law shall submit an application and provide all supporting documentation in a form satisfactory to the Treasurer including: a) proof of age as applicable; b) proof of receipt of GIS or ODSP payments as applicable; and c) permitting the local municipality to independently verify all documentation provided in an application.. 6) That this by-law shall come into force and take effect on January 1, 2006 at which time Regional Municipality of Niagara By -law 87 -2001 shall be repealed.. Passed: October 19, 2006 THE REGIONAL MUNICIPALITY OF NIAGARA (Peter Partington, Re nal ii ha r (Pam Gilroy, Regional Clerk) The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Corporate Services Department F- 2006 -56 Finance Division 4310 Queen Street F.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca November 20, 2006 Re: F- 2006 -56 2007 Reimbursable Mileage Two -Tier Rates RECOMMENDATION: Kenneth E. Burden Director That effective January 1, 2007, the reimbursable mileage rate payable to City employees who use their personal automobiles on City business, be established at $0.50 per kilometre for the first 5,000 kilometres driven and $0.44 per km for all kilometres above 5,000. This report presents the annual review of the reimbursable rate per kilometre for employees who use their personal vehicles on behalf of the City. The annual review usually follows the Region of Niagara's practice of determining the reimbursable rate. During 2006, the Regional Council approved the adoption of the 2006 two -tier reimbursable mileage rate maximums as provided by the Department of Finance and enforced by the Canada Revenue Agency. This significant change resulted from three considerations: 1. To ensure compliance to the Canada Revenue Agency's employee taxable benefit rules. 2. The previous method of determining the reimbursable rate depended upon the Canadian Association of Automobiles' procedure for the valuation of relevant costs. CAA has discontinued the provision of this information. 3. The use of the two -tier rate provided by the Canada Revenue Agency effectively transfers the control over rate setting to the federal level of government. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 F- 2006 -56 For 2007, the rates are based on the 2006 two -tier reimbursable mileage rate maximums as provided by the Department of Finance and enforced by the Canada Revenue Agency. Staff will continue to monitor the bulletins from the Canada Revenue Agency as they may impact the reimbursable mileage rate. Recommended by: Respectfully submitted: K. E. Burden Director of Finance Approved by: T. Ravend Executive Director of Corporate Services hn MacDonald hief Administrative Officer The City of Niagara Falls Canada i' Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: K. E. Burden Director of Finance Approved by: f (eT. Raven Executive Director of Corporate Services Corporate Services Department F 2006 57 Re: F- 2006 -57 Municipal Accounts November 20, 2006 That Council approve the municipal accounts totaling $25,974,363.01 for the period October 4, 2006 to November 7, 2006. The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Respectfully submitted: ‘44„V 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 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1526851 ONTARIO INC 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 461426 ONTARIO LIMITED 464586 ONTARIO LTD O/A LITE BROS LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 984265 ONTARIO LTD AKA CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A L G SAFETY ACA ENGINEERING SERVICES ACKLANDS GRAINGER INC ACKLANDS GRAINGER INC ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALLAN FYFE EQUIPMENT LTD ALLIED MEDICAL INSTRUMENTS ALZHEIMER SOCIETY AMCTO AMEC EARTH ENVIRONMENTAL ANCASTER PAVING LIMITED ANDERSON,JARET ANDERSON,ROSALIND ANDREWS,DON ANTHONY LAWSON AUDIO ANTONIO,CHUCK ANTONIO,CHUCK ANTONIO,LISA AQUICON CONSTRUCTION CO LTD ARAMARK REFRESHMENT SERVICES !ARCHAEOLOGICAL SERVICES INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARMTEC LIMITED ARSON NIAGARA COMMITTEE ASHLAND CANADA CORP ASHTON,LYNDON ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF MUNICIPALITIES OF ONTARIO AP5200 Cheque No. Cheque Date Purpose 305670 07- Nov -2006 CONTRACT SERVICES 305494 31- Oct -2006 REFUND 304973 10- Oct -2006 REMITTANCE 305671 07 -Nov -2006 CONTRACT SERVICES 305495 31 -Oct -2006 REFUND 305141 17 -Oct -2006 MATERIALS 304974 10- Oct -2006 MATERIALS 305496 31- Oct -2006 MATERIALS 305672 07- Nov -2006 MATERIALS 305319 24- Oct -2006 CONTRACT SERVICES 305699 07 -Nov -2006 CONTRACT SERVICES 305322 24- Oct -2006 MATERIALS 305673 07- Nov -2006 CONSULTING SERVICES 305143 17 -Oct -2006 MATERIALS 305497 31- Oct -2006 MATERIALS 304975 10- Oct -2006 MATERIALS 304976 10- Oct -2006 CONTRACT SERVICES 305674 07- Nov -2006 CONTRACT SERVICES 305144 17 -Oct -2006 ADMINISTRATIVE 305498 31- Oct -2006 MATERIALS 304977 10 -Oct -2006 MAINTENANCE AND REPAIRS 305145 17 -Oct -2006 MAINTENANCE AND REPAIRS 305320 24- Oct -2006 CONTRACT SERVICES 305499 31 -Oct -2006 MAINTENANCE AND REPAIRS 305675 07- Nov -2006 MAINTENANCE AND REPAIRS 305676 07- Nov -2006 MATERIALS 304978 10- Oct -2006 ADMINISTRATIVE 304979 10 -Oct -2006 CONTRACT SERVICES 304980 10- Oct -2006 CONTRACT SERVICES 304981 10- Oct -2006 CONTRACT SERVICES 305146 17 -Oct -2006 CONTRACT SERVICES 305321 24 -Oct -2006 CONTRACT SERVICES 305500 31 -Oct -2006 CONTRACT SERVICES 305677 07- Nov -2006 CONTRACT SERVICES 305678 07- Nov -2006 MATERIALS 305323 24-Oct -2006 MATERIALS 305147 17- Oct -2006 MATERIALS 305324 24- Oct -2006 REMITTANCE 305325 24 -Oct -2006 ADMINISTRATIVE 305326 24 -Oct -2006 CONTRACT SERVICES 305327 24- Oct -2006 MAINTENANCE AND REPAIRS 305679 07- Nov -2006 MATERIALS 304982 10 -Oct -2006 REFUND 305680 07- Nov -2006 REFUND 305585 31 -Oct -2006 MATERIALS 304983 10 -Oct -2006 ADMINISTRATIVE 305681 07- Nov -2006 ADMINISTRATIVE 305862 08- Nov -2006 REMITTANCE 305501 31 -Oct -2006 CONTRACT SERVICES 305328 24 -Oct -2006 SUPPLIES 305682 07- Nov -2006 CONSULTING SERVICES 305683 07- Nov -2006 MAINTENANCE AND REPAIRS 305148 17 -Oct -2006 MAINTENANCE AND REPAIRS 305329 24- Oct -2006 MATERIALS 304984 10-Oct -2006 REMITTANCE 305330 24- Oct -2006 MATERIALS 305863 08- Nov -2006 REMITTANCE 305150 17 -Oct -2006 CONSULTING SERVICES 305502 31 -Oct -2006 REMITTANCE Page 1 Amount 8,914.10 730.62 44.90 163.79 61.92 53.01 147.64 239.56 356.16 164,419.94: 87,824.02 142.50 799.77 346.19 96.86 121.64 699.60 821.50 37.53 88.69 3,023.79 174.80 85.07 1,825.97 226.84 20.17 60.70 5,300.00 488,237.48 6,406.83 11,337.38 15,654.09 126,944.69 6,362.75 15.96 637.73 296.57 230.00 318.00 414.78 12,492.10 100.00 152.49 750.00 1,197.00 27.00 20.25 200.00 93,345.11 137.07 2,968.00 6,923.69 6,923.69 1,293.17 350.00 255.20 400.00 819.18 873.65 .'ITY OF NIAGARA FALLS VIUNICIPAL ACCOUNTS Vendor Name AUTODESK INC AVENUE ROOTS AVERTEX UTILITY SOLUTIONS INC AVMF DINNER DANCE AZTEC PICTURE FRAMES B B LIFT TRUCK SERVICE B'NAI TIKVAH BA CONSULING GROUP LTD BA CONSULTING GROUP LTD BAIN PRINTING BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BARCLAY TODD'S BARCLAY TODD'S BARCLAY TODD'S BARCLAY TODD'S BARNSLEY,JOHN BARRETT,THERESA BARRY BRYAN ASSOCIATES (1991) LTD 3ATEMAN,DOLORES 3ATTISTA,KEVIN 3BP ENTERPRISES 3D0 DUNWOODY LTD 3EAMAN,KEN 3EAMAN,KEN 3EHRENDS BRONZE INC 3ELL CANADA 3ELL CANADA 3ELL CANADA 3ELL CANADA 3ELL CANADA 3ELL CANADA 3ELL MOBILITY 3ELL MOBILITY PAGING 3ENSON,MARTIN 3ERARDI,FRANCESCA 3EST WESTERN CAIRN CROFT HOTEL 3ETTY'S RESTAURANT 3ETTY'S RESTAURANT 3IRMINGHAM FIRE CONTROL 3ISHANSKY,BEATRICE 3ISHANSKY,JACK 3LOOMING MUSKOKA 3LP BRONZE INTERN LTD 30B ROBINSON SON 3ORDEN LADNER GERVAIS 3OYS GIRLS CLUB OF NIAGARA 3RANT,JENNIFER 3RITISH AUTO SUPPLY 3ROCK,NANCY 3ROCK AUTOMOTIVE 1ROCK AUTOMOTIVE 3RODERICK PARTNERS 3RODERICK PARTNERS 3RODERICK PARTNERS 3ROMAC CONST ENG LTD 3ROOK MCILROY INC 3ROOK MCILROY INC AP5200 Cheque No. Cheque Date Purpose 305503 31 -Oct -2006 CONTRACT SERVICES 305504 31 -Oct -2006 CONTRACT SERVICES 304985 10- Oct -2006 CONTRACT SERVICES 305331 24-Oct -2006 ADMINISTRATIVE 305505 31 -Oct -2006 MATERIALS 305685 07- Nov -2006 MAINTENANCE AND REPAIRS 305668 06- Nov -2006 REMITTANCE 305151 17 -Oct -2006 CONSULTING SERVICES 305506 31 -Oct -2006 CONSULTING SERVICES 305152 17- Oct -2006 MATERIALS 304986 10- Oct -2006 REFUND 305153 17 -Oct -2006 REFUND 305507 31- Oct -2006 REFUND 305154 17- Oct -2006 MATERIALS 305332 24- Oct -2006 MATERIALS 305508 31- Oct -2006 MATERIALS 305684 07- Nov -2006 SUPPLIES 305509 31- Oct -2006 ADMINISTRATIVE 305510 31 -Oct -2006 REFUND 305155 17- Oct -2006 CONSULTING SERVICES 304987 10- Oct -2006 ADMINISTRATIVE 305333 24- Oct -2006 REFUND 305334 24- Oct -2006 ADMINISTRATIVE 305686 07- Nov -2006 MATERIALS 305511 31- Oct -2006 ADMINISTRATIVE 305687 07- Nov -2006 ADMINISTRATIVE 305335 24 -Oct -2006 MATERIALS 304988 10- Oct -2006 UTILITIES 305157 17- Oct -2006 UTILITIES 305158 17- Oct -2006 UTILITIES 305159 17- Oct -2006 UTILITIES 305336 24- Oct -2006 UTILITIES 305513 31 -Oct -2006 UTILITIES 305160 17 -Oct -2006 UTILITIES 305161 17 -Oct -2006 UTILITIES 304989 10- Oct -2006 MATERIALS 305688 07- Nov -2006 ADMINISTRATIVE 305689 07- Nov -2006 REMITTANCE 305162 17- Oct -2006 ADMINISTRATIVE 305690 07- Nov -2006 MATERIALS 305515 31 -Oct -2006 MAINTENANCE AND REPAIRS 305865 08- Nov -2006 REMITTANCE 305864 08- Nov -2006 REMITTANCE 305163 17 -Oct -2006 MATERIALS 305337 24- Oct -2006 MATERIALS 304990 10- Oct -2006 CONTRACT SERVICES 305516 31- Oct -2006 CONSULTING SERVICES 305338 24 -Oct -2006 GRANT 305517 31 -Oct -2006 REMITTANCE 305518 31 -Oct -2006 MATERIALS 305866 08- Nov -2006 REMITTANCE 305339 24- Oct -2006 MATERIALS 305691 07- Nov -2006 MATERIALS 304991 10- Oct -2006 CONSULTING SERVICES 305318 20 -Oct -2006 ADMINISTRATIVE 305520 31 -Oct -2006 CONSULTING SERVICES 305340 24- Oct -2006 CONTRACT SERVICES 305164 17 -Oct -2006 CONTRACT SERVICES 305693 07- Nov -2006 CONSULTING SERVICES Page 2 Amount 10,915.80 1,585.76 1,908.00 320.00 359.10 234.06 240.00 8,223.75 16,968.37 136.80 387.09 100.00 181.05 138.47 82.29 465.40 86.85 59.08 7.51 12,183.00 102.00 750.00 1,000.00 23.23 259.87 110.97 1,230.50 8,392.95 562.33 228.00 155.46 70.95 8,828.12 499.17 40.94 50.00 115.21 548.25 300.00 300.00 1,027.50 440.00 440.00 124.26 588.51 530.00 26,045.73 17,500.00 100.00 509.85 200.00 583.79 56.88 879.80 1,642.87 572.67 149,144.01 15,326.61 15,326.61 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BROOKS,JOAN BRZOZOWSKI,ANDREW BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BURKE,ALICE BURKE,LINDA BURKE,PATRICK BUSINESS EDUCATION COUNCIL OF NIAGARA BUSINESS SUPPLY NETWORK C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CANADA. LAW BOOK CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CAPORICCI,ROBB CARDINAL COURIERS LTD CARRICK,MARZENNA CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CENTENNIAL CONSTRUCTION CENTENNIAL CONSTRUCTION CH2M HILL CANADA LTD CHAMBERLAIN,RICHARD& CHAMBERLAIN, DONNA CHAMBERS,TANNER CHAMBERS WATER HAULAGE INC CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,BETTY CHASE,G CHEVY LANE FABRICATIONS CHIECA,LUCIANO CHIECA,LUCIANO :ABC CICCARELI,ROSA CIT FINANCIAL LTD WIT FINANCIAL LTD 7IT FINANCIAL LTD "ITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS :ITY OF ST CATHARINES AP5200 Cheque No. Cheque Date Purpose 305867 08- Nov -2006 REMITTANCE 304992 10 -Oct -2006 MATERIALS 304993 10- Oct -2006 SUPPLIES 305165 17- Oct -2006 MATERIALS 305341 24- Oct -2006 MATERIALS 305694 07- Nov -2006 SUPPLIES 304994 10- Oct -2006 ADMINISTRATIVE 305868 08- Nov -2006 REMITTANCE 304995 10- Oct -2006 MATERIALS 305521 31- Oct -2006 MATERIALS 305342 24 -Oct -2006 MATERIALS 305013 10 -Oct -2006 MATERIALS 305362 24- Oct -2006 EQUIPMENT 305708 07- Nov -2006 MATERIALS 305166 17- Oct -2006 MATERIALS 304996 10- Oct -2006 MAINTENANCE AND REPAIRS 305343 24- Oct -2006 MAINTENANCE AND REPAIRS 305695 07- Nov -2006 MAINTENANCE AND REPAIRS 305167 17- Oct -2006 CONTRACT SERVICES 305344 24 -Oct -2006 CONTRACT SERVICES 305523 31- Oct -2006 REMITTANCE 304997 10- Oct -2006 CONTRACT SERVICES 305168 17- Oct -2006 MATERIALS 305345 24- Oct -2006 CONTRACT SERVICES 305346 24 -Oct -2006 CONTRACT SERVICES 305524 31 -Oct -2006 CONTRACT SERVICES 305347 24- Oct -2006 REMITTANCE 304998 10- Oct -2006 MATERIALS 305696 07- Nov -2006 ADMINISTRATIVE 305169 17- Oct -2006 MATERIALS 305348 24- Oct -2006 MATERIALS 305349 24- Oct -2006 LEASES AND RENTS 305170 17- Oct -2006 CONTRACT SERVICES 305350 24- Oct -2006 CONTRACT SERVICES 305351 24 -Oct -2006 CONTRACT SERVICES 305526 31 -Oct -2006 REFUND 305000 10- Oct -2006 MATERIALS 305171 17- Oct -2006 CONTRACT SERVICES 305352 24- Oct -2006 CONTRACT SERVICES 305001 10- Oct -2006 MATERIALS 305172 17- Oct -2006 MATERIALS 305353 24 -Oct -2006 MATERIALS 305527 31 -Oct -2006 MATERIALS 305697 07- Nov -2006 MATERIALS 305869 08- Nov -2006 REMITTANCE 305493 26- Oct -2006 MATERIALS 305528 31- Oct -2006 MATERIALS 305002 10 -Oct -2006 ADMINISTRATIVE 305354 24- Oct -2006 REFUND 305173 17-Oct -2006 REFUND 305698 07- Nov -2006 REFUND 305003 10 -Oct -2006 LEASES AND RENTS 305529 31 -Oct -2006 REMITTANCE 305700 07- Nov -2006 LEASES AND RENTS 305530 31 -Oct -2006 LEASES AND RENTS 305004 10- Oct -2006 MATERIALS 305355 24 -Oct -2006 REMITTANCE 305356 24 -Oct -2006 ADMINISTRATIVE 305531 31- Oct -2006 LEASES AND RENTS Page 3 Amount 400.00 500.00 1,043.94 1,190.85 262.20 950.82 18.00 200.00 165.16 175.00 175.00 10,681.62 6,807.32 5,911.62 976.42 179.94 222.60 280.91 3,082.72 3,082.72 187.62 910.33 26,292.96 146.79 4,022.06 2,760.24 45.00 27.80 60.35 140.19 324.90 739.86 2,782.50 10,666.25 12,115.60 674.56 50.00 40.00 40.00 43.77 458.36 20.37 1,838.38 83.76 440.00 1 ,736.79 2,154.60 339.82 150.00 35.26 950.95 889.20 107.64 10,034.42 97.47 120,858.98 29,577.15 597.68 2,340.00 `ITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CLARK,WILLIAM CLASS A FIRE RESCUE CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CLAYDON,JEFF CLIFTON HILL BIA CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COIN -OP LAUNDRY EQUIPMENT COLBOURNE,LINDA COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM COSTELLO,BRIAN COSTELLO,JENNIFER COTTON INC COTTON INC COTTON INC COTTON INC COTTON INC COULTER WATER METER SERVICE INC COUNTER TOP SERVICE CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD SMITH SWALLOW CULLIGAN CUMMINGS,DAN CUMMINGS,LEANNE CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 COPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN CYGNAL TECHNOLOGIES CORP T46181 DALACU,NICOLAE PETER& DALACU, AGNETA DALIMONTE,JOE DARK,TRENT DAY TIMERS OF CANADA LTD DE YOUNG,JENNIFER DECKER,PAT DEEP STEAM DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DELPHI BANQUET FACILITIES DENCO ENGINEERING LTD DESIGN ELECTRONICS DESIGN ELECTRONICS DETENBECK,DARRYL DF BROWN ROOFING D1BIASI,AN DICKSON,B Cheque No. Cheque Date Purpose 305005 305175 305176 305006 305702 305532 305177 305007 305178 305357 305533 305703 305358 305179 305008 305359 305704 305535 305705 305870 305009 305180 305360 305536 305706 305010 305011 305181 305361 305707 305012 305709 305871 305872 305014 305182 305363 305538 305710 305364 305539 305015 305540 305365 305366 305315 305367 305016 305541 305542 305711 305183 305543 305544 305712 305713 305368 305714 305369 10 -Oct -2006 17- Oct -2006 17- Oct -2006 10-Oct -2006 07- Nov -2006 31- Oct -2006 17 -Oct -2006 10 -Oct -2006 17 -Oct -2006 24 -Oct -2006 31 -Oct -2006 07- Nov -2006 24 -Oct -2006 17 -Oct -2006 10- Oct -2006 24 -Oct -2006 07- Nov -2006 31- Oct -2006 07- Nov -2006 08- Nov -2006 10- Oct -2006 17 -Oct -2006 24- Oct -2006 31- Oct -2006 07- Nov -2006 10-Oct -2006 10 -Oct -2006 17-Oct -2006 24- Oct -2006 07- Nov -2006 10- Oct -2006 07- Nov -2006 08-Nov -2006 08- Nov -2006 10-Oct -2006 17 -Oct -2006 24- Oct -2006 31 -Oct -2006 07- Nov -2006 24 -Oct -2006 31 -Oct -2006 10- Oct -2006 31 -Oct -2006 24- Oct -2006 24 -Oct -2006 18 -Oct -2006 24 -Oct -2006 10- Oct -2006 31 -Oct -2006 31 -Oct -2006 07- Nov -2006 17 -Oct -2006 31 -Oct -2006 31- Oct -2006 07- Nov -2006 07- Nov -2006 24 -Oct -2006 07- Nov -2006 24-Oct -2006 AP5200 REFUND MATERIALS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REMITTANCE MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES EQUIPMENT REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE REMITTANCE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES MAINTENANCE AND REPAIRS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS REFUND REFUND MATERIALS MATERIALS REFUND SUPPLIES MAINTENANCE AND REPAIRS CONSULTING SERVICES MATERIALS CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS REFUND REFUND Page 4 Amount 150.00 3,448.72 390.08 106.77 86.09 5,500.00 453.72 136.59 598.44 170.34 105.95 136.59 7,623.75 148.01 22,042.90 17,318.22 17,1 28.27 742.00 165.85 200.00 1,213.76 987.39 2,240.60 2,455.56 1,834.47 808.54 285.00 1,379.40 2,126.60 970.20 19,716.00 295.74 440.00 440.00 3,315.00 3,357.45 3,563.03 3,574.28 3,482.24 500.00 2,970.00 642.10 150.00 1,123.34 32.39 100.00 50.22 83.74 28,730.03 2,831.62 29,468.62 420.88 5,824.77 85.60 5,214.60 750.00 17,755.00 1,000.00 102.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DIPARDO,LIBERATO DIRECT EQUIPMENT LTD DIRECT IT CANADA INC DMA PLANNING MAN SERVICES DOBBIES FLORIST LTD DOBBIN,DEBI DOWNTOWN BOARD OF MANAGEMENT DREN,KARL DUERKSEN,ANGELA DUERKSEN,ANGELA DUJLOVIC,ED DYNAMO INDUSTRIES INC E E PROCESS INSTRUMENTATION E R LAWN EQUIPMENT E3 LABORATORIES EARTH TECH CANADA INC ELIA,CHRISTINE ELIA,THERESA ELLIS ENGINEERING INC EMCO LIMITED DISTRIBUTION ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLSVIEW BIA FARR FORD LTD FEHRS TROPHY ENGRAVING FELICETTI,ANNY FENTON,FRANK FERA,TINA FEREN SIGNS AWNINGS LTD FEREN SIGNS AWNINGS LTD FIELD OF DREAMS FIRE MARSHALS PUBLIC FIRE SAFETY COUNCILS DIS FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FLEETWOOD MARKETING FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD =LEXO PRODUCTS LTD FLEXO PRODUCTS LTD AP5200 Cheque No. Cheque Date Purpose 305017 10- Oct -2006 REFUND 305018 10 -Oct -2006 MAINTENANCE AND REPAIRS 305715 07- Nov -2006 MATERIALS 305370 24 -Oct -2006 CONSULTING SERVICES 305371 24- Oct -2006 MATERIALS 305898 08- Nov -2006 REMITTANCE 305545 31 -Oct -2006 REMITTANCE 305716 07- Nov -2006 ADMINISTRATIVE 305546 31 -Oct -2006 ADMINISTRATIVE 305873 08 -Nov -2006 REMITTANCE 305717 07- Nov -2006 ADMINISTRATIVE 305718 07- Nov -2006 MATERIALS 305184 17- Oct -2006 MATERIALS 305856 08- Nov -2006 REFUND 305372 24- Oct -2006 CONTRACT SERVICES 305373 24 -Oct -2006 CONSULTING SERVICES 305720 07- Nov -2006 REMITTANCE 305874 08 -Nov -2006 REMITTANCE 305020 10- Oct -2006 CONSULTING SERVICES 305547 31- Oct -2006 MATERIALS 305021 10- Oct -2006 UTILITIES 305185 17- Oct -2006 UTILITIES 305374 24- Oct -2006 UTILITIES 305548 31- Oct -2006 UTILITIES 305721 07- Nov -2006 UTILITIES 305722 07- Nov -2006 CONTRACT SERVICES 305022 10- Oct -2006 ADMINISTRATIVE 305023 10- Oct -2006 MATERIALS 305186 17 -Oct -2006 MATERIALS 305375 24- Oct -2006 MATERIALS 305549 31- Oct -2006 MATERIALS 305024 10 -Oct -2006 MAINTENANCE AND REPAIRS 305187 17 -Oct -2006 MATERIALS 305723 07- Nov -2006 MAINTENANCE AND REPAIRS 305188 17 -Oct -2006 ADMINISTRATIVE 305189 17- Oct -2006 MAINTENANCE AND REPAIRS 305376 24 -Oct -2006 MATERIALS 305724 07- Nov -2006 MAINTENANCE AND REPAIRS 305190 17- Oct -2006 MATERIALS 305551 31- Oct -2006 SUPPLIES 305725 07- Nov -2006 SUPPLIES 305550 31 -Oct -2006 REMITTANCE 305191 17- Oct -2006 MATERIALS 305552 31- Oct -2006 MATERIALS 305192 17- Oct -2006 ADMINISTRATIVE 305726 07 -Nov -2006 REFUND 305284 17 -Oct -2006 REFUND 305193 17- Oct -2006 MATERIALS 305727 07- Nov -2006 MATERIALS 305553 31 -Oct -2006 MATERIALS 305194 17 -Oct -2006 MATERIALS 305377 24- Oct -2006 CONTRACT SERVICES 305728 07- Nov -2006 CONTRACT SERVICES 305025 10-Oct -2006 MATERIALS 305857 08- Nov -2006 REMITTANCE 305026 10- Oct -2006 MATERIALS 305195 17- Oct -2006 MATERIALS 305378 24 -Oct -2006 MATERIALS 305554 31 -Oct -2006 MATERIALS Page 5 Amount 131.09 752.39 33, 909.00 3,498.00 68.74 200.00 45,000.00 277.25 284.82 400.00 216.06 2,473.80 2,236.62 500.00 2,150.89 17,153.12 300.00 400.00 3,815.15 333.11 46.64 3,534.67 1,128.01 23.32 65.20 78,813.16 288.05 951.31 6,124.18 10,984.83 4,323.67 116.60 116.60 424.00 808.14 1,136.08 182.32 709.38 1,145.95 1,282.32 314.32 125,000.00 532.25 1,948.00 750.38 750.00 750.00 739.15 284.43 892.62 130.86 275.60 142.57 573.50 553.05 1,419.46 487.94 406.98 3,230.12 aITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FOLEY'S STUDIO FOREVER YOUNG FORGETFULLL DEE CLOWN AND FRIENDS FORTE,VINCENT& FORTE, KAREN FORTUNA,EVA FORTUNA,EVA& FORTUNA, ANDREW FRANCOTYP POSTALIA CANADA FRANK COWAN COMPANY LIMITED FRASER,BRIAN J FRED GIESSLER ELECTRICAL LTD FUTINO,ANTHONY G K SERVICES CANADA INC GALELLA,FRANK GALES GAS BARS GALT MACHINE KNIFE SAW GAULD NURSERIES LTD GAULD NURSERIES LTD GAULEY,ROBERT GAULEY,ROBERT GERRIE ELECTRIC WHOLESALE LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLAVIC,MILENA GNGH FOUNDATION GOFORTH,HANYA GOWLING LAFLEUR HENDERSON LLP GRAFTON UTILITY SUPPLY LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HAMDANI DRYCLEANERS LTD HAMDANI DRYCLEANERS LTD HAMILTON,LOUISE HANTZIAGELIS,LENA HARD ROCK CONST INC NARPER,TOBY IAYGAR ENTERPRISES NECO HECO NECO NECO HERITAGE MEMORIALS OF PERTH COUNTY LTD HICKS MORLEY HAMILTON STEWART STORIE LLP -$OCO LIMITED HODAN INVESTMENT CORPORATION HODGSON CUSTOM ROLLING AP5200 Cheque No. Cheque Date Purpose 305555 31 -Oct -2006 MATERIALS 305196 17 -Oct -2006 MATERIALS 305379 24- Oct -2006 CONTRACT SERVICES 305556 31- Oct -2006 REFUND 305729 07- Nov -2006 REFUND 305730 07- Nov -2006 REFUND 305197 17- Oct -2006 MATERIALS 305731 07- Nov -2006 ADMINISTRATIVE 305380 24- Oct -2006 REFUND 305557 31- Oct -2006 MAINTENANCE AND REPAIRS 305381 24 -Oct -2006 REFUND 305199 17- Oct -2006 MATERIALS 305732 07- Nov -2006 ADMINISTRATIVE 305198 17- Oct -2006 MATERIALS 305382 24- Oct -2006 MATERIALS 305558 31- Oct -2006 MATERIALS 305733 07- Nov -2006 MATERIALS 305383 24- Oct -2006 MATERIALS 305734 07- Nov -2006 ADMINISTRATIVE 305384 24- Oct -2006 MATERIALS 305028 10- Oct -2006 MATERIALS 305200 17- Oct -2006 MATERIALS 305385 24- Oct -2006 MATERIALS 305559 31 -Oct -2006 MATERIALS 305735 07- Nov -2006 MATERIALS 305875 08- Nov -2006 REMITTANCE 305388 24- Oct -2006 GRANT 305201 17 -Oct -2006 ADMINISTRATIVE 305560 31- Oct -2006 CONSULTING SERVICES 305561 31 -Oct -2006 MATERIALS 305029 10-Oct -2006 MATERIALS 305202 17- Oct -2006 MATERIALS 305386 24- Oct -2006 MATERIALS 305736 07- Nov -2006 MATERIALS 305387 24- Oct -2006 REMITTANCE 305030 10- Oct -2006 REMITTANCE 305203 17- Oct -2006 CONTRACT SERVICES 305031 10- Oct -2006 MATERIALS 305738 07- Nov -2006 MATERIALS 305032 10 -Oct -2006 LEASES AND RENTS 305563 31 -Oct -2006 LEASES AND RENTS 305390 24 -Oct -2006 CONTRACT SERVICES 305564 31 -Oct -2006 MATERIALS 305204 17 -Oct -2006 CONTRACT SERVICES 305391 24 -Oct -2006 CONTRACT SERVICES 305565 31 -Oct -2006 REFUND 305876 08- Nov -2006 REMITTANCE 305392 24 -Oct -2006 MATERIALS 305739 07 -Nov -2006 REFUND 305566 31 -Oct -2006 MATERIALS 305033 10 -Oct -2006 MAINTENANCE AND REPAIRS 305206 17- Oct -2006 CONTRACT SERVICES 305393 24 -Oct -2006 CONTRACT SERVICES 305567 31 -Oct -2006 CONTRACT SERVICES 305740 07- Nov -2006 MAINTENANCE AND REPAIRS 305034 10 -Oct -2006 CONSULTING SERVICES 305568 31 -Oct -2006 REFUND 305569 31 -Oct -2006 REFUND 305394 24-Oct -2006 MATERIALS Page 6 Amount 369.08 31.79 500.00 173.44 2,000.00 750.00 201.78 22,670.90 761.00 383.84 750.00 102.23 140.00 137.00 139.08 1,710.00 399.00 106.34 53.59 213.75 3,286.68 8,301.52 9,800.37 1,923.68 401.67 200.00 50,000.00 24.48 8,374.00 2,353.11 2,766.72 132.27 965.08 970.21 58.40 329.20 411.50 1,065.33 1,173.75 1,576.05 627.00 692.55 147.06 126.25 17.74 163.54 1,000.00 1,911.93 250.00 1,238.40 396.98 886.76 2,095.68 636.02 23,214.00 1,967.53 106,724.60 13,595.27 3,773.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HOLMAN,GEOFF HR PROACTIVE INC HUMMELL,HAROLD HUMMELL,HAROLD HY GRADE PRECAST CONCRETE HYDRO ONE NETWORKS INC IMAGISTICS CANADA INC IMPRINTEX CUSTOM APPAREL IN2ITIVE GROUP INC IN2ITIVE GROUP INC IORFIDA,RAE IORFIDA,SAM ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD J &B J J MACKAY CANADA LTD JACKSON, DAVE JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JENNKAR MECHANICAL LIMITED JOHN HARRIMAN JONES,DON JUPITER GLOBAL INC KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KARGO PROPERTIES INC KELLY,KAREN KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KENNEDY,JOHN KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KNEABONE,ELISABETH KRONSTEIN,MARK KUCHYT,TOM KUHLING,HEDWIG URSULA KUIPERS,JANET KUMAR,ASHISH& GUPTA, SAJEEV LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFRENIERE,PETER LAVINE,LOTTIE LEBRASSEUR,LANGIS LEE JOON,HYUNG LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LINDSAY PRESS LINK WIRELESS COMMUNICATION _ISI,LUCIANO .OWE,BUDDY _UNDY'S LANE BIA VI L SUPPLY FIRE AND SAFETY II L SUPPLY FIRE AND SAFETY VI J DUMONT ENTERPRISES LTD vIADD AP5200 Cheque No. Cheque Date Purpose 305741 07 -Nov -2006 ADMINISTRATIVE 305207 17 -Oct -2006 ADMINISTRATIVE 305035 10 -Oct -2006 ADMINISTRATIVE 305742 07- Nov -2006 ADMINISTRATIVE 305036 10- Oct -2006 MATERIALS 305314 18 -Oct -2006 ADMINISTRATIVE 305396 24 -Oct -2006 MATERIALS 305745 07- Nov -2006 MATERIALS 305397 24- Oct -2006 MATERIALS 305746 07- Nov -2006 MATERIALS 305878 08- Nov -2006 REMITTANCE 305877 08- Nov -2006 REMITTANCE 305209 17- Oct -2006 MATERIALS 305571 31 -Oct -2006 MATERIALS 305747 07- Nov -2006 MATERIALS 305399 24- Oct -2006 ADMINISTRATIVE 305212 17- Oct -2006 MATERIALS 305211 17 -Oct -2006 ADMINISTRATIVE 305040 10- Oct -2006 CONSULTING SERVICES 305041 10 -Oct -2006 MAINTENANCE AND REPAIRS 305400 24- Oct -2006 REFUND 305574 31 -Oct -2006 CONSULTING SERVICES 305575 31- Oct -2006 ADMINISTRATIVE 305576 31 -Oct -2006 REFUND 305401 24- Oct -2006 MATERIALS 305577 31 -Oct -2006 MATERIALS 305749 07- Nov -2006 MATERIALS 305578 31 -Oct -2006 REFUND 305579 31- Oct -2006 ADMINISTRATIVE 305402 24 -Oct -2006 CONTRACT SERVICES 305750 07- Nov -2006 CONTRACT SERVICES 305751 07- Nov -2006 REFUND 305580 31- Oct -2006 CONSULTING SERVICES 305213 17 -Oct -2006 CONTRACT SERVICES 305404 24- Oct -2006 ADMINISTRATIVE 305042 10 -Oct -2006 ADMINISTRATIVE 305752 07- Nov -2006 ADMINISTRATIVE 305753 07- Nov -2006 REFUND 305754 07- Nov -2006 ADMINISTRATIVE 305581 31 -Oct -2006 REFUND 305214 17- Oct -2006 MATERIALS 305405 24- Oct -2006 MATERIALS 305582 31- Oct -2006 MATERIALS 305755 07- Nov -2006 MATERIALS 305583 31- Oct -2006 REFUND 305584 31 -Oct -2006 REFUND 305756 07- Nov -2006 REFUND 305406 24 -Oct -2006 REFUND 305407 24- Oct -2006 MATERIALS 305586 31- Oct -2006 MATERIALS 305217 17 -Oct -2006 MATERIALS 305045 10 -Oct -2006 MATERIALS 305759 07- Nov -2006 REFUND 305410 24-Oct -2006 ADMINISTRATIVE 305589 31 -Oct -2006 ADMINISTRATIVE 305060 10- Oct -2006 MATERIALS 305226 17- Oct -2006 MATERIALS 305770 07- Nov -2006 UTILITIES 305411 24 -Oct -2006 REMITTANCE Page 7 Amount 221.12 5,105.66 270.08 173.86 1,155.96 10,000.00 8.48 752.40 1,169.05 :2,920.03 440.00 440.00 535.76 690.80 279.28 58.30 163.55 177.24 23,844.40 210.00 65.00 776.25 178.69 598.45 6,669.00 283.02 1,736.87 545.24 191.60 12,017.05 21,511.80 750.00 12,522.23 238.50 25.00 30.00 370.52 202.24 144.32 547.38 497.96 640.24 160.06 658.02 400.52 248.60 750.00 125.00 345.04 95.67 1,173.20 142.50 300.00 710.60 67,500.00 1,418.96 2,143.37 649.80 371.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MAIN FERRY BIA MANCUSO,SAMUEL MARINE CLEAN LTD MARTIN,SHIRLEY& TAVENDER, BARBARA MARTIN,STAN MASLEK,JOVO MASON,HAROLD MASON,KATHLEEN MASON,NELSON MASSI,STEVE MATSON,HEATHER MATSON,LESLEY MATSON,WILLIAM MATTHEWS CAMERON HEYWOOD KERRY T HOWE Sl MATTHEWS CAMERON HEYWOOD KERRY T HOWE Sl MATTHEWS CANADA LTD MATTHEWS CANADA LTD MAVES,DIANE MAVES,JASON MAXWELL PAPER CANADA INC MAZZONE,SHIRLEY MCCARTHY,ALICE MCCONNELL,LUCILLE MCDONALD,ROB MCDONALD,ROB MCLEAN KERR LLP MCNAMARA,SUSAN ME OLSEN TITLES INC MEDCON MECHANICAL LTD MEDCON MECHANICAL LTD MERCER HUMAN RESOURCE CONSULTING METRO DEVELOPMENT MEYER,CHRISTEL MEYER,CHRISTEL MICIELLI,TONY MICRON INSTALLATIONS LIMITED 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 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 VIIRABELLI,SAM VIITCHELL,LOUIE MODERN LANDFILL INC MODERN LANDFILL INC AP5200 Cheque No. Cheque Date Purpose 305590 31 -Oct -2006 ADMINISTRATIVE 305879 08- Nov -2006 ADMINISTRATIVE 305046 10- Oct -2006 CONTRACT SERVICES 305591 31- Oct -2006 REFUND 305047 10 -Oct -2006 REFUND 305592 31- Oct -2006 REFUND 305880 08- Nov -2006 ADMINISTRATIVE 305881 08- Nov -2006 ADMINISTRATIVE 305412 24- Oct -2006 ADMINISTRATIVE 305593 31 -Oct -2006 REFUND 305882 08- Nov -2006 ADMINISTRATIVE 305896 08- Nov -2006 ADMINISTRATIVE 305884 08-Nov -2006 ADMINISTRATIVE 305048 10 -Oct -2006 CONSULTING SERVICES 305594 31 -Oct -2006 CONTRACT SERVICES 305049 10 -Oct -2006 MATERIALS 305413 24- Oct -2006 MATERIALS 305050 10 -Oct -2006 ADMINISTRATIVE 305595 31- Oct -2006 REFUND 305051 10- Oct -2006 MATERIALS 305885 08- Nov -2006 ADMINISTRATIVE 305886 08- Nov -2006 ADMINISTRATIVE 305052 10- Oct -2006 ADMINISTRATIVE 305219 17- Oct -2006 ADMINISTRATIVE 305760 07 -Nov -2006 ADMINISTRATIVE 305761 07- Nov -2006 CONTRACT SERVICES 305053 10 -Oct -2006 ADMINISTRATIVE 305055 10- Oct -2006 CONTRACT SERVICES 305054 10 -Oct -2006 CONTRACT SERVICES 305762 07- Nov -2006 MATERIALS 305763 07- Nov -2006 CONTRACT SERVICES 305596 31-Oct-2006 REFUND 305056 10 -Oct -2006 ADMINISTRATIVE 305221 17 -Oct -2006 REFUND 305057 10 -Oct -2006 REFUND 305222 17- Oct -2006 MAINTENANCE AND REPAIRS 305764 07- Nov -2006 ADMINISTRATIVE 305059 10- Oct -2006 REMITTANCE 305140 12- Oct -2006 REMITTANCE 305224 17 -Oct -2006 REMITTANCE 305225 17-Oct -2006 REMITTANCE 305317 20 -Oct -2006 REMITTANCE 305415 24 -Oct -2006 REMITTANCE 305416 24- Oct -2006 REMITTANCE 305417 24 -Oct -2006 REMITTANCE 305598 31- Oct -2006 REMITTANCE 305766 07 -Nov -2006 REMITTANCE 305767 07- Nov -2006 REMITTANCE 305768 07- Nov -2006 REMITTANCE 305769 07- Nov -2006 ADMINISTRATIVE 305058 10 -Oct -2006 REMITTANCE 305223 17 -Oct -2006 REMITTANCE 305414 24- Oct -2006 REMITTANCE 305597 31 -Oct -2006 REMITTANCE 305765 07- Nov -2006 REMITTANCE 305599 31 -Oct -2006 REFUND 305600 31 -Oct -2006 REFUND 305061 10- Oct -2006 CONTRACT SERVICES 305227 17 -Oct -2006 CONTRACT SERVICES Page 8 Amount 11,812.50 660.00 549.79 55.43 50.00 113.81 220.00 220.00 350.00 150.00 1,100.00 880.00 1,100.00 437.18 8,684.64 242.42 637.99 114.00 150.00 68.29 400.00 200.00 102.00 28.69 80.60 26,596.57 102.00 63.50 694.17 1,824.82 31,728.64 2,000.00 1,001.40 330.50 150.00 1,961.18 284.01 109.23 32,002.50 7,136.65 109.23 494.66 109.23 2,000.00 600.00 109.23 44,866.47 3,258.31 109.23 300.00 1,492.20 1,492.20 1,492.20 1,492.20 1,492.20 80.50 240.00 2,522.30 517.08 CITY OF NIAGARA FALLS AP5200 Page 9 MUNICIPAL ACCOUNTS Vendor Name MODERN LANDFILL INC MOHAMED,AWAD MONTCAP FINANCIAL CORPORATION MONTEITH -BROWN PLANNING CONSULTANTS MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MOROCCO,IONA MOROCCO,JOHN MOROCCO,RITA MORRISSEY,DENYSE MORRISSEY,DENYSE MORTON,DALE MOUNTAINVIEW CONSTRUCTION INC MR QUICK SOFT CLOTH MR QUICK SOFT CLOTH MUNICIPAL ASSOCIATES INC MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL HUMAN RESOURCES INC MUNICIPAL RETIREES ORGANIZATION ONTARIO MUNICIPAL RETIREES ORGANIZATION ONTARIO MUNICIPAL TAX EQUITY CONSULTANTS INC MUNICIPAL WORLD INC MURDOCK,ROBERT DANIEL& BONETTA, JESSICA ELE MUSCLE UP CANADA MUSSARI,TOM NEWMAN,CAROLYN NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA ANALYTICAL LABORATORIES INC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BLOCK INC 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 CURLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS SCHOOL OF HORTICULTURE NIAGARA HEALTH SYSTEM NIAGARA HELICOPTERS LIMITED NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA OLYMPIA HOMES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL POLICE SERVICE NIAGARA SHEET METAL Cheque No. Cheque Date Purpose 305771 07- Nov -2006 CONTRACT SERVICES 305772 07- Nov -2006 REFUND 305773 07- Nov -2006 MATERIALS 305062 10 -Oct -2006 CONTRACT SERVICES 305774 07- Nov -2006 CONTRACT SERVICES 305418 24- Oct -2006 CONTRACT SERVICES 305601 31 -Oct -2006 REFUND 305063 10- Oct -2006 ADMINISTRATIVE 305887 08- Nov -2006 ADMINISTRATIVE 305064 10- Oct -2006 ADMINISTRATIVE 305775 07- Nov -2006 ADMINISTRATIVE 305776 07- Nov -2006 REFUND 305602 31- Oct -2006 REFUND 305065 10- Oct -2006 CONTRACT SERVICES 305777 07- Nov -2006 CONTRACT SERVICES 305066 10- Oct -2006 ADMINISTRATIVE 305603 31 -Oct -2006 ADMINISTRATIVE 305228 17- Oct -2006 MATERIALS 305604 31- Oct -2006 REMITTANCE 305779 07- Nov -2006 ADMINISTRATIVE 305067 10- Oct -2006 CONTRACT SERVICES 305778 07- Nov -2006 MATERIALS 305605 31 -Oct -2006 REFUND 305068 10- Oct -2006 EQUIPMENT 305606 31- Oct -2006 305888 08- Nov -2006 ADMINISTRATIVE 305419 24 -Oct -2006 CONTRACT SERVICES 305229 17 -Oct -2006 CONTRACT SERVICES 305607 31 -Oct -2006 CONTRACT SERVICES 305420 24- Oct -2006 MATERIALS 305072 10- Oct -2006 REMITTANCE 305233 17 -Oct -2006 REMITTANCE 305424 24 -Oct -2006 REMITTANCE 305611 31 -Oct -2006 REMITTANCE 305612 31 -Oct -2006 REMITTANCE 305784 07- Nov -2006 REMITTANCE 305069 10- Oct -2006 REMITTANCE 305421 24 -Oct -2006 ADMINISTRATIVE 305781 07- Nov -2006 ADMINISTRATIVE 305070 10- Oct -2006 ADMINISTRATIVE 305071 10- Oct -2006 UTILITIES 305231 17 -Oct -2006 REMITTANCE 305232 17- Oct -2006 UTILITIES 305422 24 -Oct -2006 REMITTANCE 305423 24- Oct -2006 UTILITIES 305608 31- Oct -2006 REMITTANCE 305609 31 -Oct -2006 UTILITIES 305782 07 -Nov -2006 UTILITIES 305858 08- Nov -2006 ADMINISTRATIVE 305783 07- Nov -2006 REMITTANCE 305785 07 -Nov -2006 ADMINISTRATIVE 305234 17- Oct -2006 CONTRACT SERVICES 305426 24- Oct -2006 ADMINISTRATIVE 305427 24- Oct -2006 ADMINISTRATIVE 305786 07- Nov -2006 ADMINISTRATIVE 305613 31- Oct -2006 ADMINISTRATIVE 305235 17 -Oct -2006 ADMINISTRATIVE 305614 31- Oct -2006 ADMINISTRATIVE 305428 24- Oct -2006 MATERIALS Amount 2,510.59 135.60 1,832.46 2,304.44 820.44 323.74 117.91 242.65 800.00 101.70 109.30 49.73 13.90 104.94 57.24 13, 780.00 318.00 332.84 50.00 25.00 1,605.90 349.30 728.00 3,562.24 195.79 25.00 142,522.80 901.00 2,109.40 106.25 2,114.56 2,114.56 2,114.56 4,361.70 2,114.56 2,114.56 4,124.11 15.00 37,711.83 5,070.30 6,171.35 8,157.49 1,890.42 7,961.45 1,993.04 5,214.17 156,039.48 1,129.94 9,045.97 200.00 45.00 100.00 553.08 53,710.00 34.11 8,306.00 5,052.00 35.00 36,423.00 CITY OF NIAGARA FALLS AP5200 Page 10 MUNICIPAL ACCOUNTS Vendor Name NIAGARA SHEET METAL NIAGARA SOUND SYSTEMS NIAGARA STAR PAINTERS NIAGARA STITCHING CO. NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA TRANSIT NIAGARA.COM NORTH WATER PADDLE SPORTS EQUIPMENT NORTON,GAGE OP INC O'SHAUGHNESSY,ANNE OACETT OACETT OACETT OMERS OMERS OMERS OMERS OMNI PROVINCIAL ELECTRONICS (ONT.) LTD ONTARIO REALTY CORPORATION ONTARIO REALTY CORPORATION ONTARIO REALTY CORPORATION ONTARIO TOURISM MARKETING PARTNERSHIP CORP ONTARIO URBAN COUNCIL ONTARIO WATER PRODUCTS INC PAGENET OF CANADA INC PARADISE POOLS PATRICK,GREG D EAK TECHNOLOGIES CANADA DEC ROOF MAINTENANCE 'ENINSULA CONSTRUCTION INC 'ENINSULA CONSTRUCTION INC 'ENINSULA MAINTENANCE LTD 'ENINSULA PEST CONTROL LTD 'ENINSULA PEST CONTROL LTD 'ENINSULA PURE WATER 'ENINSULA PURE WATER 'ENINSULA PURE WATER 'ERFECT POSTHOLE GRIMSBY 'ERFORMANCE CHRYSLER 'ERFORMANCE CONCEPTS CONSULTING 'ERFORMANCE POWDER COATING FASTENERS LT 'ERRI,PASQUALE 'ERRI,PASQUALE 'ERRI -MED 'ETHERAM,CATHERINE 'HILIPS ENGINEERING 'HILIPS ENGINEERING 'HILIPS ENGINEERING 'INDERS LOCK AND SECURITY 'INERIDGE TREE SERVICE LTD 'INERIDGE TREE SERVICE LTD 'KF CONSULTING 'LAYPOWER LT CANADA INC 'OPPA CORN CORP 'OPPA CORN CORP Cheque No. Cheque Date Purpose 305615 31 -Oct -2006 MAINTENANCE AND REPAIRS 305236 17- Oct -2006 CONTRACT SERVICES 305787 07- Nov -2006 CONTRACT SERVICES 305616 31- Oct -2006 MATERIALS 305073 10- Oct -2006 ADMINISTRATIVE 305237 17- Oct -2006 ADMINISTRATIVE 305788 07- Nov -2006 ADMINISTRATIVE 305074 10 -Oct -2006 GRANT 305859 08- Nov -2006 GRANT 305230 17- Oct -2006 CONTRACT SERVICES 305238 17 -Oct -2006 MATERIALS 305076 10- Oct -2006 REFUND 305430 24- Oct -2006 MATERIALS 305792 07- Nov -2006 REFUND 305239 17 -Oct -2006 REMITTANCE 305240 17- Oct -2006 REMITTANCE 305429 24- Oct -2006 REMITTANCE 305077 10 -Oct -2006 REMITTANCE 305078 10 -Oct -2006 REMITTANCE 305789 07- Nov -2006 REMITTANCE 305790 07- Nov -2006 REMITTANCE 305241 17- Oct -2006 MATERIALS 305312 18 -Oct -2006 ADMINISTRATIVE 305313 18- Oct -2006 ADMINISTRATIVE 305316 18- Oct -2006 ADMINISTRATIVE 305243 17 -Oct -2006 ADMINISTRATIVE 305244 17 -Oct -2006 REMITTANCE 305791 07 -Nov -2006 MATERIALS 305431 24 -Oct -2006 CONTRACT SERVICES 305245 17 -Oct -2006 MATERIALS 305432 24- Oct -2006 REFUND 305246 17- Oct -2006 MATERIALS 305793 07 -Nov -2006 CONTRACT SERVICES 305080 10 -Oct -2006 CONTRACT SERVICES 305434 24- Oct -2006 MAINTENANCE AND REPAIRS 305794 07- Nov -2006 MATERIALS 305248 17- Oct -2006 CONTRACT SERVICES 305433 24- Oct -2006 CONTRACT SERVICES 305079 10- Oct -2006 CONTRACT SERVICES 305247 17- Oct -2006 CONTRACT SERVICES 305617 31 -Oct -2006 MATERIALS 305618 31- Oct -2006 MATERIALS 305795 07- Nov -2006 EQUIPMENT 305081 10 -Oct -2006 CONSULTING SERVICES 305796 07- Nov -2006 MATERIALS 305619 31 -Oct -2006 REFUND 305797 07- Nov -2006 REFUND 305082 10- Oct -2006 MATERIALS 305435 24 -Oct -2006 REFUND 305083 10-Oct -2006 CONTRACT SERVICES 305249 17 -Oct -2006 CONTRACT SERVICES 305798 07- Nov -2006 CONTRACT SERVICES 305084 10 -Oct -2006 MATERIALS 305085 10 -Oct -2006 CONTRACT SERVICES 305620 31- Oct -2006 CONTRACT SERVICES 305086 10- Oct -2006 CONSULTING SERVICES 305087 10 -Oct -2006 EQUIPMENT 305250 17 -Oct -2006 MATERIALS 305436 24- Oct -2006 MATERIALS Amount 285.00 502.18 314.82 786.60 222.60 279.84 2,292.49 200,000.00 250,000.00 143.58 311.93 136.79 95.96 194.56 369.94 152.64 381.60 329,880.56 18,607.50 325,163.18 18,619.82 81.62 19,050.00 1,590.00 1,500.00 3,180.00 100.00 778.62 365.58 102.58 148.47 2,823.35 1,096.73 3,816.00 1,219.00 1,653.15 42.40 184.44 175.00 60.00 10.00 477.00 21,694.20 6,051.93 57.00 113.94 36.06 895.49 750.00 4,411.07 8,237.24 22,643.43 595.31 1,892.10 1,702.89 8,437.34 1,086.93 851.55 1,112.42 CITY OF NIAGARA FALLS AP5200 Page 11 MUNICIPAL ACCOUNTS Vendor Name POPPA CORN CORP PORTAGE BAKERY LIMITED POTTS,JESSICA POTTS,JESSICA POWERTECH ENTERPRISES INC POWERTECH ENTERPRISES INC PRATA,GUY PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRECISE PARK LINK INC PREMIUM SALES PRESTIGE PORTABLE TOILETS PRESTIGE PORTABLE TOILETS PRESTIGE PORTABLE TOILETS PRIME SAVINGS CREDIT UNION LIMITED PRITCHARD,JENNIFER PROJECT SHARE PROVENZANO,VITTORIO PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PROVINCIAL SERVICES PULLIA,JOHN PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUICKSERVICE TECH (CAN) QUIQUERO,GUISEPPE& QUIQUERO, MARIA R D CONSTRUCTION (NIAGARA) LTD R E P CO. R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RAMPADO,AMANDA MS. RANDY LEVINSON ARBITRATION SERVICES LTD RBC LIFE INSURANCE COMPANY RCI CONSULTING REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL OF CANADA REED,ROSE RESQTECH SYSTEMS INC RICK STOKES ENTERPRISES, RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED RIGG MOONEY MONUMENTS RISI,FRAN Cheque No. Cheque Date Purpose 305799 07- Nov -2006 MATERIALS 305437 24 -Oct -2006 MATERIALS 305438 24 -Oct -2006 ADMINISTRATIVE 305889 08- Nov -2006 ADMINISTRATIVE 305088 10 -Oct -2006 MATERIALS 305800 07- Nov -2006 EQUIPMENT 305089 10- Oct -2006 ADMINISTRATIVE 305801 07- Nov -2006 ADMINISTRATIVE 305090 10- Oct -2006 MATERIALS 305439 24 -Oct -2006 MATERIALS 305802 07- Nov -2006 MATERIALS 305440 24 -Oct -2006 CONTRACT SERVICES 305441 24- Oct -2006 MATERIALS 305091 10 -Oct -2006 CONTRACT SERVICES 305251 17 -Oct -2006 CONTRACT SERVICES 305442 24 -Oct -2006 CONTRACT SERVICES 305443 24- Oct -2006 REFUND 305890 08- Nov -2006 ADMINISTRATIVE 305803 07- Nov -2006 GRANT 305444 24- Oct -2006 REFUND 305092 10- Oct -2006 CONTRACT SERVICES 305252 17 -Oct -2006 CONTRACT SERVICES 305445 24 -Oct -2006 CONTRACT SERVICES 305253 17- Oct -2006 CONTRACT SERVICES 305860 08- Nov -2006 REFUND 305093 10- Oct -2006 REMITTANCE 305446 24- Oct -2006 REMITTANCE 305621 31 -Oct -2006 REMITTANCE 305805 07- Nov -2006 REMITTANCE 305254 17- Oct -2006 MATERIALS 305622 31- Oct -2006 REFUND 305095 10- Oct -2006 CONTRACT SERVICES 305630 31 -Oct -2006 MATERIALS 305861 08- Nov -2006 CONSULTING SERVICES 305447 24- Oct -2006 MATERIALS 305255 17- Oct -2006 MATERIALS 305448 24 -Oct -2006 ADMINISTRATIVE 305623 31 -Oct -2006 CONSULTING SERVICES 305094 10- Oct -2006 REMITTANCE 305449 24 -Oct -2006 CONSULTING SERVICES 305256 17- Oct -2006 ADMINISTRATIVE 305096 10-Oct-2006 REMITTANCE 305097 10- Oct -2006 REMITTANCE 305257 17 -Oct -2006 REMITTANCE 305258 17 -Oct -2006 REMITTANCE 305450 24 -Oct -2006 REMITTANCE 305451 24 -Oct -2006 REMITTANCE 305624 31- Oct -2006 REMITTANCE 305625 31- Oct -2006 REMITTANCE 305806 07- Nov -2006 REMITTANCE 305807 07- Nov -2006 REMITTANCE 305098 10- Oct -2006 REMITTANCE 305891 08- Nov -2006 ADMINISTRATIVE 305454 24 -Oct -2006 EQUIPMENT 305823 07- Nov -2006 MATERIALS 305101 10 -Oct -2006 MATERIALS 305808 07- Nov -2006 MATERIALS 305102 10- Oct -2006 MATERIALS 305809 07- Nov -2006 REFUND Amount 1,499.69 200.00 106.77 400.00 327.52 49,952.52 44.31 24.48 1,097.62 84.42 373.99 2,988.99 127.20 2,731.77 3,052.80 211.99 1,000.00 880.00 21,038.67 150.00 8,331.60 227,883.20 8,480.00 891.99 750.00 262.71 139.89 60.85 76.11 145.35 920.00 8,007.20 224.01 13,420.47 719.80 218.88 45.00 3,080.74 1,219.14 28,925.97 16,387.60 115.42 153,296.70 150,351.58 115.42 115.42 158,044.03 148,631.99 115.42 144,709.79 119.06 500.00 660.00 1,705.45 75.00 65.10 368.95 1,724.09 750.00 CITY OF NIAGARA FALLS AP5200 Page 12 MUNICIPAL ACCOUNTS Vendor Name RODGERS,D RODMAN,BEVERLEY ROGERS WIRELESS INC ROGERS WIRELESS INC ROLFE,ERIC ROMA FENCE LTD RONA ONTARIO INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC RONNIES GENERATOR SERV LTD ROSSI,VINCENT& ROSSI, JULIA ROSE ROYAL CANADIAN LEGION BRANCH 51 RUDACHUK,PHILIP RUDACHUK,PHILIP RUFRANO,JOSEPHINE RUSCITTI,TONY SACCO CONSTRUCTION SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFETY TODAY SAFETY TODAY SAFETY TODAY 3AGE,HELEN 3ALCI,TED 3CARINGI,VITO 3CERBO,CARMINE 3CERVINO,LUIGI 3COTIABANK 3COTIABANK 3COTIABANK 3COTIABANK SEALER WORKS 3EMARK,MIKE 3ERV -A- SATION MAINTENANCE WIAHEEN PEAKER LTD >HELLHORNE,TED >HERWIN WILLIAMS ;HRED IT KITCHENER >HWEDYK,JESSICA ;ICO INC ;ICO INC ;ICO INC ;IGNATURE SIGNS ;IGNATURE SIGNS ;IGNATURE SIGNS ;IGNATURE SIGNS ;IMPLEX GRINNELL ;IMPSON,BRAD INGULAR PRODUCTIONS LIMITED SINGULAR PRODUCTIONS LIMITED ;OFTCHOICE CORPORATION ;PARKMAN,MARION PEARE SEEDS PEARE SEEDS PENCER,MATT T PAUL HIGH SCHOOL Cheque No. Cheque Date Purpose 305455 24 -Oct -2006 REFUND 305456 24 -Oct -2006 REFUND 305103 10 -Oct -2006 UTILITIES 305631 31 -Oct -2006 UTILITIES 305457 24 -Oct -2006 ADMINISTRATIVE 305810 07- Nov -2006 MATERIALS 305263 17- Oct -2006 MATERIALS 305633 31 -Oct -2006 MATERIALS 305104 10- Oct -2006 CONSULTING SERVICES 305262 17- Oct -2006 CONSULTING SERVICES 305632 31- Oct -2006 CONSULTING SERVICES 305811 07- Nov -2006 CONSULTING SERVICES 305105 10- Oct -2006 MATERIALS 305458 24- Oct -2006 REFUND 305264 17 -Oct -2006 MATERIALS 305634 31 -Oct -2006 ADMINISTRATIVE 305812 07- Nov -2006 ADMINISTRATIVE 305813 07- Nov -2006 REFUND 305635 31 -Oct -2006 ADMINISTRATIVE 305459 24 -Oct -2006 CONTRACT SERVICES 305814 07- Nov -2006 CONTRACT SERVICES 305265 17- Oct -2006 MATERIALS 305106 10 -Oct -2006 MATERIALS 305460 24- Oct -2006 MATERIALS 305636 31 -Oct -2006 MATERIALS 305892 08- Nov -2006 ADMINISTRATIVE 305667 02- Nov -2006 REMITTANCE 305107 10 -Oct -2006 ADMINISTRATIVE 305815 07- Nov -2006 MATERIALS 305816 07- Nov -2006 REFUND 305109 10 -Oct -2006 ADMINISTRATIVE 305110 10 -Oct -2006 REMITTANCE 305669 07- Nov -2006 ADMINISTRATIVE 305817 07- Nov -2006 REMITTANCE 305639 31- Oct -2006 CONTRACT SERVICES 305461 24 -Oct -2006 REFUND 305818 07- Nov -2006 8 305111 10 -Oct -2006 CONTRACT SERVICES 305462 24 -Oct -2006 ADMINISTRATIVE 305267 17- Oct -2006 MATERIALS 305268 17- Oct -2006 CONTRACT SERVICES 305897 08- Nov -2006 ADMINISTRATIVE 305269 17- Oct -2006 MATERIALS 305463 24 -Oct -2006 MATERIALS 305640 31- Oct -2006 MATERIALS 305112 10- Oct -2006 MATERIALS 305270 17 -Oct -2006 MATERIALS 305641 31- Oct -2006 MATERIALS 305819 07- Nov -2006 MATERIALS 305271 17- Oct -2006 CONTRACT SERVICES 305113 10- Oct -2006 REFUND 305272 17- Oct -2006 MATERIALS 305820 07- Nov -2006 MATERIALS 305114 10- Oct -2006 CONTRACT SERVICES 305894 08- Nov -2006 ADMINISTRATIVE 305464 24- Oct -2006 MATERIALS 305821 07- Nov -2006 MATERIALS 305466 24 -Oct -2006 REFUND 305469 24-Oct-2006 DONATION Amount 125.39 920.00 2,197.93 345.89 45.00 10,967.37 268.62 79.09 265.00 3,458.00 3,154.00 885.30 488.45 160.39 130.00 173.86 142.21 175.00 191.03 13,107.50 69,581.72 296.51 517.10 453.09 594.25 200.00 1,160.00 124.91 50.00 150.00 1,031.40 146,830.19 21,690.88 121,143.61 5,589.01 750.00 500.00 4,241.06 20.00 124.87 68.90 200.00 299.45 245.55 284.00 201.25 353.40 2,268.60 172.69 193.80 126.53 424.08 1,468.32 5,184.95 800.00 595.65 1,191.30 108.25 1,000.00 CITY OF NIAGARA FALLS AP5200 Page 13 MUNICIPAL ACCOUNTS Vendor Name STAMFORD UNITED CHURCH TRUSTEES STEED EVANS LIMITED STEENBURG CONSTRUCTION COMPANY LTD STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STINSON EQUIPMENT LIMITED STINSON EQUIPMENT LIMITED STRATEGIC WORKPLACE SOLUTIONS STRATEGY CORP STREAMLINE STREAMLINE STREAMLINE STREAMLINE SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUTCLIFFE,SHAWN TAB TALK WIRELESS INC TAMM COMMUNICATIONS INC TAYLOR,ROBERT TECHNICAL STANDARDS SAFETY AUTHORITY TELUS COMMUNICATIONS INC TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TENDER WISHES THE BURKE GROUP THE BURKE GROUP THE CAMERA PLACE FOTO SOURCE THE CAMERA PLACE FOTO SOURCE THE COUNTRY BASKET THE DATA GROUP OF COMPANIES THE DISTRICT MUNICIPALITY OF MUSKOKA THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE KIRKLAND PARTNERSHIP THE KIRKLAND PARTNERSHIP THE ONTARIO HISTORICAL SOCIETY THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA Cheque No. Cheque Date Purpose 305644 31- Oct -2006 REFUND 305467 24- Oct -2006 CONTRACT SERVICES 305274 17- Oct -2006 REFUND 305115 10- Oct -2006 MATERIALS 305822 07- Nov -2006 CONTRACT SERVICES 305275 17- Oct -2006 MATERIALS 305468 24- Oct -2006 MATERIALS 305277 17- Oct -2006 EQUIPMENT 305276 17- Oct -2006 CONTRACT SERVICES 305116 10- Oct -2006 MAINTENANCE. AND REPAIRS 305278 17- Oct -2006 MAINTENANCE AND REPAIRS 305645 31- Oct -2006 MAINTENANCE AND REPAIRS 305824 07- Nov -2006 MATERIALS 305279 17 -Oct -2006 ADMINISTRATIVE 305471 24- Oct -2006 REMITTANCE 305825 07- Nov -2006 ADMINISTRATIVE 305470 24- Oct -2006 MATERIALS 305117 10- Oct -2006 MATERIALS 305648 31- Oct -2006 MATERIALS 305647 31- Oct -2006 MATERIALS 305472 24 -Oct -2006 REFUND 305118 10- Oct -2006 MATERIALS 305280 17- Oct -2006 CONTRACT SERVICES 305281 17- Oct -2006 ADMINISTRATIVE 305119 10- Oct -2006 REFUND 305474 24 -Oct -2006 ADMINISTRATIVE 305282 17 -Oct -2006 UTILITIES 305120 10- Oct -2006 UTILITIES 305121 10- Oct -2006 UTILITIES 305283 17- Oct -2006 UTILITIES 305826 07- Nov -2006 UTILITIES 305827 07- Nov -2006 UTILITIES 305828 07- Nov -2006 MATERIALS 305475 24 -Oct -2006 REFUND 305285 17 -Oct -2006 ADMINISTRATIVE 305476 24- Oct -2006 MATERIALS 305122 10- Oct -2006 MATERIALS 305829 07- Nov -2006 MATERIALS 305649 31 -Oct -2006 MATERIALS 305286 17- Oct -2006 MATERIALS 305477 24- Oct -2006 REMITTANCE 305650 31- Oct -2006 MATERIALS 305288 17- Oct -2006 EQUIPMENT 305289 17 -Oct -2006 CONTRACT SERVICES 305478 24- Oct -2006 CONTRACT SERVICES 305290 17 -Oct -2006 REMITTANCE 305291 17- Oct -2006 MATERIALS 305479 24- Oct -2006 MATERIALS 305652 31 -Oct -2006 MATERIALS 305292 17 -Oct -2006 MATERIALS 305653 31- Oct -2006 MATERIALS 305099 10- Oct -2006 ADMINISTRATIVE 305100 10-Oct -2006 CONTRACT SERVICES 305259 17 -Oct -2006 ADMINISTRATIVE 305260 17- Oct -2006 REMITTANCE 305261 17- Oct -2006 CONTRACT SERVICES 305452 24- Oct -2006 ADMINISTRATIVE 305453 24- Oct -2006 MATERIALS 305626 31 -Oct -2006 REMITTANCE Amount 35.02 415,350.50 500.00 424.00 1,293.20 2,431.52 1,818.62 1,852.50 6,371.59 364.80 108.30 96.90 193.80 898.05 259,242.52 898.05 1,696.95 1,575.59 225.42 31.35 750.00 105.00 286.04 828.71 50.00 190.80 3,123.74 1,318.29 1,087.96 8,182.38 210.86 826.54 4,263.60 625.00 318.00 79.50 300.96 20.52 262.21 2,649.21 75.00 312.68 247,237.50 3,303.54 4,911.09 30.00 170.00 399.88 1,468.57 167.58 519.55 14,740,393.00 1,450,357.45 483,844.07 2,300.00 7,408.80 1,548,046.69 1,289.79 1,200.00 ITY OF NIAGARA FALLS AP5200 Page 14 MUNICIPAL ACCOUNTS Vendor Name THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW TIM HORTONS STORE #30 TIM HORTONS STORE #30 TIMBER CREEK CONSTRUCTION TONET,RITA TORONTO STAMP INC TOTAL FARM SERVICE TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TOWN OF NIAGARA ON THE LAKE TRI COMMITTEE OF ONTARIO TRI- MECHANICAL UAP INC #963 UAP INC #963 UAP INC #963 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 VANCOR SUPPLY VECCHIO ORNAMENTAL IRON LIMITED VENTURE NIAGARA VICTORIA CENTRE BIA N S WALTERS CONSTRUCTION NACHS CANADA LTD NALK ON DUST CONTROL NALK ON DUST CONTROL NALK ON DUST CONTROL NALKER BROTHERS QUARRIES LTD NALKER BROTHERS QUARRIES LTD NALKER BROTHERS QUARRIES LTD NARREN SOLARIUMS HASTE MANAGEMENT NASTE MANAGEMENT NATKINSON,LAURIE NATSON ASSOCIATES ECONOMISTS LTD IVEAVER,PRISCILLA HEIR FOULDS NEIR FOULDS NESCO DISTRIBUTION CANADA INC VESCO DISTRIBUTION CANADA INC VESCO DISTRIBUTION CANADA INC VESTBURNE/RUDDY VHATS UP KIDS MAGAZINE LTD VHEELER,SUE fVINDJACK,JIM fVINGER,TERRI VINGER,TERRI IVINTER FESTIVAL OF LIGHTS Cheque No. Cheque Date Purpose 305627 31- Oct -2006 REFUND 305628 31- Oct -2006 CONTRACT SERVICES 305629 31 -Oct -2006 ADMINISTRATIVE 305666 01- Nov -2006 REMITTANCE 305293 17- Oct -2006 ADMINISTRATIVE 305123 10- Oct -2006 SUPPLIES 305294 17- Oct -2006 MATERIALS 305830 07- Nov -2006 REFUND 305831 07- Nov -2006 REFUND 305124 10- Oct -2006 MATERIALS 305654 31 -Oct -2006 MATERIALS 305125 10- Oct -2006 CONTRACT SERVICES 305295 17- Oct -2006 MATERIALS 305832 07- Nov -2006 CONTRACT SERVICES 305655 31- Oct -2006 REMITTANCE 305126 10- Oct -2006 REMITTANCE 305296 17- Oct -2006 REFUND 305480 24 -Oct -2006 MATERIALS 305656 31 -Oct -2006 MATERIALS 305833 07- Nov -2006 MATERIALS 305297 17- Oct -2006 ADMINISTRATIVE 305481 24 -Oct -2006 REMITTANCE 305298 17- Oct -2006 CONSULTING SERVICES 305658 31- Oct -2006 CONTRACT SERVICES 305128 10- Oct -2006 CONTRACT SERVICES 305299 17 -Oct -2006 CONTRACT SERVICES 305659 31- Oct -2006 CONSULTING SERVICES 305834 07- Nov -2006 CONTRACT SERVICES 305483 24- Oct -2006 CONTRACT SERVICES 305482 24- Oct -2006 MATERIALS 305129 10 -Oct -2006 MATERIALS 305837 07- Nov -2006 ADMINISTRATIVE 305660 31 -Oct -2006 ADMINISTRATIVE 305848 07- Nov -2006 REFUND 305484 24 -Oct -2006 EQUIPMENT 305131 10-Oct -2006 CONTRACT SERVICES 305302 17 -Oct -2006 CONTRACT SERVICES 305838 07- Nov -2006 CONTRACT SERVICES 305130 10- Oct -2006 MATERIALS 305301 17- Oct -2006 MATERIALS 305485 24 -Oct -2006 MATERIALS 305839 07- Nov -2006 REFUND 305132 10 -Oct -2006 CONTRACT SERVICES 305840 07- Nov -2006 CONTRACT SERVICES 305486 24- Oct -2006 ADMINISTRATIVE 305841 07- Nov -2006 CONSULTING SERVICES 305842 07- Nov -2006 REFUND 305303 17-Oct -2006 CONTRACT SERVICES 305843 07- Nov -2006 CONTRACT SERVICES 305133 10- Oct -2006. MATERIALS 305661 31- Oct -2006 MATERIALS 305844 07- Nov -2006 MATERIALS 305134 10- Oct -2006 MATERIALS 305662 31 -Oct -2006 REMITTANCE 305663 31 -Oct -2006 ADMINISTRATIVE 305136 10 -Oct -2006 ADMINISTRATIVE 305135 10- Oct -2006 CONTRACT SERVICES 305487 24- Oct -2006 ADMINISTRATIVE 305845 07- Nov -2006 GRANT Amount 61,630.23 10,629.71 400.00 1,100.00 14,401.83 10.24 79.49 750.00 300.00 161.86 976.32 2,240.15 126.99 1,879.62 1,965.44 130.00 56.69 1,063.94 133.37 323.74 150.00 1,249.00 689.27 7,965.27 2,408.85 415.31 13,754.98 16,464.21 18,207.67 3,966.82 1,530.41 500.00 62,500.00 1,000.00 16,929.00 377.00 10.97 203.00 2,499.56 1,534.65 2,486.36 750.00 49.58 48.82 303.18 7,348.98 750.00 637.59 17,148.15 1,016.15 166.89 419.56 342.00 524.70 48.11 63.30 65.00 65.00 31,666.68 CITY OF NIAGARA FALLS AP5200 Page 15 MUNICIPAL ACCOUNTS Vendor Name WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WWP ASSOCIATES EMERGENCY CONSULTING WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZANCHIN TRUCK TRAILER INC ZANCHIN TRUCK TRAILER INC ZANINI,RON ZAPPITELLI,TONY ZAWERUCHA,EVA Cheque No. Cheque Date Purpose 305304 17 -Oct -2006 CONTRACT SERVICES 305846 07- Nov -2006 GRANT 305137 10-Oct -2006 MATERIALS 305664 31- Oct -2006 MATERIALS 305305 17- Oct -2006 REMITTANCE 305847 07- Nov -2006 REMITTANCE 305488 24- Oct -2006 CONSULTING SERVICES 305849 07- Nov -2006 ADMINISTRATIVE 305850 07- Nov -2006 ADMINISTRATIVE 305306 17- Oct -2006 CONTRACT SERVICES 305851 07- Nov -2006 MATERIALS 305307 17- Oct -2006 CONTRACT SERVICES 305308 17- Oct -2006 CONTRACT SERVICES 305489 24- Oct -2006 REMITTANCE 305665 31- Oct -2006 CONTRACT SERVICES 305852 07- Nov -2006 CONTRACT SERVICES 305309 17- Oct -2006 MATERIALS 305853 07- Nov -2006 GRANT 305139 10 -Oct -2006 MATERIALS 305490 24- Oct -2006 MATERIALS 305854 07- Nov -2006 MATERIALS 305310 17- Oct -2006 MATERIALS 305855 07- Nov -2006 MATERIALS 305491 24- Oct -2006 REFUND 305492 24- Oct -2006 REFUND 305895 08- Nov -2006 ADMINISTRATIVE Amount 13,030.20 2,083.33 29,069.74 43,931.49 24,118.46 523.19 2,862.00 34.60 338.16 270.51 213.06 28.41 4,897.76 320.00 2,339.00 2,410.26 109.97 5,181.83 232.52 2,278.44 1,910.82 435.25 435.25 141.34 170.00 440.00 Total: 25,974,363.01 The City of Niagara Fal Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department F- 2006 -58 Finance Division Kenneth E. Burden 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca November 20, 2006 Re: F- 2006 -58 Interest Benefit for Water Account Holders That the decision to pay water account holders an annual interest benefit on the security deposit held as a condition of their account standing, be referred to the 2007 Utility Budget. At the request of City Council, staff reviewed the City's procedure regarding the payment of interest to water account holders who are required to maintain a deposit as a condition of their water account standing. Currently, the City does not pay interest on accounts with deposits, nor is there any provision in the 2006 Utility Budget for this expenditure. As Council is aware, the City's Water Bylaw authorizes the operating procedures and processes used to provide water and sewer services to residents. The annual Utility budget establishes the operating costs, the contributions to capital for distribution system improvements and establishes the annual rates and fees required from account holders to fund the system. In addition, Niagara Falls Hydro acts as the City's agent for billing, collection and maintenance of water accounts. City staff works with Hydro staff to maintain operating processes which support the application of the water bylaw. Niagara Falls Hydro's staff is implementing an overhaul to their information systems used to bill, collect and maintain hydro, water and sewer accounts. The required work to improve and upgrade the system is in its final stages of completion. It is expected that the new system will be operational in the first quarter of 2007. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 F- 2006 -58 Staff recommends that the decision to pay water account holders an annual interest benefit on the security deposit held as a condition of their account standing, be referred to the 2007 Utility Budget. The readiness of the system and the costs associated with this decision will be identified for Council's consideration at that time. Prepared by: T. Harnson Manager of Finance Recommended by: K. E. Burden Director of Finance Division Approved by: .kr T. Raven Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Niagara Falls The City of Canad�� Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: 1) That the City of Niagara Falls enter into an Agreement with Google Inc. to submit Niagara Falls Transit Data for Google's on -line interactive Transit Application for Internet viewing of Niagara Falls Transit Routes and Schedules; and 2) That the Mayor and Clerk be authorized to sign the agreement by having a delegate indicate electronic acceptance over the Internet. BACKGROUND: Corporate Services Department Information Systems 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 374 -2880 E -mail: snorris @niagarafalls.ca Re: IS- 2006 -02 Google Inc. Transit Data Agreement November 20, 2006 IS- 2006 -02 Lynn Molloy Director It is our intent to use this free on -line service as a featured application on the YourNiagara.ca Community Portal. Our Municipality has an investment in the YourNiagara.ca Community Portal and feels that continuing to add new on -line services such as this one will greatly contribute to the continued success of the Portal. Council's concurrence of the recommendation and agreement to authorize the Mayor and Clerk to sign the agreement would be appreciated. Prepared by: Steve Norris Manager of Information Systems ecomme r,I• ed by: L 11 Director of Information Systems Approved by: a Working Together to Serve Our Community Tony Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Clerk's Finance Human Resources Information Systems Legal Planning Development Niagara Falls The City of Canada Corporate Services Department Information Systems 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 374 -2880 E -mail: snorris @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: November 20, 2006 IS- 2006 -03 Lynn Molloy Director Re: IS- 2006 -03 Cogeco Cable Inc. Internet Viewing of Council Meetings Agreement 1) That the City of Niagara Falls enter into an Agreement with Cogeco Cable Inc. to allow the City of Niagara Falls to make digitally captured Council Meetings available for Internet viewing on the YourNiagara.ca Community Portal; and 2) That the Mayor and Clerk be authorized to sign the agreement. Since October of 2005 the Information Systems Division has been pursuing an agreement with Cogeco Cable Inc. to implement a system for digitally capturing Niagara Falls Council Meetings being broadcast by Cogeco Cable Inc. and make them available for Internet viewing on the YourNiagara.ca Community Portal. This service has been available to internal City staff since November of 2005 on the City's Intranet Bulletin Board System. It should be noted that the Council Meetings will not be streamed in real -time on the Internet as they are broadcast on Cogeco Cable, but as per agreement with Cogeco Cable Inc. will only be made available on the Internet for viewing after a two -week period has passed from the original broadcast. Our Municipality has an investment in the YourNiagara.ca Community Portal and feels that continuing to add new on -line services such as this one will greatly contribute to the continued success of the Portal. Council's concurrence of the recommendation and agreement to authorize the Mayor and Clerk to sign the agreement would be appreciated. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 Prepared by: Steve Norris Manager of Information Systems ommended y: Lynn olloy Director of Information Systems Approved by: Tony Ravenda Executive Director of Corporate Services Respectfully submitted: IS 2006 03 John MacDonald Chief Administrative Officer Working. Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development Niagara Falls The City of Canada a s Members: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning ©niagarafalls.ca November 20, 2006 Re: PD- 2006 -90, Request for Removal of Part Lot Control Block 111, Registered Plan 59M -92 Calaguiro Estates (Phase 2) Applicant: Kybala Ventures Inc. PD- 2006 -90 Doug Darbyson Director RECOMMENDATION: 1) That Council approve the request and pass the by -law included in tonight's agenda to designate Block 111, Registered Plan 59M -92, as exempt from Part Lot Control. That the applicant be required to notify the City when the separate deeds have been registered. BACKGROUND: The applicant has submitted a request to remove this property along Dorchester Road, north of Calaguiro Drive, from Part Lot Control (see attached letters and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject land is within the second phase of the Calaguiro Estates plan of subdivision. Construction has proceeded in this section of the plan since mid -2002 when a new subdivision agreement and CN Rail requirements were addressed. Council has previously approved Part Lot Control applications to allow the relotting of portions of the subdivision. This minor redesign included surplus City parkland and closed portions of the original alignment of Dominic Crescent that were sold to the applicant. As part of these revisions, a proposed Regional pumping station was enlarged and relocated to the northwest corner of the plan. The subject land (Block 111) was the original location for the pumping station. Therefore, the land was surplus to the. Region and sold to the applicant to be combined with the two abutting building lots. The attached extract from Reference Plan 59R-1-1579 (Schedule 2) shows the proposed configuration of Block 111. The block was acquired from the Region as one parcel rather than in two separate parts. Approval of a Part Lot Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 PD- 2000 -90 Control by -law is required so that a property line can be created to allow the parcels to be divided and merged with the abutting Lots 1 2 in the subdivision. The applicant's solicitor has confirmed that the respective lots and part blocks will then be consolidated as combined parcels for all future transactions. The land is appropriately zoned Residential Single Family 1 A Density (R 1 A) through site specific Zoning By -law No. 2001 -134. CONCLUSION: The removal of Part Lot Control will permit the division of the block to create two small triangular parcels. These portions will be combined with the abutting lots as originally intended when the land was purchased. The use ofthis Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development RW:tc Attach. A proved by: 2/1/0 Tony Ravend Executive Director of Corporate Services S:1PDR120061PD2006 -90, Part Lot Control, Calaguiro Estates, KybaIa Ventures.wpd Respectfully submitted: John MacDonald hief Administrative Officer September 27, 2006 City of Niagara Falls Planning Development P.O. Box 1023 4310 Queen Street Niagara Falls ON, L2E 6X5 Attention: Rick Wilson Re: Removal of Part Lot Control for Parts 1 and 2 of 59R -11579 Block 111 on 59M -92 Please accept this correspondence as our application to have Part Lot Control lifted for the above referenced lands. These lands were acquired by Kybala Ventures Inc on April 29 of 2002 from the Region of Niagara whom designated them to be surplus. The intent was to transfer either half of Block 111 to each purchaser of Lot 1 and 2 of 59M -92 respectively, however, for whatever reason this has not taken place. Thus our intent for the removal of Part Lot Control for this block is to allow us to fulfill the originally intended distribution of these lands. please find the required fee of $450.00 for your fees associated with the works required. Please contact the undersigned once Part Lot Control is removed so that the By -law registration fee can be submitted accordingly. Respectfully on Whyte Develop ent Coordinator Kybala Ventures Inc. A tpt Planning Scanned I Furl (of ct,tMo RECEIVED PLANNING DEVELOPMENT SEP 2 8 2006 3350 Merrittville Highway, Unit #9, Thorold, ON L2V 4Y6 Tel: 905- 688 -3100 Fax: 905- 688 -5524 E -mail: homescmountainview_com www.mtauntainview.com O d 1ti1DI we, 9• tiefa,a, B.A. (RAND) LLB. (Ltd) LL.B. ('York) Dear John: a %PPiSTSR SOLICITOR NOTARX Mo mtainview Homes Limited, 3350 Merrittvllle Highway, Unit #9, Thorold, Ontario 1.2V 4Y6 Attention: John Whyte RE: BLOCK 111, CALAGUIRO ESTATES PLAN 59M-92 PART LOT CONTROL EXEMPTION DESIGNATED AS PARTS 1 2 ON PLAN 59R-11579 Please be advised that Block 111 on Plan 59M -92 was acquired by lCybala Ventures Inc. on April 29t1x, 2001 from The Regional Municipality of Niagara as surplus lands. Block 111 is now designated as Parts 1 2 on Plan 59k-11579. A conveyance of Block 111 to the adjoining owners of Lot 1 and 2 on Plan 59M-92 may be accomplished as follows: I The City of Niagara Falls should enact a Part Lot Control Exemption By- -Law that will permit the conveyances according to Reference Plan 59R-11579. 2. When Part 1 is conveyed to the registered owners of Lot 1 on Plan 59M -92, an Application is made simultaneously to the Land Registrar to have both Part 1 on Plan 598 and Lot 1 on Plan 59M -92 consolidated into one (1) Parcel and one (1) PIN so that subsequent dealings with the land will be under one (1) Property Identifier. 3. Part 2 will be conveyed in the same way and consolidated with one (1) Parcel and PIN. 4. The Part Lot Control Exemption By-Law would be repealed after the conveyances have been completed together with the Applications to Consolidate the parcels. Should you require any further clarification please feel free to call me. Thank you. MGW /iy Per: Yours truly, AREA CODE 905 TELEPHONE S03 FAX 563-7750 P.O. BOX 489 LOR 1E34 Z ar 7-.50(11 ''ego Slime 1-(44614 X'aepauty Rap, �ia�wadLe 'Nara CANADA October 27, 2006 RECEIVED OCT 2 7 2006 PLANNING DEVELOPMENT Removal of Part Lot Control Block 111, Registered Plan 59M -92 Calaguiro Estates Subject Land K:AGIS Requests l2006\Schedules\PLMorchester Rd.rnap SCHEDULE 1 Location Map FIREMAN'S PARK N Scale 1:NTS October 2006 SCHEDULE 2 all ar vi 1 78 01103 YiS jO dIHSNMOI '9 ONV S S101 OM/ 91 OW St SUY1 1133A1139 3011t7AOTIV 01 11,11101110 Niagara Falls The City of Canada Members: The Ontario Economic Outlook 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 November 20, 2006 Re: PD- 2006 -94, CMHC Workshop Ontario Economic Outlook and Niagara Region Housing Market RECOMMENDATION: That Council receive this report for information. BACKGROUND: PD- 2006 -94 Doug Darbyson Director In October, members of the Planning and Development Division attended a CHMC workshop on the outlook for Ontario's economy and the housing market. The workshop was attended by both the public and private sector, the latter primarily by home builders and financial institutions. CMHC presented its forecast information for 2007, with a roundtable discussion taking place after on issues such as the current labour market and demographic trends, the impact of the Greenbelt, the location of future development and the effect of urbanization on the type of housing being built. Recently, there have been several threats to Ontario's economic performance: high energy prices, the high Canadian dollar, a sluggish manufacturing sector, and a slowing of the United States housing market. However, manufacturers and exporters have mitigated the effects of the high Canadian dollar though investment in new technologies to become more efficient and productive. Consumer income and spending have also increased. As a result, the Ontario economy has remained resilient and is predicted to grow modestly in 2007 at a rate of 2.7 slightly behind the national economic growth of 3 CMHC predicts that certain sectors will either outperform or underperform next year, specifically: Outperform: oil and gas, machinery manufacturing, mineral extraction, computer and electronics, transport and warehousing and domestic service sectors. Underperform: motor and vehicle parts, forestry, textiles and apparel, tourism, furniture and aerospace equipment. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 PD- 2006 -94 Of note in the above is the underperformance of the tourist sector. Tourism Niagara representatives commented at the workshop that the decline in U.S. travel to Canada due to security issues and the future passport requirements have had, and will continue to have, a negative impact on tourism. Niagara Regional Housing Market CMHC presented information on three different aspects of the housing market: resale market conditions, demand factors (demographic and economic) and new construction. The resale market is forecasted to slow down into 2007 mainly due to the rapid increase in prices. However, prices will begin to slow next year, not expecting to rise by more than 3%. On top of this, demand will be affected by a stagnant job market and that mortgage carrying costs are rising. Counterbalancing these factors, Niagara continues to experience a migration of people into the region and more affluent people are purchasing new houses which is resulting in a strong demand for housing. This demand is reflected in an increase in popularity of multiple housing, specifically townhouses. New construction of multiples is forecasted to increase in 2007, however, starts for single detached dwellings are slated to drop which will result in an overall decrease in housing starts for the year. Roundtable Discussion During the roundtable discussion, a number of conditions were discussed that centred around the supply and demand of housing in general. Labour Market: The region currently has a median income lower than the Ontario median income, being comparable to Thunder Bay. This is due to the loss of manufacturing where wages are traditionally higher than the service sector. The construction sector is endeavouring to attract workers as the average age of this labour force is increasing rapidly. Currently the construction sector is a major employer in the region. Demographics: Niagara is losing people in the 19 -30 year old age group at a rate faster than the national average. Other areas outside of the GTAH area, such as Kitchener Waterloo, are also losing young people. In Niagara, there is an influx of baby- boomers and retirees who are have incomes that are above the median for the region and are driving up the cost of housing. A significant number of baby- boomers work outside of the region. Transportation: Transportation is seen as a significant hurdle to the future development of the region. Improvements such as the widening of the QEW, extending GO Transit (GO buses are to be brought into Niagara on an experimental basis in 2007) and the future Niagara -GTA corridor will improve the situation and may stem the outflow of young people. A number of attendees spoke ofthe advantages that an intra region transit system would have in transporting people who do not have a car to work places in different areas of the region. Affordable Housing: The escalation of housing prices is resulting in an increasing demand for affordable housing. Regional Housing reported that there is a current waiting List of 4,300 households for affordable housing. New houses are out of reach for people of the income level that require affordable housing and houses that are affordable usually require substantial renovations, the cost of which make the ultimate cost in the range of $200,000.00. Smaller lots will not solve the affordability problem, however, smaller multiple -unit housing types such as quadruplexes may. November 20, 2006 3 PD- 2006 -94 Potential Impacts on Niagara Falls Niagara Falls is already beginning to experience a certain number of the impacts noted above. Council is aware of two significant proposals to redesignate Industrial lands to Residential lands in anticipation of future residential growth. Inquiries have been received recently regarding the development of affordable housing units. Anecdotal evidence supports the influx of baby- boomers and retirees, which is also supported by the proposals for "lifestyle communities" such as the Grand Niagara development. Council's recent authorization of a growth management Official Plan review is well timed. The growth management strategy that will be produced during this review will provide Council with a plan that will set the course for the future growth of the city. Staff will continue to monitor the housing market and any impacts experienced due to trends identified by CMHC. Manager of Policy Planning Recommended by: Doug Darbyson Director of Planning Development Approved by: The Greenbelt: The Greenbelt Plan has effectively pushed development north of Barrie and into Niagara's southern tier. This has resulted in GTA home builders moving into these non- traditional areas and land prices rising. (Residential land prices in Stoney Creek are currently $300,000/acre.) General opinion is that the modest growth rates predicted for the Niagara area in the Province's Growth Plan for the Greater Golden Horseshoe are far below what is anticipated. Future Employment: Given the influx ofbaby boomers and retirees, several attendees were of the opinion that future employment will be in the service sector that provides for that segment of the population, specifically health and clinical services. This would result in an increase in the median wage for the region and would assist in stemming the outflow of young people. avenda Executive Director of Corporate Services JB:tc Attach. S:\PDR120061PD2006- 94.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2006 -96, Recommendation Report Draft Plan of Vacant Land Condominium 26CD- 11- 2006 -02 Rock Spring Gardens, Block 276, Deerfield Estates Subdivision Kalar Road (West Side) Forestview Boulevard/Desanka Avenue Owner: Pinewood Homes (Niagara) Ltd. (Offer of Purchase Sale) RECOMMENDATION: 1) That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix. 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 November 20, 2006 PD- 2006 -96 Doug Darbyson Director That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3) That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. 4) That the Mayor and City Clerk be authorized to execute the condominium agreement and any other required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: Proposal The applicant proposes to register a Vacant Land Condominium over the 1.214 hectare (3 acre) site to create vacant units (e.g. lots) for the future construction of 22 townhouse dwelling units and four semi detached units all with access from a private driveway. The property is located on the west side of Kalar Road, at the intersection of the future roadways Forestview Boulevard and Desanka Avenue (see Schedule 1). The land is described as Block 276 within the Deerfield Estates Subdivision. The proposed condominium layout is illustrated on Schedule 2. The application for plan of condominium subdivision will permit the individual ownership of each unit of land in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 20, 2006 2 PD- 2006 -96 Planning Process This development has proceeded through various planning approvals and consultation with the public. The site is a planned multiple residential block within the Deerfield Estates subdivision that received draft approval in February 2006 and was recently registered. Zoning By -law No. 2006 -56 was passed by Council on March 20, 2006 to zone the land Residential Low Density, Grouped Multiple Dwellings (R4) with special provisions. The Committee of Adjustment approved a variance application (A- 38/2006) for the property on October 24, 2006. This approval allowed reductions to certain yard and dwelling unit separation requirements, a minor increase in lot coverage and recognized the semi detached dwellings within the development. These changes to the zoning reflect the submitted plans. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The vacant land condominium process is a relatively new method of dividing property into "units" of land. When the plan is registered, the units are then sold much like lots or blocks in a typical plan of subdivision and building permits can be issued. This process eliminates the need for site plan approval. Conditions of Approval Several issues related to the development of the land were addressed through the underlying subdivision plan (ie. parkland dedication, sidewalks). However, there are site specific issues for the condominium proposal. Approval of plans for servicing/grading, the private driveway and landscaping /fencing are required. The designation of a fire access route through the development, if required by Fire Services, is requested as a condition. The future construction of the dwellings will need to satisfy zoning regulations. The internal driveway design must meet Regional access requirements for waste collection vehicles or alternate private garbage pick -up is needed. CONCLUSION: The proposed Draft Plan of Vacant Land Condominium will allow the separate ownership of the land units for the construction of townhouse and semi detached dwellings in the future. The conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development RW:gd Attach. Ap oved by: m Ravenda S:\PDR12006\PD2006 -96, 26CD -11- 2006 -02, Block 276, WS Kalar, Pinewood Homes.wpd Executive Director of Corporate Services Respectfully submitted: 41 4 John MacDonald Chief Administrative Officer November 20, 2006 3 PD- 2006 -96 APPENDIX Conditions of Draft Plan of Vacant Land Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated September 29, 2006, showing vacant land units for 22 townhouse dwelling units, 4 semi detached dwelling units and common element areas for a private driveway, visitor parking and landscaping. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, lighting, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer pay the applicable Development Charges in force at the time of execution of the Condominium Agreement. 6. The developer submit servicing plans indicating driveway dimensions and the location of fire hydrant(s) to the satisfaction of Fire Services. 7. The developer submit a request to Fire Services to designate through municipal by -law a fire access route on the property, if required. 8. The developer submit a landscaping and fencing plan for the review and approval of the City including the design details and locations of any proposed garbage enclosures. 9. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. 10. The Draft Plan of Condominium be modified to comply with the Regional Municipality of Niagara's "Collection of Waste By Way of Entry on Private Property" Policy (PW2.W07) to the satisfaction of the Regional Niagara Public Works Department. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 10 Proposed Plan of Vacant Land Condominium Rock Spring Gardens Block 276, Deerfield Estates Subdivision 26CD-1 1-2006-02 Woodlot Future School FORESTVIEW BLVD Senior Citizens Home iro'orridor Subject Land K: \GIS Requests120061Schedules \Condos\Rock Spring, SCIIEDULE 1 Location Map N s 1:NTS November 2006 SCHEDULE 2 U W O NF 2E :.4kci inHal IN il 4 =dam Ili! 111 11 n "M; o� 22211222 74/ <,o 3 aRI newnNsBR _o 8 O 1 6 8 QTOS EV7VX Ass Wm) tDKHAV VXKrs •Q 1 PLANNING AND DEVELOPMENT November 3, 2006 Mr. Rick Wilson Planner 2 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Building Community. Building Lives. Re: Regional and Provincial Review Comments Draft Plan of Vacant Land Condominium File: 26CD -11- 2006 -02 Pinewood Homes (Niagara) Ltd. West Side of Kalar Road, south of Forestview Boulevard City of Niagara Falls The Rwgional 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 D.11.M.11.24 Planning Scan;.2d sit RECEIVED NOV 0 6 2006 PLANNING DEVELOPMENT This application proposes condominium ownership for 26 dwelling units on a 1.21 hectare (2.98 acre) parcel of land. The following Provincial and Regional planning comments are provided for your consideration. These lands are within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. The subject property is a block of land in the Deerfield Estates plan of subdivision that was recently granted final approval by the City. Regional and Provincial interests for this subdivision will be fulfilled through the City's subdivision agreement with the developer. The City should ensure, however, that the Deerfield Estates plan and the subdivision agreement are registered prior to granting draft approval of the current vacant land condominium plan. The Region provides curbside waste collection for condominium developments in accordance with the Region's "Collection of Waste by Way of Entry on Private Property" policy (see attached copy). This requires, among other matters, that the internal driveway is designed to permit waste collection vehicles to safely turn around. Regional Public Works staff has advised that the proposed layout for the condominium development does not comply with Regional requirements. More specifically, the length of the driveway in front of Units 8 and 15 exceeds the Region's 15 metre limit for reversing waste collection vehicles. Therefore, the plan should be modified to meet the Region's waste collection policy. In conclusion, Regional Planning staff has no objection to draft approval of the draft plan of condominium from a Regional or Provincial planning perspective subject to the following condition: Yours truly, 2 1. That the draft plan of condominium be modified to comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW 2. W07) to the satisfaction of the Regional Niagara Public Works Department. If Y ou have any questions concerning these comments, please contact me for assistance. Please send notice of the City's decision on this application. Peter Colosimo, MCIP, RPP Senior Planner c: Mr. W. Stevens, Regional Public Works Mr. M. Colaneri, Pinewood Homes (Niagara) Ltd., 2125 Fruitbelt Parkway, Niagara Falls, ON L2E 6S4 Mr. A. Heywood, Matthews, Cameron, Heywood Surveying, 5233 Stanley Ave., Niagara Falls, ON L2E 7C2 M:\MSWORD \PC \Niagara Falls\ NFcondo \KalarRdDeerfieldBlock.doc DATE: TO: Niagara'��`f Region MEMORANDUM October 26, 2006 Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department SUBJECT: Circulation of Draft Plan of Vacant Land Condominium Owner /Applicant: Pinewood Homes (Niagara) Ltd. Proposal: 25 -Unit Townhouse Development Location: Deerfield Estates Block 276 W/S of Kalar Road, south of Forestview Boulevard In the City of Niagara Falls City File: 26CD -11- 2006 -02 Our File: D.11.04.66.642640417 (ID #5491) Waste Collection on Private Property A R r ivrr j\ OCT 3 0 2006 Regional Municipality 1. of Niagara PLANTING Regional Niagara Public Works Department has reviewed the above referenced Circulation of Draft Plan of Vacant Land Condominium and provide the following comments: We cannot support this site layout, as submitted. Since June 1, 2000 the Region has provided on -site household waste collection to private sites that provide a drive through road system (i.e. collection vehicles are not required to reverse in order to exit the site). New developments that are not large enough to provide a drive through street type collection may provide a cul-de -sac at the end of the roadway; again to avoid a backing -up manoeuvre. I n April of 2002, the Region also agreed to consider a dedicated 'T' turnaround area for restricted infill properties, where a through roadway or cul-de -sac could not be provided. In our opinion, the subject site layout does not comply with any of the options allowed, noting that a review of the proposed layout indicates that Units #8 and #15 are not able to receive waste collection, as the driveway is longer than the standard 1 5-metres for reversing waste collection vehicles. It has been our experience that purchasers of homes in these sites expect that their waste will be collected by the Region and quickly request that the Region does so, even though the developer has indicated that private collection will be the method of collection. This leaves the Region with the unfavourable situation of having to deal with the affected residents after the fact and the potential to subsequently compromise the Region's policy. Therefore, we would encourage the municipality to discuss this matter with the developer in hopes that an alternate layout can be achieved that would permit all units to receive municipal waste .collection or alternately private collection service. We trust that the foregoing Regional comments will be appropriately incorporated into any agreement entered into by the City with this applicant. i j St evens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department October 26, 2006 Page 2 of 2 CV /cm L:1Engi nee ring- Planni and DevelopmentWetrone Carmen\N iagara Fa11 s1CORRESPONDENCE 2006\13328.P.Coiosi c: Sherri Tait, Program Manager, Collection and Diversion Operations, Waste Management Services Division SEC11CN GENERAL ADMINISTRATION CORPORATE ADMINISTRATION POLICY MANUAL NAME OF•POLICy COLLECTION OP WASTE•By VVAY OF ENTRY ON PRIVATE PROPERTY DEVELCPED BY: WASTE MANAGEMENT DIVISION STAF APPROVED BY: PUBLIC WORKS UTILITIES COMM. DATE: MAY 23, 2000 EFFECTIVE DATE: JUNE 1, 2000 LATEST REVISION: APRLL.18, 2002 POLICY STATEMENT Page 1 of The Regional Municipality of Niagara assumed jurisdiction for waste diver$iort and planning on April 11, 1996 and jurisdiction over waste;, disposal and collection January 1, 199.7. Until that time each Area Municipality established _its own policies and procedures regardirc collection by way of entry. on private property:. In order •to` :establish a common approach for' collection by way of ertr y on private property t the Region of Niagara. the following shall: be the policy of the Region of Niagara. POLICY V In accordance with the Regional Municipality of Niagara By -law No. -1999 Regulating: The Use Of The Waste Management System (the "Waste: By -few •the. legion may enter private property for *collection purposes:provicfed 1.} the =lion has �det4rrnine� dt from` .time to time at the. private, roadways be Used by ys.to was ccif o n ve a p hY s ic a lt yi S atis.a c tory; and 2): the :o::ner$ or occtt ants o tf�e R: f° private• :pr.,operty,, have> exect,i ed+' tn:e:' e ti r Ag;reernerts _q c` ed Iodemnity. In the event that collection by Way of entry ori property.. is riot easible andlor where' all of the owners or occupants: of the private. property. have- riot executed the required Indemniri Ag n' reements, the. Regio may _refuse to collect waste by._ way.. :of.:, entry on the p perty, may, at its ow discretzon determine* aiternat ve .collection arrangements satisfactcrt to the Region and its collection contractor. Alternative' collection arrangements are restricted to the limits on nurnbers 'of refuse containers' as set out in. Schedule E of the CORPORATE ADMINISTRATION POLICY MANUAL sECnc*e GENERAL ADMINISTRATION NAME OF FOUCY COLLECTION OF WASTE BY WAY OF ENTRY ON -PRIVATE PROPERTY Waste 3y -law and the levels of services as set out in the Base Level of Waste Collection Service. PROCEDURE Section 1.0 Assessment of Eligibility for Entry an Private Property To determine eligibility for the provision of collection service by way of entry on private properties, the fofiovving screening criteria shall apply: 1) The physical ability to provide collection service on the private property (new or existing development) is based on the ability of the Region' s: collection contractor to access the proposed location:. The roadway shall ,be assessed by the Region and/or its contractor in light of the following requirements (a) the private roadways must be designed to permit: access to, and egress from .collection locations without reversing and unobstructed access to waste to be collected; (b). for developments that do not` permit' throug passage; .cu( -de =sac. wilt. be required- (note' that the td studies conducted oy• the Region and. waste -:collection vehicle specifications indicate that a turning `raelitls"of 1 titres, for tur f' around wits ut )eve sing. In` a .cuI de. -sqo is required);. (c): private'' roadways= iiiust"-have a -minirrtunf. width:= of .00 metres. (riofe that such roadways may be required to have a gr _width' if the roadway is designated as a fire. route or p.errnits. par parking. along: same); 1. C3.C17 Page 2 of 5 (d) the throat. of the raadwa�t:must have a minirnurr width of 7 ..35 metres with a curb radius of 6.00 metres if it connects to a roadway-under Regional jurisdiction; NI =FA r6y� SECTION GENERAL ADMINISTRATION NAME OF POLICY COLLECTION OF WASTE BY WAY OF ENTRY ON PRIVATE PROPERTY (e) the overhead clearance must meet or exceed the standards prescribed pursuant to the. Ontario Highway Traffic Act (Section 119) (f) the internal roadway must be clear of ice and snow, and; (g) the developer or property owner(s) or .authorized representatives .wilt be required to contact the Region of Niagara, Waste Management Services Info -Line at 905- 687 -9595 or 1 -800- 594 -5542 in order to have curbside collection services commence. For safety and liability reasons, the Region :requires that a privdte •roadway be designed to permit a coliecti.on: vehicle to .service areas tr without the ued to reverse. In such situations where the requirements under (a) and (b1` :cannot' be niet, the Region will consicer the use of a "T" turnaround area (also known._ as a•. "hanrrierhead as .an alterrative turn around method. A T turnaround' must be. 'designed in accordance with the minimum dimensions outlined in Appendix .1. The "T" turnaround area must be dedicated specifically for the turnin g' movements' Qf �coltep�tic�n "veE►ci�s and_ shatl have appropriate signage• indicating that parking will not be permitted in the area required by the ccitection vehicles to turn around. Repeat obstruction of the turnaround area wiii result in Ions of. curbside collection service. Section 2.O Altemative Collection-. Service: CORPORATE ADMINISTRATION POLICY MANUAL C3.C17 Page 3 of 5 2) Pro e executed p X t de. Agreernents must be: o btairi�ed� by the 'cvilecxon'� contractor on beralf of the. Region private from all ro owners 010 n p P�erty': or oc cupants (incfuding condominium corpforations)' prior= to:•-' the commencement of coll "services° on a artic�iar� rivate .roadv�a' or to a p .p y p ..P rty The..pref erred: for.'m :of tfief lndemn Agreement is attached as Appendix 2 to'.tfiis and labeled "Acknoityledgernent if the Region determines that it is not, feasible for collection vehicles to enter on private property or the purpose of collection, or if the property owners have not executed. the CORPORATE ADiV11NJSTRAT1ON POLICY MANUAL c3.ci7 NAME OF POLICY ,COLLECTION OF WASTE BY WAY OF ENTRY ON PRIVATE PROPERTY SECTION GENERAL ADMINISTRATION Page 4 of 5 required Indemnity Agreernent(s), the Region, at it's oven discretion and on a case -by- -case basis, may assess the feasibility of providing alternative collection arrangements. Alternative arrangements for collection are restricted to the limits' on numbers of refuse containers as set out in Schedule E of the Waste By -law and levels of services as set out in the Base Level of Waste Collection Service,. and must meet the requirements of the Region and its' collection contractor. If the property (ies) require a different level of service than provided in the Base Level of Waste Collection Service, for exatple, a containerized service, then either: a} The Area Municipality can choose, at its-.own cost, to provide an enhanced level of service as a component of the collection contract ar b). The property owners) strati be responsible *making arrangements, at its own cost, with a private contractor for waste management service Section 3.0 Collection Components In accorcance with the' a pproved Base Level of Waste Collection Service, private properties that mee: the conditions- described in Section i .0 above are eligible to receive the following collectfcn services: 1. Regular weekly, solid` waste collection; from •the sectors and within the.. container limits specif ed in the Waste By -law.. 2. Niue cox recycling collection (b.i- weekty)R and where warranted, based an volumes of re c:a ores generated,; rec clin carts: co e l pe t tile: s y 9 f Goon ir�•��ae�card�a ;ir �i�. provi �vf t te� Waste' By- lav r :s. r 3: rincj alt Leaf Si Sp ,Yard Waste Collection from: single family residential units and multi unit bc:ildirigs; witl or fewer u nits located within urban areas, =withirf the restrictions specified in the Wa By- ia3�t: 4. Christ as tree collectio' from single family residential units and rnulti -unit .buildings with 5 or fewer units :served by regular weekly solid: waste: collection, within the restrictons specified in the Waste By -law. i SECi10 H GNERAL. ADMINISTRATION References: CORPORATE ADMINISTRATION POLICY MANUAL COLLECTION OF WA We WAY OF ENTRY ON PRIVATE PROPERTY 5. White Goods and Bulky Goods Collection from single. family residential units and multi- unit buildings with 5 or fewer units served by regular weekly solid waste collection, within the restrictions specified in. the Waste By -law. 6. Any Enhanced Level of Service as determined and paid for by the Area Munici alit p v Section 4.0 Term and Expiry Date' of Indemnity Agreements (Acknowledgement) Indemnity Agreements expire on the same date as the collection contract. Each new waste collection service tender shall include a list of ro .erties lave. P p for which Indemnity Agreements are in p The successful bidder for each applicable- tender is responsible for ensuring new lnderrinity Agreements are executed prior to the commencement of a new collection contract. NAME OF POLICY Page. 5 of 5 Report Committee Date Council Date Potic i�lo: PWA Z 1 :-2000 May 23, Y 2000 June 1, 2000 PW2W07 PWA62 =002 April- 9, 2002. April. 18,.2002 PW2W07 as amended r. 1 -TURNAROUND DIMENSIONS i i Minimum Requirements for Regional Waste Collection Ve.:1-.cle 1 Collection of Ws* e Sy Way of Entrj on Private Property tni E• 7. 34. 1 i N ..v.2..,-.< 7 Arrow s ndiccte direction cf vehicle.. SCALE' Z00 are :n metre!. Septemper 'J. 2002 —„32 0. POLcr ,FW2214;07 I FROM: AND: ACKNOWLEDGMENT (Name of private property owner) (Address of private property owner) (Name of duly authorized agent of private property owner) (Address of duty authorized agent) Appendix 2 Policy ?W2.WO7 TO: THE REGIONAL MUNICIPALITY OF NIAGARA and its officers_ employees, agents and contractors (`Region to consideration of waste collection from the private property of the Owner, :he Owner on behalf of all owners, occupants and invitees,. and the heirs executors administrators, successors and assigns of the owners, occupants acid invite~: to: s agrees Q) permit the Region to enter the private property for Waste collection P urcQSes; n) Indemnify and hold harmless the Region against all actions, suits; `dazms and demands which may be brought against or made 'upon the Region. and against all lo costs, damages or expenses whatsoever (Including, but not limited to damageto any pavement, driving surface or boulevard caused by the en o re entry, of waste Collection vehicles) which may be incurred. by the Region in consegtiente of such entry, except fosses, costs damages or expenses caused by, the Region's negligence; iii) grant the Region full power to settle any such actions, suits, claims arc` d on such terms as the Regionmay consider advisable; and emends iv) pay the Region on demand all moneys paid by. the Region pursuant:to a settlement- and also such sums as shall represent the reasonable osts. clt the Region and its solicitors in defending or settling any such actions suits, claims or. demands: Sighed, sealed and delivered (Signature of Witness) er ar Srgnrng Officer {Signature of Own (seal) (Date) (Print naive of Signingpfftcer), (Si OR g e of Witness) seal) (Signature of Duty. Authorized Agent)' (Date) (Print name of Duty Authorized Agent) I covenant that t am the agent of the private property owner, duly authored to bind the: said owner to this Acknowledgment Clerk's Department Inter- Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: By -law 2006 -205 The City of Niagara Falls Canada Date: November 20, 2006 The first by -law listed on this evening's agenda is a result of a recent O.M.B. decision. It is one of the rare cases where Council is required by law to respect the order of the O.M.B. and pass the by- law (i.e., you can not vote against the passage of the by -law). The O.M.B. decision is included for your information and Assistant City Solicitor, Ken Beaman offered this background: The lands that are the subject of this by -law are located in Chippawa and are illustrated in Schedule lof the by -law. The existing zoning of this land which was put in place by council in 1996, permitted a selection of residential land uses. The Applicant sought a change in the permitted residential uses. At the same time, the applicant sought certain minor revisions to the approved plan of sub division of these lands. The matter came before council on March 20, 2006. Staff recommended approval of the by -law and Plan of Sub- division. Council voted against the staff recommendation and the Applicant appealed to the Ontario Municipal Board. The board heard two days of evidence in September of 2006 and on October 26, 2006 issued an order in favour of the applicant. Both the by -law and the plan of sub division were approved. In making this order, the OMB has ordered that the city enact the attached by -law. Council is required by law to respect this order. LEGALDEPT, OCT 3 0 2006 ACTION DISCUSS INFO ISSUE DATE: Oct. 26, 2006 DECISION /ORDER NO: i 3015 imagENgamesse (Filings Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario Queensway Chippawa Properties Inc. has appealed to the Ontario Municipal Board under subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of Niagara Falls to refuse approval of a proposed plan of subdivision on lands composed of Part Lots 19, 20 and 21, Concession 3, in the City of Niagara Falls 26T -94009 26T -11- 2005 -01 OMB File No. S060034 Queensway Chippawa Properties Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By -law 96 =242 of the City of Niagara Falls to rezone lands respecting Part Lots 19, 20 and 21, Concession 3 from R3, R3 -H, HL, Open Space and NC to R3, R4, Open Space, EPA and DH to permit the development of a residential subdivision OMB File No. Z060 APPEARANCES: Parties Counsel City of Niagara Falls Ken Beaman Queensway Chippawa Properties Inc. Ronald K. Webb DECISION DELIVERED BY J. FLINT AND ORDER OF THE BOARD Queensway Chippawa Properties Inc. (the Company) owns a vacant 43.336 hectare property in the former Township of Chippawa, now the City of Niagara Falls (the City). In 1996 a zoning by -law and draft plan of subdivision were approved for the north portion of the property to permit a development of 136 single- detached, 62 semi- detached and 18 residential townhouse units. Nothing has been built to date. The Company would now like to revise the plan of subdivision, and develop the remaining land in a similar fashion. It is already zoned in anticipation of such development subject to a holding provision. To these ends, the Company filed a revised plan of subdivision and a new plan of subdivision for the south portion. The Company also applied for a zoning by -law amendment for the entire property. The City of Nia applications and the Company appealed. ra a s re PL060322 use e 2 PL060322 The subject property is located at the northwest corner of Sodom Road and Willick Road in the southeast region of the urban area of Niagara Falls. To the north is a subdivision of 53 single- detached dwellings developed prior to 1996 by the same company; to the east along Sodom Road there are scattered residential Tots, an arena, a restaurant and cash crop farmland. There are residential Tots on the south side of Willick Road. On the west, the subject property abuts the rear yards of residential properties on Lyons Creek Parkway, a "dead end" road that runs south from Lyons Creek Road. Lyons Creek flows between these roads. It is a navigable body of water leading to the Welland River. The subject property contains at least three notable elements: a creek known locally as Hunter's Drain is located near the eastern boundary and across the north part of the property. There is a small heritage cemetery near the mid -point of the Willick Road frontage and a significant woodlot at the southwest corner of the property. Except for the creek bed, the terrain is generally flat. The subject property is designated Residential and Environmental Protection Area in the City of Niagara Falls Official Plan and Residential Development Area in the Chippawa Community Secondary Plan. The property is zoned in part Residential Mixed (R3), Residential Mixed Holding (R3 -H), Hazard .Land (HL), Open Space (OS) and Neighbourhood Commercial (NC). Mr. Mark D. Yarranton, a qualified land use planner, testified in support of the application. The two participants, Mr. Jim Mancuso and Mr. David Jackman were opposed. The City of Niagara, while party to the hearing, called no witnesses. Mr. Yarranton told the Board that the 53 -unit subdivision of single- detached dwellings on land immediately north of the subject property is Phase 1 a three phased development planned by the Company. The 1996 plan for the north portion of the subject property is Phase II. It contains wide shallow lots to be developed with one and one -half storey dwelling units. The revised plan changes the configuration of the lots. They are now narrower and deeper in order to accommodate single- detached, semi- detached and townhouse dwellings up to two storeys in height. Phase III, that includes most of the balance of the property, provides for a mix of housing types and contains a centrally located park and storm water management pond, a pedestrian link to Lyons Creek Parkway, and network of local and collector roads that that are coordinated with 3 PL060322 those of Phase II. There is also an emergency -only access to the subdivision from the north end of Lyons Creek Parkway. The heritage cemetery, the woodlot and the park and storm water management area are proposed to be deeded to the City and zoned Open Space (OS). The environmentally sensitive land in the vicinity of Hunter's Drain is to be zoned Environmental Protection Area (EPA), and the majority of the land will be developed with a mix of housing types. The Company will also develop a walking trail near the creek. A portion of land between the creek and Sodom Road in the southeast corner of the property, and another portion near the EPA zone at the northeast will not be developed at this time. Zoning for those parcels is Development Holding (DH). Mr. Yarranton noted that housing types within the subdivision have been located so that single- detached units are on the perimeter, semi detached units are located throughout, and townhouses are located internally near the park. Storm water flows are directed westward from the pond towards Lyons Creek through a channel beside the pedestrian walkway. Approximately one -third of the run off will be accommodated in this fashion. The remainder of the storm water run off will drain via Hunters Creek. Over the course of a day, Mr. Yarranton provided detailed planning evidence in support of the application. His testimony and opinion that the application conforms to the Provincial Policy Statement and both the Niagara Region and City of Niagara Falls Official Plans_ was unchallenged and uncontradicted. He noted in particular that the EPA zone is consistent with Conservation Authority standards and, except for a pedestrian trail, is to be left in a naturalized state. All agencies support the application. However the City Engineering Department reports that at this time there is sewer capacity for only 129 new residential units. The Company plans to build them at the north end of the property. Development of the remaining units is subject to a holding provision. Mr. Yarranton also reviewed the proposed plan of subdivision against the fourteen criteria of section 51(24) of the Planning Act that regulates land divisions. In his opinion, the application subject to the revised conditions entered as Exhibit 9, meets all relevant criteria and represents good planning. 4 PL060322 Both participants live on Lyons Creek Parkway and their properties back onto the proposed Phase 111 plan. Their primary concern is water management, followed closely by fears that their road will be closed to Lyons Creek Road. Their residential lots are wider than those proposed to be located behind them and they do not like the prospects of having two or three lots directly behind them, each containing a two- storey dwelling. They prefer the new houses be set further away from their houses and /or a berm or green belt established as a buffer. They also regret the loss of the natural ambience and wild life, and worry about the effects of development on the woodlot. However, storm water management is the most pressing issue for them because several property owners on Lyons Creek Parkway. have experienced flooding and damage to their homes. The participants maintained that the existing drainage system on their street is inadequate for the amount of storm water that is generated and their sump pumps are running twenty -four hours a day. There is strong objection to any development that will' exacerbate this situation. The Board finds it understandable that there should be an outcry from residents who are faced with a development where a walkway into their quiet "dead end" residential community could be used by motorized vehicles, where their local road connection to the main highway is closed, the nearby woodlot that they enjoy is threatened, and their back yard privacy is reduced; and, worst of all, there is "no guarantee" that their existing year -round flooding and drainage problems will not be made worse. The Board finds, however, that during the course of the hearing these issues were addressed. Solutions were presented and positively received. For example, it was the evidence of Mr. Yarranton that the Site Plan will include mechanisms to prevent motorized vehicles from using the walkway and also insure that the widest lots in the subdivision back onto the Lyons Creek Parkway properties. The closure of Lyons Creek Parkway is not part of the application. The woodlot, that is highly valued for its quality and ambience, will be deeded to the City for maintenance and protection. Only a nature trail designed to Conservation Authority standards will be permitted in the EPA zone. Moreover, the number of residential units built at any one time will be determined by sewer capacity; and the entire project is subject to Site Plan Control where traffic safety is addressed. 5 PL060322 The Board finds that the serious and sometimes dangerous flooding drainage situation on Lyons Creek Parkway g and y t hat was reported by residents, already exists and cannot be attributed to the proposed subdivision. Prior to 9 water management development, the City requires engineering studies and r plans for the subdivision to insure that storm water will be managed on site and will not add experienced by Lyons Creek Parkway dd to the y residents. The Board notes that the City has acknowledged that there is a flooding problem in the Lyons Creek neighbourhood and has commissioned a study, Y Parkway y, that includes citizen input, to find a solution and ways to implement it. This news was welcomed by the artici ants. P p As reviewed by Mr. Yarranton, the applicable planning instruments development in Ontario municipalities g nts governing p ies rnclude the Provincial Policy Statement, Provincial Places to Grow legislation and Official Plans. The Provincial Policy Statement mandates the efficient use of land, services and infrastructure; the the Places to Grow policies direct residential intensification to settlement areas in lands for specific uses, in this protect agricultural land; and Official Plans designate la t his s case, residential and environmental protection. Based on the unchallenged professional opinion of the planner, the Board finds that this application g three. PP conforms to all The Board also finds that the concerns raised by the participants can be addressed by Site Plan Control, the Zoning By -law and, in the case of flooding on Lyons Parkway, by the City in response to an independent study. g yons The Board, therefore, allows the appeal. The City of Niagara Falls is directed to amend By -law 96 -242 as set out in Attachment 1. The Draft Plan of Subdivision hereby as Attachment 2 is approved subject to the conditions entered as Y hereby attached as Attachment 3. s Exhibit 9 and The Board so Orders. "J. Flint" J. FLINT MEMBER CITY OF NIAGARA FALLS By -law No. 2006 -205 A by -law to amend By -law No. 395, 1966, By -law No. 79 -200 and By -law No. 96 -242, to permit the development of a residential plan of subdivision on the west side of Sodom Road, north side of Willick Road, and southeast of Lyon's Parkway and Lyon's Creek Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. None of the provisions of By -law No. 395, 1966 shall apply to prevent or to prohibit the land on the west side of Sodom Road, north side of Willick Road, and southeast of Lyon's Parkway and Lyon's Creek Road, being part of Township Lots 19, 20 and 21, Concession 3, and part of the road allowance between Township Lots 20 and 21, Concession 3, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R3 and numbered 760, in part, R3(H) and numbered 760, in part, R4(H) and numbered 761, in part, EPA and numbered 762, in part, OS, in part, and DH, in part, on the plan Schedule 1 attached to and forming part of this by -law, from being added and included as a defined area and placed under the control of By -law No. 79 -200. 2. Sheet D7 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R3 and numbered 407, in part, R3(H) and numbered 407, in part, NC and numbered 408, in part, OS and numbered 409, in part, HL, in part, and R1 C and numbered 422, in part, to R3 and numbered 760, in part, R3(H) and numbered 760, in part, R4(H) and numbered 761, in part, EPA and numbered 762, in part, OS, in part, and DH, in part, the land on the west side of Sodom Road, north side of Willick Road, and southeast of Lyon's Parkway and Lyon's Creek Road, being part of Township Lots 19, 20 and 21, Concession 3, and part of the road allowance between Township Lots 20 and 21, Concession 3, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R3 and numbered 760, in part, R3(H) and numbered 760, in part, R4(H) and numbered 761, in part, EPA and numbered 762, in part, OS, in part, and DH, in part, on the plan Schedule 1 attached to and forming part of this by -law. 3. Notwithstanding the provisions of clause (c) of section 4.19.1, clauses (c), (e) and (f) of section 7.8.1, subclauses (a)(i), (a)(ii), (b)(i), (b)(ii), (b)(iii), (b)(iv) and (b)(v), clause (c), subclauses (e)(i) and (e)(ii), and clauses (f), (g) and (h) of section 7.8.2, and in addition to the regulations contained in section 7.8.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R3 and numbered 760, in part, and R3(H) and numbered 760, in part, on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum lot area (i) for a one family detached dwelling 450 square metres (ii) for a semi detached dwelling 500 square metres (b) Minimum lot frontage -2- (i) for a one family detached dwelling 133 metres on an interior lot (ii) for a one family detached dwelling 15.3 metres on a corner lot (iii) for a semi detached dwelling on an 15.3 metres interior lot (iv) for a semi- detached dwelling on a 17.1 metres corner lot (v) for an on- street townhouse dwelling 6 metres for each dwelling unit (c) Minimum front yard depth (i) for a dwelling unit 4.5 metres (ii) for the garage portion of a dwelling 6 metres unit with the vehicular entrance to the front yard (iii) for a roofed over 1- storey porch (d) Minimum interior side yard width (i) for a one family detached dwelling or 1.2 metres a semi- detached dwelling (ii) for an on- street townhouse dwelling 1.8 metres (e) Minimum exterior side yard width (i) for a dwelling unit 3 metres (ii) for the garage portion of a dwelling 6 metres unit with the vehicular entrance to the exterior side yard (f) Maximum lot coverage (i) for a one family detached dwelling or 50% a semi detached dwelling (ii) for an on- street townhouse dwelling 60% 2.5 metres, notwithstanding clause (d) of section 4.14 of By- law No. 79 -200 -3- (g) Maximum height of building or structure (h) Garages 11 metres each dwelling unit shall have an attached garage 4. For the purpose ofthis by -law and interpreting compliance with section 2.31.5 of By -law No. 79 -200, where side lot lines are not parallel, the "lot frontage" shall be measured at 6 metres from the front lot line for the land described in section 1 of this by -law and shown hatched and designated R3 and numbered 760, in part, and R3(H) and numbered 760, in part, on the plan Schedule 1 attached hereto. 5. In addition to the regulations contained in section 7.9.2 of By -law No. 79 -200, no person shall use the land described in section 1 ofthis by -law and shown hatched and designated R4(H) and numbered 761 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum yard depth between the rear 7.5 metres exterior wall of any townhouse dwelling unit and any property line 6. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 762 on the plan Schedule 1 attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or trees or regrade any of the land, except for public services including walkways. 7. For the purpose of this by -law and interpreting compliance with section 3.4 of By -law No. 79 -200, the interior zone boundaries on the plan Schedule 1 attached hereto shall be considered to follow the appropriate final lot and block lines of the registered plan(s) of subdivision on the land. 8. The holding symbol (H) that appears in section 1 of this by -law and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated R3(H) and numbered 760, and R4(H) and numbered 761, on the plan Schedule 1 attached hereto for any purpose prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall receive approvals from the City of Niagara Falls, the Regional Municipality of Niagara and the Ministry of Environment once water, sanitary and stormwater servicing capacity is available. 9. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.760 Notwithstanding the provisions of clause (c) of section 4.19.1, clauses (c), (e) and (f) of section 7.8.1, subclauses (a)(i), (a)(ii), (b)(i), (b)(ii), (b)(iii), (b)(iv) and (b)(v), clause (c), subclauses (e)(i) and (e)(ii), and clauses (f), (g) and (h) of section 7.8.2, and in addition to the regulations contained in section 7.8.2 of By -law No. 79 -200, no person shall use the land on the north side of WiIlick Road, west of Sodom Road and southeast of Lyon's Parkway and 19.1.761 19.1.762 19.1.407 -4- Lyon's Creek Road, designated R3 and numbered 760, in part, and R3(H) and numbered 760, in part, on Sheet D7 of Schedule "A except in compliance with By -law No. 2006 -205. In addition to the regulations contained in section 7.9.2 of By -law No. 79- 200, no person shall use the land west of Sodom Road and north of Willick Road, designated R4(H) and numbered 761 on Sheet D7 of Schedule "A except in compliance with By -law No. 2006 -205. No person shall use the land west of Sodom Road, extending from Lyon's Creek Road to Willick Road, designated EPA and numbered 762 on Sheet D7 of Schedule "A except in compliance with By -law No. 2006 -205. 10. Section 1 of By -law No. 96 -242 is repealed and the following is inserted in lieu thereof: 1. None of the provisions of By -law No. 395, 1966 shall apply to prevent or to prohibit the land on the north side of Willick Road and east side of Ort Road, as well as land west of Sodom Road and south of Nassau Avenue, being part of Township Lots 19 and 20, Concession 3, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R3(H) and numbered 407, in part, OS and numbered 409, in part, and HL, in part, on the plan Schedule 1 attached to and forming part of this by -law, from being added and included as a defined area and placed under the control of By -law No. 79 -200. 11. Subsections 2(1) and 2(3) of By -law No. 96 -242, and "which said parts of Township Lots 19, 20 and 21 referred to above are now designated in part Rural and in part Conservation Open Space by By -law No. 395, 1966. being the last two lines of Section 2 of By -law No. 96 -242, are repealed and the remaining subsections 2(2), 2(4) and 2(5) are renumbered 2(1), 2(2) and 2(3), respectively. 12. Subsections 5(1), 5(2) and 5(3) of By -law No. 96 -242 are amended by deleting the term "R3" and inserting the term "R3(H)" in lieu thereof. 13. Sections 6, 9 and 10 of By -law No. 96 -242 are repealed. 14. Subsection 19.1.407 of Section 11 of By -law No. 96 -242 is repealed and the following is inserted in lieu thereof: No person shall use or erect any building or structure on the land located on the north side of Willick Road and east side of Ort Road, designated R3(H) and numbered 407 on Sheet D7 of Schedule "A" of By -law No. 79 -200, except in accordance and in compliance with By -law No. 96 -242. 15. Subsection 19.1.408 of Section 11 of By -law No. 96 -242 is repealed. 16. Sections 7, 8 and 11 of By -law No. 96 -242 are renumbered Sections 6, 7 and 8, respectively. 17. Section 19.1.407 of By -law No. 79 -200 is repealed and the following is inserted in lieu thereof: 19.1.407 -5- No person shall use or erect any building or structure on the land located on the north side of Willick Road and east side of Ort Road, designated R3 (H) and numbered 407 on Sheet D7 of Schedule "A" of By -law No. 79 -200, except in accordance and in compliance with By -law No. 96 -242. 18. Section 19.1.408 of By -law No. 79 -200 is repealed. 19. Schedule 1 to By -law No. 96 -242 is repealed and the plan Schedule 2 attached to and forming part of this by -law is inserted in lieu thereof and shall be referenced as Schedule 1 to By -law No. 96- 242. Ontario Municipal Board Order: #3015 (Case #PL060322, File #Z060048) Date: October 26, 2006 SCHEDULE 1 TO BY -LAW No. 2006 -205 Subject Land Description: 36;9.17 28.0:m 07.J111 N 3 65.53 m 86.96 m 13.72m 66.92' m i 70.13m 1 !60.6.m_ t m 57.91 105.88m 57.91 cot ct ______153.2 m 1N II..LICK 367..44,m 32.46.m 34.0 m 66.9 m E r i 5 38.76 m 63 Y t 1 1 1 32.52 m WO r +95M% Applicant: Queensway Chippawa Properties Inc. Assessment 272513000311200 K :\GIS Requests\2005\ Schedules \ZoningAM\AM- 32\mapping.map 7 Km: Ea] JIIIJIIlllIllhI Amending Zoning By -law No. 79 -200 Part of Township Lots 19, 20 and 21, Concession 3, and part of the road allowance between Township Lots 20 and 21, Concession 3, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1:NTS AM- 32/2005 August 2006 SCHEDULE 2 TO BY -LAW No. 2006 -205 SCHEDULE 1 TO BY -LAW No. 96 -242 L\A Subject Land Description: Applicant: K: \GIS_ Requests \1996\AM- 07\mapping.map i 3.0 m 283.45 m J 04 aMat Mag Sia lt Vat.LA M'AlaN ri4giz' i Amending Zoning By -law No. 79 -200 Part of Township Lots 19 and 20, Concession 3, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara Queensway Chippawa Properties Inc. I :NTS AM -07/96 August 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to designate Block 111, Registered Plan 59M -92, not be subject to part -lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part -lot control, not be subject to such part -lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the division of the said land would allow two small triangular parcels to be combined with two abutting lots in the subdivision (Lots 1 and 2, 59M -92); AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 111, Registered Plan 59M -92, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for one year from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006 November 20, 2006 November 20, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of an Agreement with Canadian Pacific Railway and Studio V Architecture, PLLC, respecting the retention of services by Studio V Architecture, PLLC, for the integration of the former CP Railway Bridge into the Niagara Falls Downtown Strategic Implementation Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: l An Agreement made between The Corporation of the City of Niagara Falls as City, Canadian Pacific Railway as CP and Studio V Architecture, PLLC as Studio V, respecting the retention of the services of Studio V to assist in creative solutions to add value to an underutilized asset and integrate the former CP Railway Bridge into the Niagara Falls Downtown Strategic Implementation Plan, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006 November 20, 2006 November 20, 2006 THIS AGREEMENT made as of the 1st day of November, 2006. BETWEEN: 1.0 The Project: THE CORPORATION OF THE CITY OF NIAGARA FALLS and CANADIAN PACIFIC RAILWAY and STUDIO V ARCHITECTURE, PLLC IlayE 1 Hereinafter called the "City" Hereinafter called "CP" Hereinafter called "Studio V" The City and CP wish to retain the services of Studio V to assist them in finding creative solutions to add value to an underutilized asset and integrate the former CP Railway Bridge into the Niagara Falls Downtown Strategic Implementation Plan, hereinafter referred to as the "project" the particulars of which are: 1.1 The Bridge and Right of Way: The former CP Railway Bridge traverses the Niagara River gorge and crosses the international boundary line between Canada and the United States with approximately half of the structure located in Canada, in the City of Niagara Falls, Ontario, the other half of the structure is located in the United States, in the City of Niagara Falls, New York. The railway right of way is a linear band of land that varies in width and extends from Queen Street, Niagara Falls, Ontario, Canada to the center of the bridge from the Canadian side. The study will also take into account the existing additional bridges on the Canadian side located at: Zimmerman Avenue, Park Street, Cataract Avenue and River Road. 1.2 The Nature of the Project: Hays 2 Studio V will undertake a feasibility study for the adaptive re -use of the existing former railway bridge, in the City of Niagara Falls, Ontario, Canada. The study will look at potential new uses and planning solutions for the structure, adding new structures on top of, around, under, or adjacent to the existing railway bridge and will illustrate how they will impact the bridge, the surrounding land and the Niagara Falls Downtown Strategic Implementation Plan. The purpose of this study will not be to explore the economic implications of creating new commercial or vehicular border crossings, rather, the goal will be to find a use or uses that are sufficiently viable, economically attractive and compelling so that a suitable developer can be found for the bridge, with the ultimate goal being a successful sale of the bridge, its development and integration into the revitalization of the Niagara Falls, Ontario Downtown. 1.3 Project Assumptions: For the purposes of this study, it will be assumed that, 1.3.1 All or nearly all of the proposed development and re -use of the bridge will be focused on the Canadian side. 1.3.2 Some form of barrier will remain in place to ensure border security that is equivalent to, or more extensive than, the current barrier at the center of the bridge. 1.3.3 The proposals for the bridge will incorporate or co- ordinate some portion of the adjacent former railway right of way, integrating the bridge into the surrounding urban fabric with areas adjacent to the bridge considered as an additional part of the study. 1.3.4 As per the approved Downtown Strategic Implementation Plan, that the bridge at Zimmerman Avenue may be removed, the bridge at Park Street may be retained, the road at Cataract Avenue may be removed (although the existing bridge may remain in place) and the bridge at River Road that leads onto the main structure of the bridge over the gorge will remain in place. 1.3.5 Adaptive re -use of the existing structure, including additional static loads from new structures and public access, may be reasonable and that this additional loading may even be possible given the degradation of the existing structure over time with little maintenance, given the significantly higher dynamic loads which it was originally designed to take. 2.0 Scope of Work: 2.1 Phase 1- Concepts: An assumption based upon preliminary discussions during the SIP between Walker Group and engineers that specialize in the re -use of former industrial structures, which would need to be reviewed and validated by a qualified and licensed engineer following this feasibility study, based on appropriate uses and concepts developed for the bridge. 2.1.1 Phase I shall begin, fourteen (14) days after, the date that this Agreement has been executed by all of the parties. 2.1.2 Studio V shall, within twenty -one (21) days of Phase I beginning, provide to the City and CP the following deliverables: 2.1.2.1 research into adaptive re -use of former railway and other industrial structures; 2.1.2.2 three (3) re -use proposals, each to contain: 2.1.2.2.a 2.1.2.2.b 2.1.2.2.c Hays 3 concept images, illustrating existing or proposed adaptive re -use of industrial structures and other suitable examples; basic plans, sections and digital three dimensional models from existing conditions (approximate unless a full survey of the existing structure is available from CP) for the three concept images; and six (6) copies of Programming Concepts showing approximate total areas and a brief description of potential program uses. 2.1.3 On receipt of Phase I deliverables, all three parties shall review and discuss the re -use proposals prior to moving forward with Phase 11 of this Agreement. This meeting shall be held either in Niagara Falls, Ontario, Canada or by way of a Conference Call at a mutually agreed upon time. At the conclusion of this meeting a determination will be made as to whether or not the City and CP will require Studio V to continue to Phase II of the Project. fIayc 4 2.1.4 In the event that a decision is made to go no further with the project, this agreement will come to an end, with the Fees as set out in paragraph 3.1 below only applying in addition to any outstanding reimbursable expenses to date. 2.1.5 In the event that a decision is made to go further with this project, Phase II obligations shall apply. 2.2 Phase II Design Development: 2.2.1 Phase II shall begin, fourteen (14) days after, the date that a meeting has been held as set out in Paragraph 2.1.3 above and a decision has been made to go forward with Phase II of this Project. 2.2.2 Studio V shall, within twenty -eight (28) days of Phase 11 beginning, further develop the three (3) re -use proposals and provide to the City and CP with respect to each one revised: 3.0 Compensation Payment: 2.2.2.1 Programming Concepts six (6) copies; 2.2.2.2 Concept Plans six (6) copies; 2.2.2.3 Concept Sections six (6) copies; 2.2.2.4 Concept Perspectives six (6) copies; and 2.2.2.5 Planning Diagrams and text to illustrate how the three (3) re -use proposals will be integrated into the Niagara Falls Downtown Strategic Implementation Plan. 3.1 The City and CP agree to pay to Studio V a fixed fee of thirteen thousand, six hundred and fifty dollars, payable in United States currency, ($13,650.00 U.S. Funds) upon an on -time completion of Phase 1 of this Agreement, which fee is exclusive of any required taxes and reimbursable expenses. 3.2 In the event that a decision is made to proceed to Phase 11 of the Project, the City and CP agree to pay to Studio V a further fixed fee of thirteen thousand, six hundred and fifty dollars, payable in United States currency, ($13,650.00 U.S. Funds) upon an on -time completion of Phase 11 of this Agreement, which fee is exclusive of any required taxes and reimbursable expenses. flays 5 3.3 The City and CP agree to provide Studio V with a retainer in the amount of four thousand, ninety -five dollars, payable in United States currency, ($4,095.00 U.S. Funds) representing thirty percent (30 of the fixed fee for each phase of the agreement. The retainer to be paid to Studio V following the execution of this agreement, and to be deducted from the last invoice due to Studio V in conjunction with this Agreement. 3.4 Studio V shall invoice the City at completion of Phase I with payment due within fifteen (15) days after the date of the invoice. In the event that the project proceeds to Phase II, Studio V shall invoice the City at completion of Phase II with payment due within fifteen (15) days after the date of the invoice. 4.0 Reimbursable Expenses; 4.1 In addition to the fixed fee compensation referred to above, Studio V shall be entitled to be reimbursed for reasonable and actual out -of- pocket expenses, subject to the prior approval of the City, in connection with the project, at Studio V's cost and without mark up. These expenses include, but may not be limited to, travel, communication, reproduction, computer plots, postage and handling, messengers and overnight delivery service, to a maximum limit of $4,700.00 in United States currency. 5.0 Ownership of Documents: 5.1 All drawings, specifications and other documents prepared by Studio V are instruments of service for use solely in connection with the project. Studio V shall be the owner of these documents and shall retain all rights, including copyright, in the documents regardless of whether the project is executed. IN WITNESS WHEREOF the parties hereto execute this Agreement this day of 2006. STUDIO V ARCHITECTURE, PLLC Per: eral algo a, AIA Principal CANADIAN PACIFIC RAILWAY Per Kevin 'a'' Manage Sales Real Estate Ontario THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Salci, Mayor Dean lorfida, City Clerk 114xyg 6 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 "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006. November 20, 2006. November 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Darlene Case Arthur Clark Robert Cowper Bill Crowder Alex DeGaust Raymond Devitt John Formica Hanya Goforth William Graham Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard David Lewis Jason MacLean Rob McDonald Edward Allan McDonnell John McLeod John McPherson Shawna McSporran Al Poisson Jim Reggler Stewart Rodgers David Smith Frank Snow Gary Statchura Jana Vermeulen Sue Wheeler Les White Brenda Wylie SCHEDULE "C" A by -law to establish Parts 1 and 11 on Reference Plan 59R -13223 as a public highway, to be known as and to form part of Victoria Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part of Lot 486 Plan 297 Town of Niagara Falls being Part 1 on Reference Plan 59R- 13223, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That part of Lots 479, 480 481 Plan 9 Niagara Falls; Part of Lots 487 and 488 Plan 297. Niagara Falls being Part 11 on Reference Plan 59R 13223, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 3. That said Parts 1 and 11 on Reference Plan 59R -13223 that are hereby established as a public highway, be known as and form part of Victoria Avenue. Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006. November 20, 2006. November 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 395, 1966, to temporarily permit a machine shop operation on a parcel of land zoned Rural. WHEREAS pursuant to Section 39 of the Planning Act, the council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize the temporary use of land for any purpose set out therein that is otherwise prohibited by the by -law; AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable to enact such a by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. None of the provisions of subsection VI (1) of By -law No. 395, 1966 shall apply to prevent the use of the land on the southwest corner of Marshall Road and Ort Road and being Part of Township Lot 12, Concession 4 Niagara River, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched on plan Schedule 1 attached to and forming part of this by -law, or the use of a building thereon, having a maximum floor area of 335 square metres, for the purpose of a machine shop for the specialized machining of specific products, for a period of up to three years. This by -law expires at midnight on November 20, 2009 and is of no legal force and effect as of that time. Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R.T.(TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006 November 20, 2006 November 20, 2006 CITY OF NIAGARA FALLS By -Iaw No. 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land a. Description: Part of Township Lot 12, Concession 4 Niagara River, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Muncipality of Niagara Applicant: Michael and Joan Stoll Assessment 272513000319501 Amending Zoning By -law No. 79 -200 1:NTS AM- 30/2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-.LAW No. 2006 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited, Through Highways) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC MacDonald Avenue at Stamford Street Eastbound on Stamford Street MacDonald Avenue at Stamford Street Westbound on Stamford Street (2) by adding to the specified columns of Schedule P thereto the following items: COLUMN 1 INTERSECTION MacDonald Avenue at Stamford Street Brookdale Drive At Michael Street Kalar Road at Rideau Street Kalar Road at Rideau Street Kalar Road at Rideau Street (3) COLUMN 1 COLUMN 2 HIGHWAY SIDE Keith St. Both COLUMN 1 HIGHWAY Keith St. Keith St. COLUMN 2 SIDE Nosh South STOP SIGNS AT INTERSECTIONS COLUMN 3 BETWEEN COLUMN 3 BETWEEN COLUMN 2 FACING TRAFFIC Northbound on MacDonald Avenue Eastbound on Michael Street Westbound on Rideau Street Northbound on Kalar Road Southbound on Kalar Road By deleting from the specified column of Schedule C thereto the following item: PARKING PROHIBITED 20m west of Sinnicks Avenue and a point 1fgm wcict of Qinnirkc tea (4) By adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED 2Qm west of Sinnicks Avenue and a point 149m west of Sinnicks Avenue 20m west of Sinnicks Avenue and a point 165m west of Sinnicks Avenue COLUMN 4 TIMES OR DAYS At All Times Fv•art by Permit COLUMN 4 TIMES OR DAYS At All Times Except by Permit At All Times Except by Permit (5) By deleting from the specified columns of Schedule N thereto the following items: COLUMN 1 COLUMN2 HIGHWAY BETWEEN Through Highways Kalar Road South limit of Lundy's Lane to north limit of McLeod Road MacDonald Ave. North limit of Kitchener St. to the north limit of Stamford St. Stamford St. West limit of MacDonald Ave. to the east limit of Slater Ave Stamford St. West limit of Victoria Ave. to the east limit of MacDonald Ave. (6) By adding to the specified columns of Schedule N thereto the following items: Through Highways COLUMN 1 COLUMN2 HIGHWAY BETWEEN Kalar Rd. South limit of Lundy's Lane to north limit of Rideau Street Kalar Road South limit of Rideau Street to north limit of McLeod Road MacDonald Ave. North limit of Kitchener St. to the south limit of Stamford St. Stamford St. East limit of Slater Avenue to the west limit of Victoria Avenue This By -law shall come into force when the appropriate signs are installed. Passed this twentieth day of November 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: November 20, 2006 Second Reading: November 20, 2006 Third Reading: November 20, 2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 96 -50, as amended, is hereby further amended. -2- 1. by deleting from Schedule `B" thereto the following items: MUNICIPAL PARKING LOTS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot Coins to be Deposited ParkingLimit Times/Days Control 4 Ellen Avenue $1.00/hr or 5 cent, 10 cent, Daily 24 hours Ticket Dispensing Lot $5.00/12 hrs 25 cent, 1 dollar Machine 25 cent min. coin, 2 dollar coin for cash/ or credit card $1.00 min. for credit card 15 McGrail Lot $1.00/hr 5 cent, 10 cent, Daily 24 hours Dispensing $5.00/12 hrs 25 cent, 1 dollar coin, Machine 25 cent min. 2 dollar coin, or for cash/ credit card $1.00 min. for credit card 18 Kitchener St $1.00/hr 5 cent, 10 cent, Daily 24 hours Ticket Dispensing Lot $5.00 /12 hrs 25 cent, 1 dollar coin, Machine 25 cent min. 2 dollar coin, or for cash/ credit card $1.00 min. for credit card 19 City Hall Lot $0.75 per hr/ 5 cent, 10 cent 25 cent rain 25 cent, 1 dollar coin for cash 2 dollar coin, credit $1.00 min card, or City token for credit card Daily 8:OOam to 6:OOpm Ticket Dispensing Monday to Friday Machine excl. Holidays $30.00 /month Daily 8:OOam to 6:00pm Permit Monday to Friday 2. by adding to Schedule `B" thereto the following items: MUNICIPAL PARKING LOTS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 Lot Name of Rate/Fee Denominations of Maximum Legal No. Parking Lot Coins to be Deposited ParkingLimit Times/Days Control 4 Ellen Avenue $1.00 /1 hour 5 cent, 10 cent, Daily 24 hours Ticket Dispensing Lot $5.00/8 hours 25 cent, 1 dollar Machine coin, 2 dollar coin or credit card 15 McGrail Avenue $1.00 /1 hour 5 cent, 10 cent, Lot $5.00/8 hours 25 cent, 1 dollar coin, 2 dollar coin, or credit card -3- Daily 18 Kitchener Street $1.00/1 hour 5 cent, 10 cent, Daily Lot $5.00/8 hours 25 cent, 1 dollar coin, 2 dollar coin, or credit card 19 City Hall Lot $0.75/1 hour 5 cent, 10 cent 25 cent, 1 dollar coin 2 dollar coin, credit card, or City token $30.00/1 month This By -law shall come into force immediately. First Reading: Second Reading: Third Reading: Passed this Daily day of 2006. 24 hours Ticket Dispensing Machine 24 hours 8:00 a.m. to 6:00 p.m. Ticket Dispensing Monday to Friday Machine excluding Holidays Daily 8:00 a.m. to 6:00 p.m. Permit Monday to Friday D. IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR Ticket Dispensing Machine THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Parking Meter Zones) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS Park St. North A point 32 m East of Crysler Ave. and At any time a point 82 m East COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Ellen Ave. East A point 72 m south of Centre Street and a point 152 m south of Centre Street Park Street North Buchanan Both Ave. Victoria Ave Both Clark Ave Both Fallsview Both Blvd Fallsview East Blvd Fallsview East Blvd Fallsview East Blvd -2- (2) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED A point 48 m west of Ontario Ave. and a point 80 m west of Ontario Ave. (3) by deleting from the specified columns of Schedule G thereto the following items: COLUMN 1 COLUMN 2 HIGHWAY SIDE PARKING METER ZONES COLUMN 3 COLUMN 4 BETWEEN FEES Spring St. and Ferry St. Morrison St and Jepson St Ferry St and Robinson St Ferry St and Robinson St 20m south of Robinson St and a point 56m south of Robinson St A point 79m south of Robinson St and a point 146m south of Robinson St A point 186m south of Robinson St and a point 206m south of Robinson St $1.00 /1 hour $0.25/15 min Token/15 min $0.05/6 min Min 25c credit card $0.50/1 hour $0.25/30 min $0.10 /12 min $0.05 /6 min $1.00/hour $0.25/15 min 8 hours for $5.00 $5.00 min for credit card $1.00/hour $0.25/15 min 8 hours for $5.00 $5.00 min for credit card $1.00/hour $0.25/15 min $1.00 min for credit card $1.00/hour $0.25 /15 min $1.00 min for credit card $1.00/hour $0.25/15 min $1.00 min for credit card COLUMN 4 TIMES OR DAYS At all times At all times COLUMN 5 COLUMN 6 MAXIMUM TIMES /DAYS 2 hours 1 hours 8:O0am to 12:00am daily 8:00am to 6:OOpm Except Sundays and Holidays 8 hours 24 hours April 1 to October 31 inclusive 8 hours 24 hours April 1 to October 31 Daily 5 hours 24 hours Daily 5 hours 24 hours Daily 5 hours 24 hours Daily Livingstone Both Stanley Ave and Fallsview St BIvd Robinson St North Robinson St South COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Buchanan Both Ave. Victoria Ave. Both Clark Ave. Both Fallsview Both Blvd. Fallsview East Blvd. Livingstone Both Street Robinson Both Street A point 28m east of Fallsview Blvd and a point 79m east of Fallsview Blvd A point 35m east of Fallsview and a point 89m east of Fallsview Blvd (4) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES Spring Street and Ferry Street Morrison Street and Jepson Street Ferry Street and Robinson Street Robinson Street and Murray Street Stanley Ave. and Fallsview Blvd. Fallsview Blvd. and Clark Ave. -3- 51.00/hour $0.25/ 15 min 8 hours for $5.00 $5.00 min for credit card $1.00/hour $0.25/15 min $1.00 min for credit card $1.00/hour $0.25/15 min $1.00 min for credit card COLUMN 4 COLUMN 5 COLUMN 6 FEES MAXIMUM TIMES /DAYS $1.00 /1 hour 2 hours $0.25 /15 minutes $0.50/1 hour $0.25 /30 minute $0.10 /12 minutes $0.05 /6 minutes $1.00/1 hour $0.25 /15 minutes $5.00/8 hours Ferry Street and Robinson Street $1.00 /1 hour $0.25 /15 minutes $5.00/8 hours $1.00/1 hour $0.25 /15 minutes $1.00/1 hour $0.25 /15 minutes $5.00/8 hours $1.00/1 hour $0.25 /15 minutes 8 hours 5 hours 5 hours 2 hours 8 hours 8 hours 5 hours 8 hours 5 hours 24 hours Daily 24 hours Daily 24 hours Daily 8:00 a.m. to 12:00 a.m. Daily 8:00 a.m. to 6:00 p.m. Except Sundays and Holidays 24 hours April 1 to October 31 Daily 24 hours April 1 to October 31 Daily 24 hours Daily 24 hours Daily 24 hours Daily -4- This By -law shall come into force upon installation of ticket dispensing machines. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this day of 2006. The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario {the "Ministry and the The City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this twentieth day of November, 2006 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006 November 20, 2006 November 20, 2006 CITY OF NIAGARA FALLS By -law No. 2006 Ministry of Transportation Office of the Minister Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on.ca OCT 2 5 2006 His Worship Ted. Salci Mayor The City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci: Ministere de Transports Bureau du ministre Edifice Ferguson, 3e etage 77, rue Wellesley ouest Toronto (Ontario) M7A 128 416 327 -9200 www.mto.gov.on.ca "A Ontario RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the The City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry has created the Dedicated Gas Tax Funds for Public Transportation Program (the "program under which two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program 2006/2007 Guidelines and Requirements (the "guidelines and requirements In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: ...J2 2 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in the amount of $1,119,497 in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $279,874 payable on receipt of this signed letter of agreement and related authorizing municipal by -law, and quarterly payments thereafter beginning in December, 2006. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, in the Minister's opinion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements. 3. If the Municipality is involved with other municipalities in jointly providing public transportation services, and the other municipalities have agreed to the Municipality collecting the dedicated gas tax funds on their behalf, the Municipality agrees that it shall provide, in compliance with the requirements set out in the guidelines and requirements, the applicable by -law and legal agreement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality agrees that the funds received under this Letter of Agreement are to be deposited by the Municipality in a dedicated gas tax funds reserve account, and are to be used only in accordance with the guidelines and requirements. 5. The Municipality agrees that it will adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under this Program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the years 2006/2007. 7. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. ..../3 If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to the Transit Policy and Programs Office, 2nd Floor, Building B, 1201 Wilson Avenue, Downsview, ON, M3M 1J8 for the Ministry records. Once the Ministry has received the signed copies together with a copy of the authorizing municipal by -law, the Ministry will make arrangements for the payment of the dedicated provincial gas tax funds to the Municipality. Sincerely, Donna Cansfield Minister of Transportation 3 I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. The Corporation of the The City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the payment of $25,974,363.01 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 October 4, 2006 to November 8, 2006. Passed this twentieth day of November 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20 2006 November 20, 2006 November 20, 2006 A by -law to authorize the execution of an Agreement with Google Inc. respecting data from public transportation agencies. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Google Inc. as Licensor respecting data from public transportation agencies to include in Google Transit as set out in the Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to direct a delegate to indicate the City's acceptance of the Agreement by electronic transmission over the internet. Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006 November 20, 2006 November 20, 2006 CITY OF NIAGARA FALLS By -law No. 2006 About Google Transit Terms and Conditions Google is accepting data from public transportation agencies to include in Google Transit. If your agency is interested in participating in this program, please take a look at the sign up sheet below. A qualified representative from your agency needs to fill out the contact information below, read and accept our terms and conditions to initiate the data collection process. We will contact you shortly thereafter. Name Title Agency Address City State /Province Zip /Postal Code r--- Country I Please select a country. Phone Fax (optional) Email 1. LICENSED CONTENT. You will be the signatory to the following agreement This Google Transit Agreement "Agreement is entered into by and between Google Inc. "Google with an address at 1600 Amphitheatre Parkway, Mountain View, CA, 94043 and the entity agreeing to the terms herein "Licensor This Agreement will be effective as of the date you click the "I Agree" button below (the "Effective Date If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don't have the legal authority to bind, please do not click the "Accept and Sign Up" button below. 1.1 License. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Google a perpetual, worldwide and royalty -free right and license to (i) use, copy, distribute, store (electronically or otherwise), create derivative works based on and perform and display (publicly or otherwise) the data, materials and content provided to Google by Licensor in the Google Services during the Term of this Agreement, including, without limitation, all text, data, images, materials and other content related to schedules, pricing, location and general availability of public transportation, and any updates, refreshes, corrections and other modifications "Updates thereto provided to Google by Licensor "Licensed Materials and (11) allow end users who access or use Google Services "End Users to access and use the Licensed Materials through the Google Services. Licensor hereby grants to Google worldwide, non exclusive, non transferable, royalty -free right and license to use the various service marks, trademarks, company names, trade names, and logos "Licensor Marks in connection with the Licensed Materials in the Google Services during the Term of this Agreement. "Google Services" shall mean Google's search, advertising, and information retrieval related products and services that are accessible through and otherwise provided by various computer and electronic technologies, networks (syndicated and otherwise) and systems, including, without limitation, Internet -based services accessible through any Web site located at a Google -owned domain, including all sub domains and directories thereof, and all successor sites thereto (the "Google Sites and any Google syndication partner sites. Google may use consultants and other contractors in connection with the performance of obligations and exercise of rights under this Agreement, provided that such consultants and contractors will be subject to the same obligations as Google. The license granted hereunder may not be sublicensed by Google, except to its affiliates and its syndication partners in connection with their use of the Google Services. 1.2 Reservation of Licensor Rights. Except for the rights and licenses granted hereunder, Licensor retains any right, title and interest in and to the Licensed Materials and Licensor Marks. 1.3 Reservation of Google Rights. Notwithstanding anything to the contrary, Licensor understands and agrees that nothing in this Agreement will prevent or restrict Google from using data, materials and content Google obtains from a source other than Licensor. 2. DELIVERY AND FORMAT OF LICENSED CONTENT 2.1 Delivery; Access. Within fourteen (14) days after the Effective Date (or upon such other date mutually agreed upon by the parties), Licensor will make the Licensed Materials available to Google in an electronic format agreed upon by the parties. Without limiting the foregoing, any such electronic format will enable Google to securely and efficiently access and download all such Licensed Materials in a format and manner mutually agreed upon by the parties. 2.2 Updates; Refreshes. Licensor shall provide Updates to the Licensed Materials (the Updates together with the Licensed Materials, the "Updated Licensed Materials and make_the Updated Licensed Materials available to Google in the manner pursuant to Section 2.1 hereof. Licensor shall ensure that the Updates and the Updated Licensed Materials made available to Google hereunder will be the same as and are as current as the corresponding data, materials and content that Licensor (or the entities originating the Updates and the Updated Licensed Materials in the event that Licensor is an aggregator of licensed materials provided by other entities) makes available to its users and for its operations and procedures. 2.3 Display. The rights granted to Google herein include the right to display the Licensed Materials on such Google Services, as determined by Google in its sole discretion; provided that, notwithstanding anything to the contrary, nothing in this Agreement obligates Google to make available to End Users any or all of the Licensed Materials. Google will have the sole right to determine the placement and location of the selected Licensed Materials through the Google Services. For the sake of clarity, Google retains sole discretion with respect to the look and feel, display and operation of the Google Services. In consideration of the rights granted hereunder, Google may elect to display branding and attribution of Licensor (or the entities originating the Licensed Materials in the event that Licensor is an aggregator of licensed materials provided by other entities) on its Google Services. 3. WARRANTIES AND DISCLAIMER. Each party represents and warrants that it has full power and authority to enter into the Agreement. Licensor represents and warrants that: (a) the Licensed Materials do not infringe any third party patent, trademark or copyright or misappropriate any trade secret or violate any right of privacy or right of publicity or other proprietary right of any person; (b) Licensor has obtained and will maintain throughout the Term all rights, authorizations and licenses, if any, that are required in order for it to grant the rights and licenses granted hereunder and for Google to use the Licensed Materials as permitted herein; and (c) the Licensed Materials provided to Google will not contain any viruses, worms, Trojan horses or other similar harmful components. In the event that Licensor is an aggregator of licensed materials provided by other entities, Licensor also represents and warrants that it has the full power and authority or has entered into agreements to ensure that the originating entities of the Licensed Materials comply with the applicable provisions of this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6. Except as expressly provided for herein, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. 4. INDEMNIFICATION. Licensor will indemnify, defend and hold harmless Google, its affiliates and syndication partners, and any of their respective officers, directors, employees and agents, from and against any liability, Toss, damage, cost and expense (including, without limitation, reasonable fees of counsel) incurred in connection with any third party claim based upon or otherwise arising out of: (a) a claim alleging .facts that would constitute a breach of Licensor's representations, warranties or obligations hereunder, or (b) Google's authorized use of any Licensed Materials. Google will: (i) promptly notify Licensor of such claim, (ii) provide Licensor with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give Licensor full control and sole authority over the defense and settlement of such claim, subject to Google's approval of any such settlement, which approval will not be unreasonably withheld or delayed. 5. LIMITATION OF LIABILITY EXCEPT FOR (A) LICENSOR'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 4, AND (B) BREACHES OF CONFIDENTIALITY UNDER SECTION 6, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN: The parties agree that (i) the mutual agreements made in this Section reflect a reasonable allocation of risk, and (ii) that each party would not enter into the Agreement without these limitations on liability. 6. CONFIDENTIALITY; PR. In connection with performance of its obligations hereunder, a party (the "Discloser may disclose to the other party certain information it considers confidential and /or proprietary "Confidential Information to the other party (the "Recipient including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know -how; (d) business information, including operations, planning, marketing interests, and products; and (e) the terms of this Agreement and the discussions, negotiations and proposals related thereto. The Recipient will only have a duty to protect Confidential Information disclosed to it by the Discloser: (1) if it is clearly and conspicuously marked as "confidential" or with a similar designation; (2) if it is identified by the Discloser as confidential and /or proprietary before, during, or promptly after presentation or communication; or (3) if it is disclosed in a manner in which the Discloser reasonably communicated, or the Recipient should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation "confidential" or any similar designation is used. Recipient shall not disclose or cause to be disclosed any Confidential Information of Discloser, except to those employees, agents, representatives, or contractors of the parties who require access to the Confidential Information to perform under this Agreement "Authorized Personnel and who are bound by written agreement not to disclose third -party confidential or proprietary information disclosed to Recipient, or as such disclosure may be required by law or governmental regulation. Furthermore, Recipient agrees to be responsible for any act and /or omission of any Authorized Personnel in breach of this Section. Recipient shall protect the Confidential Information of Discloser by using the same degree of care, but no less than a reasonable degree of care, that it uses to protect its own confidential information of a like nature to prevent its unauthorized use, dissemination or publication to any unauthorized third parties. A party's Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of Recipient; (ii) was in the Recipient's lawful possession prior to the disclosure and was not obtained by Recipient either directly or indirectly from the Discloser; (iii) is lawfully disclosed to the Recipient by a third party without restriction on Recipient's disclosure, and where Recipient was not aware that the information was the confidential information of Discloser; or (iv) is independently developed by the Recipient without violation of this Agreement. Recipient may disclose Confidential Information solely as needed to comply with a court order, subpoena, or other government demand (provided that Recipient first notifies Discloser and gives Discloser the opportunity to challenge such court order, subpoena, or government demand). Each party acknowledges that damages for improper disclosure of Confidential Information may be irreparable; therefore, the injured party is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this Section. A Recipient's duty to protect Confidential Information expires five (5) years from the date of disclosure. Neither party will issue any public announcement regarding this Agreement without the other party's prior written approval. Notwithstanding the foregoing, Google may include the Licensor's marks, names and logos in presentations, marketing materials, and customer lists (which includes, without limitation, customer lists posted on Google's web sites and screen shots of Licensor's implementation of the Services). Upon Licensor's request, Google will furnish Licensor with a sample of such usage. 7. TERM AND TERMINATION. 7.1 Term. Unless terminated earlier in accordance with this Agreement, this Agreement will begin on the Effective Date and expire twenty -four (24) months thereafter (the "Initial Term and will automatically renew for additional one (1) year terms unless Google notifies Licensor of its intent to not renew at least sixty (60) days prior to the end of the then current term (the Initial Term and all such renewal terms, collectively, the "Term 7.2 Termination. Either party may terminate this Agreement with written notice to the other party. In the event of such termination, Google shall remove the Licensed Materials from the Google Services as soon as commercially reasonable. Sections 1.2, and 3 through 8 will survive any termination or expiration of this Agreement. 8. MISCELLANEOUS. Each party will comply with all laws, rules and regulations, if any, applicable to it in connection the performance of its obligations under the Agreement. All notices will be in English and in writing and (a) if sent to Licensor to the address identified above and (b) if sent to Google to: Google Inc., Attn: Legal Department, 1600 Amphitheatre Parkway, Mountain View, CA 94043. Notice will be deemed given (i) upon receipt when delivered personally, (11) upon written verification of receipt from overnight courier, (iii) upon verification of receipt of registered or certified mail or (iv) upon verification of receipt via facsimile, provided that such notice is also sent simultaneously via first class mail. Licensor will not assign or otherwise transfer its rights or delegate its obligations under the Agreement, in whole or in part, without the prior written consent of Google; and any attempt to do so will be null and void. The laws of California, excluding its choice of law rules, and applicable federal U.S. laws will govern the Agreement: Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The Agreement supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter hereof. Any modifications to this Agreement must reference this Agreement and may be made in writing executed by authorized representatives of both parties, by Licensor's acceptance of updated terms, or by Licensor's continued provision of Licensed Materials to Google after such terms have been updated by Google. 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Neither party will be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. The Agreement is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party. The Agreement will be binding on and inure to the benefit of each of the parties and their respective successors and assigns. Note: If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don't have the legal authority to bind, please do not click the "Accept and Sign Up" button below. El By checking this box, 1 have read and accept the above terms and conditions ©2006 Google Transit Home CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to allow an existing building to be used as a retail store and one dwelling unit. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D3 of Schedule "A" to By -law No. 79 -200 is amended by numbering 730, the land on the south side of Morrison Street, west of Fourth Avenue, being Lot 69 and Part of Lots 70 and 71 according to Plan 18, now known as Plan 316, more specifically known as Part 2 according to Reference Plan 59R- 12940, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R2 and numbered 730 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, section 4.27.1, section 7.7.1 and clauses (a), (b), (c), (d), (e) and (k) of section 7.7.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R2 and numbered 730 on the plan Schedule 1 attached hereto, or use the existing building thereon, except for the purpose of a retail store and one dwelling unit, and except in compliance with the following regulations: (a) Minimum lot area (b) Minimum number of required parking spaces (c) Maximum floor area of the retail store 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.730 the whole of the land designated R2 and numbered 730 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 4 216 square metres Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, section 4.27.1, section 7.7.1 and clauses (a), (b), (c), (d), (e) and (k) of section 7.7.2 of By -law No. 79 -200, no person shall use the land on the south side of Morrison Street, west of Fourth Avenue, designated R2 and numbered 730 on Sheet D3 of Schedule "A or use the existing building thereon, except for the purpose of a retail store and one dwelling unit, and except in compliance with By -law No. 2006- Passed this twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006 'November 20, 2006 November 20, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land MORRISON ST WILLMOTT ST 0 C m r MORRISON ST WILLMOTT ST Description: Lot 69 and Part of Lots 70 and 71, Plan 18, now known as Plan 316, more specifically known as Part 2, Plan 59R- 12940, in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Moon -Yong Kwak Assessment 272502000904300 K: \GIS Requests\ 2005\ Schedules \zoningAM\AM- 22 \mapping.map Amending Zoning By -law No. 79 -200 1:NTS AM- 22/2005 October 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20t day of November, 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 20t day of November, 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 twentieth day of November, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 20, 2006. November 20, 2006. November 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006