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2007/05/28COUNCIL MEETING Monday, May 28, 2007 Order of Business and Agenda Package COUNCIL MEETING May 28, 2007 PRAYER: Councillor Maves O CANADA: Singer details to follow ADOPTION OF MINUTES: Council Minutes of May 28, 2007 Niagara Community Foundation DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Maria Menechella and Brad Hutchings, Directors of the Niagara Community Foundation will be making a presentation to update Council on the activities of the foundation in Niagara Falls, including the creation of the Niagara Falls Community Fund. A grant cheque in the amount of $7,300 will be presented to the Niagara Falls Art Gallery to support their work. 2 PARKS, RECREATION CULTURE MATTERS 1. Chief Administrative Officer R- 2007 -15 Feasibility Study: Proposed New Boys Girls Club of Niagara and Proposed New Boys Girls Club Facility Feasibility Study The following will speak to the Study: Todd Brown, President/Principal Planner, Monteith Brown Planning Consultants Claire Tucker -Reid, President, Tucker -Reid Associates Jeff Wallis, Trustee, The Foundation, Boys Girls Club of Niagara Background Material: Recommendation Report: PD- 2007 -31 -and Correspondence from Frank Tropea PLANNING MATTERS PUBLIC MEETINGS Public Meeting Zoning By -law Amendment Application, AM- 11/2007 Orchard Grove West, Block 98, 59M -316 Applicant: Fruitbelt Development Agent: Richard Brady, Urban and Environmental Management Proposed 8 Unit Townhouse Dwelling Development Public Meeting Zoning By -law Amendment Application, AM- 09/2007 5525 Victoria Avenue, 5486 and 5492 Union Avenue, 4858 Kitchener Street and Union Avenue Road Allowance Applicant: The Corporation of the City of Niagara Falls Background Material: Recommendation Report: PD- 2007 -30 -and Correspondence from Niagara Falls Korean Presbyterian Church 3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Heart Niagara Request to support the resolution for the Reality PE: 60 Minute Edge campaign, making a second physical education credit mandatoryfor secondary school students. RECOMMENDATION: For the Approval of Council 2. Elder Abuse Awareness Month Toronto Residents In Partnership, a non profit organization, requests the month of June proclaimed as Elder Abuse Awareness Month. RECOMMENDATION: For the Approval of Council National Access Awareness Week the City's Disability Advisory Committee is requesting the week of May 27 June 2, 2007 be declared National Access Awareness Week. RECOMMENDATION: For the Approval of Council 4. Clifton Hill B.I.A. Request approval of their 2007 budget. RECOMMENDATION: For the Approval of Council 5. Niagara Falls Lions Club Request the week of May 27 to June 2, 2007 be proclaimed as "Niagara Falls Lions Club Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 4 REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2007 -12 Revision to Supply Services Policy IS- 2007 -04 The Active Network Ltd. Agreement MW- 2007 -47 Development Agreement Site Servicing and Lot Grading Matters 1578891 Ontario Ltd. MW- 2007 -49 ATU Convention Transportation Request June 2007 MW- 2007 -50 Tender T05 -2007 for the supply of Diesel Fuel for City Buses MW- 2007 -52 Deerfield Estates Subdivision Oversizing Payments R- 2007 -11 Chippawa/Willoughby Arena Roof Replacement R- 2007 -12 2007 Ker Park Concession R- 2007 -13 MacBain Community Centre Lease Agreement with another Perspective Family Centres Inc. 5 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -106 A by -law to amend By -law No. 2006 -144, being a by -law to set fees for lottery licensing 2007 -107 A by -law to declare Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus 2007 -108 A by -law to authorize the execution of an Agreement of Purchase and Sale with 1448190 Ontario Limited and 258796 Investments Limited respecting the purchase of lands being Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -109 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) Pin Oak Drive 2007 -110 A by -law to authorize the execution of a Municipal Cooperation Agreement with The Town of Lincoln, The Town of Pelham and The Township of West Lincoln respecting the amalgamation of Niagara Falls Hydro Inc. and Peninsula West Utilities Limited 2007 -111 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 2007 -112 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2007 2007 -113 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of May, 2007 NEW BUSINESS (4/30/2007) Anna Morocco Fwd: request to do a presentation to council From: Dean Iorfida To: Anna Morocco Date: 4/30/2007 3:20 PM Subject: Fwd: request to do a presentation to council Place in May 28th file, "Liz Palmieri" <ncftabecon.orq> 4/30/2007 10:54 AM Hi Dean I would like to make a request, on behalf of the board of the Niagara Community Foundation, to do a presentation to a meeting in May of council, The purpose of the presentation is twofold: to update council on the activities of the foundation in Niagara Falls, including the creation of the Niagara Falls Community Fund, and to make a cheque presentation to a group from Niagara Falls of a grant to support their work. I would be making the presentation along with one of our board members. The presentation would be no longer than 10 minutes. Please let me know if you need this request on foundation letterhead. Thank you Liz Palmieri Executive Director Niagara Community Foundation 17 Queen Street, 3rd floor St. Catharines, ON L2R 5G5 ph: 905-684-8688 fx: 905-684-2337 www.n iagaracomm u nityfou ndation, o rq May 28, 2007 R- 2007 -15 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Niagaraj3alls C 1NA1) A Members: Re: R- 2007 -15 Feasibility Study: Proposed New Boys Girls Club of Niagara RECOMMENDATION: 1. That the final report dated May 8, 2007, "Proposed New Boys Girls Club Facility Feasibility Study" be received. 2. That the report serve as a resource for the City of Niagara Falls to continue to evaluate the financial request by the Boys Girls Club of Niagara (BGCN) of up to $5 million to support the construction of a new centre. 3. That the City of Niagara Falls' committment in principle to contribute up to $5 million, or maximum of the 50% of the total capital costs for a new centre be conditional upon the following: a) That the building size be downsized to no more than 30,000 to 33,000 square feet consistent with the recommendations of the final report. b) That the size of the pool be reduced to no more than 20 metre leisure concept pool design consistent with the recommendations of the final report. c) That an updated and revised business plan be submitted to include: i) Revised capital budget based on a scaled -down facility as per the report recommendations; ii) Revised operating budget based on a scaled -down facility and that would not require a significant increase in the annual operating support /subsidy provided by the City; iii) Revised fundraising campaign and strategyto include validation of the in- kind development contribution of $2 million (of the $5 million). IIs ON,Canada L2H3N3 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture May 28, 2007 2 R- 2007 -15 (d) Based on the site evaluation and analysis that the McLeod Road not be supported, and that further review of the other three City park sites of Ker Park, Palmer Park, and AG Bridges Park continue to be reviewed with BGCN to recommend a site for a new centre. BACKGROUND: The BGCN had requested Council, in February 2005, to provide financial support fora new Centre. The BGCN had estimated this facility would cost $10 million and the financial support requested of the City was $5 million or 50% of the estimated capital project costs. Council directed Staff to prepare a report. City Staff had recommended to BGCN that in order to provide a report to Council, the financial request necessitated a fundamental and purposeful review of the project to assess the project viability and due diligence. BGCN and the City agreed to the creation, in August 2006, of the New Facility Project Review Committee to complete a comprehensive review of the proposed new centre and undertake a feasibility study. The role of the committee was to assist the consultants in completing the review and to serve as a liaison between the consultants and stakeholders which included, but were not limited to, the BGCN and the City of Niagara Falls. The City committed and dedicated the funds to hire consultants to complete the feasibility study. A Request for Proposal was issued by the City on October 2, 2006, and closed on October 23, 2006. Interviews were also conducted by the Committee as a component of the evaluation process in selecting the consulting firm for the project. The purpose of the feasibility study was to complete a comprehensive and integrated review of the proposal for a new facility with analysis of: i) Needs and community demands analysis; ii) Market feasibility study; iii) Financial analysis and facility operating costs (short and long term); iv) Site review and assessments. The Consultants will present the final report and their recommendations to Council on May 28, 2007. The Consultants, a consulting team, is comprised of the following firms: Monteith Brown Planning Consutants Ltd, Tucker -Reid Associates, The JF Group, and MacLennan Jaunkalns Miller Architects. Recommended by: Approved by: Respectfully submitted: /4-city 05 Deny e Morrissey,irector of Parks, Recreation Culture Ed Dujlovic, Exec e live Dir ct of Community Services J s T MacDonald, Chief Administrative Officer DMldasS: Council \Council 2007\R -2007 Feasibility Study Recommendations, Boys Girls Club 2.wpd Dean Iorfida Consultants May 28, 2007 From: To: Date: Subject: Dean, The Proposed New Boys Girls Club Facility, Feasibility Study Report, May 8, 2007 will be presented by: Todd Brown, President /Principal Planner, Monteith Brown Planning Consultants Claire Tucker -Reid, President, Tucker -Reid Associates. Regards, Denyse Denyse Morrissey Dean Iorfida 5/16/2007 12:40 PM Consultants May 28, 2007 Page 1 of 1 file: /C: \Documents and Settings \di202 \Local Settings \Temp \XPgrpwise1464AFBD2Doma... 5/17/2007 Dean Iorfida B &G deputation May 28, 2007 Regards, Denyse Page 1 of 1 From: Denyse Morrissey To: Dean Iorfida Date: 5/16/2007 12:23 PM Subject: B &G deputation May 28, 2007 CC: Carolynn Ioannoni; Ed Dujlovic; jeff.signaturesigns @bellnet.ca; jhett@on.aibn.com; John MacDonald Hi Dean, It is confirmed that on May 28, 2007 B &G will be scheduled on the deputation list represented by: Jeff Wallis Trustee, The Foundation, Boys and Girls Club of Niagara Jeff may present with other colleagues and will advise if the case. Denyse Morrissey, B.A; M.P.A. Director Parks, Recreation Culture City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Phone: (905) 356 -7521 ext. 3331 Fax: (905) 356 -7404 email: dmorrissey @niagarafalls.ca web: www.niagarafalls.ca file: /C: \Documents and Settings \di202 \Local Settings \Temp \XPgrpwise \464AF7DCDoma... 5/17/2007 Members: May 28, 2007 PD- 2007 -31 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2007 -31 Zoning By -law Amendment Application AM- 11/2007, Orchard Grove West, Block 98, 59M -316 Applicant: Fruitbelt Development Agent: Richard Brady, Urban and Environmental Management Proposed 8 -Unit Townhouse Development RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit the construction of an 8 -unit townhouse development on the land, subject to the standards outlined in this report. BACKGROUND: Fruitbelt Development has requested an amendment to Zoning By -law No. 79 -200 for a 0.2 hectare (0.5 acre) parcel of land known as Block 98, in the Orchard Grove West Plan of Subdivision (Plan 59M -316) located on the west side of Kalar Road, as shown on Schedule 1. The applicant is proposing to construct an 8 -unit townhouse development, as shown on Schedule 2. The subject land is zoned Development Holding (DH -581) which identifies the land for future development. The applicant is requesting the land be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed development. Surrounding Land Uses: NiagaraJalls Residential subdivisions consisting of single detached dwellings lie to the north, west and east of the land. The land immediately to the south of the land has a dwelling on it, but is designated for tourist commercial uses. i ada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 28, 2007 Circulation Comments Regional Municipality of Niagara 2 PD- 2007 -31 The proposed townhouse development will make efficient use of these lands and will improve the housing mix in the neighbourhood as promoted in the Provincial Policy Statement and Growth Plan and the Regional Policy Plan. Regional Planning staff has no concerns with the Zoning By -law amendment application from a Regional or Provincial planning perspective. The proposed driveway does not meet the standard for Regional waste disposal services. At the site plan stage, this matter will need to be addressed, or garbage pick -up restricted to the curbside of Kalar Road. Parks, Recreation Culture Fire Services Planning Analysis Street tree planting by the applicant along Kalar Road is required. A detailed landscape plan will be required at the site plan stage. Municipal Works No objections. Detailed review of servicing and access, including access by waste disposal vehicles, will be undertaken at the site plan stage. Building and By -law Services All required Building Permits are to be obtained prior to commencement of construction. The site plan application and the building permit review are to address fire access and water supply. Neighbouring Residents One resident has submitted an email with concerns about the income of the future residents, height of the townhouses and lot drainage. 1. The proposal complies with the intent of the Official Plan. The land is designated Residential by the Official Plan. Residential lands are intended to be used for various types of residential dwellings. Although low density housing is intended to be the predominant use in residential areas, medium density housing, such as townhouse developments, is permitted where it is integrated with plans of subdivision, compatible with surrounding uses and located on collector roads. May 28, 2007 3 PD- 2007 -31 The proposal meets the intent of the Official Plan as follows: The subject parcel is a block of land that was included in the Orchard Grove West plan of subdivision for medium density housing. The site fronts onto Kalar Road which functions as an arterial road. Surrounding low density residential uses will not be impacted by traffic generated by this development. The project is small in scale and should fit in with surrounding dwellings in terms of height and massing. The development will provide a transition from the existing single detached dwellings to the north and west to the future tourist commercial uses to the south. The proposed development has a density of 40 units per hectare (16 units per acre). This density is well within the density permitted by the Official Plan for developments of this type and in this location. The development will diversify the housing mix in this area, meeting the intent of the Official Plan to provide a range of housing types for residents. 2. The requested amendment is appropriate. A site specific R4 zone has been requested to accommodate the development. The site specific provisions are outlined as follows: A reduction in the setback from the original centre line at the Kalar Road right -of -way, from 16.76 metres (55 feet) to 13.1 metres (43 feet) is requested. Road widenings sufficient to accommodate current and future traffic on Kalar Road have been taken. The additional road widening protection is not needed. The reduction in the front yard setback, (setback from Kalar Road) from 6 metres (20 feet) to 4.5 metres, is consistent with the exterior side yard (Kalar Road side) setback requirements for the single detached dwelling to the north of the subject land. As this is the side yard of the townhouse dwelling unit, and sufficient amenity area is provided at the rear (north side) of the dwelling unit, this reduction in building setback is acceptable. The reduction in lot area per townhouse dwelling unit, from 250 square metres (2,691 square feet) to 245 square metres (2,637 square feet) is minor and will have no impacts. A rear yard setback is required to provide amenity space for dwellings. Although the reduction in the rear yard depth, from 7.5 metres (25 feet) to 2.41 metres (8 feet) may appear significant, amenity space is being provided on the northerly side of the dwellings. A 2.4 metre setback is similar to the required 1.8 metre (6 foot) setback if it were the side yard of a 2- storey dwelling, and should not impact on surrounding dwellings. May 28, 2007 4 PD- 2007 -31 With the above noted exceptions, all other standards of the R4 zone will be met. Although the submitted site plan (Schedule 1) shows the townhouses are to be built with attached garages, the applicant's agent has indicated that they may be built without the garages. The standard R4 zone does not require the provision of garages. The Zoning By -law only requires 1.4 spaces per townhouse dwelling unit which equates to the eleven parking spaces proposed to be provided. Where required, garages provide space for the storage of additional vehicles or household goods. CONCLUSION: The requested Zoning By -law amendment to permit an 8 -unit townhouse development on the land can be supported for the following reasons: It meets the Official Plan criteria for locating medium density residential in the Residential designation. The townhouses will provide a transition from the adjacent single detached dwellings to the future tourist commercial uses to the south. The dwelling will provide additional housing choices for residents wishing to live in this area. Recommended by: Approved by: Respectfully submitted: A.Bryce /cb Doug Darbyson, Director of Planning Development Ed Dujlovic, e Dir ct� o ofr' Community unity Services MacDonald, Chief Adm nistrative Officer S:1PDR120071PD- 2007 -31, AM -11 -2007 Fruitbelt Development, Proposed 8 Unit Block Townhouse Dwelling Development,wpd Subject Land Location: Applicant: Kalar Rd SCHEDULE 1 LOCATION MAP NMI RACEY AVE lib Al111111 1 oscHARD 1111111i1 1 31111111 ULL£N a iiIiiii WOODSViW CR 1IIIW1IT 11111111111M11 in11111111111111� DR HAR�IFS7 CRES WAIN s11111111111mo R� lig 7.111111111111 %rj11111Ir MAIM x r AT ACK CRT Fruitbelt Development Amending Zoning By -law No. 79 -200 N S Scale: I:NTS AM- 11/2007 4/20/2007 4:46:59 PM RESID TTCAC R1E VISITOR PARKIN \y_ m 0 LANDSCAPE STRIP N8]'5J'E z N80'11'E RESIDENTIAL R1E TOURIST COMMERCIAL TC L 63.00m 0,3m RESERVE 63.00m 3, iP A.i Uti iU i /.L ..v, a I E 3.05m ROAD ALLOWANCE e 10.06 EDGE OF PAVEMENT From: "Frank Tropea" <ftropea @whiteoaksresort.com> To: <ddarbyson @niagarafalls.ca> Date: 5/9/2007 6:18 AM Subject: CITY FILE AM- 11/2007 Dear Mr. Darbyson, My name is Frank Tropea and I reside at 8291 Feren Drive in Niagara Falls, I also am writing to you on behalf of my parents Domenic Josephine Tropea who reside at 8292 Feren Drive in Niagara Falls. I am writing to you with some concerns about the proposed application as it applies to the 8 -unit townhouse dwelling on Block 98 in the Orchard Grove West Plan. Since the proposed lands abut on my parents property our concern is what type of townhouse complex will this be? ie Low income or high end Condo type? the main reason for this concern is the property value of not only my parents home and land, but my own and the entire subdivision. Our other concern is the proposed height of the townhouses. ie(2 story or one level bungalows), and our final concern would be the drainage of said lands and where the run off of rain water and how it would impact my parents property. I thank you for this opportunity to submit our concerns in regards to the 8 -unit townhouse dwelling that has been proposed. Regards, Frank Tropea Payroll Manager White Oaks Conference Resort Spa Phone: (905) 704 -5698, Fax: (905) 704 -5627 email :ftropea @whiteoaksresort.com P Please don't print this email unless you really need to Important Notice: This email is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately. Thank you. 9-4 c aec,7 I Fits RECEIVED MAY 0 9 2007 PLANNING d� DEVELOPMENT May 28, 2007 PD- 2007 -30 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJalls CANADA Re: PD- 2007 -30 AM- 09!2007, Zoning By -law Amendment Application 5525 Victoria Avenue, 5486 and 5492 Union Avenue, 4858 Kitchener Street and Union Avenue Road Allowance Applicant: The Corporation of the City of Niagara Falls That Council approve the Zoning By -law amendment application to extend the hotel's Tourist Commercial zoning with site specific provisions over the Union Avenue road allowance and to apply a standard Tourist Commercial (TC) zone to the land that will be conveyed to the City. and That staff work with the Korean Church to resolve parking issues. BACKGROUND: On April 3, 2006, Council authorized City staff to work with Country Inn Suites and St. Paul Evangelical Lutheran Church in order to facilitate the preservation of parking spaces at the hotel (Country Inn Suites) site for the church's use for its disabled congregation members. On March 25, 2007, Council gave approval in principle to a proposed land exchange between the City and Country Inn Suites. However, the land exchange is conditional upon rezoning the Union Avenue road allowance to permit its use as a parking lot in conjunction with the hotel. This is a City of Niagara Falls initiated amendment to Zoning By -law No. 79 -200 for the land known as 5525 Victoria Avenue, 5486 and 5492 Union Avenue, 4858 Kitchener Street and the Union Avenue road allowance, as shown on Schedule 1. The developer proposes to exchange a portion of the land known as 4858 Kitchener Street (fronting onto Victoria Avenue) with the City for the Union Avenue road allowance. The amendment will allow the parking lot for the Country Inn Suites hotel to be extended onto the Union Avenue road allowance to provide additional parking for the hotel. The land conveyed to the City will be used as a municipal parking lot, except on Sunday mornings when the parking lot will be used by the congregation of St. Paul's Chu ch Queen Street, PO Sox 1023,; Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 28, 2007 2 PD- 2007 -30 The majority of the subject land is zoned Tourist Commercial with site specific provisions (TC -746) permitting a 7- storey hotel. The Union Avenue road allowance is currently zoned TC. The requested amendment will result in the TC -746 zoning being extended over the Union Avenue road allowance and a standard TC zone being applied to the land that will be transferred to the City. Site Status and Surrounding Land Uses A 7- storey hotel (Country Inn Suites) is currently under construction. To the south of the site is another low rise hotel (Hampton Inn). A variety of commercial uses lie to the east of the site. Residential uses and a church lie to the west and a municipal parking lot lies to the north. Circulation Comments Municipal Works In order to maintain the existing underground services on Union Avenue, an easement is required to be dedicated to the City of Niagara Falls. A centre median island separating the entry/exit lane should be provided and the proposed gate system should be placed within the median. The width of the entry/exit lanes should no be less than 4.5 metres. The location of automated gate for the entry lane should be no less that 6 metres from the property line. Building By -law Services No objection to the proposed zoning. Fire Services No objection to the proposed zoning. Parks Recreation Culture No objection to the proposed zoning. Planning Review 1. The proposed amendment complies with the Official Plan. The Union Avenue road allowance is designated Tourist Commercial in the Official Plan and is part of the Clifton Hill subdistrict. A wide range of commercial uses, including hotels, is permitted in the subdistrict. The Official Plan encourages hotels to provide adequate on -site parking. By including the Union Avenue road allowance in the hotel site, the existing parking lot can be expanded to provide additional on- site parking. The closure of Union Avenue would not have any adverse impact on May 28, 2007 3 PD- 2007 -30 the surrounding properties as no property is dependent upon Union Avenue for access. The Union Avenue road allowance has been declared surplus by the City. The Official Plan requires landscaping and screening of parking lots and will be secured through site plan control. 2. The proposed Zoning By -law amendment is appropriate. The majority of the subject lands are zoned Tourist Commercial with site specific provisions (TC -746) permitting a 7- storey hotel. The Union Avenue road allowance is currently zoned TC. The amendment will result in the TC -746 zone being extended over the Union Avenue road allowance and a standard TC zone being applied to the land that will be transferred to the City. A parking lot is a permitted use under the TC zone. The land transferred to the City will operate as a municipal parking lot except on Sunday mornings, when the lot will be used by the congregation of St. Paul Church for parking. As the Union Avenue road allowance would merge with the hotel site and will be used to provided required parking for the hotel it will be appropriate to extend the site specific TC -746 zoning to the Union Avenue road allowance. CONCLUSION: The Zoning By -law amendment application can be supported for the following reasons: 1. Union Avenue has been declared surplus. The closure of Union Avenue will not have any adverse impact on the surrounding properties. 2. The Official Plan encourages hotels to provide adequate on -site parking. 3. The proposed land exchange and Zoning By -law amendment will benefit the hotel by enabling additional parking to be provided. St. Paul Church will benefit by having access to their land and additional parking spaces for their activities. 4. The land conveyed to the City will operate as a municipal parking lot and thereby enable the City to generate income. Recommended by: Approved by: Respectfully submitted: A.Dilwaria:gd Doug Darbyson, Direc)r of Planning Development Dujlovic, Executive Director of Community Services VA a- n a Donald, Chief Administrative Officer S:PDR12007\PD- 2007 -30, AM -09 -2007, 5525 Victoria Ave, 5486 5492 Union Ave 4858 Kitchener St Union Ave RdAllow -City of NF.wpd Subject Land SCHEDULE 1 LOCATION MAP R ST KITCHENER ST KITCHENER ST rn m C Location: 5525 Victoria Avenue 4858 Kitchener Street 5486 Union Avenue Union Avenue Applicant: City of Niagara Falls Amending Zoning By -law No. 79 -200 5 -9 2 1:NTS AM- 09/2007 k:1GIS_ Requests\ 20071Schedules ∎ZoningAM1AM- 091mappiug.map April 2007 liPaNIMINV Landtobe conveyed to City SM31331N1d347 S004,10N 3 �v'•TJSIGXNO '4!0144300 0 M331Nr33x3 ft0avli33 3 mns� ivvlsrunonr e 00333 IX3110 3 snvi vwhvx1'sresv v gxolas secs Nos iiyo Aa saiinsv NNI Atimoo AlIiW3 01117tl4f9 U04131031 MBN 03300030 ®n»>m Kitchener Street SCHEDULE 2 13x3'0 To: Community Service Department Planning Development, CITY OF NIAGARA FALLS From. Niagara Falls Korean Presbyterian Church 4898 Kitchener St. Niagara Falls, ON Re: ZONING BY -LAW AMENDMENT APPLICATION CITY FILE AM- 09/2007 Dear Members of Council: We, the members of Niagara Korean Presbyterian Church, send you our sincere thanks for your service for the citizens of city of Niagara Falls. Thank you for sending us the "NOTICE OF APPLICATION PUBLIC MEETING" regarding ZONING BY -LAW AMENDMENT APPLICATION. In order to express our concerns regarding the proposal, we tried to reach the person who works for it on the phone several times at the City Hall on May 15, 2007, but failed. We were able to make only a brief comment to a person who answered the phone. Therefore, even though two days passed from your suggested date, we would like to submit written comments with serious concerns, as a result of our congregational meeting. We, the members of Niagara Falls Korean Presbyterian Church, draw the attention of the members of Council to the following: THAT Union Avenue is a very important road, TC zone, for the public- not only tourists but also citizens of Niagara- as we have observed closely. Since Hunter Street is used as a permit parking area, Union Avenue is being used for so many "through mobiles, as a kind of "express road" when Victoria Avenue is heavy, and a gateway for automobiles from the parking lot and to the parking lot on Kitchener Street. After the 7- storey hotel opens its business, Union Avenue will become even more important and be used much more for the guests of the hotel as well. THAT the proposal would cut a natural traffic flow in this area, causing a heavy traffic on Hunter Street, Kitchener Street and Victoria Avenue during tourist season, since hotel guests will add up on the top of "through mobiles" on Union Avenue, residents of Hunter Street and Kitchener Street, and members of the church. As you are aware of the fact that Hunter Street is used as a 4 hours permit parking area for the church members as well as residents of Hunter Street not only Sundays but also week days, Hunter Street would not be able to handle all those traffics. Then, closing down Union Avenue might cause a traffic accident on walking children and other pedestrians on Hunter Street. THAT there is no privacy for the house located at 4893 Hunter Street, since it will be connected to the hotel parking lot. It seems that they live at a parking lot of hotel. THAT the developer proposed the exchange for the benefit of the individual person, not for the public or citizens of the city of Niagara Falls. The proposal does not insure the protection of public. RECEIVED MAY 17 2007 PLANNING EVELOPMENT c 62,-tom, c,Q� Therefore, we strongly request that our comments to against to the proposal, ZONING BY -LAW AMENDMENT APPLICATION are considered seriously. We are looking forward to hearing your decision made for the benefit of all citizens of Niagara Falls. Thank you for your attention! do Rev. an Minister Niagara Falls Korean Presbyterian Church K Jae Kim Elder, I presentative of Falls Korean Presbyteri iagara n Church Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci DATE: May 28, 2007 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Heart Niagara Reality PE: the 60 Minute Edge On April 16, Karen Stearne, Executive Director of heart Niagara appeared before Council as a deputation. Karen referred to an initiative, entitled Reality PE: the 60 Minute Edge, which is attempting to make mandatory a second physical education credit for secondary students. Although Karen mentioned the initiative, Council did not formally make a motion supporting the endeavour. Some background is provided, including a sample resolution. RECOMMENDATION: For the Approval of Council Niagara F Falls 'ANAnn Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Dean Iorfida FW: Great news to share From: To: Date: Subject: CC: Attachments: Hi Dean Thanks Karen "Karen Stearne" <karen.stearne @heartniagara.com> "Dean Iorfida" <diorfida @niagarafalls.ca> 5/10/2007 2:52 PM FW: Great news to share "Larocque, Jeannie" <jeannie. larocque @regional.niagara.on.ca>, "Gallant, Lisa" <lisa. gallant @regional.niagara.on.ca>, "Ted Salci" <tsalci @niagarafalls.ca> City of Wellandl .pdf Page 1 of 2 When I attended City Council in late April I discussed Reality PE: the 60 Minute Edge. I requested Council, Staff and our Community to respond and urge the Ministry of Education to include to include a second mandatory credit in the new secondary curriculum. I have attached an email and letter from the City of Welland in support of the shift in curriculum, is there a secondary process that can be taken to receive a similar letter from Niagara Falls Mayor and Council? Karen Stearne, Executive Director Heart Niagara Inc. Allied Health Centre 5673 North Street Niagara Falls, Ontario L2G 1J4 Phone 905 358 -5552 Fax 905 358 -6033 www.heartniagara.com Confidentiality Notice: This e -mail message, including any attachments, is intended for the originally addressed recipient(s) only. The information is considered confidential and privileged. Any unauthorized use, distribution or disclosure is prohibited. If you are not the intended recipient, or have received this message in error, please notify me immediately by reply mail and permanently destroy the original transmission from me, including any copi.es and attachments. Thank you! From: Larocque, Jeannie [mailto:jeannie. larocque @regional.niagara.on.ca] Sent: Thursday, May 10, 2007 2:43 PM To: Terri Young; Cousens,Laura; Teddy (Jean) Weadon; Christine Fulton; Dixon, Connie; Gueldenstubbe, Angela; Jason MacLean; Jo Low; Karen Stearne; Landry, Marian; Larocque, Jeannie; Laurie Columbus; Lorraine Rudolph; Mike Sheahan; Tori Reep; Ron Lopez; Susan Baldry Subject: Great news to share Hi Everyone, It has been months since our last meeting {Oct to be exact} but I have been reluctant to call a meeting unnecessarily since we are all so busy. The last few months have been a time to circulate the petition for as many signatures as possible. It went to the DSBN road race on the April 29th and gathered some momentum there. Then it rolled on to the NCDSB parent conference last weekend in Niagara Falls and picked up some support there. I am unsure of where all you have been with it but I thank you for your ongoing efforts. The best news to date came this week with the attached letter from the City of Welland. The mayor has signed the petition on file: /C:\Documents and Settings\di2021Loca1 Settings\ Temp \XPgrpwise1464331A9Domai... 5/11/2007 behalf of the Corporation of the City of Welland. Yahoo!. Keep up the great push for these upcoming weeks and thank -you again. I will be in touch before long regarding a possible meeting before we all break for summer. Jeannie 5eannie Larocque RN1B9I Niagara Regional" Pul Health Dept Youth Connection Secondary Team 277 WeCfandAve., St Catharines, Ont .L2Q2P7 905 933 4291 or 905 -688 -3817 Prt.3827 1- 800 -263 -5757 ,Tarp 905 -688 -6063 jean Cs e a p' iwl.niagara.on.ca Page 2 of 2 Urge the Ontario government to help fulfill its commitment to obesity prevention by adding a second compulsory Health and Physical Education Activity Credit for secondary schools. Sign the petition found at www healthylivingn_ iagaracomischoolprograms( secondaryschool /itealityPE /petition25.pdf and return it to Healthy Living Niagara. Consider asking your friends and family to add their names too. MPP Kim Craitor will read the petitions into the Chamber at Queen's Park. In Ontario, less than half of students beyond Grade 9 take physical education classes, a small fraction are involved in school sports programs, and adolescents who are inactive at school are unlikely to be physically active elsewhere. Over the past 25 years, obesity rates have more than tripled for Canadian children between the ages of 12 and 17. View a DVD and other supportive material about the need for a 2 compulsory Health and Physical Education Activity Credit at www._healthylvinynagara.com_ The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is inte (s) named above, and may be legally privileged. If the reader of this message is not the intended recipien send this communication to the sender and permanently delete the original and any copy of it from your file: /C:\Documents and Settings\di2021Local Settings\ Temp\XPgrpwise1464331A9Domai... 5/11/2007 From: Information Niagara 4OS382 -1400 ext 223 To: NIAGARA FALLS, CITY OF healthylhringnlagarkaim Our Community Partners Brock University Canadian Cancer Society Niagara Unit Canadian Diabetes Association C.A,P.C. Niagara Brighter Futures City of Niagara Falls Parks, Recreation and Culture Community Care St. Catharines and Thoro Id Community Health Services Canadian Red Cross Community Health and Wellness Fort Erie Community Living Grimsby, Lincoln West Lincoln District School Board of Niagara Elementary Teachers' Federation of Ontario Niagara Heart and Stroke Foundation of Ontario Heart NIAGARA Hope far a Healthy Workplace Hotel Dieu Shaver Health and Rehabilitation Centre Niagara Catholic Dislrlot School Board Niagara College's Niagara Culinary institute Niagara Community Food Advisors Niagara Council on Smoking and Health Niagara Elementary Unitof Ontario English Catholic Teachers' Association Niagara Freewheelers Bicycle Touring Club Inc. Niagara Health System Niagara Physical Activity Advisors Ontario Early Years Denims O.S.S.T.F. District 22 Niagara Project S.H.A.R.E. The Mental Health and Wellnesa Network Niagara Region Community Services Department Public Health Department Town of Lincoln University Women'e Club St Catharines YMCA of Niagara Zonta Club of Niagara Falls c/o Niagara Region Public Health 2201 St, David's Road, Campbell East P.O. Box 1052, Station Main Thorold, Ontario, L2V 0A2 Telephone: (905) 688-3762 Toll Free: 1 -800- 283 -7248, Fax: (905) 688 -7024 hln @regi onal. n iagara.on.ca March 8, 2007 This fax is to seek your support in our campaign, Reality PE: The SO Minute Edge. The campaign urges parents to encourage their children to take physical education more than once in high school and to let the govemment of Ontario know that they support a second compulsory Health and Physical Education activity credit for secondary schools. View a DVD and other supportive material about the need for a 2'" compulsory Health and Physical Education Activity Credit at w ww. hea I t by l ivi nen is g e ra, co m Healthy Living Niagara has the support of MPP Kim Craltor who will read names from the petition supporting a second compulsory Health and Physical Education activity credit into Queens Park. He will start the readings in March until the end of May. We ask you to circulate the attached petition to your staff and others, Aim for 5 or more names. You can mail the signed petitions to us for Mr. Craltor to read into Queens Park. Working together we can have a meaningful impact on physical activity and ultimately health In Ontario. Sincerely, Date: 3/14/07 Time: 5:16:58 PM Page 1of2 In Ontario, less than half of students beyond Grade 9 take physical education classes, a small fraction are involved in school sports programs, and adolescents who are Inactive at school are unlikely to be physically active elsewhere. Over the past 25 years, obesity rates have more than tripled for Canadian .children between the ages of 12 and 17. Dan Maifeck, PhD Chair, Healthy Living Niagara Healthy Chokes Make a Difference...Enjoy Healthy Eating. Stay Active. Live Smoke Free. From; Information Niagara 905. 662 -1900 ext 223 To NIAGARA FALLS, QTY OF Physical Activity Petition Pate: 3/14/07 Time: 5:46:58 PM Page 2 of 2 To the Legislative Assembly of Ontario: "Whereas over the past 25 years, obesity rates have more than tripled for Canadian children between the ages of 12 and 17, and "Whereas In Ontario, less than half of students beyond Grade 9 take Health and Physical Education classes, a small fraction are involved in school sports programs, and adolescents who are inactive at school are unlikely to be physically active elsewhere, and 'Whereas Canada's Physical Activity Guide recommends that adolescents get at least 60 minutes of moderate physical activity daily, and Whereas a second compulsory Health and Physical Education activity credit for secondary schools would result in an increase in adolescents being active." "Therefore, we the undersigned concerned citizens of Ontario, petition the Legislative Assembly of Ontario as follows: "That the Ministry of Education add a second compulsory Health and Physical Education activity credit for secondary schools," Return this petition by mail to: Healthy Living Niagara c/o Niagara Region Public Health P.O. Box 1052, Station Main, Thorold, ON L2V 0A2 r ;:ti g lid -tV 1idri' 5 8 t `'t:` ir :;:e. ;#3gt1[}7(tUrG'= 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 From; Information Niagara 905. 662 -1900 ext 223 To NIAGARA FALLS, QTY OF Physical Activity Petition Pate: 3/14/07 Time: 5:46:58 PM Page 2 of 2 To the Legislative Assembly of Ontario: "Whereas over the past 25 years, obesity rates have more than tripled for Canadian children between the ages of 12 and 17, and "Whereas In Ontario, less than half of students beyond Grade 9 take Health and Physical Education classes, a small fraction are involved in school sports programs, and adolescents who are inactive at school are unlikely to be physically active elsewhere, and 'Whereas Canada's Physical Activity Guide recommends that adolescents get at least 60 minutes of moderate physical activity daily, and Whereas a second compulsory Health and Physical Education activity credit for secondary schools would result in an increase in adolescents being active." "Therefore, we the undersigned concerned citizens of Ontario, petition the Legislative Assembly of Ontario as follows: "That the Ministry of Education add a second compulsory Health and Physical Education activity credit for secondary schools," Return this petition by mail to: Healthy Living Niagara c/o Niagara Region Public Health P.O. Box 1052, Station Main, Thorold, ON L2V 0A2 I (4/17/2007) Ted Salci Elder Abuse letter.doc Dear Mayor: Toronto Residents in Partnership (,t April 17, 2007 As in every other community in Ontario, Seniors are the fastest growing segment of your constituency. And this growth is not in Ontario alone. The trend to older populations is a worldwide phenomenon. With the rise in numbers, we are also seeing a rise in cases of Elder Abuse. As you know, Elder Abuse takes a number of forms, ranging from financial exploitation and neglect, to psychological and even physical harm. Like other forms of abuse, Elder Abuse is abetted by silence. A community that is unaware of the causes and the nature of Elder Abuse and is not exploring possible means of prevention and redress is putting its Seniors at risk. Community awareness is a critical first step to ending Elder Abuse. For the past five years, Toronto Residents In Partnership has taken up the challenge to have municipalities across the Province recognize the signs and the consequences of Elder Abuse. At TRIP's invitation, the City of Toronto was the first city in the world to proclaim an Elder Awareness Month in 2002. The numbers today continue to grow. Won't you join with mayors and councils across and beyond the GTA to officially proclaim June Elder Abuse Awareness Month in your community? Toronto Residents In Partnership is a not for profit organization whose members are dedicated to the promotion of racial, ethnic, religious and communal understanding, co- operation and harmony. We would be happy to offer our support and our assistance in drafting a Proclamation document, providing an information package, and in recognizing and publicizing your community's participation in this initiative. Thank you for your participation. Harvey Starkman President Toronto Residents In Partnership North York Civic Centre, 5100 Yonge Street, Lower Level, Toronto, ON. M2N 5V7. P: (416) 395 -6475 F: (416) 395 -6476 Page 1 1 PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as aresult of Rick Hanson's Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of May 27` June 2nd 2007 proclaimed in the City of Niagara Falls; and NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of May 27 June 2, 2007 as "National Access Awareness Week" in the City of Niagara Falls. Mayor R. T. (Ted) Salci Members of Council May 28` 2007 U5/15/2007 12:17 FAX 805 358 3081 Memo To: Dean lorfida From Harry Oakes Date: May 16, 2007 Re: Clifton Hill BIA Budget HARRY OAKES L0002 City of Niagara Falls Please accept this memo as the Clifton Hill BIA tax levy request for $15,000. The funding is based on the enclosed budget breakdown. Should you have any questions please contact me at (905) 357 -5911. TODS Highway Signage $10,000 Bus Bench Signage 10,000 Streetscape Maintenance 8,000 Accounting Audit 2.000 Total 2007 Budget $30,000 2006 Surplus Funds $15,000 2007 Tax Levy $15,000 Clifton Hill BIA 2007 Budget Clifton Hill B.I.A. /e922 2007 To the City of Niagara Falls, attention Mr. Dean Iorfida, The Niagara Falls Lions Club would very much appreciate it if the City of Niagara Falls Would designate the last week of May or the first week of June and if the time is too short to get it done for this time, the the last week of June would do just as well. Thanking you in advance for your kind cooperation. THE NIAGARA FALLS LIONS CLUB WILL BE CELEBRATING ITS 85 ANNIVERSARY ON JUNE 1 THE CLUB RECEIVED ITS CHARTER ON JUNE 5' 1922 WITH 25 MEMBERS AND IS THE 10' OLDEST LIONS CLUB IN CANADA We estimate that during this period we have donated to the community, in various forms of donations, a minimum of $3,00%0004 an average of $35.000 per year.) The following are some of the charitable organizations and Lions' projects we have donated to and supported: (there is not enough space on this sheet to name them all) The Niagara Falls General Hospital has been one of our biggest recipient in the past to help pay for very expensive equipment and furnishing the "Palliative -Care Room The latest was a large donation to the "Jeff Morgan Emergency Department named in honour of the late past Lions President, Jeff Morgan. Some other large and small donations were made to: in 1925 the Niagara Falls Lions club was one of the principle contributor to the "Municipal swimming Pool" on Valley Way. In 1945 the Niagara Falls Lions Club bought the "Adoniram Hall grounds and property and donated it to the Niagara Falls. Y.M.C.A, at a cost to the Lions of $100.000 which would be a very large sum today. The Lions were also the prime motivators in obtaining the "Dr. Fingland Day -Care- Centre" the swimming pool and the skating ring. In 1950 the club donated a vehicle to the St. John's Ambulance and in 1956 an automobile to the V.O.N nurses and the latest was a school bus to the "Boys and Girl Club Over the years we have helped our local people in need with the purchase of dentures, eye glasses, wheel chairs, special mattresses, Christmas baskets and in the old days, oil and coal to heat their homes in the winter. The purchase of "Guide Dogs" for the blind, hearing aids for the deaf. We are big supporters of: "Kiwanis Music Festival Humane Society, Project Share, Salvation Army, Children -Aid Society, Lions Quest, (drug awareness in the school system),Red Cross C.N.LB. (Canadian Institute for the Blind), our local hockey, baseball and swim teams. We also give out scholarships. We have in our files letters from Prime Minister MacKenzie King and the U. S. President F. D. Roosevelt thanking the Niagara Falls Lions Club for their support of the "War Effort" selling war bonds etc. OUR MEMBERS DON'T MIND DOING ALL THE ABOVE, HOWEVER, WE NEED SOME HELP AND THAT'S WHERE THE CITY, THE PUBLIC AND THE LOCAL BUSINESS COME IN BY SUPPORTING US WHEN WE DO OUR FUN- RAISING SUCH AS THE FOLLOWING Our Major Draw" (we sell 500 tickets at $70.00 each which include a 5 course dinner at the "Club Italia There are 12 draws, 11 draws of $500 and 1 Of $5000), Our "Carnival" for the last 3 days of June and July Pt," Wishing Wells" "Christmas Trees" "Lions Mints" Some of our fund raisers in the past were "Turkey Shoots" "Bingo's" Hockey programs souvenirs, Walk -a -Thon, "Christmas Cakes "Garage Sales Operating the Canteen for the Optimus Club and parking cars during the Molson's Slo -Pitch Tournament Again we want to thank the City of Niagara Falls, the Public and the Local Businesses for their generosity in the past and, yes, you've guessed it, also in the future as we try to raise money to continue our work serving in the community those who are less fortunate then most of us and help is hard to get for some of these people. May 28, 2007 CD- 2007 -12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Niagaraf1alls CANA 1)A Members: Re: CD- 2007 -12 Revision to Supply Services Policy RECOMMENDATION: That the signing authority for the City's two executive director positions be increased to $50,000. BACKGROUND: In late 2004, Niagara Falls City Council adopted a Supply Services Policy, as per report CD- 2004 -25. Such a policy was a requirement under the Municipal Act. The policy has also achieved the following objectives: it brought signing limits more in keeping with other municipalities of comparable size. more formally articulated signing limits, who had signing authority and purchasing requirements, such as need to obtain a minimum of three bids, the use of requisite forms issued by Supply Services and need to prepare appropriate specifications. a strengthened dispute resolution process was put in place (which has never needed to be exercised). the implementation of the signing limits decreased the need to bring "minor" expenditures to Council for approval. Although it should be noted that expenditures below $100,000 still routinely come to Council for approval, if there is a need to enter into a formal agreement with the successful tenderer or bidder. As Council is aware, for much of the time since the adoption of the Supply Services Policy, the Executive Director positions were vacant. In light of Council's approval on March 19 of the changes to the City's administrative structure, as per CD- 2007 -04, Organizational Review and Implementation, it is appropriate to increase the signing authority of the Executive Directors to an amount above Directors ($20,000), but still below the Chief Administrative Officer ($100,000); therefore, a limit of $50,000 is being recommended for Executive Directors. gara Falls ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks May 28, 2007 CONCLUSION: 2 CD- 2007 -12 The Supply and Services Policy which has been in place since 2005 has proven successful. The divisional directors are very involved in the process and careful to administer the spending in compliance with the approved budget. The system we have in place provides opportunity for checks and balances to responsively manage spending in an open, transparent and fair manner. Signing limits are well known to City staff, leading to full compliance. In light of the changes to the corporation's administrative structure, it is advisable to increase the signing authority of the Executive Directors to an amount between divisional Directors and the Chief Administrative Officer. Recommended by: Approved by: Respectfully submitted: o/ Dean Iorfida, Cit erk Burden, Acting Exe utctor of Corporate rporate Services MacDonald, Chief Administrat e Officer From $0. to $1,000. City Staff may use the purchase card to obtain small value items and should obtain verbal quotes from bidders prior to the use of the purchase card. From $1,000. to $4,000. You may obtain written bids from bidders per the guidelines of the Supply and Services Policy. (Minium three bids suggested). Bids received are to be attached to a purchase requestion and sent to Supply and Services. The Manager of Supply and Services will: Review all bids for compliance with Supply and Services Policy Issue a purchase order to the recommended bidder From $4,000. to $100,000. You are to prepare specifications and other requirements including list of desired bidders and attach these to a purchase requisition, and send to Supply and Services. Supply and Services Staff will: Issue Quotations, Proposals or Tenders (if applicable) on the authorized form in accordance with the Supply and Services Policy Post bid on Bid Opportunity Page on City's Web Site Send bid results, including copies of all bids received to the Divisional Director or designate for recommendation of the successful bidder(s) Over $100,000. You are to prepare specifications and other requirements including list of desired bidders and attach these to a purchase requisition, and send to Supply and Services. Supply and Services Staff will: Issue Tenders and Proposals (if applicable) on the authorized forms Place advertisements in a local daily newspaper and other media as appropriate. Post tender on Bid Opportunity Page on City's Web Site Send tender results, including copies of all tenders received to the Divisional Director or designate for purposes of preparing a council report From $0. to $20,000. Executive Directors and Directors and if applicable, Divisional Superintendents and Managers upon approval of a Director From $20,000. to $100,000. Chief Administrative Officer Over $100,000. Approval of City Council required Including all costs and taxes Includine all costs and taxes The Corporation of the City of Niagara Falls Supply and Services Policy QUICK GUIDE Approval Levels for Expenditures BID OPPORTUNITIES Quotations, Proposals and Tenders City Staff are not to commit to any purchase beyond the level of the Purchase Card or for any items or services not covered by a formal agreement or Blanket Order. f A Niagara Falls The City of Canal .040 Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site ww.v.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls,on.ca Alderman Wayne Campbell, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: T Re: CD-2004-25 Supply and Services Policy RECOMMENDATION: That Council adopt the Supply and Services Policy. BACKGROUND: December 6, 2004 Dean lorfida City Clerk The recommendation(s) contained in this report were adopted in committee and ratified by City Council solosieslaetisliale, Section 271 (1) the Municipal Act 2001 States that before January I, 2005, a municipalityand a local board shall adopt policies with respect to its procurement of goods and services. Any public purchasing policy should provide transparency, integrity of process and the best results possible for the municipality. The proposed procurement policy for the City of Niagara Falls articulates the following goals: To ensure the competitive bid process is fair and open to public scrutiny. To ensure that the process for all competitive bids is fair and open to all interested bidders. To provide a fair evaluation process for each competitive bid received. To ensure that the Municipality receives the right quality, quantity, price and total value for goods and services to meet its objectives. To ensure that the Municipality receives the best possible and right quality, quantity, price and total value for goods and services to meet its objectives. To provide a structured basis for negotiation that is consistent with established negotiations policies. Working Together to Serve Our Community Clerks Finance Human Resources information Systems Lege! Planning Development CD-2004-26 1 December 6, 2004 2 CD- 2004 -25 The Policy before Council is the result of many months of work and revision. Supply and Services staff looked at existing internal policies and surveyed the policies and spending limits of other municipalities. Drafts of the policy were vetted through the appropriate City staff. The proposed Supply and Services policy will bring the municipality more in line with others around the Province. Currently, staff brings forward all tenders over $18,000 for Council approval. As the Tender and Spending Limit Survey 2003 -2004 indicates Niagara Falls has by far the lowest threshold, Whitby, Ottawa and the Region of Waterloo are next "lowest" at $50,000. The majority of municipalities go to Council for tender approval when the project is in excess of $100,000. Similarly, the C.A.O. currently has signing authority for amounts between $4,000 and $18,000. Most municipalities surveyed allow spending by their C.A.O. or General Manager in the six figure range, The proposed policy maintains proper controls. Quotations, proposals and tenders, on authorized forms issued by Supply and Services, are still required for purchases over $4,000. Tenders and tender results are available off of the City website and all tender openings occur in public. The new policy also strengthens the dispute resolution process (see Section 19.8). CONCLUSION: The Municipal Act 2001 requires a Procurement Policy by year end. Spending limits have been increased for appropriate staff, These limits are more in keeping with other municipalities of comparable sizes, The proposed policy provides transparency, integrity of process and benefits to the municipality. In addition, the review, audit and enforcement aspects of the policy have been strengthened. In 2005, Supply and Services staff will educate appropriate City staff on the policy (the do's, the don'ts, authority levels, requirements vis a vis quotes, proposals and tenders). Also, the Purchase Card policy will be reviewed. Finally, after any revisions, the policy will be adopted by by -law. Recommended by: Dean Iorfrda City Clerk Policy Prepared by: Ray Miller Manager of Supply and Services Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: i John MacDonald Chief Administrative Officer Tender and Spending Limit Survey 2003 -2004 Municipality City of Barrie City of Brampton City of Brantford City of Burlington City of Cambridge City of Guelph City of Hamilton Council Approval for amounts over.... None required if tender is within budget and meets all criteria ie: low bid 3100,000 Pre- approval for most tenders and capital expenditures 1 million when all tender criteria is met $100,000 $500,000 -oper. budgets $L5 M capital projects None required if tender is within budget and meets all criteria ie: low bid CAO Director for amounts up to.... CA( up to $18,000 DD�rectors up.to.340' Executive Management Team: unlimited CAO: $100,000 Unlimited within budget for pre approved tenders Commissioners authority up to $50,000 City Mgr: up to $1 million when all tender criteria is met Dept Heads: $100,000 CAO: $100,000 CAO: $100,000 internal award memo for $100,000 to $1.5M per budget type City Mgr: 3250,000 Dept Heads: $100,000 Tenders to be issued for amounts over $500,000 I0 350,000 $1 00,000 3100,000 3100,000 3100,000 Formal Quotations to be issued for amounts over.. 000 to 318,000 l nformal un der $4;000 $25,000 to 3500,000 Informal under $25,000 $50,000 to $100,000 Informal under $50,000 $10,000 to 350,000 Informal under $10,000 $20,000 to $100,000 Informal under 320,000 $20,000 to 3100,000 Informal under $20,000 325,000 to $100,000 Informal under 325,000 $50,000 to $100,000 Informal under $50,000 Municipality Council Approval for amounts over.... CAO Director for amounts up to.... Tenders to be issued for amounts over Formal Quotations to be issued for amounts over.. City of Kitchener $100,000 CAO: $100,000 Dept Heads have no signing authority $100,000 $20,000 to $100,000 Informal under $20,000 City of London $100,000 Gen. Mgr: $100,000 $100,000 $50,000 to $100,000 Informal under $50,000 Town of Markham $350,000 CAO: $350,000 Commissioners $100,000 $50,000 $25,000 to $50,000 Informal under $25,000 City of Mississauga None required if tender is within budget and meets all criteria ie: low bid CAO Commissioners: $200,000 $50,000 Up to $50,000 Town of Newmarket $100,000 CAO: $100,000 $100,000 $20,000 to $100,000 Informal under $20,000 Town of Oakville None required if tender is within budget and meets all criteria ie: low bid City Mgr: $250,000 Dept Heads: $150,000 $150,000 $25,000 to $150,000 Informal under $25,000 City of Oshawa $250,000 CAO: $250,000 CAO reports monthly on spending activity $50,000 $25,000 to $50,000 Informal under $25,000 City of Ottawa $50,000 CAO: $50,000 $50,000 $10,000 to $50,000 Informal under $10,000 City of Pickering $75,000 CAO and Directors: $75,000 $100,000 $25,000 to $100,000 Informal under $25,000 Town of Richmond Hill $100,000 CAO and Dept Heads: $100,000 $100,000 $25,000 to $100,000 Informal under $25,000 Municipality Council Approval for amounts over..._ CAO Director for amounts up to.... Tenders to be issued for amounts over Formal Quotations to be issued for amounts over__ City of St. Catharines $75,000 Amounts under $75,000 only if low bidder not recommended CAO: $75,000 $75,000 $25,000 to $75,000 Informal under $25,000 City of Waterloo $500,000 and any tenders that are over budget by set amt CAO and Directors: up to $500,000 if tender is within budget $100,000 $50,00 to $100,000 Informal under $50,000 Town of Whitby $50,000 and any tenders that are over budget for any amt. CAO and Directors: $50,000 $50,000 $25,000 to $50,000 Informal under $25,000 City of Windsor $100,000 Gen Mgr: $100,000 $30,000 $1,200 to $30,000 Informal under $1,200 Region of Durham None required if tender is within budget and meets all criteria ie: low bid but over $100,000 if not low bid and all negotiated contracts over $50,000 CAO: unlimited if tender is within budget and meets all criteria ie: Iow bid Dept Heads: $100,000 $100,000 $20,000 to $100,000 Informal under $20,000 Region of Halton None required if tender is within budget and meets all criteria ie: low bid but over $1 00,000 if not low bid and all negotiated contracts over $100,000 CAO and Commissioners: $1 00,000 $100,000 $25,000 to $100,000 Informal under $25,000 Region of Niagara $1 million if tender is in budget and meets all criteria ie: Iow bid Corporate Management Team up to $1 million Dept Heads up to $50,000 $50,000 $25,000 to $50,000 Informal under $25,000 Notes: 1. Signing authority limits for Commissioners, Department Heads, Managers and Supervisory Staff are set by each individual agency but do not exceed CAO limits listed above for each agency. 2. Informal Quotations are handled in a variety of ways throughout the province. Many agencies allow departmental staff to obtain informal quotes usually a minimum of three bids required) in writing (letter, e-mail, fax) and some verbally. Other agencies handle informal quotations more centrally through the purchasing section and usually require three written bids. Most purchasing sections will assist the departments with informal quotations upon request by the department. 3. Where council approval is not required for tenders and RFP's if all established criteria is met, a few agencies will report to council on spending activity for a set period, ie: monthly, quarterly or annually. Municipality Council Approval for amounts over.... CAO Director for amounts up to.... Tenders to be issued for amounts over Formal Quotations to be issued for amounts over.. Region of Peel $250,000 for tenders and RFP's and all negotiations if any irregular results obtained CAO: $250,000 $100,000 $25,000 to $100,000 Informal under $25,000 Region of Waterloo $50,000 CAO: $50,000 $50,000 $20,000 to $50,000 Informal under $20,000 Region of York $250,000 CAO: $250,000 $100,000 $50,000 to $100,000 Informal under $50,000 Notes: 1. Signing authority limits for Commissioners, Department Heads, Managers and Supervisory Staff are set by each individual agency but do not exceed CAO limits listed above for each agency. 2. Informal Quotations are handled in a variety of ways throughout the province. Many agencies allow departmental staff to obtain informal quotes usually a minimum of three bids required) in writing (letter, e-mail, fax) and some verbally. Other agencies handle informal quotations more centrally through the purchasing section and usually require three written bids. Most purchasing sections will assist the departments with informal quotations upon request by the department. 3. Where council approval is not required for tenders and RFP's if all established criteria is met, a few agencies will report to council on spending activity for a set period, ie: monthly, quarterly or annually. May 28, 2007 IS- 2007 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: IS- 2007 -04 The Active Network Ltd. Agreement RECOMMENDATION: Niagaraaalls 1) That the City of Niagara Falls enter into an agreement with The Active Network Ltd.; and 2) That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: The City of Niagara Falls will receive, as a partner in the Connect Niagara [YourNiagara.ca] initiative, the Active Network Ltd. Class Recreation Software for Parks, Recreation Culture. The cost of the software [$40,085 plus applicable taxes] and yearly maintenance [$4,625 plus applicable taxes] is included in our annual contribution to the project [$50,000]. The City of Niagara Falls wishes to enter into an Agreement with The Active Network Ltd. to implement the software which includes modules for facility reservations, program registrations, memberships and on -line Internet access. Council's concurrence of the recommation and agree Vent to authorize the Mayor and Clerk to sign the agreement would bb appreciated. Recommended by: Respectfully submitted: Lynn Molloy, nfor tem hn MacDonald, Chief Administrative Officer Working Together to Serve Our Community a L2E 65(5 905-356-7521 wwwniagarafalls.ca Corporate Services Department Information Systems May 28, 2007 MW- 2007 -47 Niagara als CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW -2007- 47 Development Agreement Site Servicing and Lot Grading Matters 1578891 Ontario Ltd. (Former Treibacher Site) RECOMMENDATION: It is recommended that staff be directed to prepare a development agreement between the City and 1578891 Ontario Ltd. that will specify the conditions and timing for the construction of municipal services and lot grading for the development of the subject property. BACKGROUND: On November 14, 2006, the Niagara Falls Committee of Adjustment approved an application (B57/2006/NF to B61/2006/NF) permitting the severance of the former Treibacher site on Stanley Avenue into 5 separate industrial lots. The conditions of approval require the applicant "to prepare a revised comprehensive lot grading plan and to construct all necessary services for the development to the City's satisfaction This condition must be fulfilled prior to November 15, 2007 however due to the requirements for the clean up of this brownfield site and the market conditions it is unlikely that the works will be completed before the anniversary date of the approval. By entering into a Development Agreement with the proponent the City can secure the site servicing and lot grading requirements for the new industrial lots and provide the additional time needed by the developer to clean up and market the properties. The subject lands were included as part of the City's Brownfield Pilot Project Area. A description of the proposed lotting is shown on the attached plan. Council's concurrence with the above recommendation would be appreciated. Recommended by: Geoff Holman, Director of Municipal Works agara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works Approved by: Respectfully submitted: 2 Ed Dujlovic, Executive irector of Community Services MacDonald, Chief Administfative Officer G.Holman S: \REPORTS \2007 Reports\MW- 2007 -47 Development Agreement Site Servicing and Lot Grading Matters.wpd May 2007 KA GIS_ Requests9007 \Custom\InternagMunfdpal _Works\ Proposed_Broo mfeld_Oevelopment_SIte.map Proposed Brownfield Development Site Proposed Brownfield Development Site Property Parcels N s 1: NTS May 28, 2007 MW -2007- 49 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW -2007- 49 ATU Convention Transportation Request June 2007 RECOMMENDATION: Niagaraj7alls That the request by the Amalgamated Transit Union for the use of Niagara Transit Buses during the week of their National Convention, June 3 to June 9, 2007, be approved BACKGROUND: Amalgamated Transit Union Canadian Council has chosen Niagara Falls for the National Convention scheduled for the week of June 3, 2007. Delegates from all across Canada will visit Niagara Falls for a period of one week. Niagara Transit's Local Union has requested that Niagara Transit donate the use of 1 to 3 buses for special event transportation for delegates. The number of buses to be used are not yet determined and is subject to registration. As well, all delegates and guests be allowed free access to Niagara Transit bus routes during the duration of their visit. It has been common practice during Transit Union Conventions, the Host Transit Property assists in transportation of delegates at different periods (estimated Usage 63.5 hours $635.00 for fuel consumption) during their visit, at no cost (Please note that Local Bus Drivers will donate their time and are not subject to be paid wages). All participants are from various transit properties across Canada and are members of Canadian Urban Transit Association (C.U.T.A.). It is recommended that Niagara Transit participate in this convention through the donation of buses. Recommended by: J Karl Dr en, Di rector of Transportation Services cto Approved by: Respectfully submitted: R. Desormeaux Ec Dujlo vi c, Executive r of Community Services Sohn MacDonald, Chief Administrative Officer S:1TPS\TPS 1.00 Administration\TPS 1.06 Reports 12007 Counci1105 May 261MW- 2007 -49 ATU Convention Transportation Request.wpd nada L2E 6X5 905-356-752 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departmc Transportation Services May 28, 2007 MW- 2007 -50 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraf1alls CA NA 1)A Re: MW- 2007 -50 Tender for the Supply of Diesel Fuel for City Buses Joint Procurement (St. Catharines/Welland Transits) Contract #T05 -2007 1) That Suncor Energy Products Inc. (Sunoco) be awarded contract T05 -2007 for supply of Diesel fuel for City Buses for a period of 36 months, and 2) That the Mayor and the Clerk be authorized to execute the necessary agreements. BACKGROUND: Niagara Transit initiated meetings with staff from St. Catharines Transit and Welland Transit, with the goal to jointly procure the supply diesel fuel, in order to save money by tendering for diesel fuel as a group. A further goal was to maintain the current method of monthly pricing rather than daily pricing which the current supplier (Shell) was switching to. Daily pricing imposes increased workload by forcing users to constantly monitor fuel rack pricing and makes budgeting more prone to variances. In the final analysis, monthly pricing turned out to be cheaper for the group, than daily pricing. In the presence of the Manager of Supplies and Services, tenders for the Supply of Diesel Fuel for City Buses, were opened on Tuesday, May 1, 2007. Five (5) bids were received, summary attached. Based on the information provided, staff is recommending that the Diesel Fuel Contract T05 -2007 be awarded to Suncor Energy Products. The Suncor bid was lowest bid ox`1023 Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community :ommunity Services Department Transportation Services May 28, 2007 and their product meets all specifications. Both St. Catharines and Welland are also selecting the low bid supplier, Suncor. Financing: The estimated cost per year, based on projected consumption of 2.3 million litres of No. 1 Ultra Low Sulphur Diesel Fuel and 460,000 litres of No. B5 Bio Diesel Fuel is $2,649,922.00 including all taxes. Funding: Niagara Transit account number Based on the information provided, staff is recommending that Suncor Energy Products Inc. (Sunoco) be awarded Contract T05 -2007. Recommended by: Approved by: Respectfully submitted: 2 MW- 2007 -50 arl Dren, Director of Transportation Services Ed Dujlovic, ExePitive Director of Community Services MacDonald, Chief Administlative Officer I-I. VanDyke S: \TPS \TPS 1.00 Administration\TPS 1.06 Reports12007 Counci1105 May 28 \MW- 2007 -50 Diesel Fuel Buses.wpd Company No. 1 Ultra Low Sulphur Diesel Fuel No. 1 Ultra Low Sulphur Diesel Fuel No. B5 Bio Diesel Fuel No. B5 Bio Diesel Fuel Pricing Option: Daily Pricing Monthly Pricing Daily Pricing Monthly Pricing Sunoco *(Low Bid) 36 York Mills Road Toronto, ON M2P 2C5 $0.9564 litre Total $4,782,190.00 $0.9787 litre Total $978,698.00 Thermoshell Inc 110 Cushman Road St. Catharines, ON L2M 6T1 $0.9614 litre Total $4,807,000.00 Tomlynn Fuels Inc (Imperial Oil Esso) 138 Cushman Road St. Catharines, ON L2M 6T1 $1.006 litre Total $5,030,000.00 Ultramar 239 Billings Cres. Newmarket, ON L3Y 7Y8 $0.9579 litre Total $4,789,610.00 $0.9662 litre Total $4,830,950.00 $1.0218 litre Total $1,021,840.00 $1.0264 litre Total $1,026,398.00 Wright Fuels Inc. (Petrocan) 180 Cushman Road St. Catharines, ON L2M 6T6 $0.9934 litre Total $4,967,000.00 Nagara, all s Tender Summary Tender No. T05 -2007 for the Supply and Delivery of No. 1 Ultra Low Sulphur Diesel Fuel and No. B5 Rio Diesel Fuel on behalf of: Niagara Transit St. Catharines Transit Commission Welland Transit Annual Cost (firm as of date of tender closing) Including Taxes and All Other Costs May 1, 2007 May 28, 2007 MW- 2007 -52 Niagara ails CAN A D A His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -52 Deerfield Estates Subdivision Payments for Servicing Oversizing RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Respectfully submitted: R.Volpini S:IREPORTS12007 Reports \MW 2007 -5 That the sum of $534,817.69 be transferred from the Development Charges Reserve Fund and paid to River Realty Development (1976) Incorporated in accordance with the Subdivision Agreement for the City's cost -share of services. The City entered into a Subdivision Agreement with the developer, River Realty Development to set the terms and conditions for the construction of this subdivision. Since various services were constructed to accommodate future developments beyond the limits of this subdivision, the City agreed to cost -share these additional services including watermains, sewers and roadways. The Subdivision Agreement contains clauses that set out the terms of the cost sharing of these services. The final costs to be shared are based on actual construction quantities and tendered unit prices which are reflected on the submitted progress certificates. Staff have reviewed these documents and find that they are reflective of the actual construction costs. The source of the funding has been identified and included in the 2007 Capital Forecast. Therefore, the City is in a position to make the required payment. Geoff Holman, Dir- tor of Municipal Works n MacDonald, Chief Administrati d Dujlovic, Executive Director of Community Services erfield Estates Subdivision.wpd 23, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Officer Community Services Department Municipal Works May 28, 2007 MW- 2007 -59 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj7alls CANADA Re: MW- 2007-59 Greater Niagara Transit Commission That Council pass the additional by -law on this evening's agenda to dissolve the Greater Niagara Transit Commission and to continue the operations of that Commission as a Division of The Corporation of the City of Niagara Falls. On February 5, 2007, Council heard a presentation from Ian Smith from Mercer Delta Organizational Consulting regarding the future of the Greater Niagara Transit Commission and Organizational Review Update. One of the recommendations in the report regarding Greater Niagara Transit is that the Commission be dissolved and that it become part of the City's administrative structure. Subsequent to the report the following two motions were passed and approved by Committee and ratified by Council. "It was ORDERED on the motion of Mayor Salci and seconded by Councillor Thomson that the consultant's recommendations be received for the information of Council." The second motion made; "It was ORDERED on the motion of Mayor Salci and seconded by Councillor Thomson that the ti ar !sit operation be formally taken over by the City of Niagara Falls as part of its administrative structure." Following these motions City staff then carried out a review of the various acts and by -laws related to the formation of the Greater Niagara Transit Commission. After completing the review staff determined that the Commission could be dissolved by simply passing a by -law. Accordingly, the by -law on tonight's agenda fulfills the motion that was passed by Council on February 5, 2007. The effective date for the dissolution of the Commission is May 31, 2007. Attached to the report is a resolution dated May 23, 2007 from the Commission reiterating their motion of January 15, 2007 in agreement with the dissolution of the Transit Commission. uean Street PO Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works May 28, 2007 -2- Council's concurrence with the above recommendation would be appreciated. Recommended by: Respectfully submitted: Attach: Ed Dujlovic, Exe?utive Director of Community Services i MacDonald, Chief Administrative Officer S:1REPt7RTS12007 Reports\MW- 2007 -59 Niagara Transit commission.wpd MW-2007-59 GREATER NIAGARA TRANSIT COMMISSION WHEREAS having resolved on the 15' day of January, 2007 to dissolve itself for the purpose of facilitating the continuation of the passenger transportation service established, maintained and operated by the Commission within the City of Niagara Falls, the Commission hereby makes the following Resolutions to further that end; RESOLVED THAT: 1. Any and all powers of the Commission shall be exercised by The Corporation of the City of Niagara Falls as of the effective date of the by -law of that City whereby this Commission is dissolved and the passenger transportation system established, maintained and operated by this Commission continued as a division of that City. 2. The Corporation of the City of Niagara Falls, acting through its Executive Director of Community Services, is hereby appointed as the lawful attorney of the Commission for the purpose of resolving any liabilities of the Commission for which the Commission is insured including, without limiting the generality of the foregoing, claims alleging negligence on the part of the Commission arising out of acts, omissions, circumstances or incidents that occurred or should have been known to have occurred prior to or upon the effective date of the by -law of that City whereby this Commission is dissolved and the passenger transportation system established, maintained and operated by this Commission continued as a division of that City. The undersigned, being a majority of the Directors of the Commission, hereby adopt the foregoing Resolutions this 24t day of May, 2007. Anthony DiGacomo, Chairman RESOLUTION OF THE BOARD OF DIRECTORS OF Loui'anges Dan Carter R. T. (Ted) Salci, Mayor May 28, 2007 R- 2007 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario BACKGROUND: Niagara,Falls C 1 N A D A Members: Re: R- 2007 -11 Chippawa Willoughby Arena Roof Replacement RECOMMENDATION: That the low bid of $208,000.00 plus GST by Triumph Aluminum and Sheet Metal Inc. be accepted by Council for the completion of a roof replacement on the Chippawa Willoughby Memorial Arena. 2. That the Mayor and the Clerk be authorized to execute the necessary agreement. A roof assessment for the Chippawa Willoughby Arena was completed by Trow Engineering in September 2005. The report at that time, identified the seven different roof areas of the facility and provided an assessment of the condition of each of the areas. The main metal roof of the facility which was identified as being in poor condition and in need of replacement was the main concern. It was identified that the most cost effective approach to ensure the performance of the roof for the next 20 -25 years was to overlay the existing metal panels with a new standing seem metal roof system. The need and plan for this roof replacement was identified in the 2006 capital budget and Council approved an amount of $350,000 for the completion of this roof. The specification work for the new roof could not be completed in a timely fashion in 2006 to allow the work to be completed in the summer of 2006 and therefore the tendering of this project was delayed until 2007. The project was tendered on April 11, 2007 and closed on May 1, 2007. We received two bids as follows: Roofing Contractor Triumph Aluminum and Sheet Metal Inc. Flynn Canada Inc. Working Together to Serve Our Community Stipulated Bid Price $208,000.00 Plus GST $379,910.00 Plus GST L2H 3N3 905- 356 7521 www.niagarafalls.ca Community Services Department Parks, Recreation Culture May 28, 2007 Recommended by: Approved by: Respectfully submitted: SH /das 2 R- 2007 -11 Each of the proposals have been reviewed by our consultant on this project, Trow Engineering. They are recommending that the bid from Triumph Aluminum and Sheet Metal Inc. be accepted. /00/s Denyse I1orrissey, Dire r of Parks, Recreation Culture Ed Dujlovic, Executive Dir or f Community Services n MacDonald, Chief Ad istrative Officer May 28, 2007 R- 2007 -12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: NiagaraJalls Members: Re: R- 2007 -12 2007 Ker Park Concession Agreement 1. That a lease agreement between the Niagara Falls Men's Fastball League and the City of Niagara Falls to operate the concession at Ker Park be approved. That the Mayor and the Clerk be authorized to execute the necessary agreement. BACKGROUND: The concession located at Ker Park had been operated by the Minor Boys' Softball Association Ladies Auxiliary since 1981. The Association disbanded at the end of the 2006 season and the concession is now vacant. The Niagara Men's Fastball League has been a user group at Ker Park for a number of years. The League would like to operate the concession providing food services for the baseball and soccer leagues that use Ker Park. The concession would also be open for tournaments. The agreement will be for a period of one year with an option to renew in March 2008. The League will be responsible for receiving all approvals related to food services and acquiring the necessary insurance. City staff has inquired of other youth sports groups using the facilities if they were interested in operating the concession. None expressed any interest. Staff supports the signing of the Agreement with the Niagara Falls Men's Fastball League. arafal(soN,Canada "L2H 3N3 905- 356 7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture May 28, 2007 Recommended by: Approved by: Respectfully submitted: RM attch. 2 Denyse 14orrissey, Director f Parks, Recreation Culture r J I n MacDonald, Chief Administrative Officer pr Ed Dujlovic, Exec i ve Direc Com nity Services R- 2007 -12 THIS AGREEMENT made the 30 day of March, 2007. BETWEEN: AND WHEREAS there is a concession stand in Ker Park; TERMS OF THE AGREEMENT NIAGARA FALLS MEN'S FASTBALL LEAGUE Hereinafter called the "Concessionaire" and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" of the FIRST PART; of the SECOND PART. WHEREAS the City is the owner of certain lands in the geographic area of the City of Niagara Falls which lands are known municipally as Ker Park; AND WHEREAS the Municipal Act, 2001 empowers the Council of The Corporation of The City of Niagara Falls to enter into this Agreement; AND WHEREAS the Concessionaire desires to obtain certain concession privileges to sell refreshments in the public park property of the City, known municipally as Ker Park, by operating out of the concession building located and shown on Schedule "A" attached and foaming part of this Agreement and the City has agreed to grant the privileges in accordance with the following provisions. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the letting of the concession by the City to the Concessionaire, the Concessionaire covenants and agrees with the City as follows: 1. The City hereby grants to the Concessionaire the sole and exclusive right (herein called "the concession to sell refreshments from the concession stand shown on Schedule "A during all attractions or games which may take place at Ker Park, including any form of exhibition of an athletic or sporting nature, for a term of one (1) year commencing on the l' day of May, 2007, to and including the 30 day of April 2008. 2. The term of this Agreement maybe renewed by an agreement in writing between the parties. 3. Each renewal of the Agreement shall be for a term of one year or such lesser period of time as may be agreed between the parties. FINANCIAL RESPONSIBILITIES OF CONCESSIONAIRE 4. All profits derived from the operation of the concession let under this Agreement shall be devoted exclusively to the operations of the Niagara Falls Men's Fastball League. 5. The Concessionaire shall annually provide the City with a financial statement acceptable to the Director of Parks, Recreation Culture, covering all financial transactions carried out by the Concessionaire in respect of the concession by November 1S of each year. NON ASSIGNMENT DUTIES OF CONCESSIONAIRE -2- 6. The Concessionaire shall not assign or transfer the concession, or any of its rights or obligations under this Agreement, without the consent of the City, and such consent may be arbitrarily refused by the City in its sole and uncontrolled discretion. 7. The Concessionaire shall, at its own expense, obtain, maintain and post in a visible area to the public, all permits that are required for or in connection with the exercise of the concession. Photocopies of all permits must be submitted to the Director of Parks, Recreation Culture by May 1s of each year. 8. The Concessionaire shall at all times observe and comply with all statutory requirements, regulations, rules and /or by -laws of Canada, Ontario and every municipal or other authority which in any manner affect or relate to Ker Park and the operation of a concession therein. 9. The Concessionaire shall not put up or exhibit, or permit or allow to be put up or exhibited in Ker Park, any sign, notice, notice board, painting, design or advertisement without obtaining the prior consent in writing of the Director of Parks, Recreation Culture of the City. 10. The Concessionaire shall, at its own expense, keep and maintain the concession in a clean, sanitary, attractive condition that is satisfactory to the Director of Parks, Recreation Culture and the Medical Officer of Health for the Regional Municipality of Niagara, and regularly dispose of all garbage, waste material and rubbish accumulating in connection with the exercise of the concession, and the Concessionaire shall at all times ensure that such garbage, waste material and/or rubbish is not dropped or left in or upon any part of Ker Park hereinbefore recited, and keep the grounds within a distance of40 feet surrounding the concession, free from papers, empty boxes, containers and other rubbish and debris of all kinds. Annual inspections and servicing of fire extinguishers must be conducted by certified companies and copies of Certificates confirming the operational condition of the safety equipment are to be provided by May P of each year to the Director of Parks, Recreation Culture. USE OF CONCESSION -3- 11. In exercising the concession, the Concessionaire shall sell only soft drinks, hot dogs, ice cream, peanuts and other refreshments customarily sold to the public at athletic games or events. The Concessionaire shall not enter into any agreement with a product supplier or sell any items or products other than those prescribed in the preceding sentence without first obtaining written approval from the Director of Parks, Recreation Culture. 12. The Concessionaire shall offer for sale or withdraw from sale, as the case may be, pursuant to the concession, any kind of refreshment or food product that may be designated by the Director of Parks, Recreation Culture of the City. 13. The Concessionaire shall not sell or allow to be sold pursuant to the concession, any refreshments in glass containers or bottles. 14. No intoxicating, alcoholic or fermented ale, wine, liquor or spirits shall be sold, dispensed, or, with the knowledge of the Concessionaire, consumed in or about the concession. 15. The Concessionaire shall sell all refreshments offered for sale pursuant to the concession at no more than prevailing competitive prices that are satisfactory to the Director of Parks, Recreation Culture. 16. The Concessionaire agrees that the rights conferred under this Agreement do not include the use of vending machines. INSPECTION 17. The Director of Parks, Recreation Culture and the Medical Officer of Health for the Regional Municipality of Niagara or their duly authorized representatives shall have the right to enter any part of the property to inspect at any time the quality of the refreshments offered for sale pursuant to the concession, and the manner in which the same are prepared, kept and served. And the said Director of Parks, Recreation Culture and /or the said Medical Officer of Health may require the Concessionaire to make such change or changes in respect thereto as in their opinion or the opinion of either of them is or are desirable. INSURANCE /INDEMNIFICATION /LIABILITY 18. The Concessionaire shall indemnify the City and each of its servants, employees and agents, from and against all actions, suits, claims and demands which may be brought against or made upon the City, its servants, employees and agents, or any of them, and from and against all loss, costs, charges, damages and expense which may be incurred, sustained or paid by the City, its servants, employees and agents, or any of them, arising out of the operation of the concession, the consumption of refreshments pursuant thereto, or the use and occupation of Ker Park on which the concession building is located. -4- 19. (1) The Concessionaire hereby fully and forever releases, acquits and discharges the City, its officers, employees, agents, successors and assigns, from and against any and all actions, causes of action, claims, demands, costs, charges, damages, expenses and loss of whatsoever kind or nature on account of any and all known and unknown injuries, losses and damages which may be sustained or received by it as a result of this Agreement. (2) Further, the City shall not be liable for any death, injury or damage to or loss of property occurring in or about the concession or any death, injury or damage with respect to occurrences insured against or required to be insured against by the Concessionaire or any indirect or consequential damages that maybe suffered by the Concessionaire, even if caused by the negligence of the City or its agents or others for whom it is at law responsible. 20. The Concessionaire further covenants to and agrees that all goods, wares, merchandise, foodstuffs, refreshments, equipment and property of any nature and kind brought into Ker Park by itself, or on its behalf, shall be at its own risk absolutely and the City shall in no case be responsible for any loss or damage thereto, howsoever caused. 21. (1) The Concessionaire shall keep in full force and effect, at its expense, in the names of the Concessionaire and the City: (a) commercial liability insurance in an amount of not less than Two Million Dollars ($2,000,000.00) in respect of injury to or death of one or more persons or property damage against claims for personal injury liability, death or property damage occurring on, in or about the concession, including personal liability, liability assumed by contract and Concessionaire's legal liability (which policy shall provide for cross liability and severability of interests and which will be the primary insurance which will not call into contribution any other insurance available to the City); (b) insurance against loss or damage by fire in respect of all improvements to the concession and equipment appurtenant thereto to the full insurable value of same and containing the standard extended perils and endorsements; (c) such other insurance as would be carried by a prudent Concessionaire, and as the City may from time to time reasonably require. (2) The foregoing policies shall be kept in good standing and in full force and effect at all times throughout the term, and shall be in a foiin and with insurers acceptable to the City. All of the foregoing policies shall contain a waiver of any right of subrogation by the Concessionaire's insurers against the City, its contractors, agents and employees, whether or not any loss is caused by the act, omission or negligence of the City, its contractors, agents or employees. The Concessionaire shall furnish the City and keep it furnished with certificates of such insurance policies on request. 22. The Concessionaire acknowledges and agrees that this Agreement with the City is in no way to be deemed or construed to be a contract of employment. Specifically, the parties agree that it is not intended by this Agreement that the Concessionaire or its staff, agents or employees are to be considered to be employees of the City for the purposes of the Income Tax Act, R.S.C. 1985, c. I -1, the Canada Pension Plan, R.S., 1985, c.0 -8, the Employment Insurance Act, 1996, c. 23, the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 and the Health Insurance Act, R.S.O. 1990, c. H.6, all as amended from time to time and any other substituted legislation. TERMINATION 23. If the said concession building shall be destroyed or damaged to such an extent as to render it unfit for its normal or customary uses, this Agreement shall terminate forthwith without notice. 24. The Agreement may be terminated by the City in its absolute, unfettered discretion during the original term or any renewal of that tei upon 30 days written notice to the Concessionaire. NOTICE 25. Any notice to be given pursuant to this Agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the President of the Concessionaire and the City as follows: For the Concessionaire: For the City: -5- All of the foregoing policies shall contain an undertaking by the insurer, if available, that such policy shall not be cancelled or terminated except after not less than 30 days prior written notice to the City. Niagara Falls Men's Fastball League c/o Allan Greatrix 6648 Argyll Crescent Niagara Falls, ON L2G 5E7 Telephone: 905-354-2206 The Corporation of the City of Niagara Falls Attention: City Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Telephone No: 905- 356 -7521 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. REVIEW, RENEWAL OR EXTENSION -6- 26. The City and the Concessionaire shall review the provisions of this Agreement on or before the is' day of March, 2008 and unless they mutually agree on the terms of any renewal or extension, this Agreement shall terminate on the 30` day of April, 2008. AMENDMENT 27. The Concessionaire and the City agree that this Agreement may be amended only by the mutual consent in writing, by each of the parties hereto. 28. It is hereby declared and agreed that this Agreement and everything herein contained shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns subject to the earlier provisions hereof respecting assignment. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. SIGNED, SEALED AND DELIVERED in the presence of S: \Council \Council 2007 \R 2007 -12 Ker Park Concession Agreemcnt.wpd NIAGARA FALLS MEN'S FASTBALL LEAGUE Per: Allan Greatrix, President THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk KEY PLAN -7- SCHEDULE A MERLE F. KER PARK PARK LAYOUT AC, CONCESSION BUILDING TRAI. TENNIS PARKING LOT SOCCER May 28, 2007 R- 2007 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2007 -13 2007 MacBain Community Centre Lease Agreement with Another Perspective Family Centres Inc. RECOMMENDATION: 1. That a lease agreement between the City of Niagara Falls and Another Perspective Family Centres Inc. at the MacBain Community Centre be approved. 2. That the Mayor and the Clerk be authorized to execute the necessary agreement. BACKGROUND: Niagara,Falls C,�nnnz� In September of 2006, Phoenix Physiotherapy Massage Therapy Services decided not to extend their lease agreement with the City for office space on the 2' Floor at the MacBain Community Centre. As a result, there is now vacant office space (112 sq ft) that is available for lease. The lease agreement is for a period of three (3) years, commencing on June 1, 2007 and ending on May 31, 2010. The space will be leased for $25 per square foot (profit rate), as opposed to the non profit rate of $9.42 per square foot. Another Perspective Family Centres Inc. is a family counseling centre which provides individual and group therapy, corporate Workshops, couples /family therapy and child/ adolescent therapy. The MacBain Community Centre Operations and Services Committee has reviewed the profile on Another Perspective Family Centres and has approved them as a potential tenant of the MacBain Centre. Staff believes that Another Perspective Family Centres services would be an appropriate compliment to the MacBain Community Centre. iagara N, Canada L2H 3N3 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture May 28, 2007 Recommended by: Approved by: Respectfully submitted: JM /das -2- R- 2007 -13 i Pit tails Denyse Morfissey, Director o /Parks, Recreation Culture L+/ Ed Dujlovic, Excutive Dir of Community Services MacDonald, Chief` Administrative Officer CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 2006 -144, being a by -law to set fees for lottery licensing. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2006 -144 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. The fees for bingo shall be retroactive to May 1, 2007 Passed this twenty- eighth day of May, 2007 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 28, 2007 May 28, 2007 May 28, 2007 Raffle Break Open Tickets Bazaar Bingo Carnival Bingo Penny Bingos Media Bingo Schedule A Prizes up to $500.00 (retail value) Free $500.00 $50,000 (retail value) 3% of retail value Maximum 50 units per licence 3% of the value of the prizes Penny Sale Free Bazaar Games of Chance $10.00 per day (maximum 3 wheels) 1.5% of gross wagering (not to exceed $165.00 per session on average, paid monthly) Prizes up to $3,000.00 per day $15.00 per day (maximum duration: 4 days) Free 3% of actual prizes paid A by -law to declare Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty eighth day of May, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 28, 2007. May 28, 2007. May 28, 2007. CITY OF NIAGARA FALLS By -law No. 2007- A by -law to authorize the execution of an Agreement of Purchase and Sale with 1448190 Ontario Limited and 258796 Investments Limited respecting the purchase of lands being Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated May 11, 2007 from 1448190 Ontario Limited and 258796 Investments Limited to The Corporation of the City of Niagara Falls for Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty- eighth day of May, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 28, 2007. May 28, 2007. May 28, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BUYER: 1448190 Ontario Limited and 258796 Investments Limited SELLER: The Corporation of the City of Niagara Falls PARCEL IDENTIFICATION NUMBER: 64252 -0025 (LT) Land Registry Office of Niagara South in the City of Niagara Falls, Regional Municipality of Niagara and having a frontage of more or less by a depth of more or less and legally described as PT RDAL BTN CON Broken Front NIAGARA RIVER AND CON 1 WILLOUGHBY (AS CLOSED BY BYLAW BB84703) LYING BTN 59R9814 SOMERVILLE ROAD (FORMERLY SEIFERT ROAD) EXCEPT R0666858 BB95517; NIAGARA FALLS (The "property"). (Legal description and land including easements not described elsewhere PURCHASE PRICE: FOUR THOUSAND, TWO HUNDRED DOLLARS (CDN$)$4,200.00 DEPOSIT: Buyer submits (upon acceptance) FOUR HUNDRED AND TWENTY By negotiable cheque payable to The Corporation of the City of Niagara Falls, in trust to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Buyer agrees to pay the balance as more particularly set out in Schedule A attached. SCHEDULE(S) A 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A Agreement Of Purchase And Sale nla attached hereto form(s) part of this Agreement. 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be INCLUDED IN If this transaction is not subject to G.S.T., Seller agrees to certify on or before closing, that the transaction is not subject G.S.T. Dollars (CDN$) $420.00 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Seller until 6:00 p.m. on the 15th day of_ June, 2007. 5. COMPLETION DATE: This Agreement shall be completed by no later than 6 p.m. on the 15 day of July, 2007 Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement 6. NOTICES: Seller hereby appoints the Listing Broker as Agent for the purpose of giving and receiving noticed pursuant to this Agreement. Only if the Co- operating Broker represents the interests of the Buyer in this transaction, the Buyer hereby appoints the Co- operating Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided in the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No. (For delivery of notices to Seller) FAX No. (For delivery of notices to Buyer) the Purchase Price 8. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the 5 days prior to closing (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use (RESIDENTIAL) may be lawfully continues and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except a otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to the Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire in favour of the Buyer and any mortgagee, (with all related costs at the expense of the Seller), and which Buyer will not waive, this Agreement not withstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Broker and Co- operating Broker shall not be liable for any cost or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non negotiable documents and other items (the "Requisite Deliveries and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer /deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers. The Seller and Buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage help by a corporation incorporated pursuant to the Trust and Loan Companied Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real -time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on the completion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provided for in this Agreement, the Buyer will not be obtaining a property inspection or property inspection report regarding the property. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of the Seller. Pending completion, Seller shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge /Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller and any Charge /Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer /Deed to be delivered on completion shall contain statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non residency provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions pf the Family Law Act, R.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. The warranty shall survive and not merge on the completion of this transaction. 23. CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 24. AGENCY: It is understood that the brokers involved in the transaction represent the parties as set out in the Representation section below. 23. AGREEMENT IN and any provision in the discrepancy, this A warranty, collateral a and Buyer meson: purehesQ, 26. SUCCESSORS DATED; At SIGNED, SEALED AND (W hoots] 1, the Undersigned Seller. enmminaion together with any payment to the undue' DATED: at __maga rulla O SIGNED, SEALED AND CELIVERED In the presence of [W] [Witness] SPOUSAL CONSENT: a Undersigned Sprouse of the S Fomily Law Art, R.S.O. 1 and hereby agrees with the effect to the at evidenixd mein. [W itness CONFIRMATION Ott EX typed and written was faulty Listing Broker Co- op/Buyer Broker 1 acknowledge receipt of my ss Purchase and Sale and 1 autho (Scher) (Seller) DATA: Address for Service Tel. No. NC: if then is conflict or di rd pre-set portion hereof, the including any Schedule attached or condition, which affects this This Agreement shalt be read with AS,SINS: The heirs. rxecu SLIVERED in the presence uf. w to the above Offer_ 1 hereby p liceble Goods end Services T cd an completion, as advised b £CUTIONt Notwithsmnding on e ie an l by all panics et ned eery of tins accepted A e the Agent to forward a copy to DATE: et No, Seller's Lawyer It 'Al Address 6057 DRUI4144ND OOD,,,(_`IIAGA&k F rex No arty between any provision added to this Agreement (including any Schedule attached hereto) ded provision shall supersede the aandard, pro -set provision to the extent of such conflict a ao, stmt constitute the entire Agreement between Buyer and Seller. Them is na representation. eemsn 11 t other than as *proceed herein. For the purposes of this Age Seller ck111E01 of gender cu number required by the se MCP/ vaWOr ee[ admit] istrators, stieeesanra and assigns of the undersigned are bound by the trams herein, this dgY of__ -J: r 20U7 IN WITNESS whereof d have hereunto set my hand and teat. a DATE:_ Mtty 1 L SQL [Buyer] 1448190 Ontario Limited [mil] 4414 DATE: Milt' 11.2007 [Buyer] L 8796 Investments Limits' voeably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of rho (and any other taxes as may henafer be applicable), from the the Listing Broker to my lawyer, proceeds of the sale prior W this day of My 2007 IN WITNESS whereat have hereunto get my hand and seal: [Se j [Sardis) DATE: Iter lea ewnsents to the disposition evidenced herein pima= W the !mss t o the uyer that he/she will execute all necessary or incidental documents to give full force and a l DATE: [Spouse] [Seal) no contained herein to the contrary. t moron this Agreement with all changni both m.fp.m. this day of REPRESENTATION L No Represents 1 No. (Paso') Represents ,2006 Address for Service DATE:_ Mr y 'Up7 [Sly:inure of Seller or Buyer] KNOWLEDGEMENI' t of 1 acknowledge receipt of my sig,tel copy of this accorded Agreement of lawyer parchets and Salt end 1 authorize the Agent to forward sonny lawyer (ettyct) DATE: DATE Tot No. Buyer s Lawyer REV HOWSON Address •dr D IA one ,r...,... NT TeL No. Fax No. TOTAL P.01 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2007- A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY Pin Oak Drive COLUMN 2 SIDE East COLUMN 3 BETWEEN A point 310 metres south of McLeod Road and a point 450 metres south of McLeod Road COLUMN 4 TIMES OR DAYS At all times -2- This By -law shall come into force when the appropriate signs are installed. Passed this twenty eighth day of May, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: May 28, 2007 Second Reading: May 28, 2007 Third Reading: May 28, 2007 Passed this twenty- eighth day of May, 2007. First Reading: Second Reading: Third Reading: May 28, 2007 May 28, 2007 May 28, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of a Municipal Cooperation Agreement with The Town of Lincoln, The Town of Pelham and The Township of West Lincoln respecting the amalgamation of Niagara Falls Hydro Inc. and Peninsula West Utilities Limited. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Municipal Cooperation Agreement dated May 31, 2007 and made between The City of Niagara Falls as Niagara Falls, The Town of Lincoln as Lincoln, The Town of Pelham as Pelham and The Township of West Lincoln as West Lincoln, regarding the understandings and obligations of the municipalities in respect of the amalgamation of Niagara Falls Hydro Inc. and Peninsula West Utilities Limited, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Municipal Cooperation Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Municipal Cooperation Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR MUNICIPAL CO- OPERATION AGREEMENT THE CITY OF NIAGARA FALLS and THE TOWN OF LINCOLN and THE TOWN OF PELHAM and THE TOWNSHIP OF WEST LINCOLN May 31, 2007 TABLE OF CONTENTS Page ARTICLE 1 INTERPRETATION 2 1.1 Defined Terms 2 1.2 Interpretation Not Affected by Headings 4 1.3 Number and Gender 4 1.4 Statutes and Amendments 4 ARTICLE 2 AMALGAMATION 5 2.1 Amalgamation and Share Allocation 5 ARTICLE 3 NEW SHAREHOLDER DECLARATION /AGREEMENT 5 3.1 Niagara Falls Shareholder Declaration 5 3.2 Penwest Shareholders Agreement 5 3.3 Niagara Falls Closing Deliveries 5 3.4 Penwest Closing Deliveries 5 ARTICLE 4 COVENANTS 6 4.1 Mutual Covenants 6 ARTICLE 5 HOLDING COMPANY SHARES 6 5.1 Municipal Hold Period 6 5.2 Right of First Refusal 6 5.3 Exercise of Right of First Refusal: 7 5.4 Sale of Holding Company Shares 7 5.5 Moratorium on Sales While Purchase Offer Outstanding 9 ARTICLE 6 DISPUTE RESOLUTION 9 6.1 Disputes 9 6.2 Arbitration 10 ARTICLE 7 GENERAL PROVISIONS 10 7.1 Notices 10 7.2 Entire Agreement 11 7.3 Waiver, Amendment 11 7.4 Counterparts 12 7.5 Governing Law 12 7.6 Time of Essence 12 7.7 Severability 12 7.8 Assigunent 12 7.9 Successors 12 MUNICIPAL CO- OPERATION AGREEMENT THIS AGREEMENT made as of the 31st day of May, 2007, AMONG: RECITALS: THE CITY OF NIAGARA FALLS, a municipal corporation under the laws of Ontario "Niagara Falls and THE TOWN OF LINCOLN, a municipal corporation under the laws of Ontario "Lincoln and THE TOWN OF PELHAM, a municipal corporation under the laws of Ontario "Pelham -and- THE TOWNSHIP OF WEST LINCOLN, a municipal corporation under the laws of Ontario "West Lincoln (a) Niagara Falls Hydro Holding Corporation "NFHC is wholly -owned by Niagara Falls and Niagara Falls Hydro Inc. "NFHI is wholly -owned by NFHC. (b) Peninsula West Power Inc. "PWPI is owned by Lincoln, Pelham and West Lincoln and Peninsula West Utilities Limited "PWUL is wholly -owned by PWPI. (c) With the approval of Niagara Falls, Lincoln, Pelham and West Lincoln, NFHC and PWPI have agreed to undertake the amalgamation of NFHI and PWUL based upon the terms and conditions set out in the Merger Agreement among NFHC, NFHI, PWPI and PWUL dated June 30, 2007 (the "Merger Agreement (d) NFHC and PWPI have agreed to enter into a Shareholders Agreement, in the fowl attached as a schedule to the Merger Agreement to be executed at Closing (the "Shareholders Agreement which sets out their respective rights and obligations with respect to the management and operation of the amalgamated corporation resulting from the amalgamation of NFHI and PWUL "Niagara Peninsula Energy Inc") and the ownership of shares in Niagara Peninsula Energy Inc. and with respect to their relationship towards each other; (e) 2 Niagara Falls, Lincoln, Pelham and West Lincoln have agreed to enter into this Municipal Co- operation Agreement to set out certain understandings and obligations of the municipalities in respect of the amalgamation of NFHI and PWUL. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the respective covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.1 Defined Terms ARTICLE 1 INTERPRETATION All capitalized teems used in the recitals hereto and in this Agreement (including the schedules hereto) and not defined therein shall have the following meanings: "Agreement" means this Agreement and all Schedules hereto, as amended, supplemented, restated or replaced from time to time in accordance with this Agreement; "Amalgamation" means the amalgamation and continuation of NFHI and PWUL as Niagara Peninsula Energy Inc. pursuant to the Business Corporations Act (Ontario) and in accordance with the Merger Agreement; "Amalgamation Effective Date" has the meaning set forth in the Merger Agreement. "Applicable Law" means, collectively, all applicable federal, provincial and municipal laws, statutes, ordinances, decrees, rules, regulations, by -laws, legally enforceable policies, codes, or guidelines; judicial, arbitral, administrative, ministerial, departmental or regulatory judgments, orders, decisions, directives, rulings or awards; and conditions of any grant of approval, permission, certification, consent, registration, authority or licence by any statutory body, self regulatory authority, stock exchange or other Governmental Authority; "Business Day" means any day other than a day which is a Saturday, a Sunday or a statutory holiday in the Province of Ontario; "Closing" has the meaning set forth in the Merger Agreement; "Closing Date" has the meaning set forth in the Merger Agreement; "Contract" means, in respect of a particular Person, any contract, note, bond, mortgage, agreement, indenture, lease, agreement to lease, licence, personal property lease, commitment, understanding, instrument, option or any other instrument, document or obligation, oral or written, to which such Person is a party or whereby such Person's assets may be bound; 3 "Existing Niagara Falls Shareholder Declaration" means the Shareholder Declaration dated April 1, 2000 made by Niagara Falls in respect of NFHC and its subsidiaries, including NFHI; "Existing Penwest Shareholders Agreement" means the Shareholders Agreement dated October 25, 2000 among Lincoln, Pelham and West Lincoln in respect of PWPI and its subsidiaries including PWUL; "Governmental Authority" means any government or political subdivision (including without limitation, any municipality or federal or provincial ministry) or quasi governmental or regulatory agency, authority, board, commission, department or instrumentality of any government or political subdivision, or any court or tribunal; "Holding Company" means either NFHC or PWPI or any successor thereto; "Holding Company Shares" means the NFHC Shares and the PWPI Shares; "includes" means "includes, without limitation" and "including" means "including without limitation "Interim Period" means the period from and including the date of the Merger Agreement to and including the Closing Date or the earlier tet,nination of the Merger Agreement; Mergeco" mean the amalgamated corporation resulting from the Amalgamation; Mergeco Shares" means shares in the capital stock of Mergeco; "Merger Agreement" means the Merger Agreement among NFHC, NFHI, PWPI and PWUL dated as of the date of this Agreement; "Municipal Hold Period" has the meaning set forth in Section 5.1; "New Niagara Falls Shareholder Declaration" has the meaning set forth in Section 3.1; "New Penwest Shareholders Agreement" has the meaning set forth in Section 3.2; "NFHC Shares" means shares in the capital stock of NFHC; "Offered Shares" has the meaning set forth in Section 5.2(a); "Other Parties" has the meaning set forth in Section 5.2(b); "Parties" means the parties to this Agreement, and "Party" means either one of them; 4 "Person" means any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, Governmental Authority and any other form of entity or organization; "Prospective Purchaser" has the meaning set forth in Section 5.4; "Purchase Notice" has the meaning set forth in Section 5.3; "Purchase Price" has the meaning set forth in Section 5.2(a); "PWPI Shares" means shares in the capital stock of PWPI; "Right of First Refusal Period" has the meaning set forth in Section 5.3; "Sale Notice" has the meaning set forth in Section 5.2(a); "Shareholders Agreement" means the shareholders agreement to be entered into by NFHC, PWPI and Mergeco on Closing substantially in the form attached as Schedule to the Merger Agreement. "Term Sheet" means the Teuu Sheet dated June 8, 2006 among NFHC, NFHI, PWPI and PWUL relating to the proposed Amalgamation; 1.2 Interpretation Not Affected by Headings The division of this Agreement into articles, sections, subsections, paragraphs, subparagraphs and clauses and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. The tetras "this Agreement "hereof', "herein "hereunder" and similar expressions refer to this Agreement and the schedules hereto and not to any particular article, section, paragraph, subparagraph, clause or other hereof and include any agreement or instrument supplementary or ancillary hereto. Each Party acknowledges that it and its legal counsel have reviewed and participated in settling the terms of this Agreement. 1.3 Number and Gender In this Agreement, unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders. 1.4 Statutes and Amendments Any reference in this Agreement to an agreement, or to a statute, regulation or rule promulgated under a statute or to any provision of an agreement, a statute, regulation or rule shall be a reference to the agreement, statute, regulation, rule or provision, as amended, restated, re- enacted or replaced from time to time. 2.1 Amalgamation and Share Allocation 3.1 Niagara Falls Shareholder Declaration 5 ARTICLE 2 AMALGAMATION Each of Niagara Falls, Lincoln, Pelham and West Lincoln hereby acknowledge their approval of the Amalgamation on the terms and conditions set out in the Merger Agreement, including, without limitation, the initial allocation of shares of Mergeco between NFHC and PWPI which shall be as follows: Shareholder Niagara Peninsula Energy Inc. Shares NFHC 74.5 Common Shares PWPI 25.5 Common Shares ARTICLE 3 NEW SHAREHOLDER DECLARATION /AGREEMENT Niagara Falls agrees that, no later than the Closing Date, it shall authorize and approve a new shareholder declaration or amendment to the Existing Niagara Falls Shareholder Declaration (as appropriate) (the "New Niagara Falls Shareholder Declaration to reflect the creation of Mergeco and, to the extent necessary, the terms of the Shareholders Agreement. 3.2 Penwest Shareholders Agreement Lincoln, Pelham and West Lincoln each agree that, no later than the Closing Date, they shall authorize and approve a new shareholders agreement or amendment to the Existing Penwest Shareholders Agreement (as applicable) (the "New Penwest Shareholders Agreement to reflect the creation of Mergeco and, to the extent necessary, the terms of the Shareholders Agreement. 3.3 Niagara Falls Closing Deliveries At Closing, Niagara Falls shall deliver, or cause to be delivered, to Lincoln, Pelham and West Lincoln a copy of the New Niagara Falls Shareholder Declaration executed by Niagara Falls. 3.4 Penwest Closing Deliveries At Closing, Lincoln, Pelham and West Lincoln shall deliver, or cause to be delivered, to Niagara Falls a copy of the New Penwest Shareholders Agreement executed by Lincoln, Pelham and West Lincoln. 4.1 Mutual Covenants (3) 5.1 Municipal Hold Period 6 ARTICLE 4 COVENANTS (1) Co- operation and Compliance. Subject to the terms and conditions of this Agreement and Applicable Law, each of the Parties shall use commercially reasonable efforts to take, or cause to be taken, all action, and to do, or cause to be done, all things necessary, proper or advisable to complete the Amalgamation. (2) Confidentiality. Except as required by Applicable Law or a Governmental Authority, the Parties shall treat as confidential this Agreement, the Term Sheet, Merger Agreement and the Shareholders Agreement and all information provided to one another in accordance with this Agreement. Except as required by Applicable Law or a Governmental Authority, all such information shall be kept in the strictest confidence and not divulged to any unrelated third party. Public Statements. The Parties agree that any public announcement, press release or other public disclosure in respect of the Amalgamation, this Agreement, the Term Sheet, the Shareholders Agreement or the Merger Agreement shall be prepared on a joint basis following consultation between the Parties and shall be in form and substance acceptable to all Parties. Upon the completion of the Amalgamation, the Parties may issue press releases mutually acceptable to all Parties. ARTICLE 5 HOLDING COMPANY SHARES No right, title, benefit or interest in any shares of NFHC or PWPI may be sold, transferred, assigned, pledged, made subject to any encumbrance or otherwise disposed of by any Party for the five (5) year period from the Closing Date (the "Municipal Hold Period except with the prior written approval of all of the other Parties. 5.2 Right of First Refusal Sale Initiated by Lincoln, Pelham or West Lincoln (a) Any of Lincoln, Pelham or West Lincoln (hereinafter in this Article 5 referred to as the "Pen West Parties who desires to transfer or sell (hereinafter in this Article 5 referred to as the "Pen West Selling Party all or any portion of its Holding Company Shares (hereinafter in this Article 5 referred to as the "Pen West Offered Shares after the Municipal Hold Period shall give notice of such proposed sale (hereinafter in this Article 5 referred to as the "Pen West Sale Notice to the other Pen West Parties (hereinafter in this Article 5 referred to as the "Other Pen West Parties and shall set out in the Pen West Sale Notice the terms upon which and the price at which it desires to sell the Pen West Offered Shares (such price being hereinafter in this Article 5 referred to as the "Pen West Purchase Price 7 (b) Upon the Pen West Sale Notice being given, the Other Pen West Parties shall have the right to purchase all, but not less than all, as nearly may be in proportion to the number of shares of PWPI held by each such Other PenWest Party respectively as at the date of such offer (each a "Proportionate Share of the Pen West Offered Shares for the Pen West Purchase Price. 5.3 Exercise of Right of First Refusal Sale Initiated by Lincoln, Pelham West Lincoln: The Other Pen West Parties shall have the option, exercisable by giving written notice of the exercise of such option (hereinafter in this Article 5 referred to as the "Pen West Purchase Notice to the Pen West Selling Party within ninety (90) days (hereinafter in this Article 5 referred to as the "Pen West Right of First Refusal Period subsequent to the date of receipt by the Other Pen West Parties of the Pen West Sale Notice, to purchase all but not less than all of its Proportionate Share of the Pen West Offered Shares at the Pen West Purchase Price and the terms set forth in the Pen West Sale Notice. The Pen West Purchase Notice shall state the number of Pen West Offered Shares it is desirous of purchasing which number shall either be (i) its Proportionate Share, or (ii) all but not less than all of the Pen West Offered Shares. If, within the Pen West Right of First Refusal Period, a Pen West Purchase Notice has not been received by the Pen West Selling Party from an Other Pen West Party, such Other Pen West Party shall be deemed to have declined to purchase the Pen West Offered Shares being offered. If the Other Pen West Parties do not claim their respective Proportionate Share of the Pen West Offered Shares, any unclaimed Pen West Offered Shares shall be used to satisfy the claims of such Other Pen West Parties for Pen West Offered Shares in excess of their Proportionate Share. The closing of the sale of the Pen West Offered Shares shall occur on the first Business Day following the expiry of the sixty (60) day period following the date of receipt by the Other Pen West Parties of the Pen West Purchase Notice or, if the completion of such sale requires the prior approval of or notice to a third Person or Governmental Authority under Applicable Law or any instrument or agreement, within thirty (30) Business Days after receipt of such approval or required period of notice or on such later date as may be agreed by the Pen West Parties. 5.4 Sale of Holding Company Shares In the event that the Other Pen West Parties do not exercise their right of first refusal pursuant to Section 5.3, the rights of the Other Pen West Parties, subject as hereinafter provided, to purchase the Pen West Offered Shares shall forthwith terminate and the Pen West Selling Party, may sell the Pen West Offered Shares to Niagara Falls within ninety (90) days after the termination of the Pen West Right of First Refusal Period, for a price not less than the Pen West Purchase Price and on other terms no more favourable to Niagara Falls than those set forth in the Pen West Sale Notice. If Niagara Falls does not purchase the Pen West Offered Shares, the Pen West Selling Party may sell the Pen West Offered Shares to any Person (the "Prospective Purchaser within a further ninety (90) days after the termination of the Pen West Right of First Refusal Period, for a price not less than the Pen West Purchase Price and on other terms no more favourable to the Prospective Purchaser than those set forth in the Pen West Sale Notice. Any Prospective Purchase must agree in writing to assume all obligations and liabilities of the Pen West Selling Party and be bound by the terms of all applicable agreements to which the Pen West Selling Party is bound with respect to the Pen West Offered Shares. If the Pen West 8 Offered Shares are not sold to within such ninety (90) day periods, or, if the completion of such sale requires the prior approval of or notice to a third Person or Governmental Authority under Applicable Law or any instrument or agreement, within thirty (30) Business Days after receipt of such approval or any required period of notice, on such terms, the rights of the Other Pen West Parties and Niagara Falls pursuant to Article 5 shall again take effect and so on from time to time. All tax, of any kind, including any tax payable on the transfer of electricity assets, payable as a result of the purchase of any Holding Company Shares shall be paid by the purchaser of such shares. 5.5 Right of First Refusal Sale Initiated by Niagara Falls (a) Should Niagara Falls desire to transfer or sell all or any portion of its Holding Company Shares (hereinafter in this Article 5 referred to as the "Niagara Offered Shares after the Municipal Hold Period, Niagara Falls shall give notice of such proposed sale (hereinafter in this Article 5 referred to as the "Niagara Sale Notice to the other Parties (hereinafter in this Article 5 referred to as the "Other Parties and shall set out in the Niagara Sale Notice the terms upon which and the price at which it desires to sell the Niagara Offered Shares (such price being hereinafter in this Article 5 referred to as the "Niagara Purchase Price (b) Upon the Niagara Sale Notice being given, the Other Parties shall have the right to purchase all, but not less than all, of their Proportionate Share of the Niagara Offered Shares for the Niagara Purchase Price. 5.6 Exercise of Right of First Refusal Sale Initiated by Niagara Falls: The Other Parties shall have the option, exercisable by giving written notice of the exercise of such option (hereinafter in this Article 5 referred to as the "Niagara Purchase Notice to the Niagara Falls within ninety (90) days (hereinafter in this Article 5 referred to as the "Niagara Right of First Refusal Period subsequent to the date of receipt by the Other Parties of the Niagara Sale Notice, to purchase all but not less than all of its Proportionate Share of the Niagara Offered Shares at the Niagara Purchase Price and the terms set forth in the Niagara Sale Notice. The Niagara Purchase Notice shall state the number of Niagara Offered Shares it is desirous of purchasing which number shall either be its (i) Proportionate Share, or (ii) all but not less than all of the Niagara Offered Shares. If, within the Niagara Right of First Refusal Period, a Niagara Purchase Notice has not been received by Niagara Falls from an Other Party, such Other Party shall be deemed to have declined to purchase the Niagara Offered Shares being offered. If the Other Parties do not claim their respective Proportionate Share of the Niagara Offered Shares, any unclaimed Niagara Offered Shares shall be used to satisfy the claims of such Other Parties for Niagara Offered Shares in excess of their Proportionate Share. The closing of the sale of the Niagara Offered Shares shall occur on the first Business Day following the expiry of the sixty (60) day period following the date of receipt by the Other Parties of the Niagara Purchase Notice or, if the completion of such sale requires the prior approval of or notice to a third Person or Governmental Authority under Applicable Law or any instrument or agreement, within thirty (30) Business Days after receipt of such approval or required period of notice or on such later date as may be agreed by the Parties. 6.1 Disputes 9 5.7 Sale of Holding Company Shares In the event that the Other Parties do not exercise their right of first refusal pursuant to Section 5.5, the rights of the Other Parties, subject as hereinafter provided, to purchase the Niagara Offered Shares shall forthwith terminate and the Niagara Selling Party, may sell the Niagara Offered Shares to any Person (the "Prospective Purchaser within ninety (90) days after the termination of the Niagara Right of First Refusal Period, for a price not less than the Niagara Purchase Price and on other terms no more favourable to the Prospective Purchaser than those set forth in the Niagara Sale Notice. Any Prospective Purchase must agree in writing to assume all obligations and liabilities of the Niagara Selling Party and be bound by the terms of all applicable agreements to which the Niagara Selling Party is bound with respect to the Niagara Offered Shares. If the Niagara Offered Shares are not sold within such ninety (90) day period, or, if the completion of such sale requires the prior approval of or notice to a third Person or Governmental Authority under Applicable Law or any instrument or agreement, within thirty (30) Business Days after receipt of such approval or any required period of notice, on such teens, the rights of the Other Parties pursuant to Article 5 shall again take effect and so on from time to time. All tax, of any kind, including any tax payable on the transfer of electricity assets, payable as a result of the purchase of any Holding Company Shares shall be paid by the purchaser of such shares. 5.8 Moratorium on Sales While Purchase Offer Outstanding Once a Party gives a Sale Notice (either the Pen West Sale Notice or the Niagara Sale Notice, as the case may be) pursuant to Article 5 hereof, for a period of one (1) year, no other Party shall be entitled to give a Sale Notice with respect to Holding Company Shares until such time as the Offered Shares (either the Pen West Offered Shares or the Niagara Offered Shares, as the case may be) are either sold to the Pen West Other Parties or the Other Parties, or a Prospective Purchaser, as the case may be, in accordance with the terms of this Article 5 or the sale of such shares to the Prospective Purchaser does not occur within the time limits prescribed in Article 5. No Party may proceed with any sale of any of the Holding Company Shares owned by it without complying with the relevant provisions of this Agreement. ARTICLE 6 DISPUTE RESOLUTION Each Party shall appoint one or more representatives who shall be responsible for administering this Agreement on its behalf and for representing its respective interests in disputes relating to this Agreement. Any dispute between the Parties relating to this Agreement that is not resolved between such representatives within ten (10) Business Days of the date that one Party notifies the other Party of such dispute shall be referred by the Parties' representatives in writing to the Chief Administrative Officer of each Party for resolution. Such senior management shall use good faith efforts to resolve the dispute for a period of up to ten (10) Business Days. 6.2 Arbitration (c) 7.1 Notices 1 0 If a dispute is not resolved by the procedure set forth in Section 6.1 above, such dispute may, by any Party, be referred to and resolved by arbitration by a single arbitrator in accordance with the provisions of the Arbitration Act, 1991 (Ontario), subject to the following modifications and additions: (a) The arbitration shall take place in the Province of Ontario, and shall be conducted in English. (b) The arbitration shall be conducted by a single arbitrator having no financial, business or personal interest in the outcome of the arbitration. The arbitrator shall be appointed jointly by agreement of the parties to such dispute. In the event the parties to such dispute are unable to agree on the appointment of the arbitrator within ten (10) days after notice of a demand for arbitration is given by a Party and agreed to by the other parties to such dispute, then the arbitrator shall be selected pursuant to the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator shall have the authority to award any remedy or relief that a court could order or grant in accordance with this Agreement including, without limitation, specific performance of any obligation, the issuance of an interim, interlocutory or permanent injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. (d) The arbitrator shall have sole and exclusive jurisdiction to examine into, hear and determine all matters and questions of fact and law in respect of which any powers or authority has been conferred upon the arbitrator, including questions of jurisdiction. The arbitral award shall be in writing, stating the reasons for the award and shall be final and conclusive and is not open to appeal, question or review in any court and any determination by the arbitrator made under this Article is hereby ratified and confirmed and is binding upon all persons. No proceedings by or before the arbitrator shall be restrained by injunction, prohibition or other process or proceeding in any court, or are removable by certiorari or otherwise into any court. ARTICLE 7 GENERAL PROVISIONS Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be given by facsimile or by hand delivery as provided below. Any such notice or other communication, if sent by facsimile, shall be deemed to have been received on the Business Day following the sending, or if delivered by hand, shall be deemed to have been received at the time it is delivered to the applicable address noted below either to the individual designated below or to an individual at such address having apparent authority to accept deliveries on behalf of the addressee. Notice of change of address shall also be governed by this Section 7.1. Notices and other communications shall be addressed as follows: (a) in the case of Niagara Falls: Attention: Fax No.: (b) in the case of Lincoln: Attention: Fax No.: (c) in the case of Pelham: Attention: Fax No.: (d) in the case of West Lincoln: Attention: Fax No.: Notwithstanding the foregoing, any notice of arbitration permitted to be given by any party pursuant to or in connection with any arbitration procedures in Section 6.2 may only be delivered by hand. Normal communications during the arbitration process itself may be delivered by facsimile, regular mail or by hand delivery. The failure to send or deliver a copy of a notice to counsel shall not invalidate any notice given under this Section 7.1. 7.2 Entire Agreement This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the Parties, written or oral, in respect thereof. 7.3 Waiver, Amendment No modification of or amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by each of the Parties. No waiver of any provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the same and, unless otherwise provided, no such waiver shall constitute a waiver of any other provision of this Agreement nor constitute a continuing waiver, or operate as a waiver of, or estoppel with respect to, any subsequent failure to comply. 7.4 Counterparts This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same agreement. Counterparts may be executed either in original or facsimile form and the Parties shall accept any signatures received by a receiving facsimile machine as original signatures of the Parties; provided, however, that any Party providing its signature in such manner shall promptly forward to the other Parties an original of the signed copy of this Agreement which was so facsimiled. 7.5 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The Parties agree that the courts of Ontario shall have exclusive jurisdiction to determine all disputes and claims arising under or pursuant to this Agreement. 7.6 Time of Essence Time shall be of the essence hereof 7.7 Severability Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In respect of any provision so determined to be unenforceable or invalid, the Parties agree to negotiate in good faith to replace the unenforceable or invalid provision with a new provision that is enforceable and valid in order to give effect to the business intent of the original provision to the extent permitted by law and in accordance with the intent of this Agreement. 7.8 Assignment 12 The rights or obligations of each Party hereunder shall not be assignable without the prior written consent of all of the other Parties. 7.9 Successors This Agreement shall be binding upon and ensure to the benefit of the Parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the Parties hereto and their respective successors and permitted assigns, any rights remedies, obligations or liabilities under or by reason of this Agreement. IN WITNESS WHEREOF the parties hereto have duly authorized and executed this Agreement as of the day and year first above written. ::ODMA\PCDOCS \TOR01 \3330296 \4 THE CITY OF NIAGARA FALLS By: By: THE TOWN OF LINCOLN By: Name: Title: By: Name: Title: THE TOWN OF PELHAM By: By: By: 13 Name: Title: Name: Title: Name: Title: By: Name: Title: THE TOWNSHIP OF WEST LINCOLN Name: Title: Name: Title: A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D4" and Schedule "D4" attached hereto shall be inserted in lieu thereof. Passed this twenty- eighth day of May, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 28, 2007 May 28, 2007 May 28, 2007 CITY OF NIAGARA FALLS By-law No. 2007 SCHEDULE "D4" HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Keith Bennett Tyler Berketa Mike Bourdon Blair Cottage Ryan Fulton David Hindman Stan Leggett Jason McKnight Mike McLellan Dean Murray Mike Rogers Mike Van Maarren Jason White Jason Young CITY OF NIAGARA FALLS By -law No. 2007 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2007. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by -law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential /farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2007 taxation year have been set out in By -law 42 -2007 of the Regional Municipality of Niagara, dated 12 day of April 2007; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara, and for public and separate school purposes for the 2007 taxation year have been set out in By -law 43 -2007 of the Regional Municipality of Niagara, dated 12t day of April 2007; AND WHEREAS the Council of the Corporation of the City ofNiagara Falls has adopted estimates of all sums required to be raised by it during the year 2007; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: The assessments for the City of Niagara Falls on which the sums required for the year 2007 are to be levied for the various purposes hereinafter set forth are as follows: Assessment Category RESIDENTIAL/FARM MULTI RESIDENTIAL Assessment Amount General 4,705,598,722 210,691,065 Assessment Amount Urban Service Area 4,391,355,150 210,691,065 -2- COMMERCIAL Taxable General 12,423,000 12,423,000 Taxable Full 1,526,276,438 1,487,755,571 Excess Land 12,343,589 11,019,481 Vacant Land 66,765,590 66,765,590 Office Building 9,135,795 9,135,795 Excess Land 3,337,645 3,337,645 Shopping Centre 130,637,580 130,637,580 Excess Land 4,007,370 4,007,370 Parking Lot 14,991,900 14,713,900 INDUSTRIAL (RESIDUAL) Taxable Full 56,083,193 50,478,178 Excess Land 3,419,629 2,669,349 Vacant Land 9,797,970 8,563,570 LARGE INDUSTRIAL Taxable Full 16,840,854 16,840,854 Excess Land 279,102 279,102 PIPELINES Taxable Full 30,380,000 18,307,000 FARMLANDS 24,609,003 706,825 MANAGED FORESTS 430,300 0 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2007 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: (b) in Urban Service Areas 1 and 2: 3. The tax rate schedule set out in Schedule "A" is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by -law and such tax shall become due and payable for 2007 only, for, 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By -law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by -law and to make a return of his or her Roll on or before the 31st day of December 2007. 7. This by -law shall come into force and effect immediately upon passing thereof. 8. Schedule "A" attached to this By -law shall form part of this By -law. Passed this 28th First Reading: Second Reading: Third Reading: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $43,553,310.00, which includes the amount of $6,168,248.00 for waste management services; (ii) for public and separate school board purposes the sum of $43,372,889.00; (iii) for the purpose of The Regional Municipality of Niagara the sum of $58,713,943.00; and (i) for urban service purposes the sum of $5,679,258.00. (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 29, 2007 and September 28, 2007, and (b) Commercial, Industrial and Multi- Residential Assessments on August 31, 2007 and October 31, 2007. DEAN IORFIDA, CITY CLERK R. (TED) SALCI, MAYOR May 28, 2007 May 28, 2007 May 28, 2007 3 day of May 2007 Assessment General Rates Urban Service Urban Service Area Total Property Class :ode City Waste Mgmt. Region Schools Total Area Residential /Farm RT 0.440368% 0.072611% 0.691166% 0.264000% 1.468145% 0.070445% 1.538590% Multi- residential MT 0.907159% 0.149579% 1.423801% 0.264000% 2.744539% 0.145118% 2.889657% New Multi- residential 0.440368% 0.072611% 0.691166% 0.264000% 1.468145% 0.070445% 1.538590% Commercial Occupied CT /ST /DT 0.774432% 0.127694% 1.215481% 1.592891% 3.710498% 0.123885% 3.834383% Vacant Unit CU /SU /DU 0.542102% 0.089386% 0.850837% 1.115024% 2.597349% 0.086720% 2.684069% Vacant Land CX 0.542102% 0.089386% 0.850837% 1.115024% 2.597349% 0.086720% 2.684069% Industrial I- n x Occupied 1.128923% 0.190967% 1.817765% 2.634429% 5.772084% 0.180605% 5.952689% Vacant Unit 0.733800% 0.124129% 1.181547% 1.712379% 3.751855% 0.117393% 3.869248% Vacant Land 0.733800% 0.124129% 1.181547% 1.712379% 3.751855% 0.117393% 3.869248% Large Industrial Occupied LT 1.128923% 0.190967% 1.817765% 2.634429% 5.772084% 0.180605% 5.952689% Vacant LU 0.733800% 0.124129% 1.181547% 1.712379% 3.751855% 0.117393% 3.869248% Pipelines PT 0.719298% 0.118603% 1.128948% 1.53203 3.498879% 0.115066% 3.613945% Farmlands FT 0.110092% 0.018153% 0.172791% 0.066000% 0.367036% 0.017611% 0.384647% Managed Forests TT 0.110092% 0.018153% 0.172791% 0.066000% 0.367036% 0.017611% 0.384647% Farmland Awaiting 0.330276% 0.054458% 0.518374% 0.198000% 1.101108% 0.052834% 1.153942% Development 1 Farmland Awaiting 0.440368% 0.072611% 0.691166% 0,264000% 1.468145% 0.070445% 1.538590% Development 11 -4- CITY OF NIAGARA FALLS 2007 Tax Rates Schedule "A" Passed this twenty- eighth day of May, 2007. First Reading: Second Reading: Third Reading: May 28, 2007. May 28, 2007. May 28, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of May, 2007. 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 28 day of May, 2007 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR